PANJIM: It was not just the opinion of legal experts that the State government overruled in deciding to approach the Supreme Court with a review petition in the mining lease renewal matter, which is yet to be filed, but also the administrative opinion of the Mines Secretary. The top Mines bureaucrat was clear that the State should initiate the process to auction leases as per the Mines and Minerals (Development and Regulation) (MMDR) Act.
The Supreme Court in its judgment in the Goa Foundation matter on February 7 quashed and set aside second renewals granted to 88 iron ore mining leases and suspended mining operations from March 16 onwards. It directed the State to initiate a fresh process for grant of leases and environment clearances (EC), which have also been declared null and void.
In the absence of Chief Minister Manohar Parrikar, who failed to work out immediate solution to the problem owing to his sudden illness, the responsibility rested with the Cabinet Advisory Committee (CAC) comprising three ministers, which met only on March 14 to discuss the issue.
The sole item for discussion at the meeting was seeking a solution to mining problem, wherein Chief Secretary Dharmendra Sharma put on record the legal opinion of Additional Solicitor General of India
Atmaram Nadkarni, Advocate General Dattaprasad Lawande and the administrative opinion of
Mines Secretary Daulat Hawaldar.
Hawaldar had opined that the government should immediately commence the lease auction process by appointing a consultant to prepare auction documents. “As per MMDR Act 1957, we should immediately commence the lease auction process by appointing the consultant for preparation of auction documents, for preparation of Geological Report, Survey Report and to identify the electronic auction platform,” the Secretary had said in his opinion, copy of which is in possession of Herald.
The opinion was based following a legal view from Nadkarni and Lawande, who said it would be a futile exercise to make any attempts in filing a curative or a review petition before the Supreme Court. They had even said that diverting from auction process will place the State in bad light before the Apex Court, as well as on the issue of governance.
Following pressure from political colleagues, CAC over ruled the three opinions and recommended to the Chief Minister the filing of a review petition after seeking legal opinion from senior expert Harish Salve.
“Though we are open for auctioning of leases, it is not an immediate solution. The process will take time and until then as an immediate relief, we are planning to file a review petition,” CAC member
Minister Ramakrishna Dhavalikar had said at that time, justifying the decision.
Later, Salve too did not opine in favour of a review petition, stating that it won’t stand in a court of law. Notwithstanding all this, the review petition has now been forwarded to the Attorney General of India for his approval and filing before the Apex Court.
