Goa Mineral Policy 2023 Faces Legal Challenge in High Court Over Dump Mining Rights
The Bombay High Court at Goa has reserved its order on a significant petition challenging the Goa Mineral Policy 2023. This policy empowers the state government to transfer millions of tonnes of low-grade iron ore to former leaseholders and miners without conducting a public auction. The hearing concluded recently, with the court's decision pending.
Legal Arguments Against the Policy
The Goa Foundation, an environmental advocacy group, filed the petition arguing that the state cannot legally hand over such substantial quantities of ore without securing the best possible price through a transparent auction process. They contend that the 2023 dump mining policy, which replaced earlier versions from 2013 and 2022, violates established legal principles.
Advocate General Devidas Pangam confirmed, "The hearing in the dump policy concluded, and the order was reserved." This statement highlights the procedural status of the case as the court deliberates on the complex issues involved.
Key Concerns Raised by the Goa Foundation
The foundation pointed out that despite some redeeming features, the 2023 policy allows former miners to take possession of ore stocked outside lease areas. They can dispose of this ore after paying only royalty to the state, which the foundation argues is insufficient and unfair.
Critically, the petition references the Supreme Court of India's judgment from April 21, 2014, which declared all mineral dumps located outside lease areas as illegal. According to this ruling, such dumps are now vested with the state, and there should be no provision for handing over their operation to former miners on nominal royalty terms.
Legal Framework and State Ownership
The petition further emphasizes that after amendments to the MMDR Act in 2015, there is no legal provision to transfer minerals to private parties except through auction. It asserts that all mineral stocks are owned by the state, which holds them in trust for the people of Goa, making any non-auction transfer potentially unlawful.
Government's Defense and Revenue Claims
In response, the government informed the High Court that 52% of the revenue from the sale of low-grade iron ore dumps outside lease areas, including those on private property, will accrue to the state. Additionally, it has fixed a 22% premium on the Indian Bureau of Mines price for former leaseholders allowed to handle such dumps.
This defense aims to justify the policy by highlighting the financial benefits to the state, but critics argue it does not address the core legal issues of transparency and compliance with Supreme Court directives.
Implications for Mining and Governance
The outcome of this case could have far-reaching implications for mining practices in Goa and beyond. It touches on fundamental questions of resource management, environmental stewardship, and governmental accountability. The court's eventual order will determine whether the 2023 policy stands or requires revision to align with national laws and judicial precedents.
Stakeholders, including former miners, environmental groups, and the general public, await the decision with keen interest, as it will shape the future of mineral resource allocation in the region.
