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2018 Supreme(Bom) 2334
IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT GOA BENCH
N.M. Jamdar, Prithviraj K. Chavan, JJ.
Goa Foundation - Appellant
Versus
State Of Goa - Respondent
Public Interest Litigation Writ Petition No. 3 of 2018
Decided On : 04-05-2018
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.
Headnote:
Constitution of India - Article 142 - Mines and Minerals (Development and Regulations) Act, 1957 - Forest (Conservation) Act, 1980 - Environment (Protection) Act, 1986 - Taken up for final disposal - Renewal of 88 mining leases- mining lease holders who have been granted the second renewal in violation of decision and directions of this Court in Goa Foundation are given time to manage their affairs and may continue their mining operations - They are directed to stop all mining operations with effect until fresh mining leases are granted and fresh environmental clearances are granted - State of Goa has construed this direction as a full liberty to such mining lease holders to carry out excavation of ore pay royalty on the same and transport it any time - According to the Petitioner, this is against the indulgence granted by the Supreme Court, as time was granted only to arrange the affairs, meaning thereby all activities, including transportation, must end - Though the issue appears to be narrow, since exercise under Article 142 will have to be understood in the context in which Judgment was rendered, it is necessary to narrate the background which led to the decision – Held, villages have suffered severe air pollution due to mining , the natural streams have been polluted and dried up and many do not have water to drink - In these petition, there was absolute lack of any response from the State - At first there were simple denials that problem is not serious – Court had to pass series of orders over a period four months just to ensure that State takes steps to provide drinking water to these villages – Court found that 180 Crores were collected by the State of Goa in last two years in District Mineral Fund for the mining affected, but not even single rupee was spent - Foundations were established after we passed the orders and their first meeting was held just last month – Court had to literally push the State on every date to do something to alleviate the suffering of the innocent mining affected - Sharp contrast in State response in respect of these two ends of mining spectrum, Mining Affected and the Mining Beneficiaries, is too stark for us not to notice. We write it here because it pains our conscience - Writ Petition is disposed of
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 lease holders to carry out excavation of ore till 15 March 2018, pay royalty on the same and transport it any time after 15 March 2018. According to the Petitioner, this is against the indulgence granted by the Supreme Court, as time was granted only to arrange the affairs, meaning thereby all activities, including transportation, must end by 15 March 2018. Though the issue appears to be narrow, since the exercise under Article 142 will have to be understood in the context in which the Judgment was rendered, it is necessary to narrate the background which led to the decision on 7 February 2018.
3. Prior the year 1961, Goa was under the Portuguese Rule. The then Portuguese Government had granted certain mining concessions in perpetuity to concessionaires. After liberation of Goa, the mining activity was governed by the Mines and Minerals (Development and Regulations) Act, 1957 (MMDR Act) when it was so made applicable to the State of Goa. The Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 came into effect on 20 December 1961, declaring that every mining concession will be deemed to be a mining lease granted under the MMDR Act. The challenge to the Abolition Act was taken to the Apex Court. Leave was granted in the special leave petition. Around this time, numerous complaints were received regarding indiscriminate mining of iron ore and manganese ore in contravention of the provisions of the MMDR Act, the Forest (Conservation) Act, 1980, the Environment (Protection) Act, 1986. Taking cognizance of these complaints, the Central Government appointed a Commission headed by Justice M.B. Shah, Retired Judge of the Supreme Court. The Commission was to, inter alia, inquire into and determine the nature and extent of mining, trade and transportation of the iron ore, to inquire into the overall impact of such mining in terms of destruction of forest wealth, damage to the environment, prejudice to the livelihood and other rights of tribal people, forest dwellers and others. The Commission visited Goa, issued notices and carried out an inquiry. The Report of Justice Shah Commission was tabled in the Parliament. The State of Goa, on 10 September 2012, suspended all mining operations in the State of Goa with effect from 11 September 2012. The transportation of iron ore was banned. Show cause notices were issued and the environmental clearances granted to the mines in the State of Goa were directed to be kept in abeyance.
4. Goa Foundation, the Petitioner herein, filed a writ petition in public interest, based on the findings in the Report of Justice Shah Commission. On 5 October 2012, the Supreme Court issued notices. While issuing notices, the Supreme Court ordered that till further orders all mining operations in the l
