The only solution that the State government has to the mining imbroglio is an amendment to the Mining Act that would allow the leases in Goa to be considered as still valid. The letter from Chief Minister Manohar Parrikar to Union Mines Minister says, “With the objective to provide continuity to the mining industry, in a meeting held on 19.1.2015 had specifically requested in light of Goa Daman and Diu Mining Concessions and (Abolition and Declaration of Mining Leases) Act, 1987 a specific amendment be introduced. It was requested that the period of leases in the State of Goa be computed from the date when the said Abolition Act received Assent of the President.”
Since February the only option that the government has been considering, besides the review petition in the SC that would be doomed and has been discarded, is attempting to convince the Central government to promulgate an ordinance that will revalidate the mining leases, making them operational again. That’s an option that has its own legal implications and which the courts may not take kindly to. The auction of mining leases, the procedure that is provided for by the law, has been set aside as the government feels it would lead to a delay in recommencing mining activities in the State.
Goa’s efforts at resuming mining have not borne fruit and this amendment to the Mining Act is not a new request. Earlier this year, when the Chief Minister was absent from the State two delegations had travelled to Delhi, making attempts to find a solution to the mining issue. There was no solution. All that the delegations had got from the Principal Secretary to the Prime Minister, was that the issue would be placed before the PM for a solution. Following the CM’s return to Goa from USA in June, he had said that his priority would be the resumption of mining. The CM later led a delegation to the Capital, and a Group of Ministers (GoM) was formed to handle the Goa mining issue. The GoM is yet to meet on the issue and the mining season is days away from its annual scheduled start.
The timing of the letter from the Chief Minister is also interesting. Does the State hope that the Centre will quickly promulgate an ordinance that will amend the Act and revalidate the leases so as to lift the mining ban from October 1? If October may not be possible, MGP leader Ramkrishna (Sudin) Dhavalikar has put a date to the start of mining activities stating that the GoM will meet in the first week of October and the sector will be opened in November. But would such a process in starting mining activities be upheld by the law?
Interestingly, besides introducing financial statistics in the letter to bolster the argument that the State’s economy has suffered due to the ban on mining, the Chief Minister has mentioned of ‘reports of school drop outs, increase in theft and other criminal activities in the mining areas’ and cautioned that the ‘working class cannot be left in such circumstances forcing them to take law into their own hands’. Is this an admission by the Chief Minister that the mining ban has led to lawlessness in the State? Strange he should say this, for he is also the Home Minister.
But while the focus is continuing on restarting mining operations, the recovery of mining losses does not appear to be a priority. If the economy is suffering because of the ban of mining, it would definitely be prudent to speed up the recovery process of the mining losses. Had the government devoted even a little time in the past few months since February to this, the economy could have been in better shape. Unfortunately for Goa, governance has slowed down tremendously, and important tasks remain undone.
