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2013 DIGILAW 1135 (SC)

Manohar Lal Sharma v. Principle Secretary

2013-09-26

KURIAN JOSEPH, MADAN B.LOKUR, R.M.LODHA

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ORDER : Writ Petition (Criminal) No. 120 of 2012 & Writ Petition (Civil) No. 463 of 2012 1. In the course of hearing, Mr. Goolam E. Vahanvati, learned Attorney General, argued that allocation letter was only a first step towards obtaining mining lease and that, by itself, does not confer any right on the allottee to work mines. According to him, at the highest, allocation letter is a letter of intent and issuance of such allocation letter in no way impinges the rights of the State Governments under the Mines and Minerals (Development and Regulation) Act, 1957. 2. In light of the above position, we wanted to know from the learned counsel for the petitioners whether they have any objection if the concerned State Governments are issued notice to enable them to explain their position in the matter to which Mr. Manohar Lal Sharma and Mr. Prashant Bhushan responded that they have no objection to this course. 3. In our view also, it is necessary to have the views of the States of Jharkhand, Chhattisgarh, Odisha, Maharashtra, Andhra Pradesh, Madhya Pradesh and West Bengal as the subject coal blocks for which the allocations have been made by the Union of India are located in these States. Besides their response to the two Writ Petitions, one filed by Mr. Manohar Lal Sharma (being Writ Petition (Criminal) No. 120 of 2012) and the other by Common Cause & others (being Writ Petition (Civil) No. 463 of 2012), these States need to explain their position on the following questions :- (i) How did the State Government understand the allocation of coal blocks by the Central Government ? (ii) What was the role of the State Government in the allocation of coal blocks ? (iii) What was the role of the State Government in the subsequent steps having regard to the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 ? (iv) The details of the agreements entered into by the State Public Sector Undertakings which were allotted coal blocks, with private parties in the coal blocks located in the State. 4. Each of the above States shall respond to the two Writ Petitions and explain the position on the WP(CRL.)NO.120/2012 with connected matters questions noted above by way of an affidavit sworn in by an officer not below the rank of Secretary to the Government. 5. 4. Each of the above States shall respond to the two Writ Petitions and explain the position on the WP(CRL.)NO.120/2012 with connected matters questions noted above by way of an affidavit sworn in by an officer not below the rank of Secretary to the Government. 5. We, accordingly, direct that notice be issued dasti to the following States :- (1) Jharkhand (2) Chhattisgarh (3) Odisha (4) Maharashtra (5) Andhra Pradesh (6) Madhya Pradesh, and (7) West Bengal 6. The notice to the above seven States shall be served through their standing counsel in the Supreme Court. 7. The advocates-on-record representing the petitioners in the Writ Petitions shall serve upon the standing counsel of the concerned State, a copy of the respective Writ Petition along with documents annexed therewith within five days from today. The advocate-on-record for the petitioners in Writ Petition (Civil) No. 463 of 2012 is also permitted to annex with the copy of Writ Petition, a copy of the written submissions dated 12.09.2013 titled 'Issue of constitutional validity of the allocations'. 8. The advocate-on-record for the Union of India is also directed to supply suitable number of copies of the counter affidavits (counter affidavit, additional counter affidavit and supplementary counter affidavit) filed on behalf of the Union of India to the advocate-on-record for the petitioners in Writ Petition (Civil) No. 463 of 2012 within five days from today so that the counter affidavits may also be served upon the standing counsel of the concerned State along with copy of the Writ Petition(s). 9. Notice is made returnable on October 29, 2013. 10. The standing counsel of each of the above States shall ensure that written response by way of affidavit as indicated above is filed on or before the returnable date. 11. List on October 29, 2013 at 2 P.M. as already fixed. Criminal Miscellaneous Petition No. 4731/2013 in Writ Petition (Criminal) No. 120 of 2012 12. Issue notice on the criminal miscellaneous petition to the Union of India and so also to the newly added seven States returnable on October 29, 2013. Writ Petition (Civil) No. 515 of 2012 and Writ Petition (Civil) No. 283 of 2013 13. List these Writ Petitions along with Writ Petition (Criminal) No. 120 of 2012 and Writ Petition (Civil) No. 463 of 2012 on October 29, 2013.