VidhiSangh

Supreme Court of India · 07/02/2018

THE GOA FOUNDATION versus M/S SESA STERLITE LTD. & ORS.

[2018] 2 S.C.R. 361 · 2018 INSC 110

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Summary

The Supreme Court quashed Goa’s second renewals of 88 mining leases as contrary to its earlier Goa Foundation decision and unsupported by proper consideration of mineral development. Fresh leases and fresh environmental clearances were required. The High Court’s contrary directions and the mechanical lifting of environmental-clearance abeyance could not stand. In this February 2018 order, mining under the invalid renewals could continue only until 15 March 2018 and had to stop from 16 March pending fresh grants. Investigations and recovery action were to be expedited.

Issues

  1. Whether the earlier Goa Foundation judgment permitted second renewals instead of fresh mining leases.
  2. Whether the renewals and restoration of environmental clearances were lawful, and whether auction was constitutionally mandatory.

Provisions considered

Held

Result

Writ petitions and SLPs disposed of. Second renewals and the High Court’s Lithoferro directions set aside; fresh leases and environmental clearances required. Mining ordered to stop from 16 March 2018 pending fresh grants; investigations and recovery steps to be expedited.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 361.