The Chief Minister has asserted his executive authority as the Chief Minister and the Mines Minister to formulate a mining policy and execute lease deeds, by declaring a fresh set of concrete dates and importantly stating that all 27 lease holders who have paid their stamp duties will have their deeds executed.
However, it is clear to all, that a judgment favourable to the lease holders from the High Court has paved the way for the new assertiveness of the state government in going ahead with the lease deed execution. While this will enable a lot of confusion to be cleared, there is a lot of unfinished business pending which has to be litigation proof. The Chief Minister will have to work overtime to ensure that the mining policy will not only freeze the manner of lease renewals but all further activity with leases in Goa.
He will have to tread a very cautious path since the policy, as per the Supreme Court judgment can and in all likelihood will attract judicial review. That is the time when his executive acumen will once again have to stand the test of judicial scrutiny.
His biggest challenge will be to prove to the Court that the policy entails getting the best price for the ore that s being won and sold. The again, he will have to defend why a State corporation cannot be formed and mining activities cannot be regulated through the State Mineral Development Corporation.
In his written statement which he gave to all MLA’s to study, in the assembly today, he argued the metis and de merits of the above points stating significantly that competitive bidding has “certain risks” of inviting “unknown business interests, referred to as the mining mafia”. He has also ruled out the process of competitive bidding in view of the High Court order to execute leases to those who have paid stamp duties.
Having done this, he needs to allow his forthcoming policy to be watertight on the following counts
a) It will get the state the best returns for leases
b) Mining controls and processes will make adherence to rules a given rather than optional and according to whims of the bureaucracy
c) The MMDR act will be followed in letter and spirit
d) All violations , under Rule 37 and 38 of the MCR rule with regard to mining outside lease areas, will be investigated and action taken including revoking of leases.
If the above four points are taken care of, the grounds for any Court battle will be solid. The possibility of judicial review shouldn’t be the restricting factor if the executive planning and execution of policy is litigation proof. Much of Goa Foundations success in Writ Petition 435, was due to a complete breakdown of mining governance leading to a reckless violation of all acts and rules in various degrees and forms by many players. This time the tables have to be turned where the Government has to display control and its capacity and power to control and punish violations in its mining policy.
One must remember that the vital difference that the Apex Court would like to see is the intent of the government. Last time, Goa Foundation proved quite easily that the intent was just not there to curb mining illegalities and violations. When the Parrikar government freezes its policy, one of its benchmarks should be to ensure transparent intent to clean up.
From his own point of view the Chief Minister cannot go back on dates and assurances. After pressing the restart button, he cannot jettison his plan. While ground realities may delay the actual restart of operations, the path had to be made clear. A beginning was made in the assembly on Monday.
