Team Herald
PANJIM: With hopes of restarting mining in Goa continuously dashed, the State government is set to take the ‘ordinance’ route for resumption of the industry at the earliest.
Sources told Herald that two senior MLAs, one from the North and one from the South have sent private members resolutions to the Speaker to be taken up on Private Members Day.
“A resolution will be taken to recommend that the Centre promulgate an ordinance, which will make leases valid up to 2037,” sources said.
This, sources, reveal is ‘fixing’ between the government, some members of the opposition and the mining companies.
With senior counsel Advocate Harish Salve expressing little scope for a review petition in the mining lease renewal matter, the State can now bank on urging 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 the iron ore activities in the State. However, with this too, the mining activities won’t resume immediately as Environment Clearances (ECs) are invalid.
The Supreme Court, in its judgment dated February 7, had quashed and set aside the second renewals granted to 88 mining leases while directing them to stop the operations after March 15. As per the order, the mining operations in the State are suspended.
Speaking to Herald, a Congress MLA said they would not allow such ‘fixing’. “We will tackle it, let it come up in the Assembly,” he said.
When approached for a comment Congress MLA Aleixo Reginald Lourenco said he will find out whether the resolution is listed for the Private Member’s day. Another MLA Prasad Gaonkar also expressed ignorance about the resolution. Dy Speaker Michael Lobo too said he has not come across any such resolution.
However, sources said, such a resolution cannot be taken as it may boomerang on the government. “If the Centre does not approve of it, this could boomerang on the government ahead of the Lok Sabha polls. Hence I don’t think such a proposal will come,” sources said.
Why an ordinance?
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.
Salve, in his legal opinion on the draft review petition, said there is thin scope for a review petition in the Supreme Court. He said 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 auction leases at this stage considering the time limit, the promulgation of an ordinance is the only way left to ensure mining activities give the leases new life and also to protect the livelihood of over two lakh people.
Sources in the State administration said that as per the Act the mining concessions granted during the 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 that 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.
Ordinance may not help?
Mine owner Harish Melvani had recently told Herald that 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 or 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.
Melvani opined that the best solution at present is that the government declare its ownership on the leases and the ore and for which there is no requirement of fresh EC. “More so, the government can employ its own engineer at all 88 leases and deploy same machinery and trucks for undertaking mining activities,” he said adding that setting up of corporation has its own minus points.
