08 Dec 2021  |   06:12am IST

HC issues notice to DMG, former lease holders over mining violations

HC issues notice to DMG,  former lease holders over mining violations

Team Herald


PANJIM: The High Court of Bombay at Goa on Tuesday issued notice to Fomentos, Hardesh Ores, Mineira Nationale Ltd, together with the Director of Mines and Geology (DMG), on a petition challenging the continued inaction of the State government into Rule 37 violations by former lease holders.

As per case details shared by petitioner Goa Foundation’s Director Claude Alvares, the Supreme Court in its first judgment on illegal mining in Goa had directed the State government to inquire into all cases of violation of Rule 37 of the Mineral Concession Rules by lease holders in the State. 

Rule 37 does not permit any person or company to operate a mining lease that has not been issued to it, unless there is a prior consent of the State government to transfer such leases. 

“It is common knowledge that a few mining lease holders actually operated several leases that did not belong to them, in addition to those in their own names. Operating a mine in violation of Rule 37 would invite cancellation of the lease, in addition to recovery of ores or their value, under the provisions of Section 21 of the MMDR Act, 1957,” he said. 

Alvares said that it appears from RTI requests that the State government has dilly dallied on inquiries into Rule 37 violation cases on one pretext or the other for the last seven years and there is absolutely no progress in the inquiry. 

The Goa Foundation stated in its petition there is a need for an independent inquiry to be conducted by a former judge of the Bombay High Court.

On Tuesday, the court issued notice to the government and adjourned the matter for further hearing on December 21. 


IDhar UDHAR

Idhar Udhar