PANJIM: In another major setback to the mining industry in the State, the High Court of Bombay at Goa on Friday set aside the State government order of March 21 that permitted transportation after March 15, 2018 of ore on which royalty had been already paid.
On March 21, the State government, interpreting the Supreme Court’s order of February 7 banning mining activities in Goa from March 15, had allowed mining companies in Goa to transport ore lying outside the lease areas and on which royalty had already been paid. However, the order excludes the transportation of ore from jetties.
“The impugned decision of the State of Goa dated 21 March 2018 to permit transportation of the royalty paid ore after 15 March 2018 in respect of 88 leases, not covered by the order passed by the Supreme Court dated 4 April 2018 in respect of the appellants before the Supreme Court therein, is quashed and set aside,” the High Court order states.
The Court further said that the government will have to decide within four weeks the legal position regarding its ownership rights as custodian of the mineral resources and its powers to take possession, sell and dispose off the ore in question to utilise the proceeds for public purposes.
The court slammed the government and asked the Chief Secretary to hold a meeting with all the concerned officers within 15 days of the judgment to chalk out a comprehensive plan for the safety of the mines in question as petitioner Goa Foundation had raised the issue of safety during the arguments in the court.
The Court also said that the Controller General of the Indian Bureau of Mines (IBM) will hold an enquiry to verify the correctness of the mining data maintained by the State of Goa in light of the disparity noticed. The report of an inquiry is to be published in public domain within six months.
The HC said that the interim order of March 28, 2018 is confirmed, and it shall continue as a final relief, excluding the ore covered by the order passed by the Supreme Court on April 4, 2018.
On March 28 the HC had ordered suspension of ore transportation that was allowed by Mines Department on grounds that it was extracted before March 15 and the royalty for the same was paid by the lease holders.
The Court direction came after the NGO Goa Foundation had moved High Court through a Public Interest Litigation (PIL) challenging the illegal transportation. HC as an interim relief had ordered stoppage of transportation of ore which is now confirmed by the order.
The mining companies advocate requested to stay the operation of the order. However the request was rejected and the court directed the state to take a decision in four weeks.
