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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the allotment of coal blocks made by the Screening Committee and government dispensation route is illegal and arbitrary.
- 2 What should be the consequences of such illegal and arbitrary allotments?
- 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.
Full Case Text
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