GERARD DE SOUZA
NEW DELHI: Despite the clamour in Goa to restart ‘legal mining’, the prognosis on the timing and quantum of mining that will be allowed is still unclear, especially, as most of the respondents – save for the state and central governments – are yet to be heard, with no indications of an early closure to the case.
Additionally, the Supreme Court said that the hearings should have begun in November since no reports on mining are ready (based on which the court can reach a decision) and procedures have still to be followed to clear the suspended leases.
“We should have begun the hearings in November, because by then all these reports would have been ready. There was so much noise, that the economy is crashing, and all as if the Supreme Court is responsible for it,” Justice A K Patnaik who heads the three judge bench at the apex court hearing the case said while expressing surprise when informed that the apex court’s ban had come after the bans imposed by the state and central government.
With the state government itself saying that it’ll take “around four months to put everything in place” and the Ministry of Environment and Forests saying that it will receive the report of its EAC only in mid-October the question of restarting mining before that does not even arise.
Since SC is not the only responsible entity for halting mining in Goa, even if the court vacates its suspension order on mining, no mining can restart since a final decision is taken on ECs that were suspended by the MOEF in September 2012.
Surprisingly MOEF commenced its process of review of the ECs after it appointed an expert appraisal committee on ECs for Goa mines on 21st March 2013, a full six months after its suspension order.
As per EPA, 1986 procedures, the EAC will first give its report before Dussehra to the MOEF, which will then decide to renew or cancel the 139 licenses ~some of which the solicitor general admitted were “indefensible”. But this can happen only after a personal hearing to the lessee concerned.
Thereafter, ground survey and inspection will be needed, where there are allegations of encroachments against lessees if any resumption has to be allowed.
The fate of the 19 inoperative leases, 23 leases within one km and those within 10 km of wildlife sanctuaries, but operating without the permission of the National Wildlife Board all hangs in balance.
It is only after this arduous process that the MOEF says it will take a final decision and place it before the court.
Earlier the state government said that the cumulative environmental impact assessment study it had commissioned from the Indian School of Mines, Dhanbad would be submitted only next week.
However, mining companies and the Goa Mining People’s Front, two of the most vociferous proponents of the argument to restart legal mining are yet to make their submissions before the court.
The MOEF has informed the court that it too has commissioned the Indian School of Mines, to do a carrying capacity mining study in Goa whose report would now be ready before October 31. If the ISM study fails to meet scrutiny, the court will have to appoint ICFRE or any other body to provide basis for the capping figure. This would mean an additional two or three month delay.
Added to this are two other reports that the MOEF intends to place before the court ~ the buffer zone for Goa’s wildlife sanctuaries report which will be ready by end October and the report of the committee appointed 9th September to examine the impact of anthropogenic activities on mangrove forest around Dr Salim Ali Bird Sanctuary whose report will be ready by October end.
In addition to the above, the state govt has also informed the court that it is yet to receive a report from the Indian Road Congress on the capacity of Goan roads in mining areas to deal with mining trucks. Also it has informed the court that NEERI was going to do a comprehensive study on rejuvenation of Goa’s environment adversely impacted by mining.
