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Showing contexts for: L.K..ADVANI in Goa Foundation vs Union Of India . on 21 April, 2014Matching Fragments
9. As we have already noticed, in the cases transferred from the Bombay High Court to this Court, the mining lessees have prayed for quashing the report of the Justice Shah Commission.
Mr. K.K. Vengupal, learned senior counsel appearing for the mining lessees, submitted that the Justice Shah Commission did not issue any notice under Section 8B of the Commissions of Inquiry Act, 1952 to the mining lessees giving a reasonable opportunity of being heard in the inquiry and to produce evidence in their defence. He further submitted that the Justice Shah Commission also did not permit the mining lessees to cross examine the witnesses, to address the Commission and to be represented by legal practitioners before the Commission contrary to the provisions of Section 8C of the Commissions of Inquiry Act, 1952. He submitted that even otherwise there is gross breach of the principles of natural justice and fair play by the Justice Shah Commission and, therefore, the report of the Commission was violative of Article 14 of the Constitution. He submitted that the report of the Justice Shah Commission should, therefore, be quashed. In support of this submission, he relied on the decisions of this Court in Kiran Bedi v. Committee of Inquiry and another [(1989) 1 SCC 494], State of Bihar v. L.K. Advani [(2003) 8 SCC 361] and Union of India v. Tulsiram Patel [1985(3) SCC 398].