V Rajlal Manilal & Co. Vs. Union of
India & ANR  INSC 67 (10 March 1964)
10/03/1964 AYYANGAR, N. RAJAGOPALA AYYANGAR,
N. RAJAGOPALA AJENDRAGADKAR, P.B. (CJ) WANCHOO, K.N.
CITATION: 1964 AIR 1643 1964 SCR (7) 97
CITATOR INFO :
D 1987 SC1802 (29)
Mines and Minerals-State Government refuses
to renew Certificate of approval-Review petition to Central Government -Central
Government receives report and information from the State Government behind the
back of the appellants-Central Government acting quasi-judicially- Violation of
natural justice -Mines and Minerals (Regulation and Development) Act, 1948 (No.
XLIII of 1948)-Mines Concession Rules, 1949 rr. 57, 59.
The appellants constitute a partnership
engaged in mining and they held a prospecting license as well as a certificate
of approval from the State Government under the Mineral Concessions Rules, 1949
framed under the Mines and Minerals (Regulation and Development) Act, 1948. The
approval certificate was granted for one year and until December 1955 it had
been renewed from year to year when the State Government refused to renew it on
the ground that the partners composing the firm had changed. Thereupon the
appellants applied under r. 57 of the Minerals Concession Rules to the Union
Government for the review of the order of the State Government refusing to
renew the certificate of approval. While this application Was pending the Union
Government corresponded with the State Government and gathered information and
received the latter's remarks -regarding the merits of the matter behind the
appellants' back. The request made by the appellants for copies of the
correspondence and for an opportunity to be heard was refused by the Union
Government. Ultimately the Union Government refused the review application on
the ground that there was no valid ground to interfere with the decision of the
State Government. The present appeal was filed on special leave granted by this
'Court. On behalf of the appellants it was contended that the Union Government
while disposing of an application under r. 57(2) in terms of r. 59 acts as a
quasi-judicial authority and the ,order which was passed taking into
consideration the report of the State Government behind the appellants' back and
without affording a reasonable opportunity for presenting their case was
contrary to natural justice and was therefore void.
Held:(i) The Union Government when disposing
of an ap- plication for review under r. 59 is functioning as a quasi- judicial
Shivji Nathubhai v. Union of India, 
S.C.R. 775, relied ,on.
(ii)Though Shivji Nathubhai's case was
concerned with a case where an order had been passed prejudicial to the respon-
dents before the Central Government without affording them L/P(D)1 SCI-4..
98 an opportunity to meet the case of an
applicant for review the same principle would apply even where a petition for
review is rejected based on materials which were not made available to the
applicant for review.
(iii) Applying the above principle to the
present case the order of the Central Government is vitiated as being contrary
to the principles of natural justice in that the decision was rendered without
affording to the appellants a reasonable opportunity of being heard which is a
sine qua non of a fair hearing.
CIVIL APPELLATE JURISDICTION: Civil Appeals
Nos. 11 5 & 116 of 1963. Appeals by special leave from the judgment and
orders dated July 9, 1958, September 24, 1958 of the Union of India (Ministry
of Steel, Mines and Fuel, New Delhi) and the Punjab High Court (Circuit Bench)
at Delhi respectively.
G.S. Pathak, Rameshwar Nath and S. N. Andley,
appellant (in both the appeals).
S. G. Patwardhan and B. R. K. G. Achar, for
respondent No. 1 (in both the appeals).
I. N. Shroff, for respondent No. 2 (in C.A.
March 10, 1964. The Judgment of the Court was
delivered by AYYANGAR, J.-Civil Appeal No. 115 is by special leave granted by
this Court under Art. 136 of the Constitution and is against an order of the Union
of India (Ministry of Steel, Mines and Fuel) dated July 9, 1958 rejecting an
application filed by the appellants under rule 57 of the Mineral Concession
Rules, 1949 to review an order passed by the Government of Madhya Pradesh
rejecting their application for the renewal of the Certificate of Approval
granted to them. The appellants filed a petition to the High Court Punjab under
Art. 226 of the Constitution praying for a writ of certiorari to quash the
above order of the Union of India. This petition was dismissed by the High
Court in limine and Civil Appeal No. 116 of 1963 is by special leave of this
Court against this order of the High Court, Punjab.
It would thus be seen that both the appeals
are directed to challenge the validity of the same order and we shall therefore
deal with them together.
