Author: R. Abinaya, Chennai Dr. Ambedkar Govt. Law College, Pudupakkam
TO THE POINT :
The primary landmark judgement of India coal allegation scam or coalgate scam ,the landmark case of Manohar Lal Sharma v. the principal secretary and Ors ,scam of coalgate scam was held between 1993 to 2011 , the coal block was an public sector , undertaking can take over the control of coal block from 44 coal block without effecting the rights of the employee, the CIL takes time to take over but even 44 coal block was cancelled the central government can ensure the coal production
Will not stop. The coal block should directed to pay Rs.295/- per metric ton of coal from date extraction per report of CAG is dealing with financial loss due to the exchequer illegal and arbitrary allotment. To protected the natural resource the loss created due to illegal and arbitrary allotment,so the bench emphasized that the breach of trust of citizen to protect the natural resource.so 218 coal block allegation and declare as illegal and arbitrary ,so the court cancelled the 204 out 218 block of coal and compensation for extracted of coal and brought up coal mines act provision 2015.
USE OF LEGAL JARGON :
The Indian coal mine case has involved several legal jargon can be discussed , firstly (a) Non compliance of the mandatory legal procedure under the mines and minerals ( development and regulation act 1957) for short ,1957 act )
(b) breach of section 3(3)(a)(iii) of the coal mines ( Nationalization) Act,1973 for short CMA act
(c) violation of the principal of natural of trusteeship of natural resources by gifiting away precious resources resources as largesse
(d) Arbitrariness lack of transparency, lack of objective and non application mind ; and
(e) Allotment tainted with malafide and corruption .
The proof
The evidence generated in Indian coal allegation scam case was the review of allocation of coal block so 39 block allotted from June 2004 and 142 block from July 2004 but the allocation process was lack of transparency and competition so the coal should alloted through binding not in adminstrative process
The CBI reports was submitted against the coal allegation scam that the allocation of coal block was not done in proper procedure and they found that mismanagement between state and central government even though some records were tampered . the corruption, cheating and consipracy as been done through out the procedure
The central vigilance commission report deals with the tamperming with allocation process and they found that 2G spectrum allocation process were tempered. The ineligible person is benefited from this scam , failure mandatory procedure.
Criminal misconduct were done under sec13(1)(d) of prevention corruption act, so giving an pecuniary advantage to non verified person,without verfication the block were allocated. Last filing false document to overs over standing financial capacity as well as hiding coal allegation
ABSTRUCT
The impact created in coal block allocation scam 2014 was the supreme court quashed all coal block allegation made between 1993 to 2010, the 214 blocks were canceled so the Indian finance created huge loss in the energy sector and so far the companies invested in coal block so the policy governance impact was New coal allocation system was framed which the coal mine act ( special provision ) 2015,from such act the 214 coal block was came for auction and invested 1.9lakh core. The Mineral concession rule 2016 was designed to operational the mines and minerals.
The natural resource allocation principle was framed to protect the natural resources as well the allocation of resources.
CASE LASW:
The Manor Lal Sharma coal allegation scam was created various judicial proceeding so the key case law include ;
1. Mahuagrhi coal block case : A Delhi special CBI court found that M/S jas infrastructure capital pvt Ltd was guilty of criminal conspiracy,they have misrepresented and concealed facts in application to agin coal block .
2. Bander coal block (2026) : the former Rajya sabbath MP son devendra darda was an business man was manipulation the allocation coal block and misleading the disclosure so he four year prison sentence.
CONCLUSION:
The coal allegation scam in India create an massive impact which cause huge loss in Indian financial system due to cancellation of 204 out of 218 coal block cause great loss in energy and power sector and the investor who invested in coal block. This case created pivotal to protect the natural resource and to frame an regulation for allocation of natural resources. This case created vairous legal frame work in India such The coal mine (special provision act 2015) was created to strength the procedure for allocation resources in coal block. The mineral concession rule 2016 was framed to protect and use of natural resources. Last natural principle wascreated to protected natural resources. But still the India faces several scam case without proper investigation the accused were escaped from law,so the India has frame strong legislation that should be in bona fide as well as without intervention of politics
FAQS
1. What are the impact created in coal allegation scam case?
The impact created such case was strengthing the framework for the allocation of coal block and have brought an rule for private sector to generate coal block in auction. The second part is to Natural resources as well as allocation of the resources.
2. Whether legislation brought by the government is effective?
The legislation framework brought by the government is not effective because there is still the corrupted administrate system,so has create proper gudelines for allocation of coal block,still now the several case filed but due lack of evidence the case dismissed so it is duty of government to protect the natural resources .
