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2012 Supreme(SC) 2624
SUPREME COURT OF INDIA
S.H. Kapadia, CJI., D.K. Jain, J.S. Khehar, Dipak Misra, Ranjan Gogoi, JJ.
In re : Natural Resources Allocation, In Re Special Reference No. 1 or 2012 - Petitioner
Special Reference No. 1 of 2012 Under Article 143(1) of the Constitution of India.
Decided On : 11-5-2012
The court established procedural timelines and notification requirements for the service of notices and filing of pleadings in a Presidential Reference made under Article 143(1) of the Constitution regarding the allocation of natural resources.
Headnote:(A) Constitution of India - Article 143(1) - Presidential Reference - Natural Resources Allocation - Procedural directions for issuance of notices and scheduling of hearings - Notices to be issued to state governments, original petitioners, and industry representatives within two weeks via multiple modes of service - Vakalatnama to be filed within one week of service - Statements of fact and arguments to be filed within three weeks from the date of service of notice - Hearing scheduled to commence from 10-7-2012.
Facts of the case:
A reference was made under the relevant constitutional provision regarding the allocation of natural resources. The court issued an order to regulate the procedure for notifying all interested parties, including state governments and industry representatives, and to establish a timeline for the filing of pleadings before the commencement of the hearing.
Findings of Court:
The court directed that notices be served expeditiously through various channels, including electronic means, and mandated the submission of vakalatnamas and statements of arguments within specific timeframes to ensure the organized commencement of the hearing.
Issues: The primary issue was the determination of the procedural timeline and the identification of parties to be served notice for the hearing of the reference.
Ratio Decidendi: As the order is procedural in nature, it focuses on the administrative requirements of a reference under the Constitution to ensure a fair and organized hearing by allowing all necessary parties to enter appearance and file their submissions.
Result: Directions issued.
Legal Category Hierarchy
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practice and procedure
- service of process
-
filing of documents
- vakalatnama
- statements of fact and arguments
- hearing
ORDER :
S.H. Kapadia, CJI., - Upon hearing Mr Goolam E. Vahanvati, learned Attorney General for India, we hereby give the following directions:
1.1. Notice of the reference shall be issued to all the States through their Standing Counsel; on Centre for Public Interest Litigation (CPIL) and Dr Subramanian Swamy, original petitioners leading to the judgment dated 2-2-2012; Centre for Public Interest Litigation v. Union of India, (2012) 3 SCC 1 as also on the Federation of Indian Chambers and Commerce and Industry (FICCI) and the Confederation of Indian Industry (CII) representing the industry. Notice shall be served within a period of two weeks, by ordinary process as also by dasti, email, fax or courier or even through a messenger of the Union of India.
1.2. Within one week of the service of notice, vakalatnama shall be filed on behalf of the above parties seeking to appear in this matter.
1.3. Statements of fact and arguments shall be filed by the parties within three weeks from the date of service of notice. After such statements are filed, the parties shall supply 30 copies thereof to the Union of India for being served on all the other parties, who have entered appearance.
1.4. Hearing of the reference shall commence from 10-7-2012.
Order accordingly.
