Synopsis

The Goa Foundation, an environmental NGO, challenged Clause 2(2) of the Goa Dump Policy of 2023, which permitted erstwhile mining lease holders to remove inventoried iron ore dumps (located outside lease areas but depicted in mining plans) without holding a public auction, merely on payment of conversion fees and royalty. The petitioner argued that after the Supreme Court’s declaration in Goa Foundation-1 (2014) that all mining leases had expired in 2007 and dump mining outside lease areas was illegal, such dumps vested in the State and must be disposed of only through auction. The Bombay High Court at Goa dismissed the PIL, holding that (i) the Supreme Court had already allowed the State to carry out dump mining in accordance with the Expert Committee’s report vide order dated 13.12.2022; (ii) there was no direction for confiscation or auction in Goa Foundation-1 or Goa Foundation-2; (iii) auction is not the constitutionally mandated sole method for alienation of all natural resources; and (iv) the policy decision was neither arbitrary nor mala fide. The court refused to interfere with the policy, emphasising judicial restraint in economic policy matters.

Court: High Court of Judicature at Bombay, Goa Bench

Coram: Hon’ble Mr. Justice Suman Shyam and Hon’ble Mr. Justice Amit S. Jamsandekar (Division Bench)

Date of Judgment: 7th May, 2026

Citation: Public Interest Litigation WP No. 44 of 2024 (2026:BHC-GOA:1022-DB)

Core Law: Mines and Minerals (Development and Regulation) Act, 1957; Constitution of India – Articles 14, 21, 39(b), 226, 141; Natural resources allocation – auction vs. policy discretion

1. Heading of the judgment

High court of bombay at goa

Public interest litigation wp no. 44 of 2024

The goa foundation, through its secretary, dr. claude alvares (petitioner) vs. The state of goa, through its chief secretary and 4 ors. (respondents)

Coram: hon’ble mr. justice suman shyam and hon’ble mr. justice amit s. jamsandekar

Reserved on: 4th february, 2026; pronounced on: 7th may, 2026

2. Legal framework

Major laws and provisions involved:

Mines and minerals (development and regulation) act, 1957 – section 10(b) (auction for grant of mining leases for notified minerals), section 8(3) (execution of lease deeds)

Constitution of india, 1950 – article 14 (equality, non‑arbitrariness), article 21 (right to environment), article 39(b) (distribution of material resources to subserve common good), article 141 (binding nature of supreme court decisions), article 226 (writ jurisdiction)

Goa, daman and diu mining concessions (abolition and declaration as mining leases) act, 1987 – section 4 (abolition of concessions)

Goa land revenue code, 1968 – section 33(1a) (fine for unauthorised use of land)

Subject matter of the judgment:

Whether the State Government’s policy allowing erstwhile mining lease holders to remove inventoried iron ore dumps (located outside lease areas but shown in mining plans) without public auction, on payment of conversion fee and royalty, is illegal and arbitrary, particularly in light of the Supreme Court’s earlier declarations in Goa Foundation-1 and Goa Foundation-2 that mining leases had expired and dump mining outside lease areas was illegal.

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