Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1~50: Art. 39 (b) CONSTITUTION OF /NOIA |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | CONSTITUTION OF INDIA, 1~50: Art. 39 (b) - Material resources of community- Allocation of coal blocks - Held: It cannot be said that auction is best D way to select private parties under Art. 39 (b). Art. 73 - Executive power of Union - Held: Executive instructions can fill up the gaps not covered by statutory provisions but the same cannot be in derogation of the E statutory provisions. Seventh Schedule - List I, Entry 54 - List II, Entry 23 - Regulation o~ mines and mineral development - Held: Requisite declarations made in s.2 of 'Mines and Mineral F (Development and Regulation) Act and s.1-A of CMN Act, have the effect of taking out regulation and development of coal mines from Entry 23 of List II of Seventh Schedule.MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957: s. 2 of 1957 ACt rlw s. 1-A of CM Act - Allocation of coal blocks - Held: The exercise undertaken by Central Government in a/locating coal blocks or selection of beneficiaries between 1993 and 31.3.2011 is not traceable either to 1957 Act or CMN Act - Allocation of coal blocks made on the basis of recommendations of Screening Committee as a/so by way of Government dispensation route (Ministry of Coal) is arbitrary and illegal - The practice and procedure followed by Central Government is clearly inconsistent with law already enacted and rules framed - Executive instructions cannot be in derogation of statutory provisions -- Coal Mines (Nationalisation) Act, 1973 - s. 1-A - Constitution of India, 1950 - Art. 73 - Public Interest Litigation.COAL MINES (NATIONALISATION) ACT, 1973:s. 3 (3) (a) (iii) - 'Company' - Held: The expression 'a company' occurring in s. 3 (3) (a) (iii) does not cover "consortium of companies" or "formulation of groups" or "common pool" - The procedure followed by Screening Committee and finally by issuing allocation letters to one leader company with obligation to share associate's share of coal to associate company at a price determinable by Government is in contravention to s. 3 (3) (A) (iii) - Recommendation of block~ jointly in favour of 2-3 companies is a/so in contravention of CMN Act.s. 3 (3) (a) (iii) - Expression 'engaged in' - Held: Means that the company that was applying for coal blocks must have set up an iron and steel/power/cement plant and be engaged in the respective production - The prospective engagementby a private company in production of steel, power or cement would not entitle such company to carry out coal mining operation.ss. 3 (4), 4, 5, 6 and 7 - Expression 'Government B company or a corporation owned, managed or controlled by the Central Government - Held: Means Government of India Public Undertaking - It does not include State Government Public Sector Undertaking - Thus, commercial mining cannot C be carried by State Government or State PSU, which became entitled only to obtain sub-lease of reserves of coal in isolated small pockets under clauses (i) and (ii) of proviso to s. 3 (3) (c).INTERPRETATION OF STATUTES: Interpretation to statute received from contemporary authority - Held: Is not binding upon courts and may have to E be disregarded if it is clearly wrong. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2014 INSC 562 |
Petitioner | Manohar Lal Sharma |
Respondent | The Principal Secretary & Ors. |
SCR | [2014] 8 S.C.R. 446 |
Judgement Date | 2014-08-25 |
Case Number | 120 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
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 |