Team Herald
PANJIM: A division bench of the Bombay High Court on Friday dismissed several writ petitions filed by former mining lease holders challenging the Goa government’s order directing them to vacate their lease areas within
a month.
This judgment now paves way for auctioning of mining leases, which the government has been attempting to do for resuming mining activities.
The division bench comprising Justice Sandeep Shinde and Justice R N Laddha quashed the petitioner’s prayer to set aside the notices issued under Rule 12 (1)(hh) of the Mineral Concession Rules (MCR).
The order was issued by the government on May 5, 2022, ordering lease holders to vacate the mining lease areas within one month. The order was issued pursuant to a specific direction of the Supreme Court that the Goa government use its powers (granted under Rule 12(1)(hh) of the Mineral Concession Rules, 2016) for the purpose of recovering the leased areas.
Arguments on these writ petitions were held for over six weeks.
Advocate General Devidas Pangam said that this order will pave the way for the process of auctioning mining leases and resume mining in the State. “The petitioners (mining lease holders) have no case for further appeal as the Supreme Court has already ruled in Goa Foundation matters that the leases in Goa have expired,” he opined.
Director of Goa Foundation Dr Claude Alvares has termed the judgment historic. “This judgment will end the little remaining supremacy of the mining lease holders. This judgment is historic for Goa,” he said.
Earlier, in October 2021, Goa Foundation had filed a writ petition against the Goa government demanding such an order be issued in the context of specific directions of the Supreme Court of India. The petitioner succeeded when the government issued the order.
