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Judgment
R.D.Dhanuka, J
Heard Learned Counsel for the parties.
A perusal of the Communication dated 23.09.2016 from the State Government, annexed at Exhibit D to the petition, indicates that the application filed by the petitioner for second renewal dated 17. 11.2006, remained undecided till 12.01.2015. After considering the amendment to the Mines and Minerals (Development and Regulation) Act, 1957, the State Government informed the petitioner that the lease period of T.C. No.39/53 is deemed to be extended till 31. 03.2020, subject to acceptance of conditions mentioned in the said Communication dated 23.09.2016.
In response to the said Communication, the petitioner in his letter dated 12.10.2016 without prejudice to the rights and contentions of the petitioner, to the Director of Mines and Geology, Government of Goa, accepted the mining lease in terms of the amendment to the Mines and Minerals (Development and Regulation) Act and the judgment in Writ Petition No. 114 of 2014 dated 04.04.2016.
The learned Counsel for the parties, invited our attention to the judgment of the Hon'ble Supreme Court delivered on 7. 02.2018 in Special Leave to Appeal (Civil) No. 32138 of 2015 in the case of The Goa Foundation Vs. M/s Sesa Sterlite Ltd. & Ors. The learned Advocate General states that in view of the law laid down by the Hon'ble Supreme Court in the case of The Goa Foundation (supra) delivered on 07.02.2018, the State Government will have to reconsider the Communication annexed at page 109 of the Writ Petition and would pass fresh order after hearing the petitioner. Statement is accepted.
The respondents shall also consider the application for capping dated 14.03.2018 and pass an appropriate order on that application also after hearing the petitioner.
The petitioner is directed to remain present before the Director of Mines on 02.04.2019 at 11 a.m. The petitioner would be at liberty to appear in person or through an advocate. The petitioner would be at liberty to rely upon Writ Petition No. 861 of 2018 and to file any additional reply if necessary.
The Director of Mines shall pass an appropriate order in accordance with law, within four weeks, from the date of hearing, directed to be held on 02.04.2019. Neither the petitioner shall seek any adjournment nor the proposed hearing shall be adjourned by the Director of Mines. The order proposed to be passed by the Director of Mines, shall be communicated to the petitioner, within one week from the date of passing of the order.
If any adverse order is passed against the petitioner, the petitioner would be at liberty to avail of the remedy available in law. It is made clear that this Court has not expressed any views on the merits of the matter. All Contentions of the parties are kept open.
Writ petition is disposed off on the aforesaid terms. No order as to costs.
Parties to act on the authenticated copy of this order.