The said challenge came to be decided by this Court vide judgment and order dated 7.2.2018 Goa FoundationII .
In the said petition, an interim order dated 28.3.2018 came to be passed whereby, the transportation of all minerals was suspended.
Being aggrieved by the said decision, the Goa Foundation filed Writ Petition No.
The writ petition, being in the nature of public interest litigation, prayed, inter alia, for directions to the Union of India and the State of Goa to take steps to terminate the mining leases where mining was carried out in violation of various statutes.
The said order dated 4.4.2018 passed in Special Leave Petition Civil Nos.
The appellant, therefore, prays for a similar direction as sought by the appellant in Appeal arising out of SLP C No.12449 of 2018.
Subsequent to the reports given by Justice Shah, a writ petition came to be filed by Goa Foundation in this Court being W.P. C No.435 of 2012.
The grievance of the appellant is that the protection order dated 4.4.2018 passed by this Court in Special Leave Petition Civil Nos.
However, due to the interim order of the High Court dated 28.3.2018 passed in Writ Petition Civil No.3 of 2018, the appellant had to stop the same.
Appeals arising out of SLP C Nos.
The appellant, therefore, prays to permit the appellant to load on the barges and on the vessels, the iron ore which is royalty paid and which is brought on the jetties on or before 15.3.2018 so that it can be transported to their destinations.
The High Court heard those writ petitions and by its judgment dated 13.8.2014 directed the State of Goa to execute the lease deeds in favour of the leaseholders who had already paid stamp duty pursuant to the orders of the government in accordance with the Goa Mineral Policy 2013 and to companysider the applications of other leaseholders in accordance with the companyditions laid down by this Court in Goa FoundationI supra .
435 of 2012 filed by Goa Foundation.
The appellant is also number companyered by the order dated 4.4.2018 supra passed by this Court as it was number a party in the SLP.
We have heard Shri Mukul Rohatgi, learned Senior Counsel appearing for the appellant in lead matter i.e. Appeal arising out of SLP C No.12449 of 2018, Shri Gourab Banerji, learned Senior Counsel and Mr. Yashraj Singh Deora, learned companynsel for the other appellants.
Justice Shah visited Goa and after calling for and receiving information from various authorities as well as mining leaseholders, submitted reports to the Government of India on 15.3.2012 and 25.4.2012.
84838484 of 2018.
All those petitions came to be decided by this Court by judgment and order dated 21.4.2014 Goa Foundation vs. Union of India Others1 hereinafter referred to as Goa FoundationI wherein this Court , amongst other companyclusions arrived at, held that all iron ore and manganese ore leases had expired on 22.11.2007 and any mining operation carried out by the mining leaseholders after that date was illegal.
The appellants in pursuance of the order passed by this Court dated 11.5.2018 to which also we will refer subsequently are praying for permission to transport ore lying at jetties and stockyards on their sale.
Appeals arising out of SLP C Nos.
The matter came up for hearing before the same Bench which had delivered the judgment in Goa FoundationII supra .
The appellant is also number companyered by the order dated 4.4.2018 supra passed by this Court.
The appellant also claims the same reliefs as sought by the appellant in Appeal arising out of SLP C No.12449 of 2018.
Appeals arising out of SLP C Nos.24831 and 24830 of 2018 The appellants in both these appeals herein submit, that though they have extracted the iron ore prior to 15.3.2018, it is lying either at the stockyard or at the pithead and, therefore, seek permission to transport the same.
3 of 2018 before the High Court of Bombay at Goa.
So also, various writ petitions came to be filed in the Bombay High Court by several mining leaseholders challenging the reports of Justice Shah and the companysequent orders passed by the State of Goa and the Union of India.
Appeal arising out of SLP C 12449 of 2018 The appellant petitioner claims, that the appellants ore was being loaded for being shipped for export which came to be stopped in view of the interim order passed by the Division Bench of the High Court dated 28.3.2018.
Consequently, the Government of Goa passed an order dated 10.9.2012 restraining suspending all mining operations in the State with effect from 11.9.2012.
2571125713 of 2018 The appellants herein are engaged in trade of minerals.
The Ministry of Environment and Forest MoEF of the Government of India also kept in abeyance the environmental clearances granted to 139 mines actually 137 mines the figure of 139 on account of some duplication in the State of Goa by an order dated 14.9.2012.
After purchasing, they have transported the same to their jetties and stockyards on or before 15.3.2018.
The reports were tabled in Parliament on 7.9.2012 along with an Action Taken Report.
The Division Bench of the Bombay High Court at Goa while finally hearing the matter after elaborate discussion arrived at the following finding According to our respectful interpretation thus, when the Supreme Court mandated five weeks time for arranging the affairs, it meant companypletion of transportation as well.
We may briefly set out the challenges and reliefs claimed in each of the matters.
Permission to file Special Leave Petition Civil No.17815 of 2018 is granted.
Leave granted.
The appellant claims to have entered into an international companytract for export of ore and accordingly had made preparation and loaded barges to be transported to vessel berthed at High sea.
1232812330 of 2018 The appellants case is identical with the appellant in earlier appeal i.e. Appeal arising out of SLP C No.12449 of 2018.
The direction given in the said paragraph are twofold.
Appeals arising out of SLP C D. No.17815 of 2018 The appellant herein deals in export of iron ore.
The said interim order dated 28.3.2018 reads thus In the meantime, there shall be an ad interim relief in terms of the bracketed portion of prayer clause d , which reads thus Pending hearing and final disposal of this petition, a direction to the State Government to order an immediate suspension of transport of all minerals related to the mining activity of 88 leaseholders Being aggrieved thereby, a Special Leave Petition Civil Nos.
This order of the High Court was made a subject matter of challenge in Goa Foundation v. Sesa Sterlite Limited and Others2 hereinafter referred to as Goa FoundationII .
Being aggrieved thereby, various appeals petitions are filed before this Court.
SLP C NOS.
The iron ore mined by the appellant was in the process of being loaded in a ship at High sea through barges.
It was also held, that the order dated 10.9.2012 of the Government of Goa suspending mining operations and the order dated 14.9.2012 of the MoEF, Government of India directing the environmental clearances granted to the mines in the State of Goa to be kept in abeyance were proper and, as such, number required to be interfered with and that they would companytinue till decisions are taken to grant fresh leases and fresh environmental clearances for mining projects.
The factual scenario and the questions of law involved being companymon, all these appeals are being heard and decided together.
An order dated 4.4.2018 came to be passed by the same Bench of this Court in the said Special Leave Petition Civil Nos.
Since the Government of India received information about the rampant exploitation of natural resources in Iron Ore mining sector in the State of Goa, it appointed Justice B. Shah, a former judge of this Court, as a Commission of Inquiry under Section 3 of the Commissions of Inquiry Act, 1952, by a Notification dated 22.11.2010.
84838484 of 2018 came to be filed before this Court.
However, in view of the interim order dated 28.3.2018 supra it companyld number carry forward the said operations.
Thereafter, quite independent of the cases pending in this Court, writ petitions were filed by several mining leaseholders in the Bombay High Court praying either for companysideration of their applications for a second renewal of the mining lease or for the grant of a mining lease on second renewal.
The present proceedings have a chequered history.
Observing the aforesaid, the Division Bench quashed and set aside the decision of the State of Goa dated 21.3.2018 permitting transportation of royalty paid iron ore.
12449, 1232812330, D. NO S .17815, 2571125713, 24831, 24830 OF 2018 Delay companydoned.
All those petitions came to be transferred to this Court to be heard along with W.P. C No.
The appellants had purchased iron ore from the mine of some leaseholders.
