Case: Union of India Vs. Sandur Manganese &amp; Iron Ores Ltd. &amp; Others

both Section 11(2) and Section 11(4) should be applicable to both virgin and previously held areas, the same has been well reasoned in the impugned judgment and the mere fact that different views on the same subject are possible is no ground to review the earlier judgment passed by this Bench. 22) It has been time and again held that the power of review jurisdiction can be exercised for the correction of a mistake and not to substitute a view. In Parsion Devi & Ors. vs. Sumitri Devi & Ors., (1997) 8 SCC 715 , this Court held as under:- “9. Under Order 47 Rule 1 CPC a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record. An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record justifying the court to exercise its power of review under Order 47 Rule I CPC. In exercise of the jurisdiction under Order 47 Rule 1 CPC it is not permissible for an erroneous decision to be "reheard and corrected". A review petition, it must be remembered has a limited purpose and cannot be allowed to be "an appeal in disguise". 23) This Court, on numerous occasions, had deliberated upon the very same issue, arriving at the conclusion that review proceedings are not by way of an appeal and have to be strictly confined to the scope and ambit of Order 47 Rule 1 of CPC. 24) In the present case, the error contemplated in the impugned judgment is not one which is apparent on the face of the record rather the dispute is wholly founded on the point of interpretation and applicability of Section 11(2) and 11(4) of the MMDR Act. In review jurisdiction, mere disagreement with the view of the judgment cannot be the ground for invoking the same. As long as the point is already dealt with and answered, the parties are not entitled to challenge the impugned judgment in the guise that an alternative view is possible under the review jurisdiction. Hence, in review jurisdiction, the court shall interfere only when there is a glaring omission or patent mistake or when a grave error has crept in the impugned judgment, which we fail to notice in the present case. 25) For the above reasons, the second ground for review petition is liable to be rejected. 26) Further, the contention regarding MoU entered into by the State Government and investments made thereunder is concerned, this Court has noticed this fact and rejected the contention made by the respondents in Sandur (supra). It is relevant to point out that the State of Karnataka is stated to have committed to JSW Steels Limited on 11.10.1994 for grant of mining leases but the same has been invoked by JSW Steels after a lapse of 8 years and more precisely, after 5 years of commencing commercial operations in its steel plant by making an application on 24.10.2002. Once an area is notified for re-grant and applications are invited from the mining public for grant of mining lease, the applications must be disposed of in terms of the provisions of the MMDR Act and the MC Rules and not de hors. In para 80 of Sandur Manganese (supra), this Court has held as follows: “80. It is clear that the State Government is purely a delegate of Parliament and a statutory functionary, for the purposes of Section 11(3) of the Act, hence it cannot act in a manner that is inconsistent with the provisions of Section 11(1) of the MMDR Act in the grant of mining leases. Furthermore, Section 2 of the Act clearly states that the regulation of mines and mineral development comes within the purview of the Union Government and not the State Government. As a matter of fact, the respondents have not been able to point out any other provision in the MMDR Act or the MC Rules permitting grant of mining lease based on past commitments. As rightly pointed out, the State Government has no authority under the MMDR Act to make commitments to any person that it will, in future, grant a mining lease in the event that the person makes investment in any project. Assuming that the State Government had made any such commitment, it could not be possible for it to take an inconsistent position and proceed to notify a particular area. Further, having notified the area, the State Government certainly could not thereafter honour an alleged commitment by ousting other applicants even if they are more deserving on the merit criteria as provided in Section 11(3)." Hence, the petitioner cannot be permitted to re-argue the very same point. 27) Regarding the issue of Mineral Policies, this Court has already held in Sandur (supra) that in view of the specific parliamentary declaration as discussed and explained by this Court in various decisions, there is no question of the State having any power to frame a policy de hors the MMDR Act and the MC Rules. 28) In view of the above, the petitioner-Union of India has not invoked any valid ground for exercising the power under review jurisdiction. In addition to the same, after the judgment in Sandur (supra), another coordinate Bench of this Court followed the ratio decidendi in Monnet Ispat and Energy Ltd. vs. Union of India & Ors., 2012 (11) SCC 1. 29) For the aforesaid reasons, we are unable to accept any of the contentions raised by Learned Attorney General, therefore, the review petition is disposed of by deleting the misquoted lines in the Expert Committee Report. 30) In view of the above order and the directions issued by us in para 98 of Sandur (supra), we grant a further period of 4 months from the date of receipt of copy of this order to comply with the same. 31)

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]In the present case, the error contemplated in the impugned judgment is not one which is apparent on the face of the record rather the dispute is wholly founded on the point of interpretation and applicability of Section 11(2) and 11(4) of the MMDR Act. In review jurisdiction, mere disagreement with the view of the judgment cannot be the ground for invoking the same. As long as the point is already dealt with and answered, the parties are not entitled to challenge the impugned judgment in the guise that an alternative view is possible under the review jurisdiction. Hence, in review jurisdiction, the court shall interfere only when there is a glaring omission or patent mistake or when a grave error has crept in the impugned judgment, which we fail to notice in the presentthe issue of Mineral Policies, this Court has already held in Sandur (supra) that in view of the specific parliamentary declaration as discussed and explained by this Court in various decisions, there is no question of the State having any power to frame a policy de hors the MMDR Act and the MCview of the above, the petitioner-Union of India has not invoked any valid ground for exercising the power under review jurisdiction. In addition to the same, after the judgment in Sandur (supra), another coordinate Bench of this Court followed the ratio decidendi in Monnet Ispat and Energy Ltd. vs. Union of India & Ors., 2012 (11) SCCthe aforesaid reasons, we are unable to accept any of the contentions raised by Learned Attorney General, therefore, the review petition is disposed of by deleting the misquoted lines in the Expert Committeeview of the above order and the directions issued by us in para 98 of Sandur (supra), we grant a further period of 4 months from the date of receipt of copy of this order to comply with the same.