The apex court, which relied on its judgement passed earlier this year, declined the plea of a company -- Bandekar Brothers Private Limited -- seeking to restrain authorities concerned for e-auctioning the mined mineral ore produced by it prior to November 22, 2007.
A special bench headed by Justice J S Khehar said based on the directions issued by the apex court in the Goa Foundation case this year and also considering provisions of the Mineral Rules, "It is not possible for us to accept the prayers made by the the applicant."
"Accordingly, the Monitoring Committee prepared an inventory of all the extracted mineral ore. The inventory included the ore, whether lying at the mine-head or stockyards or jetties or ports in the state of Goa. This Court further directed the sale of the entire extracted ore included in the above inventory was to be made by way of e-auction.
"It was further directed, that the mining lease holders would not be entitled to the proceeds of the e-auction, but only to an approximate cost (not actual cost) of extraction of the mined mineral ores, and nothing more. As such, the prayer made in the instant application, that the state government be restrained from selling the extracted mineral ore, and further that, the applicant be permitted to dispose of the same by itself, cannot be accepted," the bench, also comprising justices J Chelameswar and A K Sikri said.