PANJIM: The Bombay High Court at Goa on Wednesday directed State government to execute the lease deeds under Mines and Minerals Development Regulation (MMDR) Act of 28 mining leases which have paid the stamp duty as per the Indian Stamp (Goa amendment) Act 2012 for second renewal, much before the Supreme Court judgment passed in April 2014. A three months time has also been granted to the Government to decide on the renewal applications of those mining lease holders who have not paid the stamp duty.
The Court while passing the much crucial order countered Government contention that Supreme Court has directed State to grant “fresh mining leases” by stating that ‘the expression “fresh leases” as per the Supreme Court Judgment, is affirmation of the settled law that grant of renewal of leases is also fresh grants’ and that the Apex Court has directed to grant leases in accordance with the MMDR Act and Rules. The Court was also of the opinion that Government through a proper documentation had informed Supreme Court that it has decided to grant mining renewal to 28 leases.
a) Renewal under Goa Mineral Policy and Conditions laid down by Apex Court.
“State of Goa is directed to execute the lease deeds under Section 8(3) of the MMDR Act in favour of the lease holders who/which have already paid the stamp duty pursuant to the orders of the Government, in accordance with the Goa Mineral Policy, 2013 placed before the Supreme Court in Writ Petition (Civil) No.435/2012 and subject to the conditions laid down by the Apex Court in the said Writ Petition,” the order passed by the division bench headed by Justice U V Bakre and Justice Ranjit More reads.
b) Decision on non-stamp duty paid leases within three months.
“So far as the lease holders who/which have not paid the stamp duty are concerned, the State is directed to decide their renewal applications under Section 8(3), as expeditiously as possible, and preferably within a period of three months from the date of receipt of copy of this order,” it added.
c) SC has affirmed the power of the State to grant leases under Section 8(3) of MMDR Act.
Court pointed out that the Supreme Court has neither declared Section 8(3) of the MMDR Act invalid or unconstitutional, nor has taken Section 8(3) off of the statute book. On the contrary, the Supreme Court has affirmed the power of the State Government to grant second renewal of the leases under Section 8(3) of the MMDR Act.
d) Goa Mineral policy 2013 was placed before Supreme Court where renewal of 28 leases was mentioned.
Government was caught on wrong foot, when Court pointed out that the State in its ‘Goa Mineral Policy 2013’, placed on record before the Supreme Court, had said that 28 leases have been decided to be renewed and the same would be done shortly.
The mining lessees of 28 mines had approached High Court seeking directions to the Government to decide their applications for renewal of the mining leases filed in the year 2007 and execute the lease deeds considering that they have paid the stamp duty.
The State government in its affidavit said, “it is within the powers of the State government to consider the renewal applications under Section 8(3) and take a view on the same”. While stating that in the case of Odisha, the Supreme Court has specifically directed the State government to consider the application under Section 8(3), the affidavit pointed out that there is no such direction in the case of Goa and that the petitioners must therefore approach the apex court for a similar direction.
