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march 1990

Supreme Court of India · 1990-03-16

ASSAM SILLIMANITE LTD. AND ANR. vs UNION OF INDIA AND ORS.

Citation / case number
SC 1978/90311
Court
Supreme Court of India
Petitioner
ASSAM SILLIMANITE LTD. AND ANR.
Respondent
UNION OF INDIA AND ORS.
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court held that the order dated 7th December 1972, which prematurely terminated the mining leases under Section 4A of the Mines and Minerals (Regulation and Development) Act, 1957, was null and void due to violation of natural justice principles, as no opportunity was given to the lessee to be heard. The Court followed the precedent set in State of Haryana v. Ram Kishan & Ors., [1988] 3 SCC 416, emphasizing the necessity of a hearing before termination. The Court ruled that the petitioner was entitled to compensation for the wrongful termination rather than reinstatement in possession of the leased premises.

ASSAM SILLIMANITE LTD. AND ANR. vs UNION OF INDIA AND ORS. · Niyam