Green bench orders arrest of Principal Secy mines
TEAM HERALD
PANJIM: The principal bench of the National Green Tribunal has ordered the arrest of state’s Principal Secretary, Environment and Forest, R K Verma for his failure to comply with its directions in a case pertaining to illegal mining and dumps.
The bench had directed the Principal Secretary, to “depute a responsible officer to personally attend the Tribunal on next date of hearing along with the relevant file” in the case filed by Goa Paryavaran Savrakshan Sangharsh Samitee against mining companies H L Nathurmal & Ors on illegal extraction.
“We are of the opinion, that in view of the non-compliance of the said order, in exercise of our powers and in terms of the provision of Section 19 (4) (a) of the National Green Tribunal Act, 2010 read with Order XVI Rule 10(3) and Section 151 of Code of Civil Procedure, 1908, to issue bailable warrant…” the order says. The warrant is to be issued on 16th July, for a sum for Rs 10,000 to be recovered by the arresting officer if there is no compliance till July 15.
The counsel for Goa has to immediately furnish copy of this order to the Principal Secretary, the order says adding that he had also undertaken to instruct the Principal Secretary about the omission to adhere to directions issued as per order dated 29.05.2013.
However, the bench says that as the state Counsel has given verbal undertaking to comply with the directions within a period of one week, “we deem it proper to withhold the issuance of bailable warrant, if due compliance is reported within one week.”
Walawaikar, the Applicant’s counsel had submitted that the status quo is likely to be changed and stock of the ore stacked around the mine is likely to be taken away by the Respondent No. 1 and that like other cases an inventory may be conducted.
“We deem it proper to accept the submission and direct that identical inventory shall be conducted by the Collector in terms of earlier order dated 29.05.2013. Walawaikar shall furnish copy of the order dated 29.05.2013 along with copy of this order to the Collector and the concerned authorities, by dasti for taking appropriate action,” the bench said.
Counsel for the Applicant submitted that Goa and Union Ministry of Environment and Forests are avoiding to file their replies because they have some ulterior motives.
The MoEF told the bench that the Tribunal had granted three months’ time to make a survey and conduct a detailed enquiry before passing appropriate directions on all of the 139 mines which had been asked to stop mining activities and that the subject is under consideration before the Apex court.
On this the bench stated “In our opinion, that does not mean any excuse available to the Respondent No. 3 (MoEF) to refrain itself from filing the reply.
Also the Counsel for Goa told the bench that he had not received any relevant instructions. The bench directed the Principal Secretary, state Environment and Forest Department to “depute a responsible officer to personally attend the Tribunal on next date of hearing along with the relevant file and shall make serious endeavour to give appropriate instructions to the Counsel appearing for MoEF in this matter.” The bench also directed the MoEF Secretary to give appropriate instructions to the Counsel for filing the reply prior to the next date of hearing.
It had also ordered a status quo to be maintained on dumps which are in the proximity of the mines in question and that no extraction of any ore shall be made from the mines in question.
In another case on the CRZ issue, the bench also issued a bailable warrant against Notices No. 4 & 5 for their non appearance and Rs 20,000 fine, that was later withdrawn after their counsel appeared and promised to be there for the next hearing.
Shah panel tenure extended
NEW DELHI: The Government has extended the tenure of Justice M B Shah Commission, which is enquiring into illegal iron ore and manganese ore mining, giving it time until October to submit its final report.
“The Cabinet, headed by Prime Minister Manmohan Singh, today decided to give the Justice M B Shah Commission an extension of three months,” an official source said.
On reports of large scale illegal mining and failure of States to effectively curb this menace, the Centre had set up the
one-man panel in November 2010. It was initially supposed to submit the final report within 18 months from the date of first sitting.
The Commission had its first sitting on January 17, 2011 and thus, was required to submit the final report on or before July 16, 2012.
However, the Cabinet in July 2012 had decided to give it a one-year extension given the voluminous data the Commission had to collect and compile on mining from seven States, namely, Odisha, Jharkhand, Chhattisgarh, Karnataka, Goa and Madhya Pradesh. It was required to submit its report by July 16, 2013.
The Shah Commission has also been empowered to recommend remedial measures to prevent illegal mining, trade and export done illegally or without lawful authority.
The Commission, which recommended a total ban on iron ore and manganese ore exports, has submitted two interim reports.
Of this, one was on illegal iron ore mining across the country and the other on illegal mining in Goa.
It had also made a few other recommendations on which the Mines Ministry has already initiated some actions. The Cabinet today decided to send the actions taken by the Ministry to a Committee of Secretaries to ascertain whether these measures are appropriate or more actions are required to be taken.
