Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the cancellation of the mining lease and the revisional order required interference for want of natural justice, and whether the matter should be remitted for fresh consideration after notice and hearing.
Analysis: The lease was terminated under the mining law framework after show-cause proceedings and subsequent inspections. The record indicated that the factual material relied upon in the cancellation and revisional orders had not been fully supplied to the affected parties and that they were not given adequate opportunity to meet those materials. Instead of finally restoring the lease, the proper course was to secure compliance with natural justice by requiring a fresh notice containing the factual basis of the proposed action, together with copies of the relied-upon documents, and then to permit objections and hearing before the revisional authority. The matter also required consideration of the rival claim of the intervening lessee and of the question whether the alleged breaches were attributable to the original lessee or another person.
Conclusion: The matter was remitted to the Central Government for fresh notice, hearing, and a reasoned decision, with interim status quo maintained.
Final Conclusion: The judgment did not finally determine the validity of the lease cancellation on merits and instead reopened the controversy for fresh adjudication in accordance with natural justice.
Ratio Decidendi: Where an administrative order affecting rights is founded on factual material not properly disclosed or put to the affected party, the order should be set aside and the matter remitted for fresh decision after full notice and hearing.