National Green Tribunal
Shri. Shankar Jog vs The Ministry Of Environment, Forests & ... on 26 April, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application 144/2016 (WZ)
I.A. No. 42/2022(WZ)
Shri Shankar Jog & Anr. Applicant(s)
Versus
MoEF & CC & Ors. Respondent(s)
Date of hearing: 26.04.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant: Mr. Aagney Sail, Advocate
Respondent(s): Mr. Rahul Garg, Advocate for MoEF & CC
Mr. Dhruv Mehta, Senior Advocate with Mr. Ninad Laud Advocate
for R-3
Mr. Huzefa Ahmadi, Senior Advocate with Mr. Ninad Lau,
Advocate for R - 4
Mr. S. Swaminathan Advocate for R - 7, 8,10,14
Mr. Parag Rao, Advocate for R-12
Mr. Yash Deora, Advocate for R.13
ORDER
[
1. This application has been filed for a direction to stop illegal mining operations of private Respondents No. 3 to 14 - M/s. Chowgule & Co. Pvt. Ltd., M/s. Sesa Mining Corp. Ltd., M/s. EMCO Goa Pvt. Ltd., M/s. Panduronga Timblo Industries, M/s. Sociedade Timblo Irmas Ltd., M/s. Sesa Resources Ltd., M/s. M.S. Talaulicar & Sons Pvt. Ltd., M/s. Badrudin Husainbhai Mavani, M/s. Sova, M/s. R.S. Shetye & Bros., M/s. V.G. Quenim and Rajesh Timblo in Goa.
1
2. The application was earlier heard on 27.10.2016 and notice was issued to the respondents. Some of the contesting respondents have filed their respective replies. Our attention has been drawn inter-alia to judgments of the Hon'ble Supreme Court in Talaulicar & Sons Pvt. Ltd. v. Union of India & Anr. (2016) 8 SCC 299 and Goa Foundation v. Sesa Sterlite Ltd., (2018) 4 SCC 218 and Notification of MoEF&CC dated 06.04.2018. Directions in Goa Foundation, supra are as follows "xxx ..................................xxx............................................xxx
154. In view of our discussion, we arrive at the following conclusions:
154.1. As a result of the decision, declaration and directions of this Court in Goa Foundation1, the State of Goa was obliged to grant fresh mining leases in accordance with law and not second renewals to the mining lease holders.
154.2. The State of Goa was not under any constitutional obligation to grant fresh mining leases through the process of competitive bidding or auction.
154.3. The second renewal of the mining leases granted by the State of Goa was unduly hasty, without taking all relevant material into consideration and ignoring available relevant material and therefore not in the interests of mineral development. The decision was taken only to augment the revenues of the State which is outside the purview of Section 8(3) of the MMDR Act. The second renewal of the mining leases granted by the State of Goa is liable to be set aside and is quashed.
154.4. The Ministry of Environment and Forest was obliged to grant fresh environmental clearances in respect of fresh grant of mining leases in accordance with law and the decision of this Court in Goa Foundation and not merely lift the abeyance order of 14th September, 2012.
154.5. The decision of the Bombay High Court in Lithoferro v. State of Goa2 (and batch) giving directions different from those given by this Court in Goa Foundation is set aside.
154.6. The mining lease holders who have been granted the second renewal in violation of the decision and directions of this Court in Goa Foundation3 are given time to manage their affairs and may continue their mining operations till 15th March, 2018. However, they are directed to stop all mining operations with effect from 16th March, 2018 until fresh mining leases (not fresh renewals or other 1 Goa Foundation v. Union of India (2014) 6 SCC 590 2 2014 SCC OnLine Bom 997: (2015) 3 AIR Bom R 32 3 Goa Foundation v. Union of India (2014) 6 SCC 590 2 renewals) are granted and fresh environmental clearances are granted.
154.7. The State of Goa should take all necessary steps to grant fresh mining leases in accordance with the provisions of the Mines and Minerals (Development and Regulation) Act, 1957. The Ministry of Environment and Forest should also take all necessary steps to grant fresh environmental clearances to those who are successful in obtaining fresh mining leases. The exercise should be completed by the State of Goa and the Ministry of Environment and Forest as early as reasonably practicable.
154.8. The State of Goa will take all necessary steps to ensure that the Special Investigation Team and the team of Chartered Accountants constituted pursuant to the Goa Grant of Mining Leases Policy 2014 give their report at the earliest and the State of Goa should implement the reports at the earliest, unless there are very good reasons for rejecting them.
154.9. The State of Goa will take all necessary steps to expedite recovery of the amounts said to be due from the mining lease holders pursuant to the show cause notices issued to them and pursuant to other reports available with the State of Goa including the report of Special Investigation Team and the team of Chartered Accountants.
155. The writ petitions and SLPs are disposed of in accordance with the above conclusions and directions."
3. Relevant extract from the Notification of MoEF&CC dated 06.04.2018 is as follows:
"xxx ..................................xxx............................................xxx Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby directs, after having dispensed with the requirement of notice under clause (a) of sub-rule (3) of the rule 5 of the said rules in public interest, for implementation of the aforesaid judgments of the Hon'ble Supreme Court, that the project proponent in all such cases involving validity of the environmental clearance and expansion of mining projects vis-à-vis the base production, shall make application within six months from the date of issue of this notification in Form- 1 as given in Appendix-II of the EIA Notification, 2006, for grant of environmental clearance under the provisions of the EIA Notification, 2006, and all such applications shall be considered by the concerned Expert Appraisal Committee or the State Level Expert Appraisal Committee, as the case may be, who shall decide on the due diligence necessary including preparation of Environmental Impact Assessment Report and public consultation and the application shall be appraised accordingly for grant of environmental clearance."3
4. Learned Counsel for the parties states that in view of above, no mining is taking place and if at all mining takes place it will be in compliance with the mandate of law as mentioned above.
5. In view of above, no further order is necessary.
The application is disposed of.
IA No. 42/2022(WZ) will also stand disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dinesh Kumar Singh, JM Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM April 26, 2022 Original Application 144/2016 (WZ) I.A. No. 42/2022(WZ) DV 4