NEW DELHI: The M B Shah Commission that probed into the illegal iron ore mining in Goa and other states has indicted Sesa Goa Limited and Sesa Resources Ltd of the London-based NRI Anil Agrawal’s Vedanta Group and Rajesh P Timblo for illegal acquisition of the mines in violation of the laws. (see separate report on the Sesa-Dempo deal)
In its report tabled in the Lok Sabha on Monday and in the Rajya Sabha on Wednesday, it has recommended further investigation by a central agency, preferably CBI, into Agrawal’s companies acquiring various mine leases in Goa in violation of the law that nobody can exceed 10 sq km of land for mining.
The Commission was forced to wind up last October by not giving it further extension pointed out that it was recommending the CBI probe because it could not complete the exercise of verifying total leasehold area occupied by the two Sesa firms “because of time constrains.”
It noted that as many as 68 lease holders of the mines had illegally transferred their lease rights or titles for obtaining mines without the previous consent in writing of the State government or without previous approval of Central government as provided under Rule 37 of MCR (Mineral Concession Rules) 1960.
The Commission held that “operation of the mines by persons, firm or a company other than the actual lease holder would not be possible unless there is direct or indirect support from the regulatory authorities,” stressing that this violation of the rule amounts to an offence punishable under the MMDR (Mines an Minerals Development and Regulations) Act of 1957.
Noting that the violators have conveniently avoided to obtain consent in writing from the government for reasons best known to them, the Commission said mostly they are either the companies or partnership firms, some posing as power of attorney holders of the leaseholders, some putting on mask of contractors and some getting “back door’ entry by purchasing more than 50 per cent of shares or equity to take over the management of the lease under their control.
The Commission report deals at length how the two Sesa firms acquired the mines of Dempos. It also referred to a mine under lease to Jose X Cosme da Costa of Cartolim in Pissurlem village in Sattari Taluka whose actual mining operation was being done by the two Sesa firms.
It also questioned the way application in November 1988 from Chandracanta Fandu Naique of Curchorem for renewal of his mine on 69.47 hectares was entertained despite the mine not working since 1975 and pointed out how it was acquired by Rajesh P Timblo through power of attorney through a bogus will. “Deemed renewal (of mine lease) in favour of Rajesh P Timblo is on the face of it is illegal,” the Commission said.
It has recommended that at least Rs 70 crore (actual figures to be calculated) should be recovered from Timblo, besides other actions, as more than 3,39,279 tonnes of iron ore has been removed from the said mine by him from the year 2000 onwards.
The Commission also brought out how Timblo Minerals Private Limited had acquired and operating and controlling the mine actually leased to Noor Mohammad Abdul Karim of Margao as his representative. It also noted that this mine is practically adjacent to the Selaulim dam and that two mines operated by Timblo were brought together through encroachment and “all these illegalities are continuing unhampered.”
It noted just 400 meters from the alleged renewed leased area of Timblos is the Selaulim dam that supplies water to the state of Goa and “hence excavation of minerals and its transportation is bound to pollute the dam water. “This would amount to criminal negligence on the part of the concerned officers,” the report added.
