SUBMISSION OF
MINES MINISTRY
1)
The stoppage of the mining activity has entailed a very drastic economic adverse effect on the overall economy of the State
2)
Any delay in adjudication of the present appeal will further perpetrate legal uncertainty in the mining sector of Goa
3)
It is just and proper that the supreme court may be pleased to fix an early date of hearing of the civil appeal so as to decide issues pertaining to the title of the mining lease pending
PANAJI: The Union Mines Ministry has petitioned the Supreme Court for an early hearing into a pending civil petition pertaining to the title of mines and rights of mining leaseholders.
In an application, Gurmeet Siugh Makker, advocate for the union mines ministry, referred to a civil petition of 1998 between the appellants, VS Dempo and Co Ltd and others, and the Union of India and others, who are the respondents, which is pending before the supreme court.
The ministry stated that the issue inter-alia pertains to the interpretation and implication of the title rights of the mining concessions granted to the appellants under the Regulamento Das Minas No Ultramar (Portuguese Colonial Mining Law) which was converted into mining leases under the Mines, and Minerals (Development and Regulation Act, 1957 (MMDR Act) vide the Goa, Daman and Diu (Abolition And Declaration Of Mining leases) Act, 1987 (Abolition Act).
While submitting that the supreme court is considering the constitutional validity of the provisions of the Abolition Act, the ministry submitted that the supreme court vide its order (2.03.1998) had granted leave in the matter and passed certain interim directions.
The ministry pointed out that “in the meanwhile, the supreme court rendered its judgments in the case of Goa Foundation [(2014) 6 SCC 590] and Goa Foundation [(2018) 4 SCC 218),” adding that “in terms of the directions passed in the aforesaid judgments the mining activity in the State of Goa has been stopped with effect from March 16, 2018.”
The ministry also submitted that "clear title of mines sine qua non to a stable mining sector which is exploited by the respective mine lease holders in accordance with the public trust doctrine under the legal framework established by the applicant."
"The issues which are pending in the appeal have a direct nexus and implication on the title of mines and rights of mining leaseholders under the Abolition Act.”
“It is submitted that till the legal issues pertaining to the rights accruing to the mine concession holders under the Portuguese Colonial Mining Law, which were converted into mining lease by the Abolition Act, are not decided one way or the other, the title of the mines will not get clear and as a natural corollary, the directions passed by the supreme court in the Goa Foundation cases, supra, would not get implemented in its letter and spirit.”
The ministry also submitted that “processing of application in accordance with the directions passed by the Supreme court in Goa Foundation Cases, supra, pending adjudication of the issues involved in the present appeal, i.e. pending issues pertaining to the title and duration of mining leases under the Abolition Act, will result in overlapping, conflicting, and in cases, mutually contradictory property rights being created in favour of mine lease holders.”
“The same would also, in cases, affect the rights of third parties created during the process,” stated the ministry.
The ministry submitted that pending adjudication of the legal issues involved in the present appeal, there will always remain an inherent legal uncertainty on the title rights of the mines, if granted afresh, as per the directions passed by the supreme court in Goa Foundation Cases, supra, as the original title of mines is still under litigation.
The ministry also stated that the stoppage of the mining activity has entailed a very drastic economic adverse effect on the overall economy of the State.
“The applicant has been appraised that the stoppage of mining activity has directly affected the livelihood of all the persons who were directly or indirectly dependent upon Mining activities,” stated the petition.
The ministry submitted that the pendency of the present appeal is entailing great public and financial prejudice not only on the citizens of the State but also on State exchequer.
“Any delay in adjudication of the present appeal will further perpetrate legal uncertainty in the mining sector of Goa, which is neither in the public interest nor in the financial interest of the state as well as its citizens who are part of the said sector.”
“It is submitted that the applicant under the public trust doctrine is mandated to ensure that the mining operations are carried smoothly and the goals of legal stability in the sector is achieved.”
“Hence, in the circumstances it is just and proper that the supreme court may be pleased to fix an early date of hearing of the civil appeal so as to decide issues pertaining to the title of the mining lease pending in the above matters,” state the ministry.
