The widespread and damaging mining operations in Goa over the past two decades have left an indelible mark on the region, particularly affecting the rice fields, water sources, and livelihoods of villagers. The Supreme Court labeled the mining activities in Goa as ‘rapacious’. It proceeded to put a stop to them until appropriate mining leases and environmental clearances were addressed.
Now, discussions around resuming mining are underway, with some mining areas being tendered and auctioned. However, we can’t ignore the poor condition of agricultural fields, orchards, and water sources in these mining-affected communities left by earlier mining. With fields inundated, with stagnant water and weeds, and water bodies filled with mining silt, mining appears to have made agriculture virtually impossible. This was not supposed to be, if one goes by the fancy, elaborate ‘environment clearances’ under which mining was to be conducted.
Does this mean villagers must resign themselves to a future without self-sufficiency in food and water? Not necessarily. Recent developments show that farmers in these regions can successfully remove mining waste from their fields by holding responsible mining companies accountable for cleanup costs.
In a recent case, the Director of Mines and Geology (DMG) ordered three mining companies – M/s R S Shetye, M/s Cosme Costa and M/s Sesa Resources, to each contribute equal amounts towards de-siltation of the paddy field bearing Survey No 45/12 of Village Pissurlem, which a joint inspection by the Government authorities found to be filled with mining silt. The field is adjacent to the mining pits of the aforesaid three companies. Further, the local mamlatdar had reported that the natural lake in the area also needs to be de-silted – estimates for this task are being worked out.
The DMG’s decision followed a Public Interest Litigation (PIL) filed by Hanumant Parab, a villager, on behalf of the Pissurlem village community, which argued that mining silt had rendered their agricultural land totally unusable for the past 22 years. After being apprised by the authorities that the petitioner’s averments were correct, the District Mineral Foundation concluded that ‘the work of de-siltation will have to be done by the mining companies who used to operate in the said area, under the Polluter Pays Principle.’
The ‘Polluter Pays Principle,’ a cornerstone concept in addressing industrial pollution, demands that polluters are liable for the damage they cause and must compensate affected victims and restore the environment. This principle has been applied to mining companies, which have been directed on several occasions in the past by the Agriculture Dept to pay compensation to the farmers for crop loss. The mining leaseholders have therefore accepted the liability and it is now only a question of extending their liability to restoration and rehabilitation of the degraded agricultural fields as well.
Over a decade ago, in 2008, villagers from Shirgao village sought similar relief when three mining companies – M/s Bandekar, M/s Chowgule and M/s Sesa Goa (later Vedanta) – devastated their environment. They wrote to the High Court at Goa, complaining that all 70 wells, in addition to their medicinal springs, had run dry and they no longer had drinking water. The 80 hectares of paddy fields – known as Sawat khazan and Kharat khazan – which once provided them a bountiful harvest had not been cultivated for over a decade. The poim (creek) was choked with silt and huge weeds, almost 6 feet tall, were now growing in the fields, fed by the accumulated salt water. Coconut trees were bereft of their fronds, fruit trees were bare and the dust pollution was unbearable as trucks raced down the village lanes every few seconds, making it simply impossible to live in the village.
Yet they had stayed on, because their village was the home of the Goddess Lairai to whom a temple had been dedicated in the heart of the settlement. Every year, in May, lakhs of devotees visit the village for this week-long festival in her honour – during which time the doors of the village are opened to all the dhonds (pilgrims) and other visitors who traverse long distances, mostly on foot, to worship the goddess. Could the High Court help in any way?
Moved by their plight, the High Court appointed the NEERI to investigate the connection between mining activity and environmental degradation in Shirgao. When NEERI confirmed the link and suggested restoration measures, the District Mineral Foundation came up with a figure of Rs4 crore to restore the 80 hectares of paddy fields.
In December 2021, the High Court directed the government to initiate restoration work, with half of the costs covered by the District Mineral Foundation funds, and the three mining companies contributing Rs 65 lakhs each within the month. The final decision on the allocation of costs would be determined later.
By May 2022 the Kharat lands were de-silted (except for five hectares which were covered in mangroves) and the villagers sowed their first rice crop in June in over 2 decades. When I attended the Goddess Lairai festival in April this year, I was delighted to find that the Sawat khazan fields had also been rehabilitated a few months ago, paving the way for the Directorate of Land Survey to re-install the boundary stones indicating the field property belonging to each farmer. In addition, the entire 2.2 km of the poim had also been de-silted and a brand new sluice gate installed to regulate the flow of the tidal water. The villagers joyfully told me that they planned to cultivate all their fields this year, hoping that they will once again re-live their former memories of bountiful harvests.
The determination and efforts of villagers in Pissurlem and Shirgao villages offer a shining example for other mining-affected communities. There are a large number of other villages in Goa’s mining belt that need similar rehabilitation. By coming together and taking action to restore their environment, these affected communities can also regain their self-reliance and thrive once more. Mining will come to an end once the ore is exhausted. But fields will provide food and livelihoods forever.
(Norma Alvares is an advocate of the Bombay High Court and an activist and campaigner on social and environmental issues)
