1) Govt says: Mining leases were renewed by the State govt, after and based on a policy decision on November 4, 2014 and became effective from the same date
Reality: ‘Policy decision’ of November 4, 2014 was notified only on January 20, 2015, eight days after the last of the 88 leases were renewed. On January 12, the policy by which the leases were renewed, was not notified. On January 20, the policy had no meaning because the MMDR ordinance which did away with renewal of leases dated Jan 12, was already in force. (Readers go to http://www.goadmg.gov.in and under notifications look for The Goa Grant of Mining Leases Policy 2014. In the first paragraph of the policy under, “Notification” check the date, under the name of Director Mines Prasanna Acharya).
2) Govt says: In each of the cases, the IBM report was considered along with duly approved mining plan for 20 years.
Reality: Fresh approvals are needed when second renewals are done under Section 8(3) of the MMDR Act and in many of the cases the IBM approval isn’t there.
3) Govt says: Reasons for approving the leases are available on file and specific orders have been issued under Section 8(3) of the MMDR Act in each of the 88 cases.
Reality: It is mandatory under the same MMDR Act that renewals under 8 (3) should be done only in the interest of mineral development and this has to be specified in each lease why its renewal is in the interest of mineral development. In the orgy of lease renewals – it can only be described that – the “reason” was a copy paste job for each lease renewed, with no specific reason why that lease renewal was in the interest of mineral development.
4) Govt says: Petitioners (Goa Foundation) are seeking to revisit, re-agitate and re-open and raise the same issues concluded earlier.
Reality: Petitioners are challenging the renewals based on a policy which was not notified. The petitioners are challenging 31 renewals on the date the MMDR ordinance which nullifies all further renewals came into force. These are not issues concluded. These are fresh manipulations which defy the Spirit of WP 435.
5) Govt says: Goa Foundation has an ulterior motive and works against the State’s interests, stalling economy and progress in the name of illegality.
Reality: It was the Union Environment Minister under the Congress government and Goa’s BJP Chief Minister Manohar Parrikar who suspended all Environment Clearances for mining leases and ordered suspension of mining activity, respectively. The Goa Foundation didn’t. On the contrary it was the Foundation’s petition (WP 435/1) which paved the way for the restart of mining, in a manner where the State would be able to maximise revenues. The Goa Foundation has been campaigning that it is the State which owns all minerals n behalf of its people and should take control of mining operations with extraction to be given to contractors (which could include present mining companies). This puts wealth back in the hands of people and contributes to economy. So the state government’s presumption is a myth and a lie.
