PANJIM: The Goa Foundation, the petitioners in now famous mining petition, whose judgment has benchmarked the renewal of mining in Goa, has strongly indicated its opposition to the Goa government’s decision to renew 28 mining leases, following the directions of the High Court.
In a letter to the Mines Secretary Pawan Kumar Sain, the Director of Goa Foundation Dr Claude Alvares has said “Of these 28 parties, only 18 parties have paid stamp duty calculated by the Mines Department. The balance petitioners do not fall in that category. Of the 18 parties who paid, almost all are guilty of violation under sections 37 and 38 of the MCR Rules. They are also subject to serious inquiries for violation of large number of other environmental and MMDR laws”
Dr Alvares has mentioned that in view of the violations reported, especially in the third report of the Justice M.B. Shah Commission of Enquiry, it is imperative that the government return the money paid as stamp duty to the parties concerned.
Dr Alvares stated that in his opinion, none of these leases can be renewed/granted in view of these violations.
Another point of significance mentioned that stamp duties have been paid by former leaseholders who did not possess a valid lease on the day that they paid the stamp duty, with the Supreme Court declaring that all leases, whose renewals were not executed, “expired” on November 22, 2007
Quoting from the Supreme Court judgment in a mining case in Sandur, known as the Sandur judgment, Dr Alvares has mentioned that “In the Sandur judgment, the Supreme Court has taken the stand that decisions on grant/renewal of mining leases must be taken only on the basis of provisions of the MMDR Act and not as per any consideration that falls outside the act.
The letter asks the mines secretary not to grant/renew any of these leases till such time as the investigations ordered by the Supreme Court have been complied with.
In another letter to the Mines Secretary, on October 8, the Goa Foundation has also requested to be heard and file a case by case factsheet in respect of violation of sections 37 and 38 ( violating lease boundaries) of former lease holders in Goa. The Supreme Court in its mining judgment (435/2012) had directed the Goa government to examine violations under sections. 37 and 38 of the MCR Rules and therefore take action thereon.
“We are apprehensive that the mining companies – when appearing before you – will not disclose all the details that you may require for forming an opinion in the matter. In any case no order in these section 37/38 violations may be passed without hearing the petitioner”, the letter stated.
