Case Note & Summary
The Goa Foundation, an environmental NGO, filed a Public Interest Litigation challenging Clause 2(2) of the Policy For Regulating Iron Ore Dump Handling in the State of Goa, 2023 (Dump Policy of 2023). The petitioner contended that the clause permits handing over mining dumps to ex-lessees who illegally created them outside mining lease areas without auction, contrary to the Mines and Minerals (Development and Regulation) Act, 1957 and Supreme Court jurisprudence on disposal of natural resources. The challenge was confined to dumps created outside lease areas on government and private land and inventoried dumps. The petitioner also challenged the in-principle approval dated 16-08-2024, consent to operate dated 12-11-2024, and final approval dated 15-05-2025 granted to M/s. Chowgule & Company Pvt. Ltd. (Respondent No. 4) without auction or mining lease. The court traced the historical background of mining in Goa, including the erstwhile Portuguese concessions, the abolition of concessions under the Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987, the Justice Shah Commission report on illegal mining, and earlier Supreme Court orders in WP(C) No. 435 of 2012 directing suspension of mining, inventory, and e-auction of minerals. The 2013 Dump Policy was also noted. The core legal questions were whether the state could alienate valuable minerals in dumps without auction and whether dump mining could proceed without a mining lease. The judgment did not contain the final reasoning or decision in the provided text.
Issue of Consideration
Whether the State of Goa can eliminate valuable minerals contained in mineral dumps without holding an auction? Whether dump mining can be permitted without granting a mining lease in respect of the land where the dump is located? Whether the in-principle approval dated 16th August 2024, consent to operate dated 12th November 2024, and the final approval dated 15th May 2025 granted in favour of Respondent No. 4 without auction or mining lease are valid?
Case Details
2026 LawText (BOM) (05) 72
Suman Shyam, Amit S. Jamsandekar
For Petitioner: Ms Norma Alvares, Senior Advocate, with Mr. Om D’Costa & Ms. Malisa Simoes. For Respondent Nos. 1 & 2 - State: Mr Devidas J. Pangam, Advocate General, with Mr. Deep Shirodkar, Additional Government Pleader. For Respondent No. 3: Mr Somnath Karpe, with Mr. Anand Shirodkar & Ms. Samiksha Vaigankar. For Respondent No. 4: Mr S.D. Lotlikar, Senior Advocate, with Ms. Sailee Kenny, Mr. Terence Sequeira, Mr. Sarvesh Sawant, Ms. Neha Shirgaonkar & Ms. P. Volvoikar through VC. For Respondent No. 5: Mr S.S. Kantak, Senior Advocate, with Ms. Neha Kholkar & Ms. Saicha Desai. For Respondent No. 6: Mr Joaquim Godinho. For Respondent No. 7: Mr Rohit Bras De Sa.
The Goa Foundation, through its Secretary, Dr. Claude Alvares
1. The State of Goa, through its Chief Secretary; 2. The Directorate of Mines & Geology; 3. The Ministry of Mines; 4. M/s. Chowgule & Company Pvt. Ltd.; 5. The Goa Mineral Ore Exporters’ Association; 6. The Goa State Pollution Control Board; 7. Vijay Ravalnath Gaonkar
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Nature of Litigation
Public Interest Litigation challenging the validity of Clause 2(2) of the Policy For Regulating Iron Ore Dump Handling in the State of Goa, 2023 and the approvals granted to Respondent No. 4 without auction or mining lease.
Remedy Sought
Quashing of Clause 2(2) of the Dump Policy of 2023; quashing of in-principle approval dated 16-08-2024, consent to operate dated 12-11-2024, and final approval dated 15-05-2025 granted to Respondent No. 4; declaration that dump mining should be conducted only after auction and with a mining lease.
Filing Reason
The Dump Policy of 2023 permits handing over mining dumps to ex-lessees who illegally created them outside lease areas without auction, allegedly contrary to the Mines and Minerals (Development and Regulation) Act, 1957 and Supreme Court jurisprudence on alienation of natural resources.
Previous Decisions
Supreme Court orders in WP(C) No. 435 of 2012 directing suspension of mining, inventory, e-auction, and monitoring of iron ore in Goa; Expert Committee reports in 2014; 2013 Dump Policy by Goa Government; Bombay High Court decision in Vasudeva Madeva Salgaocar v. Union of India (1985) 1 Bom CR 36 upholding the Abolition Act prospectively.
Issues
Whether Clause 2(2) of the Dump Policy of 2023 violates the Mines and Minerals (Development and Regulation) Act, 1957 and the requirement of auction for disposal of natural resources?
Whether dump mining can be permitted without granting a mining lease for the land where the dump is located?
Whether the in-principle approval, consent to operate, and final approval granted to Respondent No. 4 without auction or lease are illegal?
Judgment Excerpts
The core questions raised in this Writ Petition are (i) whether the State of Goa can eliminate valuable minerals contained in the mineral dumps without holding auction? and (ii) whether dump mining can be permitted without granting mining lease in respect of land where the dump is located?
The Writ Petitioner is an Environmental Non Governmental Organization (“NGO”) based in Goa and has been inter-alia engaged in instituting legal proceedings ... challenging the provision of Clause 2(2) of Policy For Regulating Iron Ore Dump Handling in the State of Goa, 2023 ... by contending that Clause 2(2) ... permits handing over mining dumps to the ex-lessees who had illegally created them outside the Mining Lease Area, without holding any auction...
Procedural History
The Goa Foundation, an NGO, filed PIL WP No. 44 of 2024 in the High Court of Bombay at Goa challenging Clause 2(2) of the 2023 Dump Policy and specific approvals granted to Respondent No. 4. The petition contended that the policy permitted handing over dumps to ex-lessees without auction or lease. The court noted the historical background: Goa's mining concessions under Portuguese rule, the application of the MMDR Act after 1961, the 1975 notice under the Mining Leases (Modification of Terms) Rules, the Bombay High Court's 1983 judgment in Vasudeva Madeva Salgaocar v. Union of India, the enactment of the Abolition Act in 1987, and its prospective application. The Justice Shah Commission report (2012) on illegal mining led to suspension of mining operations and Supreme Court orders in WP(C) No. 435 of 2012 directing inventory, e-auction, and monitoring. An Expert Committee was constituted in 2013. The Goa Government's 2013 Dump Policy was also noted. The instant petition raised core questions on the legality of dump mining without auction or lease. The judgment was reserved on 4 February 2026 and pronounced on 7 May 2026. No final decision is recorded in the provided text.
Acts & Sections
- Mines and Minerals (Development and Regulation) Act, 1957:
- Mining Leases (Modification of Terms) Rules, 1956: Rule 5
- Goa, Daman and Diu Mining Concessions (Abolition and Declaration as mining Leases) Act, 1987: Section 4
- Commissions of Inquiry Act, 1952: Section 3
- Land Revenue Code, 1968: Section 36(2)
