The department will now consider that such action is being done with the cooperation of the owners of the surface right
Panjim: The Directorate of Mines and Geology (DMG) has instructed the surface right holders including the government departments and communidades, to report on illegal extraction and trade of minor minerals in the State from January 16, failing which they would be also made party to the Civil and Criminal proceedings for illegal activities.
In an circular issued on Monday, DMG director Prasanna Acharya has requested the public so also heads of department of Goa and Central government, functionaries and administrators of Communidades and all the owners or occupants of surface rights to verify on ground as to whether their land is used for the purpose of illegal extraction, storage of minor minerals or in any way used for parking vehicles and other machinery for transportation of minor minerals extracted illegally.
The surface right holders are instructed to file FIR with police, if come across any illegal activities relating to minerals in the State and also to inform the DMG.
“The details of such illegal activities carried out till January 15, shall, upon reporting to the department, be inquired into by the department to ascertain whether such illegal activities were carried out with involvement and knowledge of surface right owner or otherwise,” he said.
“However, any illegal activity carried out after January 16, shall be presumed to be carried out with active involvement of the owner or occupier of the land and the department reserves it’s right to recover the value of the mineral from such occupier /owner of the surface right either jointly or severally,” Acharya stated.
Director has further said if such illegality is carried out with active or passive support from the officers or officials of his department or departments like revenue, police, panchayat, forest or Communidade then they shall be made parties to Civil and Criminal proceeding from January 16.
Acharya said that as per Supreme Court and High Court, it is clear that for illegal extraction, storage, transportation and any trade activity in minerals carried out otherwise and in accordance with MMDR law, should be treated as theft of minerals belonging to the government.