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Published by Firstpost
ONGC, Vedanta Resources
ONGC, Vedanta Resources

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Published by: Firstpost on Feb 27, 2012
Copyright:Attribution Non-commercial

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05/09/2013

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IN THE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)Writ Petition (Civil) No. .................... of2012P
UBLIC
I
NTEREST
L
ITIGATION
I
N THE MATTER OF
:1.
 
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ETITIONER
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ERSUS
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HROUGH ITS
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ECRETARY
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INISTRY OF
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ETROLEUM AND
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ATURAL
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AS
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HAVAN
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R
ESPONDENT
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O
.12.
 
O
IL AND
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ATURAL
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AS
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ORPORATION OF
I
NDIA 
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HROUGH
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OWER
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R
ESPONDENT
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.34.
 
V
EDANTA
R
ESOURCES 
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HROUGH
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V
EDANTA
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OUSE
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OUSE 
V
ILE
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ARLE
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AST
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UMBAI
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R
ESPONDENT
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O
.4AW
RIT
P
ETITION IN PUBLIC INTEREST UNDER
A
RTICLE
32
OF THE
C
ONSTITUTION OF
I
NDIA HIGHLIGHTING HOW THE
G
OVERNMENT OF
I
NDIAALLOWED TRANSFER OF OIL RESOURCES OF THECOUNTRYWORTH LAKHS OFCRORES OF RUPEESTO A PRIVATE COMPANYBY GIVING UP ITS OWN LEGALRIGHTS IN COMPLETE VIOLATION OF THE PUBLIC TRUST DOCTRINE
,A
RTICLE
14
AND
21
OF THE
C
ONSTITUTION OF
I
NDIA
 
To,THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANIONJUDGES OF THE HON’BLE SUPREME COURT OF INDIAThe Humble Petition of thePetitionerabove-namedMOST RESPECTFULLY SHOWETH: -
1)
The petitioner isfiling the instant writ petition in public interesthighlighting how the Government of India has allowed transfer of oilresources of the country worth lakhs of crores of rupees to a privatecompany by giving up its own legal rights in complete violation of thepublic trust doctrine, Article 14 and 21 of the Constitution of India.Thesaid doctrine that has been recognized as part of the law of the landmandates that State is the trustee of its natural resources and it is theduty of the State to protect them. The premise of the doctrine is thatcertain resources are of such great public importance that they shouldnot be subjected to private ownership or private commercial exploitation,and must be used in a manner so as to serve common good. ThisHon’ble Court in its recent decision in CPIL vs UoI (WPC 423/2010)while quashing 2G telecom licenses has held that economic actions andpolicies of the state can be set aside if the same are shown to becontrary to public interest or are detrimental to the public exchequer.The petitioner had written thrice to all appropriate authorities. Petitionerhad written to Prime Minister, Minister of Petroleum, Finance Minister,CVC, CBI on 05.03.2011 and had followed up this letter with a reminderto the above authorities on 25.05.2011. Petitioner had also written to theHome Minister on 04.10.2011. The said letters are all annexed with thispetition (Annexures 11, 12 and 15). None of the above letters were
 
responded to by any of the authorities. Petitioners also filed an RTIapplication with ONGC but the request for information was denied. Acopy of the application and its response is also annexed to this petition.(Annexure P14 colly).T
HE
P
ETITIONER
2)
The petitioner is a financial expert and a lawyer. He has filedseveral notable public interest petitions that have unearthed corruptionand financial irregularities. His PIL against Cogentrix prevented a lossworth approximately rupees 30,000 crores to the exchequer, and oneagainst Prasar Bharti benefited theorganization by about Rs. 20 crores.It was the complaint of the petitioner in the 2G spectrum scam thateventually led to the registration of the FIR by the CBI, as has beennoted by this Hon’ble Courtin the 2G case.T
HE
R
ESPONDENTS
3)
Respondent No. 1 is the Union of India that have allowed the abovescam to take place and have now officially given final clearance to theCairn-Vedanta dealin violation of the public trust doctrine.RespondentNo. 1 has also given irregular and arbitrary extensions of time periodbeyond that provided in the PSC to private firms for the exploration of oilin various oilfields. These extensions have resulted in a loss worthbillions of dollars because of discoveries made during the extendedperiod in areas that had a very high probability of oil discovery.
4)
Respondent No. 2 is the Oil and Natural Gas Corporation of India(hereinafter the ‘ONGC’). ONGC is anoil and gas companyowned and

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