Will #Coalgate PIL succeed in SC? What are the main hurdles ?

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Popular expectations are high. People want Supreme Court to quash entire Coal blocks allotments.

I will be glad if Supreme Court cancels all allotments of coal blocks.

But to do so:

1) Supreme Court will have to hear each and every allottee of coal blocks. This will become a clumsy petition.

2) Some allotment has become final and approved at High Court level. These High Court judgements cannot be cancelled in PIL. Separate SLP need to be filed for such purpose.

3) Supreme Court will act if it will find that Govt is Doing Nothing. But if Govt has initiated process, to cancel those allotments, Supreme Court will not like to hijack this process.

4) Procedure of setting a Screening Committee itself is faulty. If this is challenged, then only Supreme Court can cancel all allotments done by Screening Committee.

5) Problems of equity will arise. What to do about genuine cases where millions of rupees of bank and people are invested?

6) What will be benefits and losses to people if the whole process is cancelled? For how many years limitations? What if allotment is done more than three years ago or 9 years ago? How far court can go?

Haresh Raichura

14/9/2012

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