An Insight Into The Coal Scam Verdict
The allocation of coal blocks for the period 1993 to 2010 is the subject matter of this group of writ petitions filed in the nature of Public Interest Litigation, principally one by Manohar Lal Sharma and the other by the Common Cause.
Non-compliance of the mandatory legal procedure under the Mines and Minerals (Development and Regulation) Act, 1957 (for short, ‘1957 Act’).
Breach of Section 3(3)(a)(iii) of the Coal Mines (Nationalisation) Act, 1973 (for short, ‘CMN Act’).
Violation of the principle of Trusteeship of natural resources by gifting away precious resources as largesse.
Arbitrariness, lack of transparency, lack of objectivity and non-application of mind; and Allotment tainted with mala fides and corruption and made in favour of ineligible companies tainted with mala fides and corruption.
The first of these writ petitions was filed by Manohar Lal Sharma. When that writ petition was listed for preliminary hearing on 14.09.2012, the Hon’ble Court issued notice to Union of India and directed it to file counter affidavit through Secretary, Ministry of Coal dealing with the following aspects:
The details of guidelines framed by the Central Government for allocation of subject coal blocks.
The process adopted for allocation of subject coal blocks.
Whether the guidelines contain inbuilt mechanism to ensure that allocation does not lead to distribution of largesse unfairly in the hands of few private companies?
Whether the guidelines were strictly followed and whether by allocation of the subject coal blocks, the objectives of the policy have been realized?
What were the reasons for not following the policy of competitive bidding adopted by the Government of India way back in 2004 for allocation of coal blocks?
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