In what can be termed as a major relief to mining lease holders in the State, the Supreme Court on Thursday allowed them to transport mined iron ore extracted between February 7 and March 15, 2018 and lying at the pithead, stockyard or any other storage place.
The top court after talking note of the legislative policy, directed the mining firms that “all such transportation shall be completed within a period of six months from today”.
Chowgule and Company Pvt Ltd, Minescape along with several other mining firms filed a batch of petitions against the order of the Bombay High Court order. A bench, comprising Chief Justice S A Bobde and Justices B R Gavai and Surya Kant, delivered the verdict on the petitions.
They stated that there was no rationale behind stopping transportation of iron ore if the mineral was mined before March 15, 2018 and royalty had been paid to the state government.
The Goa Government had taken a decision on March 21st 2018 which allowed mining leaseholders to pay royalty on mineral, which was already mined till March 15, 2018 and transport it. The High Court had rejected this decision of the Government.
The SC bench took note of its earlier judgment in which “mining leaseholders were given time to manage their affairs and may continue their mining operations till March 15, 2018.”
It is pertinent to note that the transportation of mineral would be only in respect of such minerals on which royalty is paid.
The appellants/mining leaseholders would be permitted to transport the royalty paid ore/mineral from the jetties/stockyard or pitheads on the basis of the valid transit permits issued to them by the competent authority of the state government, the bench said.
The bench accepted Senior Advocate Mukul Rohatgi’s argument for leaseholders that Minerals (other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016, granted six months to remove extracted mineral from the date of expiry or termination of the lease.
The bench referred to the earlier order which said that firms were permitted to transport iron ore on which royalty was paid and which was lying on the jetties on or before March 15, 2018.
“If this court in Goa Foundation II (judgment) intended to prohibit the mining as well as transportation of the minerals/iron ore with effect from March 16, 2018 nothing precluded it from doing so. However, the words used were that the lessees are permitted to manage their affairs and are permitted to continue mining till March 15, 2018.”
The bench also mentioned that the only prohibition contained in the said order after March 15, 2018 is for carrying out mining operations. They further stated that the same bench which had decided the Goa Foundation II, had itself permitted the minerals to be transported from the jetties on two different occasions.
The bench mentioned that that state government would ensure that only such mineral which was mined prior to March 15, 2018 would be allowed to be transported.
The court had been firm that earlier directions have to be followed by the state and the mining firms.
In February 2018, the top court had quashed the second renewal of iron ore mining leases given to as many as 88 companies in Goa in 2015 and had directed the Centre and the Goa government to grant fresh environmental clearances to them.
Mining leaseholders who had been granted a second renewal in violation of the previous decisions and directions of the court, have been granted time so as to manage their affairs and could continue mining operations till March 15, 2018.
The bench further explained that with effect from March 16, 2018 all these companies were directed to stop mining operations until fresh mining leases are granted and fresh environmental clearances are granted.
The judgment had then come on a petition filed by NGO, Goa Foundation, which had also raised the issue of companies carrying out mining in violation of various statutes.
Adv Prashant Bhushan, representing the NGO, Goa Foundation, stated that court appointed committees had found rampant illegal ore mining in Goa and if lease holders were allowed to transport the extracted mineral it would encourage illegalities.
