TMI Blog2018 (4) TMI 1859X X X X Extracts X X X X X X X X Extracts X X X X ..... the writ petition, it has been stated in paragraph 20 of the second counter affidavit dated 11.11.2016 filed on behalf of the respondents that after cancellation of the lease in question, the respondent No. 4 communicated the same through letter contained in memo No. 734 dated 27.4.2016. The said statement cannot be read as if a copy of the order passed by the respondent No. 2 dated 26.4.2016 was in fact communicated to the petitioner. Even the impugned letter dated 27.4.2016 issued by the respondent No. 4 does not disclose any consideration of the reply submitted by the petitioner in response to the notice dated 12.1.2016 issued by the said respondent - It is well settled that if any decision is taken by any administration/quasi-judicial authority against a person adversely affecting his/her rights, the observance of principles of natural justice is not mere a formality. The objection/reply submitted by the person concerned in pursuance of the notice issued by the authorities is to be properly considered/appreciated so as to reach a logical conclusion in the decision making process. The impugned letter dated 27.4.2016 only discloses that since the leased land, falls under the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 003 issued by the Divisional Forest Officer, West Forest Division, Hazaribagh (respondent No. 5) wherein it was clearly stated inter alia that the leased land of the petitioner is not a forest land. However, vide letter contained in memo No. 73 dated 12.1.2016 (Annexure-3 to the writ petition), the petitioner was issued notice informing inter alia that as per the Divisional Records, the leased land of the petitioner falls under the notified forest and pursuant to the said notice, hearing was fixed before the court of respondent No. 2 on 20.1.2016 at 11.00 a.m. The petitioner appeared, but no proceeding was taken up on the said date by the respondent No. 2. Thereafter, another notice was issued to the petitioner as contained in memo No. 334 dated 5.3.2016 calling upon to obtain 'No Objection Certificate' from the Forest Department within 20 days failing which, appropriate action for cancellation of mining lease for the remaining period would be taken. The said letter dated 5.3.2016 though referred memo No. 433 dated 21.1.2016 issued by the Divisional Forest Officer, West Forest Division, Hazaribagh, yet the same was never supplied to the petitioner which was brought on recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7, vide notification dated 2.1.1953, immediate steps were taken for stopping the mining activities and for terminating the mining lease of the petitioner for the remaining period. It has also been averred in the counter affidavit filed on behalf of the respondent No. 3 that pursuant to issuance of notice dated 12.1.2016, the petitioner did not appear before the respondent authorities. 4. Heard the learned counsel for the parties and perused the materials available on record. The petitioner has primarily challenged the action of the respondents including the impugned letter/order contained in memo No. 734 dated 27.4.2016 on the ground of non-observance of principles of natural justice. The petitioner appears to have filed its objection before the respondent No. 4 in response to the notice as contained in memo No. 73 dated 4 12.1.2016 on factual as well as the legal grounds. On perusal of the impugned letter dated 27.4.2016, it appears that the respondent No. 4 while referring the order passed by the respondent No. 2 informed inter alia that the mining lease of the petitioner has been cancelled with immediate effect. The specific case of the petitioner is that purported decision t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f) Reasons have virtually become as indispensable a component of a decision-making process as observing principles of natural justice by judicial, quasi-judicial and even by administrative bodies. (g) Reasons facilitate the process of judicial review by superior courts. (h) The ongoing judicial trend in all countries committed to rule of law and constitutional governance is in favour of reasoned decisions based on relevant facts. This is virtually the lifeblood of judicial decision making justifying the principle that reason is the soul of justice. (i) Judicial or even quasi-judicial opinions these days can be as different as the judges and authorities who deliver them. All these decisions serve one common purpose which is to demonstrate by reason that the relevant factors have been objectively considered. This is important for sustaining the litigants' faith in the justice delivery system. (j) Insistence on reason is a requirement for both judicial accountability and transparency. (k) If a judge or a quasi-judicial authority is not candid enough about his/her decision-making process then it is impossible to know whether the person deciding is faithful to the doc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he administrative action of the State and its authorities. It is, thus, clear that before taking an action, service of notice and giving of hearing to the noticee is required. In Maharashtra State Financial Corpn. vs. Suvarna Board Mills, this aspect was explained in the following manner: (SCC p. 568, para 3) 3. It has been contended before us by the learned counsel for the appellant that principles of natural justice were satisfied before taking action under Section 29, assuming that it was necessary to do so. Let it be seen whether it was so. It is well settled that natural justice cannot be placed in a straitjacket; its rules are not embodied and they do vary from case to case and from one fact-situation to another. All that has to be seen is that no adverse civil consequences are allowed to ensue before one is put on notice that the consequence would follow if he would not take care of the lapse, because of which the action as made known is contemplated. No particular form of notice is the demand of law. All will depend on facts and circumstances of the case. 36. In East India Commercial Co. Ltd. vs. Collector of Customs, this Court held that whether the statute provide ..... X X X X Extracts X X X X X X X X Extracts X X X X
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