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Supreme Court of India 2018-02-07 allowed

Goa Foundation vs Sesa Sterlite Ltd. & Ors

Bench: 2 — Madan B. Lokur

In Brief

In this landmark environmental and mining law judgment, the Supreme Court quashed the State of Goa's decision to grant second renewals of iron ore mining leases and the Ministry of Environment and Forests' lifting of environmental clearance abeyance orders. The Court held that its earlier decision in Goa Foundation mandated fresh mining leases, not renewals. The State's renewals were granted with undue haste, ignoring investigations into violations, the EAC's critical findings of environmental degradation, and its own policy requiring inquiry completion before renewal. While competitive bidding is not constitutionally mandatory for natural resource allocation, the decision to abandon auction in favor of renewals sacrificed revenue maximization for private profit without public benefit, potentially violating Article 14. Fresh environmental clearances must be obtained for fresh leases. The Court allowed lease holders time until March 15, 2018 to wind down, then imposed cessation of mining operations until fresh leases and clearances are granted.

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Mining and Mineral Resources Environmental Law Natural Resource Allocation Administrative Law Judicial Review Public Interest Litigation Article 14 - Equality Before Law

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