High Court of Bombay at Goa disposed of a writ petition regarding mining safety and water levels in a private lease, accepting undertakings from parties to comply with government orders and court directions for water pumping.
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IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 467 OF 2014
M/S. COSME COSTA AND SONS THR. ITS POWER OF ATTORNEY MR. RYAN COSTA AND ANR.,
Versus STATE OF GOA THR. CHIEF SECRETARY AND 5 ORS.,
... Petitioners
... Respondents
Mr. Venkatesh Dhond, Senior Advocate with Mr. Devidas Pangam, Mr. Ninad Laud, Mr. Rashmin Khandekar, Mr. Abhjit Gosavi and Mr. Amay Phadte, Advocates for the petitioners. Mr. A. N. S. Nadkarni, Advocate General with Mr. P. Dangui, Additional Govt. Advocate for respondents No.1, 2, 5, and 6. Mr. M. Amonkar, Central Govt. Standing Counsel for respondent No.3.
Mr. S. S. Kantak, Senior Advocate with Mr. V. A. Lawande, Mr. P. Talaulikar, and Mr. A. Kamat, Advocates for respondent No.4.
Coram:RANJIT MORE &
U. V. BAKRE, JJ.
Date:2nd August, 2014
P.C.:-
By this petition under Article 226 of the Constitution of India, the petitioner has sought for the following reliefs :
" (A) This Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or
any other appropriate writ, order or direction, directing the Respondent Nos. 1 to 3 to immediately take charge of the situation and take action in
terms of the Order dated 6/6/2014 and bring down
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the level in the Pits/Mines of the Respondent No.4 at Deulem-Pissurlem Mine to the level of 11 Mean Sea Level;
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take immediate action against the Respondent No.4, including the action in terms of Criminal Law for having breached the statutory orders, as also for having endanger the life and safety of the people;
(E) This Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the Respondent Nos.5 and 6 to bring down bring down the water level in the said mine to bring down water level in the Pits/Mines of the Respondent No.4 at Deulem-Pissurlem to such appropriate level directed by respondent No.3 from time to time."
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appearing for respondent No.3 and the learned Senior Advocate appearing for respondent No.4 unanimously accepted that if the bund between the two leases is breached, then the silt shall deposit in the lease previously operated by the petitioners, thereby damaging the prospects of exploitation of minerals in the lease previously operated by the petitioners. In such circumstances, the parties agreed to work out an amicable solution and the matter was adjourned to 2nd August, 2014 i.e. today.
b) In case the lease is not renewed or granted to the
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private Respondent but the lease operated by the Petitioner is renewed or granted, the expenditure incurred by the private Respondent to be reimbursed to it by the Petitioner;
c) In case both the leases are renewed or granted a afresh, the expenditure is borne by the private Respondent;
d) In case both the leases are not granted, the expenditure incurred by the private Respondent shall be taken into account for settling final closure of mining in case such a lease is not granted;
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However, the order is not clear as to what extent the water is required to be pumped. In that view of the matter, we direct that respondent No.4 shall pump the water from the lease under the guidance and as determined by respondent No.3- the Director General of Mines Safety.
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U. V. BAKRE, J. RANJIT MORE, J.
ssm.
M/s. Cosme Costa and Sons
State of Goa
RANJIT MORE
U. V. BAKRE
As recorded by the court registry
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