The bureaucracy sometimes is the best barometer of which way many winds are blowing. And at times it works closely with other ‘arms’ of the government, namely the law department and the Advocate General, to reflect what the thinking and directives of the highest political executive. While Goa’s ministers, MLAs and MPs are doing frequent shuttles to Delhi to get the BJP top brass to intervene and prolong the life of the expired leases, many being worked by mining barons, the legal opinion as well as that of the mines department is clear – the future of mining in Goa does not have to revolve around the existing big daddy miners.
And this is a cardinal shift in thinking which clearly flows down from the Prime Minister Modi, no less. In fact then PM aspirant Modi, during his election rally in Merces in 2012 had spoken very clearly about the need for mines to be auctioned to ensure profit and earning maximization.
The opinion prepared by the Advocate General of Goa which was incorporated in the note prepared by Secretary Finance to the Cabinet Advisory Committee meeting to plan the future of course of action on the mining imbroglio is significant. The AG is clear that filing of a curative petition in the Supreme Court, in an attempt to allow the existing mining leases to continue to function doesn’t arise.
Interestingly the AG in his note states that he concurs with the view of the former AG and now Additional Solicitor General of India, Atmaram Nadkarni, that there’s no reason why the State government should be giving largesse to existing lease holders
The Advocate General has clearly opined that “filing a curative petition before the Supreme Court does not arise”. He stated that that since the Judgment revolved around the provisions of the MMDR Act 1957, filing of curative petition doesn’t arise. This completely contradicts the view of the CAC and the mining MLAs that the government should file a review petition in the Supreme Court as soon as possible. And while this recommendation will go to Chief Minister Manohar Parrikar, it is very likely that the views expressed in the note prepared by the Finance Secretary to the CAC, are in sync with the Chief Minister’s thinking on the issue, which in turn in tune with what the Prime Minster and the central government wants for Goa. These are realities.
The Mines Department, clearly in the eye of a storm, is in no position to, nor does it want any attrition with the Supreme Court. The Mines Department is of the view the full compliance of Supreme Court order has to be done wef 16.03.2018.
While the auction route of easing out mines may not be the best possible way and can be subject to debate, this is route that has been decided. There appears to be little scope for discussion on this. Underlining this decision is the clarity that the sway, the bargaining power and the strength to influence government making, by its age old mining firms, which was the hallmark of the cream of Goa’s mining industry, is a thing of the past.
