Case Note & Summary
The case involved a review petition filed by Indian Charge Chrome Ltd. against the Union of India concerning the approval of a mining lease for chromite in Orissa. The original civil appeals were decided by the Supreme Court on December 17, 2002, against the Orissa High Court's decision from May 18, 2001. The review petition challenged the approval granted to Nava Bharat Ferro Alloys Ltd. by the Central Government, which was based on a recommendation from the State Government. The review petitioners contended that the approval was flawed due to an unauthorized clarification from the State Government and that there were errors in the previous judgment regarding the consideration of relevant contentions. The court noted that there were indeed errors apparent on the record, specifically the non-consideration of the contention regarding the illegality of the communication dated June 30, 2001, and the lack of opportunity to address the order dated January 14, 1999. The court concluded that these errors could lead to a grave miscarriage of justice, thus admitting the review petitions and recalling the earlier judgment, ordering the civil appeals and transferred case to be reheard.
Headnote
A) Administrative Law - Review of Judgment - Errors Apparent on Record - Supreme Court of India, 2005 - The court identified manifest errors in the previous judgment regarding non-consideration of the contention about the illegality of a communication and absence of opportunity to explain a prior order. The court admitted the review petitions and directed the civil appeals and transferred case to be listed for hearing, recognizing the potential for grave miscarriage of justice (Paras 1-4).
Issue of Consideration
Whether the review petitions deserve to be admitted and the civil appeals and transferred case deserve to be reheard.
Final Decision
The Supreme Court admitted the review petitions, identified errors apparent on the record, and recalled the judgment dated December 17, 2002, directing that the civil appeals and transferred case be listed for hearing.
Law Points
- Review of judgment
- Errors apparent on record
- Mining lease approval
- Non-consideration of contentions
- Authority of State Government
