Clarify on mining leases, HC directs MoEF

Clarify on mining leases, HC directs MoEF
HERALD REPORTER
PANJIM, JAN 29
The Bombay High Court at Goa on Thursday directed the Ministry of Environment and Forest (MoEF) to file a reply clarifying whether any mine having a forest on it, and whose lease has expired, can still continue its operations without the approval of the Central Government under Forest Conservation Act (FCA).
A Division Bench of Justices  P B Majmudar  and N A Britto  has  asked  MoEF to  file its  reply  by March 2  in the writ petition filed by Goa Foundation seeking closure  of the mining activities on mining lease  TC NO 1/51 issued in the name of one Shaikh Saleem, at Cauvre village, in Sanguem taluka. 
The Court has also directed the lessee to maintain status quo till further hearing. The petitioner wants the lease to be declared null and void on the grounds that lease has not been renewed since 1987.
Norma  Alvares, counsel for the  petitioner  told the  Court that mining lease of the respondent expired  in 1987 and, has not been  renewed  by the  State Government. 
First renewal application of the lessee filed on November 21, 1988, is still pending before the State Government. But the lessee continued mining taking benefit of the provision of the Mines and Mineral Act.
Under Section 24 A of the Act, an application will be deemed to be renewed till the State Government passes the order in the case where the renewal application is filed before expiry of the lease.  
However, Adv Alvares argued that in the present case, the mining lease, which consists of about 24 hectares of Government forest requires to  obtain clearance under Forest Conservation Act, before it is renewed by the State Government. The FCA supercedes powers of the State Government to renew the application.
On the other hand, counsel Saresh Lotlikar appearing on behalf of the respondent miner told the court he has environment clearance from the Centre.  He also stated that no mining activities are carried in the subject lease. He however, sought early hearing claiming mining season would end shortly.