TEAM HERALD
PANJIM: After Supreme Court declared all the mining leases in Goa as “illegal”, the much awaited ‘The Goa Grant of Mining Leases Policy, 2014’ classified 90-odd mining leases, operational prior to September 2012 suspension order, into three different categories based on their merits and which would be considered for renewal on case-to-case basis. The Chief Minister said the government has decided to go ahead with signing of lease agreement with only those mines in the first phase, which are not indicted for any violations or for minimal violations.
But here’s a catch. Even as the government relies upon the High Court judgment directing the government to renew 28 lease deeds, the Chief Minister said, that won’t be the case in the first phase. He said that in the first phase only 15-20 mines lease deeds would be executed, for being part of first category, which include those ‘leases which have no violations or very minimal violation of any provision/condition of applicable laws/rules orders/permissions or those which cannot otherwise be referred to as violations.’
“Of the total 28 leases, which have paid the stamp duty and whose lease deeds are to be executed as per High Court order, seven to eight are found to be cited in Justice M B Shah Commission report and Central Empowered Committee report for violation of Mineral Concession Rules 1961,” Parrikar told media persons, adding ‘these are the mines, which fall under second category and would be investigated’.
As per the policy, the second category consists of those leases which have been found to have violated the Provisions of the MCR including Rules 37 and 38 and other matters as mentioned in the Public Accounts Committee report (PAC), Justice Shah Commission report and CEC.
“In this category, the State Government will consider each of the cases on its own merits; and wherever the violations are noticed, subject to the same being remedied by paying appropriate penalty/fines including those of forfeiture, the State Government shall pass appropriate orders in accordance with law,” the policy states.
The Directorate of Mines and Geology has already issued show cause notices to 54 mining leases for violation of Rule 37 and 38 of MCR.
The third category consists of those mining leases which are found to have violated substantially, any provision or condition of applicable laws, rules, orders or permissions and in which cases the State Government shall determine the lease/reject their application for the second renewal.
Not contradiction free
There are two prima facie contradictions in the categorization and conditions laid down for the renewal of leases
a) The lease renewal policy justifies the renewals on account of the High Court directive to renew all 28 leases
But
a) States that 7 to 8 leases indicated in Justice M B Shah Commission report and Central Empowered Committee report for violation of Mineral Concession Rule 1961.
b) The Chief Minister had rejected the Justice Shah Commission stating that it is the State Government which has the mandate and responsibility to formulate a mining policy
But
b) In the Goa Grant of Mining Leases Policy 2014, the government brings the Shah Commission report findings into the ambit of deciding which leases are to be renewed or not.
3 categories of leases
marked for renewal
First category includes ‘leases which have no or very minimal violations of any provision/condition of applicable laws/rules orders/permissions or those which cannot otherwise be referred to as violations
Second category consists of those leases found violating the MCR Provisions including Rules 37 and 38 and other matters as mentioned in the PAC report, Justice Shah Commission Report and CEC
Third category includes mining leases which have violated substantially any provision or condition of applicable laws, rules, orders or permissions and in which cases the State shall determine the lease/reject their application for the second renewal
