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2016 (8) TMI 1544 - HC - Indian LawsScope of SCN - Direction by State Government, for payment of a certain amount for alleged breach of conditions of the mining lease - allegation of certain illegal mining having been carried on - communication notice construed as not to be SCN, as there was no opportunity of being heard - HELD THAT:- Natural justice is an important concept in an administrative law. It is also known as substantial justice, divine justice, fundamental justice, universal justice, rational justice and fair play in action. The rules of natural justice have been summarised in one word i.e. fairness. Natural justice is a great humanising principle intended to invest law with fairness to secure justice and to prevent miscarriage of justice. In Automotive Tyre Manufacturers Assn. V. Designated Authority, [2011 (1) TMI 7 - SUPREME COURT], the Apex Court held that the golden rule which stands firmly established is that the doctrine of natural justice is not only to secure justice but to prevent miscarriage of justice. Its essence is good conscience in a given situation; nothing more- but nothing less. It is well settled that where exercise of power results in civil consequences, unless the statute specifically rules out, the principle of natural justice would apply. Since the order dated 25.11.2010 was challenged on merits and records of the case were placed before the Revisional Authority, there was nothing wrong on the part of the Revisional Authority to decide the same on merits, and thereafter quash the proceeding after affording opportunity of hearing to the parties - Petition dismissed.
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