FRIDAY, APRIL 26, 2024
Team Herald
PANJIM: Stating that all 88 iron ore mining leases, whose renewals were stuck down by the Supreme Court in 2018, should have been reverted back to the Goa government by July 31, 2020, NGO Goa Foundation (GF) has pleaded before the Court that the State be directed to take “effective possession” of all the lease areas as well as the dumps outside the leases.
GF, in its application filed before Chief Justice of India (CJI) on September 14, has also sought clarity on its January 30 order allowing transportation of royalty paid ore that is 1.5 million tonnes, alleging that the government has allowed lease holders to transport the material for which royalty has not been paid which is around 7.7 million tonnes.
The application will be placed before the CJI next week along with the plea filed by lease holders seeking additional time for transportation of the ore.
“Since 88 mining leases had procured second renewals which were eventually struck down by this Court by judgment, dated 7.2.2018, the Court first gave a period of five weeks for removal of all materials and for stopping the mining operations,” the applicant stated.
“Thereafter, by a qualifying judgment dated 30.01.2020, this Court was pleased to grant the lease holders an opportunity for clearing out the royalty paid ore on their leases, at their stockyards and jetties by July 31, 2020. That
period is now passed,” it added.
“Since this is a statutory limitation, it is humbly submitted by the applicant herein, that any extension of the period is neither warranted nor in public interest. The leases must have been reverted to the Goa government by July 31. However, if the Goa government failed in performing its statutory duty, may be directed to take effective possession of all the active and passive mining leases in the State of Goa as well as the dumps outside the leases to itself forthwith,” GF prayed.
Further claiming that the Apex Court order dated January 30 has been misused, the GF said that the State Cabinet, in violation of the order, allowed transportation of non-royalty paid ore, around 7.7 million tonnes, the decision which was strongly objected by the Directorate of Mines and Geology (DMG).
“Pursuant to the Cabinet decision, dated February 21, the field was thrown open for movement of ore on which the government became ready to accept payment of royalty, thus, paving the way for transport of minerals from mining leases in open violation of Court’s judgment/order,” the applicant said.
Pointing to government figures, GF claimed that lease holders were allowed to export more than the quantity that was on the lease.
Stating that the Indian Bureau of Mines has not issued any royalty rate for Goa since closure of mining from March 15, 2018, GF alleged that the DMG has allowed payment of challans based on wholly arbitrary values adopted by the leaseholders.
