Team Goemkarponn
PANAJI: The Goa High Court has dismissed a review petition filed by the Goa Foundation against its earlier decision supporting the Goa Government’s Mining Dump Policy, 2023.
The court ruled that a review proceeding is not meant to function as an appeal and found no apparent legal or factual error in its May 7, 2026 judgment that would justify reconsideration.
The dispute relates to Clause 2.2 of the 2023 Dump Policy, which permits former mining leaseholders to remove inventoried mineral dumps situated on private property outside their former lease areas within a five-year period. The permission is subject to applicable land conversion charges, penalties under the Goa Land Revenue Code and royalty payments.
The Goa Foundation had challenged this arrangement through a public interest litigation, arguing that the iron ore present in such dumps should instead be auctioned by the government. According to the Foundation, auctioning the material would better protect the State’s financial interests.
The High Court had rejected the PIL on May 7, holding that the policy provided a reasonable and transparent mechanism for dealing with the mineral dumps.
The Foundation subsequently sought a review, raising objections to an observation contained in paragraph 63 of the earlier judgment concerning payment of royalty on iron ore contained in the dumps.
The NGO pointed out that royalty is payable when the ore is actually removed and argued that the court’s observation suggesting that royalty had already been paid was incorrect.
While considering the review plea, the High Court held that the disputed observation was made in the context of the case and was not the decisive basis on which the PIL had been dismissed. The court said that even if the observation was removed, the conclusion reached in the original judgment would remain unchanged.
The court further emphasised that the scope of review is limited. A review can be entertained only where there is a clear error on the face of the record or another legally recognised ground. It cannot be used to reconsider arguments already examined by the court.
The High Court therefore declined to reopen the matter and dismissed the Goa Foundation’s review petition, leaving its earlier decision upholding the State’s 2023 Mining Dump Policy intact.
