NT Reporter
Panaji
The High Court, while dismissing a matter related to mining dump handling, observed that the issues related to conservation of natural resources in the state, sustainable development and intergenerational equity are of significant
public importance.
A public interest litigation (PIL), filed by Goa Foundation, had challenged Clause 2(2) of the Policy For Regulating Iron Ore Dump Handling in the State of Goa, 2023, contending that it permits the handing over of mining dumps to ex-lessees alleged to have created such dumps outside leased areas, without recourse to auction. The petitioner argued that the provision was contrary to the Mines and Minerals (Development and Regulation) Act, 1957 and Supreme Court jurisprudence governing natural resources.
A division bench of Justices Valmiki Menezes and Amit Jamsandekar noted that Section 10(B) of the MMDR Act mandates auction for grant of mining leases for notified minerals such as iron ore and manganese ore. However, the court observed that the present matter did not concern the grant of fresh mining leases, which had already been addressed in earlier Supreme Court rulings in Goa Foundation-1 and Goa Foundation-2.
The bench further observed that although mining activities outside lease areas had been held to be illegal, this position did not automatically warrant confiscation and auction of all mining dumps, in the absence of specific directions to that effect in the
aforesaid judgments.
