TEAM HERALD
teamherald@herald-goa.com
PANJIM: With Supreme Court terming all the mining leases operational in Goa under deemed provision after 2007 as “illegal”, the State is now left with only one valid mining lease renewed during the former Digambar Kamat-led government in 2010. The State had total 118 working and non-working mining leases from 2007 till September 2012.
A senior Mines Department official confirmed that the mining lease at Curpem belonging to Rajesh Timblo, whose renewal expired in November 2007 along with other mines, was renewed for a period of 20 years again in 2010. Hence the mining lease is valid upto 2030.
Apparently, the lease of another mine, owned by Kunda Gharse at Tudov village was also renewed following the Court order. However, the mine falls within one kilometer range of Netravali Wildlife Sanctuary and hence its operation is illegal as per Supreme Court directives. “There are two to three more mines but they all fall under the buffer zone,” the official disclosed.
The State had around 337 mining leases, of which nearly 215 leases were cancelled between October to November 2013, for failing to apply for second renewal before November 22, 2007. They also failed to either apply for the lease’s first renewal or the lease was in operation between November 1987 and November 2007.
“As we have held that the deemed mining leases of the lessees in Goa, expired on 22.11.1987 and the maximum period (20 years) of renewal of the deemed mining leases in Goa has also expired on 22.11.2007, mining by the lessees in Goa after 22.11.2007 was illegal,” the Supreme Court said in its order issued on Monday. Court has said this accrues from the fact that there cannot be deemed renewal of mining leases after November 22, 2007 as per the Mines and Minerals Development and Regulation (MMDR) Act.
The Apex Court has stated that the State Government may grant mining leases of iron ore and other ores in Goa in accordance with its policy decision and in accordance with MMDR Act and the Rules made thereunder in consonance with the constitutional provisions.
Further, the State government, which is currently examining the Apex Court order, is yet to take the decision with regards to the 28 mines whose stamp duty of around Rs 240 crore has been collected for renewal purpose. However, the government is yet to sign the lease agreement with them. As such, the aspect whether these mines become legal or illegal has to be studied after taking proper legal opinion.
