Summary
The Supreme Court permitted transportation of royalty-paid iron ore mined before the Goa mining prohibition, whether stored at jetties, stockyards or pitheads. Goa Foundation-II prohibited further mining from 16 March 2018 but did not prohibit removal of previously raised ore. The Court restored the State’s transportation decision, required valid transit permits and completion within six months, and preserved the other directions in Goa Foundation-II.
Issues
- Whether Goa Foundation-II prohibited transportation of ore already mined before the mining cutoff, including ore outside the jetties.
Provisions considered
- Rule 12(1)(gg), Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016The policy permitting removal of minerals after lease expiry or termination, subject to dues and qualifications, supported the six-month transportation period directed here. (¶¶ 30, 31, 32, 36)
Held
- Goa Foundation-II allowed mining until 15 March 2018 and stopped mining operations from 16 March. Its language, and subsequent orders permitting movement of royalty-paid ore from jetties, did not support extending the prohibition to all transportation of previously mined ore. (¶¶ 24, 25, 26, 27, 28, 29, 32)
- There was no rational distinction between ore at jetties and ore at stockyards or pitheads where it had been mined before the cutoff. The State was responsible for monitoring that only qualifying ore was moved. (¶¶ 32, 33)
- Transportation was confined to royalty-paid minerals covered by valid transit permits from the competent State authority and had to be completed within six months of this judgment. All other paragraph 154 directions in Goa Foundation-II remained binding. (¶¶ 34, 35, 36, 37)
Result
Appeals allowed; High Court judgment set aside and the State’s decision of 21 March 2018 upheld, subject to the royalty, permit and six-month conditions. Pending applications disposed of. SLP(C) 22035/2019 de-tagged for separate listing.