The appellants, who constitute a partnership,
are engaged inter alia in the business of mining and they held a prospecting
licence in the State of Madhya Pradesh. They hold concessions in regard to
prospecting and working minerals in several areas of the State to the details
of which it is not necessary to refer. Under the scheme of the Mines and
Minerals (Regulation and Development) Act, 1948 (Act No. XLIII of 1948) and the
Mineral Concession Rules, 1949 framed thereunder, in order that a prospecting
licence may be granted to a person he has 99 to hold a certificate of approval
from the State Government concerned and similarly the rules provide that no
mining lease shall be granted to any person unless he held a similar
certificate of approval. To enable them to do the prospecting in lands in which
they had obtained mineral concessions, the appellants applied for and obtained
from the Government of Madhya Pradesh a certificate of approval under the
Mineral Concession Rules from 1952 onwards. The duration of the certificate is
one calendar year and the same has to be renewed every year, if it is to be in
The original certificate granted to the
appellants for the year 1952 was being renewed from year to year and as a
result they held a valid certificate of approval up to the period ending on
December 31, 1955. Being desirous of having the same renewed for the following
calendar year 1956 they made an application to the Government of Madhya Pradesh
on November 22, 1955. The information required by the form of application
prescribed by the rules was furnished and the necessary documents were filed
and this application was recommended by the District Officer, Bhandara. The
State Government, however, by an order dated September 21, 1956 rejected the
application, the reason given being that the partners composing the firm had
changed. This order was communicated to the appellants on October 6, 1956 and
thereupon the appellants made an application on November 15, 1956 to the Union
Government for a review of the order of the State Government under rule 57 of
the Mineral Concession Rules. Rule 57(2) which was invoked by the appellants
"Where a State Government has failed to
dispose of an application for grant of renewal of a certificate of approval or
prospecting licence or a mining lease within the period prescribed therefor in
these Rules, such failure shall, for the purpose of these rules, be deemed to
be a refusal to grant or renew such certificate, licence or lease, as the case
may be, and any person aggrieved by such failure may, within two months of the
expiry of the period aforesaid, apply to the Central Government for reviewing
the case." The procedure for review is laid down by rule 59 which ,reads:
,,Review-Upon receipt of such application,
the Central Government may, if it thinks fit, call for the relevant records and
other information from the State Government, and after considering any
explanation that may be offered by the State Government cancel or revise the
order of the State Government, or pass such order as the Central Government may
deem just and proper." L/P(D)1SCI---4(a) 100 Thereafter correspondence
seems to have ensued between the Central Government and the Government of
Madhya Pradesh in regard to the propriety of granting the application for
review. The appellants having come to know from a letter addressed to them by
the Government of India that the State Government had been required to send a
report of their remarks in connection with their application for review made
enquiries as to what had happened and also requested that they might be
informed as to the progress of their application and that they might be given
an opportunity of a personal hearing at which they would be able to satisfy the
Government about the genuineness of their case. Some portions of this
correspondence between the Government of India. and the Government of the State
as to the merits of the appellants' application are now on record but it is
common ground that the appellants were not informed of these documents prior to
the order now impugned rejecting the application for review was passed. On July
9, 1958 the application of the appellants was rejected by the Union Government,
the order stating:
"The Central Government have come to the
conclusion that there is no valid ground for interfering with the decision of
the Government of Madhya Pradesh rejecting your application for renewal of a
certificate of approval for the year 1956." The appellants thereafter applied
to the Government of India requesting for a copy of the report of the State
Government on the basis of which the application was rejected. The reply that
the appellants received was that the Government of India regretted their
inability to accede to their request. It is the validity of this order dated
July 9, 1958 that is challenged in appeal No. 115 of 1963.
Mr. Pathak, learned Counsel for the
appellants, submitted that the Union Government when disposing of an
application under s. 57(2) in terms of rule 59 is acting as a quasi- judicial
authority and the order which was passed taking into consideration the report
of the State Government and without their knowing the contents of the report
and without affording them a reasonable opportunity of presenting their case
was contrary to natural justice and was therefore void.
In this connection learned Counsel relied on
the decision of this Court: Shivji Nathubhai v. The Union of India(1). Mr. Pathak
is well-founded in his submission as to the nature of the jurisdiction
exercised by the Union Government when disposing of an application for review
under Rule 59 and the decision referred to does (1)  2 S.C.R. 775.
101 support him that the Central Government
acting under the rule referred to is functioning as a quasi-judicial authority.
It does follow therefore that they could not act on the basis of material as
regards which the appellants had no opportunity to make their representation.
No doubt, the decision in Shivji Nathubhai v The Union of India and Ors.(1) was
concerned with a case where an order had been passed prejudicial to the
respondents before the Central Government without affording them an opportunity
to meet the case of an applicant for review but the same principle would, in
our opinion, apply even where a petition for review is rejected based on
materials which were not made available to the applicant for review.
As we have already indicated, the State
Government had refused renewal of the certificate of approval because they
considered that there had been a change in the composition of the firm which
destroyed its identity. On the other hand, the case of the appellants was that
the terms of the partnership deed made express provisions for the continuance
of the identity of the firm, notwithstanding changes in the persons composing
the firm by death, retirement or because of the accession of new members to
replace deceased or retiring partners or even otherwise. If the report of the
State Government made any points against the representations made by the
appellants, and these were being taken into consideration by the Union
Government, in common fairness, the appellants were entitled to be informed as
to what these were and an opportunity to point out how far they militated
against the contentions raised by them.
Learned Counsel for the respondent-Union of
India, did not seek to support the position taken by the Central Government
that they were justified in refusing to disclose the con- tents of the report
they obtained from the State Government which afforded them the factual basis
on which they rejected the application for review. We have therefore no
hesitation in holding that the order of the Central Government now under appeal
is vitiated as being contrary to the principles of natural justice, in that the
decision was rendered without affording to the appellants a reasonable
opportunity of being heard which is a sine qua non of a fair hearing.
The learned Judges of the Punjab High Court
dismissed the petition filed before them under Art. 226, apparently be- cause
they proceeded on the view that the exercise of jurisdiction of the Central
Government under rules 57 and 59 of the Mineral Concession Rules was really
administrative in character so that the reasonable opportunity that is an essential
requisite of quasi-judicial procedure was not attracted to the (1) 1960 2
102 case. That was the view taken by that
Court in the Shivji Nathubhai v. The Union of India and Ors.(1) which decision
was reversed by this Court. It might be mentioned that the decision of this
Court was rendered subsequent to their judgment now under appeal and therefore
the learned Judges had not the advantage of the pronouncement of this Court.
The result is that the appeals are allowed
and order of the Central Government dated July 9, 1958 and of the High Court
dated September 24, 1958 are set aside. The Central Govern- ment will consider
the review application afresh and dispose of the same in accordance with law
and in the light of the observations contained in this judgment. The appellants
are entitled to their costs in this Court (Hearing fee one set).
(1)  2 S.C.R. 775.