STATE OF JHARKHAND Vs. UNION OF INDIA
LAWS(JHAR)-2007-9-42
HIGH COURT OF JHARKHAND
Decided on September 25,2007

STATE OF JHARKHAND Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

NARENDRA NATH TIWARI, J. - (1.) ALL the above interlocutory applications have been filed in the midst of the hearing of the above -mentioned writ "petitions with the same prayer based on similar facts. Parties are also common and as such with the consent of the parties, these applications have been heard together and are being disposed of by this common order.
(2.) M /s. Steel Authority of India Ltd. (SAIL) -4th Respondent in the said writ petitions is the applicant in all the interlocutory applications. The applicant has raised objection regarding maintainability of the writ petitions on the ground that clearance for filing these petitions has not been obtained from the Committee, to be constituted in view of the decision of Honble Supreme Court in Oil and Natural Gas Corporation Ltd. v. City and Industrial Development Corporation, Maharashtra and Ors. -Civil Appeal No. 3143 of 2007. The writ petitions have been filed by the State of Jharkhand challenging the legality/validity of the final orders of the Mines Tribunal passed in the revision application filed by the Indian Iron and Steel Company (IISCO) - 2nd Respondent, whereby the State Government has been directed to consider the applications for renewal of mining leases relating to iron ore and manganese ore in different villages of West Singhbhum district of Jharkhand, which were earlier rejected by the; State, Government.
(3.) IT has been contended on behalf of the 4th Respondent -applicant that the parties to these writ petitions happen to be Central Government, State Government and Public Sector Undertakings. In a dispute between the Union of India, State Government, Public Sector Undertakings and different departments of the Government, the same has to be first referred to a Committee to sort out the differences in view of the judgment of the Supreme Court in Oil and Natural Gas Corporation Ltd. (Supra). Invoking writ jurisdiction without the clearance of Committee is against the basic concept of law and is impermissible.;


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