The Bombay High Court on Thursday dismissed a public interest litigation (PIL) filed by the Goa Foundation, which challenged the state government's dump mining policy that permits iron ore to be returned to former leaseholders without undergoing a competitive auction process.
Background of the Case
The Goa Foundation had contested Section 2.2 of the policy regulating iron ore dump handling. The environmental group argued that the state cannot hand over large quantities of ore to former miners without securing the best possible price through a transparent auction mechanism. The petition highlighted that the Supreme Court, in its landmark judgment of April 2014, declared all mineral dumps located outside lease areas as illegal. The apex court had ruled that such dumps now vest with the state and cannot be transferred to former miners merely upon payment of nominal royalty.
Arguments by Goa Foundation
The petition contended that the policy allows public resources to be distributed as largesse to powerful mining lobbies, which continue to exert undue influence in their favor. It further argued that the policy violates Articles 14 (right to equality) and 21 (right to life) of the Constitution, as well as the principles of public trust and intergenerational equity. The Goa Foundation emphasized that minerals belong collectively to the people of the state, and the government acts only as a trustee. It also cited the National Mineral Policy, 2019, which recognizes the rights of citizens and future generations to ensure that natural resources are disposed of to their best advantage. The petitioner demanded that all mining dumps qualifying as ore should be placed before the monitoring committee for proper oversight.
Court's Decision
The Bombay High Court, after hearing the arguments, dismissed the PIL, stating that there was no merit in the challenge. The court observed that the policy does not violate any constitutional provisions or legal principles. The dismissal comes as a setback to environmental activists and civil society groups who have been opposing the state's approach to handling iron ore dumps.
This decision allows the Goa government to proceed with its policy of returning iron ore to former leaseholders without auction, a move that critics argue could lead to loss of revenue and environmental degradation. However, the court found no grounds to intervene, effectively upholding the state's policy.
