High Court’s landmark judgement reconfirms expiry of mining leases in 2007; order directing former lease holder to vacate leases stays

Digital Goa, Oct 7 – High Court in a landmark judgment today has said that the consistent view of this Court is that the deemed mining leases in Goa expired on 22.11.1987 and the maximum period (20 years), of Renewal of the deemed Mining leases in Goa has also expired on 22nd November 2007, and consequently, mining by lessees after 22.11.2007, was illegal and that mining shall not be permitted until fresh leases (not fresh renewals or other renewals) are issued. The main contention of the former lease holders was that they are entitled for treating lease period as of 50 years from 1987 to 2037 and not from 20.12.1961. The petitioners therefore sought declaration that the lease period of the petitioners stand extended upto the year 2037, plus shut down period and seek to quash notice dated 04.05.2022 issued under Rule 12(1)(h) of the Minerals (other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2015 directing the former lease holders to vacate the lease within a period of one month. “In consideration of the facts above and for the reasons stated, we, deem it appropriate not to re-examine the issue of extending benefit to the petitioners, referable to Section 8A of M.M.D.R. Act. Accordingly, we dismiss all petitions, of first category”, states the order. The High Court has given the judgment based on the observations made in the Supreme Court orders in petitions filed by Goa Foundations, said Advocate General Devidas Pangam and added that unfavourable judgment would have derailed the government’s efforts to get mining blocks auctioned.

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