ORDER :

DHANANJAYA Y. CHANDRACHUD, CJI.

A. Background

1. In Mineral Area Development Authority v. Steel Authority of India, Civil Appeal Nos. 4056-4064 of 1999; 2024 INSC 554 (“MADA”) the nine-Judge Bench of this Court answered the questions referred in terms of the conclusions arrived at by the majority. In the process, the judgment overruled India Cement Ltd. v. State of Tamil Nadu, (1990) 1 SCC 12 and subsequent decisions of this Court which relied on it. After the pronouncement of the judgment, counsel for the assesses submitted that the judgment may be given prospective effect. Therefore, the proceedings were listed for hearing submissions on whether or not the judgment should be given prospective effect.

B. Submissions

2. Mr. R. Venkataramani, Attorney-General for India, Mr. Tushar Mehta, Solicitor- General of India, Mr. Harish Salve, Mr. Abhishek Manu Singhvi, Mr. Mukul Rohatgi, and Mr. Arvind Datar, senior counsel, made the following submissions:

a. India Cement (supra) held the field for thirty