PANJIM: With senior counsel Adv Harish Salve expressing that there is little scope for a review petition in the mining lease renewal matter, the option for the State is to urge the Union Government to promulgate an ordinance to amend the Goa Daman and Diu Mining Concession (Abolition and Declaration as Mining Leases) Act, 1987, in order to resume iron ore mining activities in the State. However, even if an ordinance is promulgated, mining activities won’t resume immediately as the Environment Clearances (ECs) stand invalid.
The Supreme Court on February 7 quashed and set aside the second renewals granted to 88 mining leases while directing them to stop the operations after March 15. Following outrage from mining dependents, the Cabinet Advisory Committee (CAC) had decided to file a review petition in the Apex Court after seeking the opinion of a senior lawyer.
Senior Counsel Salve, in his legal opinion on the draft review petition, opined that there is thin scope for a review petition in Supreme Court. He said that the petition won’t stand in the court of law.
In such a situation, and considering that the government is not in the mood to go for auction of leases at this very stage considering the time limit, promulgation of an ordinance is the only option to ensure mining activities continue.
When contacted, CAC member and Minister Francis D’Souza declined to comment on the issue. “So far I have not received any communication from Salve or Chief Secretary on the review petition. It is pre-mature to comment at this stage. The CAC will meet and discuss on the issue once the legal opinion comes,” he said.
Mine owner Harish Melvani said that with the promulgation of an ordinance to amend the Abolition Act will revive the leases by extending the lease life till 2037. “But even after an ordinance, it will take another two-three years for mining activities to resume, as the leaseholders will have to go for fresh ECs as the Supreme Court has also termed ECs invalid asking them to go for fresh one,” Melvani explained.
Sources in the State administration said that as per the act, mining concessions that had been granted during Portuguese-era are deemed to have been abolished, and shall, with effect from an ‘appointed day’, be deemed to be mining leases granted under the Mines and Minerals Act, 1957, adding that if the date is changed then it will mean that Goa’s Portuguese mining concessions became leases under the Indian Act, 1987.
The State had impressed upon the Centre on the appointed date as specified in Section 2(a) of the act: the ‘appointed day’ means the 20th day of December 1961, the sources added.
Furthermore it said that while pressing for an ordinance to amend the Act, the Goa government had sought the date be specified as the day the President of India granted assent to the Goa Daman and Diu Concession (Abolition and Declaration As Mining Leases) Act, 1987.
“If the date is changed, the question of having renewed leases in 2007 will not arise, rendering the Supreme Court decision to strike down the renewals as null and void,” the sources said.
