Team Herald
PANJIM: While the focus is on former chief minister Digambar Kamat for allegedly according first renewals to mining leases by condoning the delay in submission of Form J, thereby allowing them to operate under deemed extension provision, there is not much awareness that a majority of the allegedly illegal and unlawful condonations of delay were granted during the tenure of former chief minister Pratapsingh Rane.
The Justice M B Shah Commission inquiry report on illegal mining in Goa identified 42 mining leases that were accorded first renewals by condoning the delay in application. However, of the 42 cases – there are files missing in two cases – 30 leases were granted delayed condonation during Rane’s tenure between 1995 and 1997.
There are ten cases being probed by the Special Investigation Team (SIT), during the time Kamat was Mines Minister and Chief Minister 2006-2007. Interestingly, in 2006 Rane was the Chief Minister. However, the condonation in delay was granted by the Mines Minister, as per the Shah Commission.
The Commission has noted the violation as one of serious illegalities committed by the State government at that time.
In its first report on illegal mining placed before Parliament in 2012, the Commission stated, “It is pertinent to note here that there was a single system of file movement when such delay condonation was accorded by the State Government. The files initiated by the office of DMG have gone to concerned Minister of Mines or Chief Minister. Hence, they are involved in this act of illegal and unlawful delay condonation and in some cases, renewal too.”
The Directorate of Mines and Geology had filed a complaint before SIT against unknown persons based on the Shah Commission report. The case was registered by the SIT.
The date of filing Form J under Rule 24A (10) of the MMDR Act, was after 1989. According to the Shah Commission, under Section 19 of the MMDR Act, 1957, all the leases, where the applications were filed after November 24, 1988 are null and void and have no effect.
“There is criminal misconduct on the part of officials, officers and ministers, who were part of processing the cases illegally and their approval of delay condonation, renewal, etc., and allowed in certain cases to operate the mine even before reaching finality of approvals,” the Commission noted.
