Mining dump behind parched mud

High Court Issues Notice on GF Plea to Suspend Mining Operations

A division bench of the Bombay High Court at Goa (Justices Bharti Dangre and Nivedita Mehta) today issued notice on a plea filed by the Goa Foundation seeking suspension of all mining operations in the state post-monsoon.

The PIL was filed to seek the intervention of the Court to enforce directions issued by the Supreme Court, along with statutory provisions under the Mines and Minerals Development and Regulation (MMDR) Act, 1957, the Goa (Prevention of Illegal Mining, Storage, Transportation of Minerals) Rules, 2013 and the Goa Mineral Policy, 2013.

The Court fixed the matter next for consideration of interim relief on 18.9.2025.

The PIL concerns the re-commencement of mining activities in Goa, without any semblance of a regulatory system in place.

The PIL emphasizes that the State’s mineral resources are collectively owned by its citizens and must be governed according to the Public Trust Doctrine. The National Mineral Policy 2019 and constitutional principles highlight the importance of managing these resources transparently and responsibly, ensuring fair economic results and protection of the rights of both present and future
generations. The petition notes that the State stands to receive approximately ₹87,528 crore from the auction of the first 12 major mineral blocks—an amount nearly four times Goa’s projected budget revenue for FY 2025–26. Thus, money cannot be a problem to set up a proper regulatory system.

The petition raises serious concerns about the mismanagement and exploitation of Goa’s mineral assets in the past, alleging that private players have exercised undue influence over regulatory authorities, leading to significant losses to the public exchequer and gross environmental damage.

Despite previous assurances by the State to the Hon’ble Constitutional Courts to regulate the sector and put in place a credible system prior to resuming mining operations, the petition asserts that no substantial reforms have been implemented to prevent a recurrence of past malpractices. Till date, the Department of Mines & Geology has no staff worth the name to manage the activity. The department does not have recourse to a laboratory. In its absence, the department meekly accepts what the leaseholders tell it in terms of both quantity and grade. Running a huge ndustry on the basis of self-declaration by leaseholders is completely unacceptable.

The Petitioner states that commitments made to Hon’ble Constitutional Courts cannot be treated as if made lightly. The Petitioners seek judicial intervention to ensure compliance with statutory mandates, enforcement of judicial directives, and fulfillment of state commitments, with the ultimate aim of safeguarding public interest and preventing further misuse of valuable natural resources.

Interim reliefs sought:
A) Adequate staff to ensure 24×7 supervision and control over mining activity at mining blocks, dumps, plants, stockyards, jetties or elsewhere, and during transport between locations;

B) Notification/set-up of an independent laboratory in the State for purpose of grading of ores, and for determination of presence of associated minerals in  areas selected for mining blocks;

C) Directorate of Mines & Geology (DMG) to set up  mechanism to verify the daily production details provided by the leaseholder and monthly closing balances of ore, overburden and other materials;

D) DMG to create capacity to take samples of all challaned material for purpose of independent verification of grade for purposes of royalty and other charges;

E) DMG to set up  mechanism to verify the market price reported by the extractor, costs of the supply chain and the ex-mine price reported by the leaseholder;

F) Grievance mechanism for village populations to seek immediate cure of violations of SOP on mineral transport.

Claude Alvares
Goa Foundation