Argues govt wants to restart mining in favour of certain Cos
TEAM HERALD
NEW DELHI: The Supreme Court on Tuesday began hearing the petition filed by Goa Foundation popularly referred to as the Goa Mining Case, with Senior Advocate representing Goa Foundation Prashant Bhushan hitting out at the ‘mining mafia’ for becoming a law unto itself.
Bhushan questioned why no action was taken till date against any of the companies that had allegedly indulged in illegal mining and illegal exports nor was any money recovered. He questioned why a complaint had been lodged by the State before its Crime Branch and an FIR lodged only in August 2013. Bhushan also argued that the State Government “has been doing its utmost to regularize and restart mining in Goa in favour of certain companies.”
Calling the measures that the government has taken so far and the affidavits filed in response to this petition, show that the government is unable to make any long term decisions for the good of the State that may involve inconveniencing the powerful miners, Bhushan argued that the Apex Court should not hand over control and regulation of mining until the State government displays adequate potential and proof of its ability to handle the ore resource in public interest and the court is convinced of its seriousness of purpose.
The counsel representing the State government, however, in his brief interruptions during Adv Bhushan’s arguments, said that “the findings [of the Shah Commission] are horrendous and full of errors” and that they are “flabbergasted reading what they said.”
The court during the course of hearings expressed unhappiness with the Ministry of Environment and Forests questioning: “How could these ECs be granted in the first place?” when Adv Bhushan pointed out mining of aquifers, mining below the water table, mining in the wildlife sanctuaries, within one kilometre of the wildlife sanctuaries, etc and demanded that the Solicitor General be sent for. However, the SG was busy with another hearing in the same court and hence could not be present.
Besides reiterating findings of the Shah Commission “that all modes of illegal mining, as stated in the above notification, are being committed in the State of Goa,” Adv Bhushan also submitted before the court that the State government has been woefully inadequate in dealing with the matter.
“Despite the petition being before this Hon’ble Court for a year, no data has been provided by the Goa government to subvert or challenge the data produced by the Justice Shah Commission or by the CEC. The State government is unable to produce its own data on crucial issues. The mining suspension order (of the State government) dated 10.09.2012 talks of “verification and clearance committees” before mining can commence. However, no reports have been produced. Nothing has been produced to show that any investigations have been carried out or to disclose the results of even any department level enquiry. The Justice Khandeparkar Committee has been unceremoniously scrapped after 10 months…” Adv Bhushan said in his arguments.
He also questioned why no action has been taken yet against any of the companies that had indulged in illegal mining and illegal exports or any money recovered and that only in August 2013 has a complaint been lodged by Goa government before its Crime Branch and an FIR lodged.
Adv Bhushan said: “The State government has been doing its utmost to regularize and restart mining in Goa in favour of certain companies. It has collected stamp duties worth Rs 300 crore on several leases with the ostensible purpose of legitimizing their operations. It has been declaring its intention of withdrawing its mining suspension order,” and that “despite more than one year in power, the government has been unable to produce a list of ‘legal’ mines which it can claim are free from all illegalities.
“The measures that it has taken so far and the affidavits filed in response to this petition, that the Goa government is unable to make any long term decisions for the good of the State that may involve inconveniencing the powerful miners and the Court will therefore need to compel the government through its orders till the situation improves,” he said.
“Hence, this Hon’ble Court should not hand over control and regulation of mining at the present moment to the Goa government until the State government displays adequate potential and proof of its ability to handle the ore resource in public interest and the Court is convinced of its seriousness of purpose,” Adv Bhushan further submitted.
The Court also asked how long would it take to implement the recommendations of the CEC, to which the response was “it depends on how cooperative the State government is and the State chief minister has been making statements against the CEC and this Court.”
To that the bench responded: “We are used to it… do not be sensitive to that. It is a part of democracy.”
The case will again be taken up on Wednesday with the petitioners continuing arguments for the first half.
Petitioners pray for
auctioning of leases
TEAM HERALD
NEW DELHI: The petitioners in the Goa Mining Case, have made a clear pitch for auctioning of leases with Advocate Prashant Bhushan impressing upon the Supreme Court that the case in Goa was that of ‘rich lands and poor people’ with just three companies exporting about 70% of the state’s mineral wealth.
“As far as the mining companies are concerned, they have absolutely no vested right. Firstly, the State has only given them a lease and not any ownership. Secondly…all the leases are themselves illegal as they have been given arbitrarily to profit-maximisers for commercial
exploitation of a valuable natural resource without ensuring revenue for the State exchequer and without any transparent and competitive allocation process,” Adv Bhushan submitted.
Quoting the SC’s previous observations in trusteeship, Bhushan said: “It is well said that the struggle to get for the State the full value of its resources is particularly pronounced in the sale of State owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets ‘at a discount’,” making his case for an auction of leases after their cancellation.
