24 Mar 2018 | 06:01am IST
GF moves Lokayukta claiming `1,44,000cr loss to exchequer
Names ex-CM Parsekar and two officers in complaint; Seeks investigation and appropriate action against individuals involved
PANJIM: After winning its case in the Supreme Court, Mapusa-based NGO Goa Foundation (GF) on Friday filed a complaint before the Goa Lokayukta against former Chief Minister Laxmikant Parsekar and two others, demanding an investigation into the illegal second renewals of 88 iron ore mining leases in the State claiming that the renewals led to a loss of Rs 1,44,000 crore to the State exchequer.
In its 300-page complaint, GF has made then Mines Minister Parsekar, former Mines Secretary Pawan Kumar Sain and Mines Director Prasanna Acharya as respondents for the illegal grant of mining leases in violation of the Supreme Court judgment and provisions of the Mines and Minerals (Development and Regulation) Act (MMDR). The complaint against the trio has been filed under Section 13(1)(d) of the Prevention of Corruption Act, 1988.
“Initiate an investigation, and after calling for the records of the case, recommend appropriate action against these acts of corruption and abuse of power by the individuals named and any others found to be party to the impugned decisions,” GF has prayed before the Lokayukta.
Speaking to media persons after filing the complaint, GF Director Dr Claude Alvares said the complaint has been filed before Lokayukta with a plea for it to investigate the circumstances that led to the en masse second renewal of 88 mining leases in the State to various private leaseholders, including one multinational corporation, from the period November 1, 2014 to January 12, 2015 through flagrant abuse of power and conspiracy by the persons listed as respondents in this complaint.
“The illegal second renewals were done in order to benefit these private persons and companies. As a result of these renewals, lease holders benefitted by operating the mining leases allocated for nearly three years from the period 2015-2018, till the intervention of the Hon’ble Supreme Court of India which set aside all these illegal renewals. By these orders, vast public monies were handed over as largesse to private individuals and companies for extraneous considerations outside the purview of the MMDR Act,” he stated.
“The total loss to the people of the State is conservatively estimated to be Rs 65,058 crore (recovery from illegal mining between 2007-12), plus Rs 79,836 crore (value of ore lying at the 88 leases) comes to Rs 1,44,000 crores. If interest is added, the amount exceeds Rs 2,00,000 crore,” Alvares said.
The complainant has attached the copies of Supreme Court judgment dated April 21, 2014 and February 7, 2018 along with Bombay High Court judgment dated August 13, 2014 based on which the renewals were granted.
GF has pointed out that large numbers of leases were signed on January 6 and January 12, 2015, just before the MMDR Act (amendment) ordinance was to be issued by the Central Government. It also said that the leases were renewed despite the ongoing investigation by the Special Investigating Team (SIT) and the team of chartered accountants.
GF said that it had filled complaint before Central Bureau of Investigation (CBI) on June 15, 2015, who orally declined to look into the complaint on grounds of jurisdiction and advised the complaint be addressed to Vigilance department. Complaint was filed before Vigilance on June 16, 2015, with no response till date.
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GF avoids naming ailing
CM in complaint
As a matter of decorum, Goa Foundation (GF) decided not to make ailing Chief Minister Manohar Parrikar a respondent in the complaint filed before the Lokayukta, though he had granted renewals to 13 mining leases.
“We have not made Manohar Parrikar party to the complaint. We know he had granted second renewals to 13 mining leases. But since he is ailing, it was not right to accuse him when he is not in a position to respond to the accusation,” GF director Dr Claude Alvares said.
“As a matter of decorum, GF decided not to make Parrikar a party to the complaint. But if tomorrow he recovers and comes back healthy, we will amend our complaint and name him too,” he said adding, “If before that Lokayukta observes his involvement, let them issue the notice.”
Parrikar is currently undergoing treatment in USA.
Legal notice to State over recovery of Rs 65,000cr loss
GF has served a legal notice to the State government for recovery of Rs 65,000 crore from mine owners for undertaking illegal mining between 2007 and 2012.
The notice has been served to Chief Secretary Dharmendra Sharma and Mines Secretary Daulat Hawaldar, stating that the failure to initiate recovery proceedings will force GF to approach the judiciary for necessary directions. The notice was issued eight days ago, Alvares said.
“Section 21(5) of the MMDR Act, 1957 requires a full recovery of the value of minerals when illegal mining takes place. And Rule 64A of the MCR, 1960 requires simple interest of 24 percent,” he said.
Alvares said that an amount conservatively estimated at Rs 65,058 crore is recoverable on account of illegal mining after November 22, 2007 till the ban on September 12, 2012. The value of the minerals exported during this period works out to Rs 65,058 crore, net of royalty received.
