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Vedanta Ltd. vs Goa Foundation

Supreme Court9 July 2021M R Shah · Dhananjaya Y Chandrachud

Ratio decidendi

The rule this decision rests on

The application for review of a judgment must be filed within thirty days of the date of the judgment or order sought to be reviewed in accordance with Rule 2 of Order XLVII of the Supreme Court Rules, 2013; applications filed substantially beyond this period (20 to 26 months after the judgment) without cogent grounds for delay are liable to be dismissed on the ground of limitation alone. A review petition filed deliberately after the retirement of the judges who constituted the bench that delivered the original judgment, in order to circumvent the decision-making process, constitutes an abuse of the review jurisdiction and will be disapproved to preserve the institutional sanctity of the decision-making of the Court.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1

Reportable

IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION

Review Petition (Civil) Diary No. 18447 of 2020 in Special Leave Petition (Civil) No. 32138 of 2015

Vedanta Ltd. (Formerly known as M/s Sesa Sterlite Ltd.) .... Petitioner

Versus

The Goa Foundation & Ors. .... Respondents

With

Review Petition (Civil) Diary No. 41515 of 2019 in Special Leave Petition (Civil) No. 32138 of 2015

The State of Goa and Anr. .... Petitioners

Versus

The Goa Foundation & Ors. .... Respondents

With

Review Petition (Civil) Diary No. 41517 of 2019 in Writ Petition (Civil) No. 720 of 2015

The State of Goa .... Petitioner Signature Not Verified

Digitally signed by Sanjay Kumar

Versus Date: 2021.07.20 09:21:12 IST Reason:

Sudip N Tamankar & Ors. .... Respondents 2

With

Review Petition (Civil) Diary No. 41543 of 2019 in Special Leave Petition (Civil) No. 32699-32727 of 2015

The State of Goa & Anr. .... Petitioners

Versus

Rama Ladu Velip & Ors. .... Respondents

With

Review Petition (Civil) Diary No. 41545 of 2019 in Writ Petition (Civil) No. 711 of 2015

The State of Goa .... Petitioner

Versus

Goa Foundation & Ors. .... Respondents

With

Review Petition (Civil) Diary No. 18430 of 2020 in Special Leave Petition (Civil) No. 32707 of 2015 (@ SLP(C) Nos. 32699-32727 of 2015)

Vedanta Ltd. (Formerly known as M/s Sesa Sterlite Ltd.) .... Petitioner

Versus

Rama Ladu Velip & Ors. .... Respondents 3

With

Review Petition (Civil) Diary No. 18435 of 2020 in Writ Petition (Civil) No. 711 of 2015

Vedanta Ltd. (Formerly known as Sesa Goa Ltd.) .... Petitioner

Versus

Goa Foundation .... Respondent

With

Review Petition (Civil) Diary No. 18438 of 2020 in Writ Petition (Civil) No. 720 of 2015

Vedanta Ltd. (Formerly known as Sesa Goa Ltd.) .... Petitioner

Versus

Mr Sudip N Tamankar & Ors. .... Respondents

JUDGMENT

Dr Dhananjaya Y Chandrachud, J

1 The review petitions have been preferred by the State of Goa (Diary No

41515 of 2019 and Diary No 41517 of 2019, both with a delay of 650 days and

Diary No 41453 of 2019 and Diary No 41545 of 2019, both with a delay of 651 4

days) and by Vedanta Limited (formerly known as M/s Sesa Sterlite Limited) (Diary

No 18430 of 2020, Diary No 18435 of 2020, Diary No 18438 of 2020 and Diary No

18447 of 2020, all four with a delay of 907 days) against the judgement of a two-

judge bench of this Court in Goa Foundation vs Sesa Sterlite Limited & Ors.1,

pronounced on 7 February 2018.

2 In accordance with Rule 2 of Order XLVII of the Supreme Court Rules, 2013,

an application for review of a judgement has to be filed within thirty days of the date

of the judgement or order that is sought to be reviewed. No cogent grounds have

been furnished for the delay between 20 and 26 months by the two parties in filing

their applications for review. The judges comprising the two-judge bench in Goa

Foundation II, Justices Madan B Lokur and Deepak Gupta, retired from this Court

on 30 December 2018 and 6 May 2020, respectively. The State of Goa preferred

its four review petitions in the month of November 2019, after Justice Madan B

Lokur’s retirement, while Vedanta Limited preferred its four review petitions in the

month of August 2020, right after Justice Deepak Gupta’s retirement. Such

practise must be firmly disapproved to preserve the institutional sanctity of the

decision making of this Court. The review petitioners were aware of the decision

of this Court.

3 Keeping in mind the above, we are inclined to dismiss these review petitions

on the ground of limitation alone. However, in any event, we also find that no

1 (2018) 4 SCC 218, hereinafter referred to as “Goa Foundation II” 5

legitimate grounds for review of the judgment in Goa Foundation II have been

made out, and dismiss these review petitions on merits as well.

4 Pending application(s), if any, are disposed of.

.………….…………………...........................J. [Dr Dhananjaya Y Chandrachud]

.………….…………………...........................J. [M R Shah]

New Delhi;

July 09, 2021

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