Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1952: ss. 8B and 8C - Justice Shah Commission Commission of inquiry Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Commission of inquiry Act, 1952:ss. 8B and 8C - Justice Shah Commission - Report on illegal mining in State of Goa - Held: In view of the stand of the State Government that no action will be taken against mining lesses only on the basis of the findings in the report of Justice Shah Commission without making its own assessment of facts and without first giving the mining lessees opportunity of hearing and opportunity to produce evidence in their defence, Court is not inclined to quash the report of Justice Shah Commission on the ground that provisions of ss. 8B and 8C of the 1952 Act, and principles of natural justice have not been complied with - However, Court cannot direct prosecution of the mining lessees on the basis of the findings in the report of Justice Shah Commission, if they have not been given opportunity of being heard and to produce evidence in their defence and not allowed right to cross - examine and the right to be represented by a legal practitioner before the Commission as provided in ss. 8B and 8C. Mines and Minerals (Development and Regulation) Act, 1957:ss .8(2) and 8(3) - Renewal of mining lease - Concessions granted before liberation of Goa, deemed to be mining leases - Deemed mining leases to excavate iron ore in State of Goa - Held: Renewal beyond first renewal for a period of twenty years is conditional upon State Government forming an opinion that in the interest of mineral development, it is necessary to do so and also conditional upon State Government recording reasons for such renewal of a mining lease in respect of iron ore which is not specified in Part A and Part B of the First Schedule - Deemed mining leases of lessees in Goa expired on 22.11.1987 and the maximum period (20 years) of renewal of deemed mining leases in Goa has also expired on 22. 11. 2007 - Therefore, mining by lessees in Goa after 22. 11. 2007 was illegal - Accordingly, - order dated 10.09.2012 of Government of Goa suspending mining operations in the State and order dated 14.09.2012 of MoEF, Government of India, suspending the environmental clearances granted to mines in the State are not liable to be quashed by the Court, and the same will have to continue ti/I decisions are taken by State Government to grant fresh leases and decisions are taken by MoEF to grant fresh environmental clearances for mining projects - Mineral Concession Rules, 1960 - r.24A - Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987- s. 5 - Public Interest Litigation.ss. 4 and 9 - Removing of dump· from mining area and keeping it beyond mining area - Held: Dumping of minerals outside the leased area of the mining lessees is not permissible under MMDR Act and Rules made thereunder - The moment mineral is removed or consumed from the leased area, the holder of a mining lease has to pay royalty - By virtue of ss. 9 of MMDR Act, tailings and rejects excavated during mining operations being minerals wilI also be exigible to royalty the moment they are removed from the leased area - Mineral Concession Rules, 1960 - r. 64-C.Mines and Minerals:Prohibition on mining activities - In areas adjacent to National Park or Wildlife Sanctuary - Held: Supreme Court in exercise of its power under Art. 32 of the Constitution can direct the State to prohibit mining activities in an area adjacent to a National Park or a Wildlife Sanctuary for the purpose of protecting the flora, fauna and wildlife habitat of the National Park/Wildlife Sanctuary - State can be directed by the Court by an appropriate writ or direction not to grant mining /eases or not to allow mining that will be violative under Art. 21 of the Constitution - The order passed by the Court saying that there will be no mining activity within one kilometer safety zone around National Park or Wildlife Sanctuary has to be enforced - Until the Central Government takes into account various factors mentioned in sub-r. (1), follows the procedure laid down in sub-r. (3) and issues a notification under r.5 prohibiting mining operations in a certain area, there can be no prohibition under law to carry on mining activity beyond 1 km. of the boundaries of National Parks or Wildlife Sanctuaries - Direction given to issue notification under r. 5 - Constitution of India, 1950 - Arts. 32 and 21 - Environment Protect~on Rules, 1986 - r.5. Granting of mining /eases for excavation of iron ore - Modality of - Held: State Government may grant mining /eases of iron ore and other ores in accordance with its policy decision and in accordance with MMDR Act and the Rules made thereunder in consonance with constitutional provisions - Until the final report is submitted by the Expert Committee, State Government will, in the interests of sustainability development and intergenerational equity, permit a maximum annual excavation of 20 million MT from the mining /eases in the State other than from dumps - Directions given to appropriate the sale proceeds of ores sold in e-auction as suggested in the judgment - Monitoring Committee directed to make the payments as mentioned in the judgment - 50% of wages and dearness allowance directed to be paid to workers in the muster rolls of mining /eases who have not been paid their wages during the period of suspension of mining operations - Direction also given to set aside amount towards Goan Iron Ore Permanent Fund - Industrial Disputes Act, 1947 - s.25 C - Goa Pollution Control Board directed to monitor air and water pollution in mining areas - Public Interest litigation. Mineral Concession Rules, 1960: rr. 37 and 38 - Held: State Government will initiate action against those mining lessees who violate rr.37 and 38 and will strictly enforce the Goa (Prevention of Illegal Mining, Storage and Transportation of Minerals) Rules - Goa (Prevention of Illegal Mining, Storage and Transportation of Minerals) Rules, 2013. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2014 INSC 962 |
Petitioner | Goa Foundation |
Respondent | Union Of India & Ors. |
SCR | [2014] 5 S.C.R. 302 |
Judgement Date | 2014-04-21 |
Case Number | 435 |
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