Lithoferro vs. The State Of Goa State Of Goa . Chief Secretary

COURT NO.13

SECTION TIT

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Civil Appeal No.4683/2018

SALITHO ORES PVT. LTD. & ORS.

Appellant(s) $A$

Respondent(s)

VERSUS

THE CAPTAIN OF PORTS & ORS.

[ ONLY W.P. (C) NO.715/2024 IS LISTED UNDER THIS ITEM ]

WITH

TTEM NO. $75$

W.P. (C) No. $715/2024$ (X)

(FOR EX-PARTE STAY ON IA 125313/2023, FOR CLARIFICATION/DIRECTION 148772/2023, FOR TO FILE $\mathbf{ON}$ ${\tt I}{\tt A}$ PERMISSION ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 148776/2023, FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA $164842/2023$ , $\mathbf{I}\mathbf{A}$ No.90800/2025 - APPLICATION FOR EXTENSION OF INTERIM PROTECTION 22190/2025 - APPROPRIATE ORDERS/DIRECTIONS, $\mathbf{I}\mathbf{A}$ $\operatorname{No}.$ $\mathbf{A}^{\mathbf{T}}$ No.148772/2023 - CLARIFICATION/DIRECTION, IA No. 125313/2023 - EX-PARTE STAY, IA No. 164842/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES & IA No. 148776/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date: 09-05-2025 This petition was called on for hearing today.

$CORAM :$

HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE R. MAHADEVAN

For Appellant(s) :

Mr. S.J. Amith, Adv. Mrs. Maria Carmita Dcosta Mashelkar, Adv. Ms. Vidushi Garq, Adv. Dr. Mrs. Vipin Gupta, AOR Mr. Shyam Divan, Sr. Adv. Mr. Piyush Bhardwaj, Adv. Mr. Ninad Laud, Adv. Mr. Avishkar Singhvi, Adv. Mr. Ms Anant, Adv. Ms. Aanchal Mullick, Adv. Ms. Kamakshi Sehgal, Adv. Mr. Ivo Dcosta, Adv. Ms. Ishani Shekhar, Adv. Ms. Sakshi Raman, Adv. Mr. Aryan, Adv. Mr. Abhinav Agrawal, AOR Mr. Siddharth Seem, Adv.

For Respondent(s) : M/S. K J John And Co, AOR

Mr. Tushar Mehta, SG Mr. K M Nataraj, A.S.G. Mr. Gurmeet Singh Makker, AOR Mr. Sandeep Singh, Adv. Mr. Veer Vikrant Singh, Adv.

UPON hearing the counsel the Court made the following O R D E R

IA NO.120724/2025 IN W.P .(C) NO.715/2024:-

1. This application is at the instance of the Union of India with the following prayers:-

"A. Delete para 4, 5,6 and 8 of the order dated 08.04.2025 passed by this Court in WP(C) No.715/2024 and/or;

B. Pass such other orders as this Hon'ble Court may deem fit in the interest of justice and equity."

2. Our order dated 8-4-2025 reads thus:-

1. We take notice of our order dated 28-2-2025. It is an exhaustive order. We need not reproduce the entire order. The order dated 28-2-2025 was corrected to some extent on 6-3-2025.

2. We had granted five weeks' time to the Union to take an appropriate decision in the matter. However, we regret to note that till this date, the Cabinet Secretariat has not been in a position to take any final decision in the matter.

3. Today, when the matter was taken up for further hearing, we took notice of one Interlocutory Application filed on behalf of the Union of India praying for more time in the matter. According to Mr. Rajesh Madiyal, the learned counsel appearing for the Union, the issue is pending before the Cabinet Secretariat. The Cabinet Secretariat has to place the appropriate proposal before the Union Cabinet.

4. We propose to grant one last opportunity to the Cabinet Secretariat to prepare the appropriate proposal and place it before the Union Cabinet. The Cabinet Secretariat, while preparing the appropriate proposal shall make a reference of our order dated 28.02.2025 and the corrected order dated 6.03.2025 respectively. We expect the Cabinet Secretariat also to look into our order and try to understand the same and thereafter, prepare the appropriate proposal.

5. We direct the Cabinet Secretariat to prepare the proposal within a period of four weeks from today and place it before the Union Cabinet to enable it to take an appropriate decision on the same.

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6. We further direct that at the time of presenting the proposal, our order dated 28-2-2025 and the corrected order dated 6.03-2025 should also be annexed along with the proposal so that the Union Cabinet can look into our order and try to understand in what circumstances we had to pass the order.

7. Post this matter after four weeks to report compliance as to whether the Cabinet Secretariat has prepared the proposal and has forwarded the same to the Union Cabinet or not.

8. We make it clear that for any good reason the Cabinet Secretariat is unable to prepare the proposal and forward the same to the Union Cabinet, we shall proceed to deal with the matter accordingly.

9. Post this matter on 13-5-2025."

3. By this application, the Union wants to bring it to our notice that the Cabinet Secretariat will no longer be preparing any proposal to be placed before the Cabinet for the purpose of taking an appropriate decision. According to the learned Solicitor General, it is the concerned Ministry itself that will take an appropriate decision.

4. It has been stated on oath that the concerned Ministry shall take appropriate decision within a period of one week from today.

5. In view of the aforesaid, our order dated 8-4-2025 should be read accordingly.

6. We hope and trust that the concerned Ministry takes an appropriate decision in accordance with law more particularly keeping in mind the main judgment delivered by this Court as well as various further orders passed by this Court from time to time. Whatever decision the Ministry may take, the same shall be placed before this Court for its consideration.

7. Put it on 19-5-2025.

(VISHAL ANAND) (POOJA SHARMA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)