LexGOA FOUNDATION versus UNION OF INDIA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B c [2014] 5 S.C.R. 302 GOA FOUNDATION v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 435 of 2012) APRIL 21, 2014 [A.K. PATNAIK, SURINDER SINGH NIJJAR AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Commission of inquiry Act, 1952: ss. BB and BC - Justice Shah Commission - Report on illegal mining ·in State of Goa - Held: Jn view of the stand of the State Government that no action will be taken against m;ning Jesse.Es only on the basis of the findings in the report 0 of Justiee Shah Commission without making its own assessment of facts and without first giving the mining lessees opportunity of hearing and opportunity to produce evidence in their defence, Court is not inclined to quash the report of Justice Shah Commission on the ground that provisions of ss. BB and BC of the 1952 Act, and principles of natural justice E have not been complied with - However, Court cannot direct prosecution of the mining lessees on the basis of the findings in the report of Justice Shah Commission, if they have not been given opportunity of being heard and to produce evidence in their defence and not allowed right to cross- F examine and the right to be represented by a legal practitioner before the Commission as provided in ss. BB and BC. Mines and Minerals (Development and Regulation) Act, G 1957: H ss .8(2) and 8(3) - Renewal of mining lease - Concessions granted before liberation of Goa, deemed to be mining leases - Deemed mining leases to excavate iron ore 302 · GOA FOUNDATION v. UNION OF INDIA 303 in State of Goa - Held: Renewal beyond first renewal for a A period of twenty years is conditional upon State Government forming an opinion that in the interest of mineral development, B it is necessary to do so and also conditional upon State Government recording reasons for such renewal of a mining lease in respect of iron ore which is not specified in Part A and Part B of the First Schedule - Deemed mining leases of lessees in Goa expired on 22.11.1987 and the maximum period (20 years) of renewal of deemed mining leases in Goa has also expired on 22. 11. 2007 - Therefore, mining by lessees in Goa after 22. 11. 2007 was illegal - Accordingly, c - order dated 10.09.2012 of Government of Goa suspending mining operations in the State and order dated 14.09.2012 of MoEF, Government of India, suspending the environmental clearances granted to mines in the State are not liable to be quashed by the Court, and the same will have to continue ti/I 0 decisions are taken by State Government to grant fresh leases and decisions are taken by MoEF to grant fresh environmental clearances for mining projects - Mineral Concession Rules, 1960 - r.24A - Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987- s. E 5 - Public Interest Litigation. ss. 4 and 9 - Removing of dump· from mining area and keeping it beyond mining area - Held: Dumping of minerals outside the leased area of the mining lessees is not permissible under MMDR Act and Rules made thereunder F - The moment mineral is removed or consumed from the leased area, the holder of a mining lease has to pay royalty - By virtue of ss. 9 of MMDR Act, tailings and rejects excavated during mining operations being minerals wi/I also be exigible to royalty the moment they are removed from the G leased area - Mineral Concession Rules, 1960 - r. 64-C. Mines and Minerals: Prohibition on mining activities - In areas adjacent to National Park or Wildlife Sanctuary - Held: Supreme Court H 304 SUPREME COURT REPORTS [2014] 5 S.C.R. A in exercise of its power under Art. 32 of the Constitution can direct the State to prohibit mining activities in an area adjacent to a National Park or a Wildlife Sanctuary for the purpose of protecting the flora, fauna and wildlife habitat of the National Park/Wildlife Sanctuary - State can be directed s by the Court by an appropriate writ or direction not to grant mining /eases or not to allow mining that will be violative under Art. 21 of the Constitution - The order passed by the Court saying that there will be no mining activity within one kilometer safety zone around National Park or Wildlife Sanctuary has c to be enforced - Until the Central Government takes into account various factors mentioned in sub-r. (1 ), follows the procedure laid down in sub-r. (3) and issues a notification under r.5 prohibiting mining operations in a certain area, ther
Excerpt shown. Read the full judgment & AI analysis in Lexace.