GOA FOUNDATION Vs. STATE OF GOA,

JUDGEMENT

(1.) 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:

(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.