NEW DELHI/panjim: The Supreme Court on Thursday deferred the Goa mining case of two private mining firms to August 18 for a possible physical hearing in an open court instead of the current proceedings conducted through video-conferencing.
No review petition of the Goa government was, however, listed before the Bench hearing the case for restarting the iron ore mines in the State. The court also ordered clubbing of the instant cases with a pending 2018 petition of the Chowgules.
A 3-judge Bench of Justices Dhanjay Chandrachud, Ms Indu Malhotra and K M Joseph was hearing the petitions of Vedanta Limited and Joseph Coelho to allow them to resume the mining banned by the Apex Court through its order in February 2018. Pleadings in the case have been already completed, but Justice Chandrachud preferred to hear the matter last time in an open court before pronouncement of the verdict.
Contrary to the claim of the State's Advocate General Devidas Pangam, the State government's review petition was not at all listed with the petitions. In fact, the two petitions on the board were the special leave petitions while the review petitions are usually listed separately before a separate Bench.
The Court, however, took note of "the paper books of the review petition filed by the State government in disposed of matter" in its order and directed the registry to also list with the petitions one by Chowgule & Company Private Limited as directed by the Bench chaired by the Chief Justice of India on February 10.
Advocate General Pangam appeared in the hearing as the government is banking on the Vedanta case to advance its submissions on how Goa was badly hit by the apex court's decision on February 7, 2018 judgment on the petition filed by NGO Goa Foundation of activist Claude Alvares and why that ruling needs to be reviewed. Solicitor General Tushar Mehta also appeared in the case on behalf of the Centre.
The Goa Foundation has also impleaded itself in the Vedanta case, though the company had not made it a respondent party despite challenging the verdict on its petition. Advocate Prashant Bhushan, who won the case on behalf of the Goa Foundation, is appearing for it in the instant case to challenge the mining company's claim to resume the mining operations.
In Chowgule's petition filed in May 2018 that is clubbed with the Vedanta case, besides the State government and its various departments, those listed as the respondents include not only the Goa Foundation and Mormugao Port Trust, but also a score of the mine owners including V M Salgaocar & Brother Private Ltd, Vedanta Ltd, Shivanand V Salgaocar, Fomentos, Ambar Timblo, Sociedade de Fomento Industrial Pvt Ltd, Partha Banerjee, V M Salgaocar Sales International, Minescape and Kadar Ores Pvt Ltd and Minescape Minerals Pvt Ltd.
Seeking for early hearing in the mining case, Goa Government on Thursday informed Supreme Court that resumption of iron ore activities is must for revival of State economy, which is hit due to current COVID pandemic.
The appeal filed by mining companies challenging 1987 Mining Abolition Act along with a review petition of the Goa Government, challenging Supreme Court’s order dated February 7, 2018, was heard visually.
Advocate General Devidas Pangam said that the Goa government, through its counsel Tushar Mehta, pleaded that the State needs to be heard as the entire mining sector across the country is governed under one law, whereas the mines in Goa has a different law.
The State contended before the Court that under the amendment to Section 8 of the Mines and Minerals Development Regulation (MMDR) Act, the mining companies are entitled to extend their mining leases upto 2037.
Pangam said it was pointed out before the Court that revival of State economy is needed.
“State has contended that resumption of mining activities is utmost important at this stage for revival of State economy, as tourism industry is shut due to COVID,” Pangam said.
He said the court agreed for hearing in open court, considering the situation, or will continue virtual hearing on August 18.