JUDGEMENT
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(1.)A founder father, late Dhirubhai Ambani set up the
Reliance Industries Limited (RIL) some time in the year
1973, who ventured along with the time, into oil, gas,
refining and exploration apart from other textile, yarn,
polyester, petrochemicals and communication business and
later stages of life, with two sons-Mr.Mukesh and
Mr.Anil Ambani. All are aware of these facts and
figures specially the shareholders of the respective
companies at all material times.
(2.)Some time in the year 1999, the Government announced
a New Exploration and Licensing Policy, 1999 (NELP) .
This policy, for the first time, provided that various
petroleum blocks could be awarded for exploration,
development and production of petroleum and gas to
private entities.
(3.)By virtue of Article 297 of the Constitution of
India, the Petroleum in its natural state in the
territory waters and the continental shelf of India is
vested in the Union of India (The Government). The Oil
Fields (Regulation and Development) Act, 1948 and the
Petroleum and Natural Gas Rules, 1959, make provisions,
interalia, for the regulation of petroleum operation and
grant of licence and leases for exploration, development
and production of petroleum in India,. The Territory
waters, continental shelf, exclusive of Economic Zone
and other Maritime Zone Act, 1976 (Maritime Zone Act)
provides for the grant of a licence or Letter of
Authority by the Government to explore and exploit the
resources of the Continental Shelf and Exclusive
Economic Zone and any Petroleum operation.
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