GOA FOUNDATION versus UNION OF INDIA & ORS.

GOA FOUNDATION versus UNION OF INDIA & ORS.

Deemed mining leases in Goa expired on 22.11.2007. Mining activities thereafter were illegal. Justice Shah Commission report not quashed but cannot be used for prosecution unless principles of natural justice are complied with. Dumping of minerals outside lease area is impermissible. No mining within 1 km of National Parks/Wildlife Sanctuaries without eco-sensitive zone notification. State Government must grant mining leases in full compliance with statutory and constitutional requirements, and compensation must be paid to workers for lay-off during suspension.

Parties
Petitioner: Goa Foundation; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
21 April 2014
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Allowed; writ petition disposed of
Legal Topics
Illegal Mining, Renewal of Mining Leases, Environmental Protection, Public Interest Litigation, Natural Justice, Eco Sensitive Zones, Royalty Payment, Dumping of Mineral Wastes
Environmental Law Mining Law Constitutional Law Administrative Law Illegal Mining Renewal of Mining Leases Environmental Protection Public Interest Litigation +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Goa Foundation

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether mining by lessees in Goa after 22.11.2007 was illegal
  2. 2 Whether the report of the Justice Shah Commission should be quashed or relied upon for prosecution
  3. 3 Whether dumping of minerals outside the leased area is permissible

Ratio Decidendi

Deemed mining leases in Goa expired on 22.11.2007. Mining activities thereafter were illegal. Justice Shah Commission report not quashed but cannot be used for prosecution unless principles of natural justice are complied with. Dumping of minerals outside lease area is impermissible. No mining within 1 km of National Parks/Wildlife Sanctuaries without eco-sensitive zone notification. State Government must grant mining leases in full compliance with statutory and constitutional requirements, and compensation must be paid to workers for lay-off during suspension.

Court Disposition

Allowed; writ petition disposed of

Orders

  • Deemed mining leases of lessees in Goa expired on 22.11.2007; mining thereafter was illegal.
  • Orders dated 10.09.2012 (Goa) and 14.09.2012 (MoEF) suspending mining operations/environmental clearances not quashed; to continue until fresh leases and clearances are granted.