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2018 Supreme(Bom) 2334

N.M.JAMDAR, PRITHVIRAJ K.CHAVAN
Goa Foundation – Appellant
Versus
State Of Goa – Respondent


Advocates Appeared:
Norma Alvares, Adv., Anamika Gode, Adv., Dattaprasad Lawande, Adv., Deep Shirodkar, Adv., Mahesh Amonkar, Adv., S.S. Kantak, Adv., Abhijit Gosavi, Adv., D.J. Pangam, Adv., N. Pimenta, Adv., Parag Rao, Adv., Swati Kamat, Adv., Shambhavi Rao, Adv., Y.V. Nadkarni, Adv., N. Noronha, Adv., Nikhil Vaze, Adv., Prasad Dhakephalkar, Adv., S.D. Lotlikar, Adv., M. Prabhuchodnekar, Adv.

JUDGMENT

N.M. Jamdar, J -Rule. Rule made returnable forthwith. Respondents waive service. Taken up for final disposal.

2. On 7 February 2018, the Supreme Court of India disposed of appeals dealing with the issue of renewal of the 88 mining leases in the State of Goa. The Supreme Court held that the 88 mining leases had expired in the year 2007, and they could not have been renewed. After delivering an elaborate decision declaring the invalidity of these leases, the Supreme Court issued certain directions. One such direction in exercise of power under Article 142 of the Constitution of India was as under:

    6. The mining lease holders who have been granted the second renewal in violation of the decision and directions of this Court in Goa Foundation are given time to manage their affairs and may continue their mining operations till 15th March 2018. However, they are directed to stop all mining operations with effect from 16th March, 2018 until fresh mining leases (not fresh renewals or other renewals) are granted and fresh environmental clearances are granted.

      In the impugned decision dated 21 March 2018, the State of Goa has construed this direction as a full liberty to such mining l

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