NDLI: M/s. Kalinga Mining Corporation Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Res Judicata Writ petition
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Res Judicata: Writ petition - Substitution of legal heirs of applicant for grant of mining lease - Allowed by High Court - SLP dismissed in limine - Issue again raised by appellant in writ petition challenging the order of granting mining lease - Held: It cannot be said that High Court has erroneously accepted the plea raised by LRs of respondent that the claim of appellant is baffled by res judicata - On the plea of a decision in a subsequent judgement, the issue cannot be permitted to be reopened since it has become final inter parties - Judgments - Finality of judgment. Mineral Concession Rules, 1960: r.25-A - Held: Is prospective in operation. Administrative Law: Opportunity of hearing - Mining lease - Plea of violation of principles of natural justice alleging that parties were heard by a different officer and decision was made by another officer - Held: Judicial review of administrative action/quasi judicial orders passed by Government is limited only to correcting the errors of law or fundamental procedural requirements which may lead to manifest injustice - When conclusions of authority are based on evidence, the same cannot be re appreciated by the court in exercise of its powers of judicial review - In the instant case, the order was the verbatim reproduction of report prepared by the officer who had heard the parties and it was signed by the other officer merely to communicate the approval of Central Government to parties - It is clearly a case of institutional hearing - Order does not suffer from any legal or procedural infirmity - Judicial review.In response to the notification dated 20.7.1965 issued by the State Government, the appellant, respondent no. 10 and others submitted their applications for grant of mining lease in respect of the notified area. On 8.6.1973, the Central Government rejected all the applications. Respondent no. 10 filed a writ petition (OJC No. 829 of 1978), which was allowed by High Court on 4.9.1987 directing the Central Government to reconsider the matter after giving all the parties concerned an opportunity of hearing. On 10.9.1987 respondent no. 10 died. Legal heirs of respondent no. 10 approached the High Court for substitution, which was allowed. On 8.4.1999, the Central Government approved the recommendation of the State Government for grant of mining lease in favour of legal representatives of respondent no. 10. In the writ petition filed by the appellant, the High Court, by its order dated 2.7.2001 held that on the death of respondent no. 10, her application for mining lease did not abate. SLP No. 13556 of 2001 filed by the appellant against the said order was dismissed in limine on 24.8.2001. Ultimately, by order dated 27.9.2001, mining lease was granted in favour of legal representatives of respondent no. 10. The appellant challenged the said order before the High Court In OCJ No. 3662 of 2002. Meanwhile In Saligram Khirwal's case It was held that legal heirs could not pursue an application for mining lease and that r.25-A was prospective. However, the High Court observed that legal heirs would be at liberty to make a fresh application In their own right. The writ petition was allowed to be amended In view of judgment in Saligram's case, but the preliminary objection raised by the appellant regarding the maintainability of the application for mining lease by legal heirs, was rejected by the High Court, by its order dated 3.8.2007, holding that the controversy stood concluded between the parties by rejection of earlier SLP No. 13556 of 2001 on 24.8.2001. The appellant challenged the order dated 31.8.2007 in C.A. No. 1013 of 2013. OCJ No. 3662 of 2002 was, ultimately, dismissed by the High Court on 24.11.2008. The appellant challenged the said order in C.A. No. 1014 of 2013. In C.A. No 1013 of 2013, the question for consideration before the Court was: whether the dismissal on 24.8.2001 of the SLP filed by the appellant against the judgment of the High Court dated 2.7.2001 in OJC No. 11537 of 1999 would attract the principles of res juclicata, so as to disentitle the appellant from urging the invalidity of the application of the legal heirs in place of the deceased-respondent no. 10 in the pending proceedings in OJC No. 3662 of 2002. In C.A. No. 1014 of 2013, it was contended for the appellant that the order dated 27.9.2001 was passed in violation of principles of natural justice in as much as the parties were heard by the Joint Secretary, whereas the order was passed by the Deputy Secretary, who did not hear the parties at all.
Judge	Hon'ble Mr. Justice S.S. Nijjar
Neutral Citation	2013 INSC 83
Petitioner	M/s. Kalinga Mining Corporation
Respondent	Union Of India & Ors.
SCR	[2013] 1 S.C.R. 814
Judgement Date	2013-02-07
Case Number	1013

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

M/s. Kalinga Mining Corporation Vs. Union of India & Ors.

Please Log-in to view this content

M/s. Arvind Constructions Co. Pvt. Lid. Vs. M/s Kalinga Mining Corporation and Ors.

M/s Kaushik Coop. Building Society Vs. N. Parvathamma & Ors.

M/s. Anwar Khan Mehboob & Co. Vs. State of Madhya Pradesh and Others

Sarva Shramik Sangh Vs. Indian Oil Corporation Ltd. & Ors.

Ramesh Chandra Vs. Shiv Charan Dass and Ors.

M/s. S.s. & Company Vs. Orissa Mining Corporation Limited

Ram Gobinda Dawan and Ors. Vs. Smt. Bhaktabala

Satrucharla Vijaya Rama Raju Vs. Nimmaka Jaya Raju and Ors.

Satyendra Kumar & Ors. Vs. Raj Nath Dubey & Ors.

M/s. Kalinga Mining Corporation Vs. Union of India & Ors.

M/s. Kalinga Mining Corporation Vs. Union of India & Ors.

Please Log-in to view this content

Similar Documents

M/s. Arvind Constructions Co. Pvt. Lid. Vs. M/s Kalinga Mining Corporation and Ors.

M/s Kaushik Coop. Building Society Vs. N. Parvathamma & Ors.

M/s. Anwar Khan Mehboob & Co. Vs. State of Madhya Pradesh and Others

Sarva Shramik Sangh Vs. Indian Oil Corporation Ltd. & Ors.

Ramesh Chandra Vs. Shiv Charan Dass and Ors.

M/s. S.s. & Company Vs. Orissa Mining Corporation Limited

Ram Gobinda Dawan and Ors. Vs. Smt. Bhaktabala

Satrucharla Vijaya Rama Raju Vs. Nimmaka Jaya Raju and Ors.

Satyendra Kumar & Ors. Vs. Raj Nath Dubey & Ors.

M/s. Kalinga Mining Corporation Vs. Union of India & Ors.