PORVORIM: After the TCP Act passage fiasco that brought in the controversial TDR regulations amendment, Goa Assembly will meet on Friday to pass a resolution recommending to the Centre to intervene and promulgate an ordinance to re-start mining without the State of Goa having to act on stringent strictures passed by Supreme Court of India.
This bid to bypass the Apex Court’s order has the backing of all the BJP, MGP, GFP and NCP MLAs belonging to the ruling coalition, besides a few Congress MLAs including former Chief Ministers Pratapsingh Rane and Digambar Kamat.
Sources within the Congress confirmed that while the party stood steadfast for the resumption of mining in the State, it wants the State to follow the strictures laid by the Supreme Court as a precondition for the resumption of mining. However, partymen in the know of CLP’s floor management revealed that Congress has tabled a legal note submitted to it by a former AG of the State on the biding of mining companies. The legal note has not been seen by most of the Congress MLAs and has been hijacked by two former Congress CMs to be tabled in the House leaving the party red-faced.
As Goa awaits with baited breath whether the State Government will correct all historical wrongs and usher in legal and legitimate mining or will it yield to the legendary mining mafia, it is worthwhile to revisit where the State stands vis-à-vis mining.
The Supreme Court of India directed Goa through its judgment in the Goa Foundation vs Sesa Sterlite Ltd and Ors on February 7, 2018 to (1) stop all mining operations with effect from 16th March, 2018 until fresh mining leases (not fresh renewals or other renewals) are granted and fresh environmental clearances are granted; (2) take all necessary steps to grant fresh mining leases in accordance with the provisions of the Mines and Minerals (Development and Regulation) Act, 1957, the MoEF should also take all necessary steps to grant fresh environmental clearances to those who are successful in obtaining fresh mining leases; (3) take all necessary steps to ensure that the Special Investigation Team and the team of Chartered Accountants constituted pursuant to the Goa Grant of Mining Leases Policy 2014 give their report at the earliest and the State of Goa should implement the reports at the earliest, unless there are very good reasons for rejecting them and (4) take all necessary steps to expedite recovery of the amounts said to be due from the mining lease holders pursuant to the show cause notices issued to them and pursuant to other reports available with the State of Goa including the report of Special Investigation Team and the team of Chartered Accountants.
Earlier during the Assembly, Chief Minister Manohar Parrikar assured Pratapsingh Rane that, “The government has taken all steps required and is making all efforts for the early resumption of mining in the State of Goa”. What, however, hasn’t been admitted or revealed is that only Rs 1500 crore have been recovered from losses in revenue due to illegal mining. A large part remains uncovered.
The State government seems to be toeing the mining sector line rather than the judicial one. It is yet to recover the pending amount from the mining companies/mines owner and no action has been taken by the government to recover the losses as per the recommendation of the Public Accounts Committee and non-government agencies including the recent order of the Supreme Court. The new U-turn and attempt to negate the SC order has come from the CM and Mining Minister Parrikar who now says that Shah Commission report does not quantify the loss of revenue but only has dealt with probable losses on assumed figures.
The House shall be recommending the promulgation of an ordinance by the Centre to bypass all laws so that Goan miners enjoy absolute monopoly and the mining sector remains in the hands of those chosen few who are accused of fleecing the State of its mining revenue and flaying all environmental and statutory necessitates. The Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 (GDDMC Act) was introduced to convert all mining concessions granted by the Portuguese government to mining leases. Because of this Act, the mining leases were valid till 2007. After 2007, all the leases lapsed and since then the leases have not been renewed, at least not legally. The government has been directed to auction the lease areas.
The government has been exploring the possibility of bringing in an ordinance to the existing central laws to allow the earlier leases to continue. However, there is a problem. Under the new Act, all mining leases granted for such minerals before the Bill shall be valid for 50 years. All mining leases granted before the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 shall be deemed to have been granted for a period of fifty years. If an amendment is made to the GDDMC Act wherein the validity of mining leases can be extended to 50 years, in theory at least, mining can resume.
Also, the provision of the MMDR 2015 Act is not applicable to mining leases for which renewal has been rejected or lapsed. Therefore the amendment will either involve setting a new date on which the Portuguese era concessions were converted to leases or, will involve modifying the Clause 5. “General effect of declaring the mining concessions to be mining leases” where a mining lease will extend to a period beyond “6 months” specified in the Act.
