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MANOHAR LAL SHARMA vs. THE PRINCIPLE SECRETARY & ORS.

SCR Citation: [2014] 12 S.C.R. 110
Year/Volume: 2014/ Volume 12
Date of Judgment: 24 September 2014
Petitioner: MANOHAR LAL SHARMA
Disposal Nature: Others
Neutral Citation: 2014 INSC 677
Judgment Delivered by: N/A
Respondent: THE PRINCIPLE SECRETARY & ORS.
Case Type: WRIT PETITION(CRIMINAL) /120/2012
Order/Judgment: Order
1. Headnote

Coal - Allotment of coal blocks - Cancellation of - Allotment of coal blocks made by Screening Committee of  the Government of India and Government Dispensation route held arbitrary and illegal - Consequences of such cancellation - Affidavit by Union of India to the effect that coal is actually mined from 40 coal blocks listed in Annexure I to the affidavit and 6 coal blocks listed in Annexure II are ready for extraction - Issue whether the allotment of these coal blocks to be cancelled or not - Held: Process of allotment cannot be reopened collaterally through the appointment of a committee, as it would virtually amount to nullifying the judgment - All the parties likely to be adversely affected were given a hearing, thus, principle of natural justice was applied - The first category of allotments are other than those mentioned in Annexure 1 and Annexure 2 which are illegal and arbitrary, the allottees have not yet entered into any mining lease and they have not yet commenced production, thus, all these allotments are quashed - Second category being the 46 coal blocks mentioned in Annexure 1 and Annexure 2, though have commenced production or are on the verge of commencing production - These allocations are illegal and arbitrary, thus, are liable to be cancelled - However, the allotment of coal blocks Moher and Moher Amroli Extension allocated to Sasan Power Ltd. (UMPP), Tasia (allotted to Steel Authority of India Ltd. (SAIL), and Pakri Barwadih coal block (allotted to National Thermal Power Corporation (NTPC), not liable to be cancelled - The cancellation would take effect from 31st March, 2015 - Period of six months is being given since the Central Government and GIL would need some time to adjust to the changed situation and move forward as also adequate time is given to the coal block allottees to adjust and manage their affairs - Allottees of the coal blocks other than those covered by the judgment and the four coal blocks covered by this order to pay an amount of Rs.295/- per metric ton of coal extracted as an additional levy within the stipulated period - Coal extracted hereafter till 31 st March, 2015 would also attract the additional levy of Rs.295/- per metric ton - Scrutiny by CBI in respect of allotment of 12 coal blocks out of 46 would continue.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Coal
  • Allotment
  • Screening Committee
5. Equivalent citation
    Citation(s) 2014 (9) SCC 614 = 2014 (9) Suppl. SCC 614 = 2014 (11) JT 227 = 2014 (11) Suppl. JT 227 = 2014 (11) SCALE 149