SC allows to transport royalty paid iron ore
"Needless to state, that the transportation of the mineral would be only in respect of such minerals on which royalty is paid."
- Supreme Court
New Delhi: In a major relief to mining firms, the Supreme Court Thursday permitted them to transport "royalty paid" iron ore, mined prior to March 15, 2018 in Goa.
The top court took note of the legislative policy and directed the mining firms that all "such transportation shall be completed within a period of six months from today".
A bench, comprising Chief Justice S A Bobde and Justices B R Gavai and Surya Kant, delivered the verdict on a batch of petitions filed by several mining firms including Chowgule and Company Pvt Ltd against the order of the Bombay High Court order.
The Bombay High Court at Goa had quashed the decision taken on March 21, 2018 by the Goa government permitting mining leaseholders to pay royalty on mineral, which was already mined till March 15, 2018 and transport it.
Setting side the high court order, the bench took note of its earlier judgement in which "mining leaseholders were given time to manage their affairs and may continue their mining operations till March 15, 2018."
"We are, therefore, inclined to allow all the appeals. Order accordingly. We set aside the impugned judgment and order dated May 4, 2018 passed by the High Court and uphold the decision of the State of Goa dated March 21, 2018, which permits transportation of mineral/iron ore which is mined prior to March 15, 2018.
"Needless to state, that the transportation of the mineral would be only in respect of such minerals on which royalty is paid. The appellants/mining leaseholders would be permitted to transport the royalty paid ore/mineral from the jetties/stockyard or pitheads on the basis of the valid transit permits issued to them by the competent authority of the State Government," the bench said.