VidhiSangh

Supreme Court of India · 26/08/2022

THE STATE OF RAJASTHAN AND ANOTHER versus ULTRATECH CEMENT LTD

[2022] 13 S.C.R. 1 · 2022 INSC 871

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Summary

UltraTech Cement held a letter of intent for limestone mining leases in Jhunjhunu district. The Collector's 2012 approval for allocating government land in the lease area required it to obtain High Court permission for land recorded as 'gair-mumkin johad' (pond). Two Tehsildar inspections, the Collector and the gram panchayat confirmed that no pond, catchment or water source existed there, but the State refused allotment because of the revenue entry. The High Court directed allotment. The Supreme Court dismissed the State's appeal. The State never disputed the inspection reports, and its belatedly produced 2014 letter could not displace them. Abdul Rahman and Jagpal Singh do not bar correcting a wrong revenue entry, and with no pond there was no environmental uncertainty for the precautionary principle to address.

Issues

  1. Whether land recorded as 'gair-mumkin johad' could be allotted for a cement plant and mining lease where official inspections found no pond, catchment area or water source on it
  2. Whether the public trust and precautionary principles, and the decisions in Abdul Rahman and Jagpal Singh, barred such allotment

Provisions considered

Held

Result

Appeal dismissed; the State was directed to process the allotment within four weeks, and the company to file a fresh undertaking with the State on compensatory village-benefit measures within the same period; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 1.