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SC dismisses review pleas on mining, slams Goa govt, Vedanta | Goa News – Times of India

PANAJI: In a major setback to the state government, which is trying to restart mining activities in Goa, the Supreme Court on Tuesday dismissed the review petition filed by the state government seeking the operation of 88 mining leases cancelled in 2018 on the ground of delay in filing the petition for more than 20 months, and said that the plea has no merits.
The SC rejected the government plea as it was filed after 650 days when it was required to be filed within 30 days. On the same ground, the court did not consider the petitions of a mining company as it was filed after two years.
Mining in Goa came to a halt in March 2018 following the apex court’s decision to quash the second renewal of 88 mining leases.
The apex court noted that four review petitions preferred by the state had a delay of 650 to 651 days and four pleas are filed by Vedanta Limited (formerly known as Sesa Sterlite Limited) had a delay of 907 day. The top court also observed that “ an application for review of a judgement has to be filed within thirty days of the date of the judgement or order that is sought to be reviewed”.
A division bench comprising justices D Y Chandrachud and M R Shah observed, “No cogent grounds have been furnished for the delay between 20 and 26 months by the two parties in filing their applications for review. The judges comprising the two-judge bench in Goa Foundation II, justices M B Lokur and Deepak Gupta, retired from this Court on December 30, 2018 and May 6, 2020, respectively”.
The SC observed that the state of Goa filed its review petitions in November 2019, after Lokur’s retirement, and Vedanta filed its petitions in August 2020, after Gupta’s retirement. “Such practice must be firmly disapproved (of) to preserve the institutional sanctity of the decision-making of this court. The review petitioners were aware of the decision of this court,” the bench held.
“Keeping in mind the above, we are inclined to dismiss these review petitions on the ground of limitation alone. However, in any event, we also find that no legitimate grounds for review of the judgment in Goa Foundation II have been made out, and dismiss these review petitions on merits as well,” the bench said.



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