GOA FOUNDATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Through the instant interlocutory application, the applicant-M/s Bandekar Brothers Private Limited has prayed for a direction to the concerned authorities for restraining them from auctioning the mined mineral ore produced by the applicant prior to 22.11.2007, through e- auction. This prayer is premised on the foundation, that the applicant's above stated mined mineral ore cannot be sold, under the orders passed by this Court. In this behalf, it was the contention of the learned counsel for the applicant, that the applicant had mined 67,285 metric tons of iron ore (Grade 63.19% Fe approximately) prior to 22.11.2007, and therefore, the applicant should be released the aforesaid iron ore, with the right to dispose of the same. A similar submission was made by the applicant for the disposal of 1,00,000 metric tons of old dump (grade 46.15% Fe approximately).

(2.) According to the learned counsel for the applicant, the mineral ore mined prior to 22.11.2007, cannot be treated as having been illegitimately mined, and as such, the applicant as also all other similarly placed mining lease holders, should be released the same with liberty to sell the same.

(3.) Mr. A.D.N. Rao, Advocate, learned amicus, vehemently opposes the prayer made on behalf of the applicant. While doing so, he placed reliance on the decision rendered by this Court in Goa Foundation versus Union of India, 2014 5 Scale 364. Our pointed attention was invited to the following observations recorded therein: