Indian Kanoon - Search engine for Indian Law

- 29 -

2025:JHHC:29005-DB the State has been conferred with the power to deal with such situation and in that view of the matter and on the basis of the principle of binding precedence, the judgment rendered by the Hon‟ble Apex Court rendered in the case of Common Cause Vs. Union of India & Ors. (supra) will be applicable being binding effect under Article 141 of the Constitution of India and not the judgment rendered by the Co-ordinate Bench of this Court.

Analysis

- 30 -

2025:JHHC:29005-DB & Ors. (supra) that the State Government has been conferred with the power to deal with such situation as would be evident from the provision of Section 21(5) of the MMDR Act, will be binding upon this Court by virtue of Article 141 of the Indian constitution?

50. Both the issues since are interlinked and, as such, are being taken up together for their consideration.

72. Further, disapproving the opinion of learned Amicus to recover only 30% of the value of illegally mined ore, the Hon‟ble Apex Court at paragraph 154 of the judgment has been pleased to hold that there can be no compromise on the quantum of compensation that should be recovered from any defaulting lessee -- it should be 100%.

73. The moment the said dictum has come by the Hon‟ble Apex Court, it goes without saying that the said recovery is to

- 45 -

2025:JHHC:29005-DB be made by the State Government. The purpose of referring of the judgment rendered in the case of Common Cause is to have a view on the applicability for the purpose of considering that the view which has been taken by the Co-ordinate Bench of this Court binds this Court on the principle of judicial discipline or the judgment passed by the Hon‟ble Apex Court in the case of Common Cause being the law of land under Article 141 of the Constitution of India.

37. Article 141 of the Constitution of India reads as follows:

"141.Law declared by Supreme Court to be binding on all courts.--The law declared by the Supreme Court shall be binding on all

- 47 -

2025:JHHC:29005-DB courts within the territory of India."

41. In view of Article 141 the law as laid down by this Court, as referred to above, is binding on all courts of India including the High Courts.