Panaji: Supreme Court of India slammed the Goa government and Vedanta Limited for filing a delayed review petition after the retirement of the judges who had given out a verdict in Goa Mining case 2018 (Vedanta Vs Goa Foundation).
In the order passed on July 9, 2021 in the review petition, a bench comprising of Justice DY Chandrachud and MR Shah took note of the fact that the Goa government had filed its review petition with a delay of 651 days and post the retirement of Justice Madan Lakur. Vedanta Limited filed its petition with a delay of 907 days and after Justice Deepak Gupta retired.
In February 2018, Justice Lakur and Justice Gupta had cancelled the mining leases which were renewed in favor of the 88 mining leaseholders by the Goa government. The SC had found that the mining license were renewed in contravention of the SC directions issued in 2014.
India’s Apex Court had observed that ‘rapacious mining’ were being carried out in Goa and beneficiaries of such acts were the private leaseholders. Justice Lokur, who had headed the Bench retired from the Supreme Court back in December 2018 while Justice Deepak Gupta retired in May 2020. As per the Supreme Court Rules, review petitions are to be heard by the same judges who pass the judgment, if they are available for the same.
“In accordance with Rule 2 of Order XLVII of the Supreme Court Rules, 2013, an application for review of a judgment has to be filed within thirty days of the date of the judgment or order that is sought to be reviewed. 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 Court noted.
Supreme Court proceeded to dismiss the review petitions citing both limitations and merits.