LexMANOHAR LAL SHARMA versus THE PRINCIPLE SECRETARY & ORS.
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A B [2014] 12 S.C.R. 110 MANOHAR LAL SHARMA . v. THE PRINCIPLE SECRETARY & ORS. (Writ Petition (Criminal) No. 120 of 2012) SEPTEMBER 24, 2014 [R.M. LODHA, CJI, MADAN B. LOKUR AND KURIAN JOSEPH, JJ.] Coal - Allotment of coal blocks - Cancellation of - C 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 D 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 E 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 o,ther than those mentioned in Annexure 1 and Annexure 2 which are illegal and arbitrary, the allottees have not yet entered into any · F ·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 G 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 H 110 MANOHAR LAL SHARMA v. PRINCIPLE 111 SECRETARY Corporation (NTPC), not liable to be cancelled - The A 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 a/so adequate time is given to the coal block allottees to adjust and manage their affairs B - 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. 2951- per metric ton of coal extracted as an additional levy within the stipulated period - Coal extracted hereafter ti/131 st March, 2015 would also attract the c additional levy of Rs. 2951- per metric ton - Scrutiny by CBI in respect of allotment of 12 coal blocks out of 46 would continue. Samaj Parivartana Samudaya v. State of Kamataka I.A. No.201 & 219, 223 in I.A. No.204 and I.A. Nos. 224 in I.A. D No.215 in WP(C) No. 562/2009;; Ashok Hurrah v. Rupa Ashok Hurrah 2002 (2 ) SCR 1006 : (2002) 4 SCC 388; National Textile Workers' Union v. P. R. Ramakrishna 1983 (1) SCR 922 : (1983) 1 SCC 228; Sheela Barse v. Union of India 1988 ( 2) Suppl. SCR 643: (1988) 4 SCC 226; Onkar E Lal Bajaj v. Union of India 2002 (5) Suppl. SCR 605 :(200~) 2 SCC 673; Chingleput Bottlers v. Majestic Bottling Company 1984 (3) SCR 190 : AIR 1984 SC 1030 - referred to. Case Law Reference: 2002 (2) SCR 1006 Referred to Para 16 1983 (1) SCR 922 Referred to Para 18 1988 (2) Suppl. SCR 643 Referred to Para 20 2002 (5) Suppl. SCR 605 Referred to Para 21 1984 (3) SCR 190 Referred to Para 22 F G H 112 SUPREME COURT REPORTS [2014] 12 S.C.R. A CRIMINAL ORIGINAL JURISDICTION : Writ Petition B (Criminal) No. 120 of 2012. Under Article 32 of the Constitution of India. WITH W.P. (C) No. 463 and 515 of 2012 W.P. (C) No. 283 of 2013 Manohar Lal Sharma (Petitioner -in -person), Summan, C Prashant Bhushan, Pranav Sachdeva, Satyajit Desai, Akshaya M. Sudame, Anagha S. Desai, Jyoti Mendiratta for the petitioner. Mukul Rohatgi, AG., Ranjit Kumar, SG., Maninder Singh, D ASG., A. Saran, Anil B.' Divan, K.K. Venugopal, Ra11.ndra Srivastava, K.V. Viswanathan, Dr. Abhishek Manu Singhvi, Harish N. Salve, Dushyant Dave, Krishnan Venugopal, Paras Kuhad, Gopal Jain, Rakesh Dwivedi, Ajit Kumar Sinha, Vikas Singh, Dr. Rajeev Dhawan, T.R. Andhyarujina, Gopal Jian, Arijit E Prasad, Binu Tamta, Sushma Suri, D.S. Mahra, Amit Anand Tiwari, Sanchit Guru, Ashutosh Jha, Avinash Tripathi, Ramesh Babu M.R., Anip Sachthey, Mahi! Paul, Shagun Matta, Saakaar Sardana, Apoorv Kurup, Prashanto Sen, C.D. Singh, Rathi Rohit, V.C. Shukla, Sakshi Kakk
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