Goemkarponn Desk
PANAJI: The Goa Government in its submission before the Supreme Court in mining matter, has pointed out how the Apex Court has overlooked its own judgment, dated April 2014, wherein the three-bench Court had granted powers to the State to decide in what manner iron ore mining leases are to be granted in future.
In a brief submission made to the Supreme Court in the review petition, the Goa government has said that the benefit of second renewal, which is available and granted to the rest of the country is denied.
Goa government pointed out that the Apex Court, while passing the judgment in Goa Foundation matter (1) in April 2014, was aware of the Goa Mineral Policy 2013 as well as the stand of Government which could be spelt out from the Goa Mineral Policy 2013 and therefore the declaration in para 87.5 and the direction in para 88.4 came to be issued in the said judgment.
The para 87.5 states: it is the State Government to decide as a matter of policy in what manner mining leases are to be granted in future but the constitutionality or legality of the decision of the State Government can be examined by the Court in exercise of its power of judicial review.
And para 88.4: The State Government may grant mining leases of iron ore and other ores in Goa in accordance with its policy decision and in accordance with the MMDR Act and the Rules made thereunder in consonance with the constitutional provisions.
“The Goa Foundation 2 judgment (passed in February 2018) does not at all consider this,” State said.
The State further said that the interpretation in Goa Foundation 2 has resulted in absurdity in as much as in the rest of the country including Orissa, as per the direction of this Court, there are second renewals granted although they were not renewed for number of years.
“In so far as State of Goa is concerned the benefit of 2nd renewal, which is available and granted to the rest of the country is denied,” State said.
“This would amount to discrimination and a judgment of the court cannot be interpreted to give such absurd and unequal treatment to different states under the same law,” State contended.
State also said that since the concessions were converted into mining leases on 23.05.1987, the date of original grant for them would be this. Hence the 50 years will only end in 2037.
It also said that leases cannot be auctioned in view of pendency of the Goa Abolition matter before the Constitutional Bench.
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