Coal Block De-allocation: Will Review Petitions Succeed?

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Published on Sat, Oct 04,2014 | 17:56, Updated at Sat, Oct 04 at 17:56Source : CNBC-TV18

On August 25tth the Supreme Court found all coal block allocations made between 1992- 2010 are arbitrary and illegal. On September 24th, in the second part of its decision – the court decided that the consequence of these illegalities is de-allocation or cancellation of all blocks involved. The cancellation is effective March 31st, 2015 – giving the government and government owned Coal India enough time to take over the operation of the blocks. The SC has also imposed a penalty of Rs 295/ mt on all coal extracted so far. Quite obviously, the order is a difficult one to swallow for all the affected companies, more so for the 46 entities who have operationalised the mines or are close to doing so. Some of them such as Nalco & Jayaswal Neco are keen to seek a review of the de-allocation. Others such as JSPL want the penalty amount reviewed. Will any of these review petitions find success? To answer those questions CNBC-TV18's Menaka Doshi speaks to well-known constitutional expert PP Rao & Supreme Court Senior Counsel Gopal Jain.

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