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Constitutional

The Mulakh Khajan Farmers Association And Anr vs The Director of Mines and Geology And Ors

Court
Bombay High Court
Date
29 June 2024
Case No.
Public Interest Litigation Writ Petition No. 6 of 2024 with Misc. Civil Application Nos. 199, 215, 239, 1216, 1217 and 1416 of 2024
Result
Disposed
Bench
M. S. Karnik
Acts & Sections
Mines and Minerals (Development and… §not specified Environment Protection Act, 1986 §not specified Companies Act, 1956 §not specified Constitution §226
Headnote AI-drafted · Reviewed and approved
This Public Interest Litigation was filed by the Mulakh Khajan Farmers Association and the Goa Foundation challenging alleged illegal mining and related activities in the Bicholim region of Goa, raising concerns about environmental degradation, damage to khajan lands used for agriculture, and violations of applicable mining and environmental regulations. The petitioners sought intervention by the Court to direct the authorities including the Director of Mines and Geology, the State of Goa, and the Goa State Pollution Control Board to take remedial action against the alleged illegal extraction of minerals and the consequential harm to local farmers and the ecology.

Several interlocutory applications were filed by parties including Vedanta Limited and Surakshit Distributors Pvt. Ltd. seeking impleadment and other reliefs, as well as by an individual intervener, in connection with the main writ petition. The Court considered the interplay of provisions of the Mines and Minerals (Development and Regulation) Act, the Environment Protection Act, and related statutory frameworks governing mining activity and environmental clearances in Goa.

The High Court of Bombay at Goa, after hearing all parties and examining the material on record, passed appropriate directions concerning the pending miscellaneous civil applications and the main PIL writ petition, with a view to balancing the rights and interests of the farming community, the environment, and the lawful conduct of mining operations in the region.
Catchwords: Public Interest Litigation · illegal mining · khajan lands · environmental degradation · Goa · Mines and Minerals · Environment Protection · Goa State Pollution Control Board · Vedanta Limited · Blueglobe Exports · impleadment · agricultural land · mineral extraction · Bicholim

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Full Judgment Text

[Cites 24, Cited by 0] Bombay High Court Shankar Chandrakant Jalmi And 3 Ors vs The Mulakh Khajan Farmers Association ... on 29 June, 2024 Author: M. S. Karnik Bench: M. S. Karnik 2024:BHC-GOA:1037-DB 2024:BHC-GOA:1037-DB PILWP-6-2024.doc Andreza IN THE HIGH COURT OF BOMBAY AT GOA PUBLIC INTEREST LITIGATION WRIT PETITION NO. 6 OF 2024 WITH MISC. CIVIL APPLICATION NO. 199 OF 2024 WITH MISC. CIVIL APPLICATION NO. 215 OF 2024 IN PUBLIC INTEREST LITIGATION WRIT PETITION NO. 6 OF 2024 WITH MISC. CIVIL APPLICATION NO. 239 OF 2024 IN PUBLIC INTEREST LITIGATION WRIT PETITION N
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