There appears to be two different planets operating in the universe of mining in Goa. One is going through the motions of executing the renewals of mining leases, even as the government order clearing renewals of existing eases awaits notification. The other is the challenge to the High Court empowered decision to grant leases, which have been declared “expired” with effect from November 23, 2007.
While these two planets are visible, the government which has begun the process of lease renewals cannot continue to isolate itself from the larger universe where several contentious issues related to the restart of mining continue to remain un-addressed. At the same time, the need to get livelihoods back on track has to be addressed seriously.
Firstly there are ongoing investigations to determine suspected violations made by mining lessees of Rule 37 and 38 of the MCR rules. The first states that leases cannot be sublet, mortgaged or transferred without the previous approval of the central government, while Rule 38 states that two adjoining leases can be amalgamated, only if the period of amalgamated leases shall be co-terminus with the lease whose period will expire first, provided further that prior approval of the Central Government shall be required for such amalgamation. For the uninitiated, many leases will fall foul of these two rules.
Secondly the challenge to these renewals comes from the fact that they are “dead” leases in the eye of the Supreme Court, which are being sought to be brought back to life. This will form the fulcrum of the legal challenge which is building up. This is fundamental to the entire argument which pivots around the question “Can leases which are no more, and were a part of the old system of mining which has been forcibly stopped to clean up, be a party of this system”. It basically means this. Can the two worlds – the old one of rampant irregularities and the new world of transparent and regulated mining, co exist?
On the other hand, there is another world which cannot be ignored, the world of livelihoods and jobs, the world of loans, and of rotting machinery and barges and trucks. The road to recovery may be paved with good intentions like getting banks to giving loan subsides and write offs, but these intentions have not borne fruit.
In the mining belt there is great unease and it is greater than what words can express in editorials such as these. There is a constituency that exists in this very same state and even as legal battles are being fought, the continuous stoppage of work which will spill into its third year can be nerve wrecking for most. A stage has come when the dam of this frustration will burst and this other Goa will take to the streets. While a legal end to the mining logjam will go through twists and turns, the social unrest is clear and its manifestation a given.
Therefore, while there is strong ground to support any move to ensure that past mistakes of mining are not committed and violators slip back in through the back door, there is a stronger ground to push for a speedy restart process by quick decisions on the manner of the granting of leases. The bottom line is that the need to restart mining is as important as the need to prevent illegal and uncontrolled mining with the hangover of past mistakes lurking.
Unless this balance is found, the stoppage of mining will not be seen as a cooling off period to put the house in order, but seen as period of economic destruction from which Goa will never be able to recover.
The next three months will be all about striking that balance, keeping in mind that while the new order of regulated mining starts, one remnant of the old order cannot be forgotten – the common mining affected people.
