Team Herald
PANJIM: Goa Foundation, the petitioner in the illegal mining case before the Supreme Court, has filed a case of corruption before Vigilance Department against Chief Minister Laxmikant Parsekar, Mines Secretary Pawan Kumar Sain and Mines Director Prasanna Acharya for illegally and fraudulently renewing 88 mining leases.
Goa Foundation has pegged the loss to the State exchequer to the tune of Rs 1,50,000 crore (Rs 1,18,663 crore to be recovered from the mine owners for illegal mining and Rs 79,836 crore through illegal renewals) by renewing the leases of the same lessees identified as being involved in illegalities by the Supreme Court.
Goa Foundation Director Dr Claude Alvares has filed a complaint against the trio for offences committed by them under Section 13(1) (d) of the Prevention of Corruption Act, 1988, by renewing 88 mining leases with a total annual production capacity of 44 million tonnes.
“All the three persons entered into a conspiracy to renew 88 mining leases to several persons in Goa. These renewals were carried out for extraneous considerations and appear to be corrupt acts,” the complained filed on June 17, reads.
“The renewals resulted in colossal losses to the public exchequer and were therefore completely against public interest. They were carried out in wilful violation of the provisions laid down in the Mines and Minerals Development Regulation Act, Mineral Concession Rules, 1960 and Supreme Court’s orders. The actions attract Section 13(1) (d) of the PC Act,” the complainant stated.
Addressing media persons, Alvares said that it’s been two months since the complaint has been filed before Vigilance department no action has been taken till date. “Since the Vigilance department is headed by the chief minister, we were sure that the case will see no headway,” he said.
Alvares, however, ruled out the possibility of approaching the Court at this stage to set aside the renewals. “Large-scale attempt was made by the three persons against whom this complaint is made, together with the mining lobby, to renew leases as speedily as possible before the Ordinance came into effect. In fact, there appears to have been an unholy scramble to grant renewals en masse,” the complaint reads.
“The three persons named in this complaint facilitated and approved the renewals, disregarding all laws, regulations and requirements of the order of the Supreme Court in its judgment dated April 21, 2014,” he said.
The complainant said that the government failed to get clearances of Indian Bureau of Mines (IBM) for the second renewal of the leases, which is must under section 24(3). “Letters were written to the IBM in the week immediately preceding the renewal in the cases of TCs 14/58, 86/53, 41/55, 4/55, 29/55, 14/52, 45/54, 6/49, 10/51, 3/57, 24/57, 48/58,” he said.
“In most cases the Department has not bothered to even wait for the response from the IBM, but proceeded with renewals under deemed approval of IBM. In some cases, where there has been a contrary opinion or a cautionary opinion, this has been simply ignored,” Alvares said.
The complainant also pointed out that 31 mining leases were renewed on January 12, 2015, the day when MMDR ordinance was passed which does not allow renewals under section 8(3).
It was also stated that the leases were granted despite pending investigation against the lease holders before investigating agencies such as SIT and Enforcement Directorate, which are probing the case based on the Shah Commission report.
Referring to the Apex Court judgment, Alvares said that the SC was of the firm view that the leases be granted as per the Constitution, which speaks about maximum revenue to the State government.
