CONSTITUTION OF IND/A, 1950
Art. 137 - Review Petition - Held: Review proceedings are
not by way of an appeal; they have to be strictly confined to
the scope and ambit of 0.47, r. 1 CPC - In the instant case,
the error contemplated in the impugned judgment is not one
which is apparent on the face of the record, rather the dispute
is wholly founded on interpretation and applicability of ss.
11(2) and 11(4) of MMDR Act - In review jurisdiction, mere
disagreement with the view of the judgment cannot be the
ground for invoking the same - However, the misquoted
portion of the Report, owing to clerical mistakes, is deleted
from the judgment - Code of Civil Procedure, 1908 - 0.47,
r. 1 - Supreme Court Rules. 1966 - 0.40 - Mines and Minerals
(Development and Regulation) Act, 1957 - ss. 11(2) and 11(4)
- Delay/Laches.
The petitioner-Union of India filed the instant review
petition seeking review of the judgment and order dated
13.9.2010 passed in Sandur Manganese and Iron Ores Ltd. It was the case of the petitioner that it could not put forth its view in the case for the reason that copy of the special leave petition was not served upon it and, as such, it
could not get an opportunity to be heard in the case. The impugned judgment was mainly challenged on two
issues (i) "that the impugned judgment has incorrectly
reported the 'Report of the Committee to Review the Existing
Laws and Procedures for Regulation and Development of
Minerals'. As a consequence, the ratio of impugned judgment, which relies on this Expert Committee Report,
shall stand erroneous in the eyes of law"; and (ii) that s.
11 (2) and s. 11 (4) of the Mines and Minerals (Development
and Regulation Act, 1957) should be applicable to both
virgin and previously held areas.