MANOHAR LAL SHARMA versus THE PRINCIPLE SECRETARY & ORS.

MANOHAR LAL SHARMA versus THE PRINCIPLE SECRETARY & ORS.

Allotments of coal blocks made under the Screening Committee and government dispensation routes were illegal and arbitrary. The consequences include cancellation of these allotments except for select blocks allocated to UMPP and certain Central Government undertakings. The principles of natural justice were observed as affected parties were heard.

Parties
Petitioner: Manohar Lal Sharma; Respondents: The Principle Secretary & Ors.; Intervener: Coal Producers Association; Intervener: Sponge Iron Manufacturers Association; Intervener: Independent Power Producers Association of India; Respondent: Union of India
Jurisdiction
India
Judgment Date
24 September 2014
Procedural Posture
Writ Petition (criminal) No. 120 of 2012; W.p. (c) Nos. 463, 515 of 2012; W.p. (c) No. 283 of 2013 / Order Passed in Consequence Proceedings
Outcome
Allotments of coal blocks made by both Screening Committee and government dispensation route are quashed except for those specifically exempted. The cancellation takes effect from 31st March, 2015.
Legal Topics
Coal Block Allotment, Cancellation of Allocations, Natural Justice, Public Interest Litigation, Consequences of Illegal Allocations

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Parties

Manohar Lal Sharma

Petitioner

The Principle Secretary & Ors.

Respondents

Coal Producers Association

Intervener

Sponge Iron Manufacturers Association

Intervener

Independent Power Producers Association of India

Intervener

Union of India

Respondent

Procedural Posture

Writ Petition (criminal) No. 120 of 2012; W.p. (c) Nos. 463, 515 of 2012; W.p. (c) No. 283 of 2013 / Order Passed in Consequence Proceedings

  1. 1 Whether the allotment of coal blocks made by the Screening Committee and government dispensation route is illegal and arbitrary.
  2. 2 What should be the consequences of such illegal and arbitrary allotments?
  3. 3 Whether principles of natural justice were satisfied.

Ratio Decidendi

Allotments of coal blocks made under the Screening Committee and government dispensation routes were illegal and arbitrary. The consequences include cancellation of these allotments except for select blocks allocated to UMPP and certain Central Government undertakings. The principles of natural justice were observed as affected parties were heard.

Court Disposition

Allotments of coal blocks made by both Screening Committee and government dispensation route are quashed except for those specifically exempted. The cancellation takes effect from 31st March, 2015.

Orders

  • Except four specified coal blocks, all other allotments are quashed and cancelled.
  • Cancellation to take effect from 31st March, 2015 to allow affected parties and Coal India Limited to adjust.