PANJIM: Accusing the State government of adopting a ‘care-a-damn’ approach towards public resources, Goa Foundation (GF) has also taken the Supreme Court’s final judgment in the illegal mining case as its main base to counter the State. It has also slammed the State for losing out revenue to the tune of Rs 2 lakh crore to the mine owners, owing to its failure to auction leases.
In its rejoinder filed on Tuesday to the government’s 107-page affidavit, GF stated that the Apex Court was “fully cognisant that the State of Goa and Ministry of Environment and Forest (MoEF) needed to have a clean slate and begin afresh in view of the various illegalities and violations committed by the lease holders”.
GF also claimed that of the 88 renewed iron ore mining leases, most are located in the 1 km buffer zone area of wildlife sanctuaries and national park and have been identified for several illegalities by the Justice M B Shah Commission in its inquiry report on illegal mining and so also by court-appointed Central Empowered Committee (CEC).
The failure to get clearance from the Indian Bureau of Mines (IBM) for renewals is also a major point raised by GF.
The Foundation also pointed out that the Grant of Mining Lease Policy drafted by the State, based on which renewals were done, was notified in January 2015 and not in October 2014, as claimed by the respondent. The renewal process was initiated between November and January 12, 2015.
GF has filed a Writ Petition before the Supreme Court challenging the second renewals of 88 mining leases under Section 8(3) of the Mines and Mineral Development Regulation (MMDR) Act 1957.
“State cannot adopt a ‘care-a-damn’ approach, as public resources are at stake and careful application of mind is essential for reasonable decisions,” the rejoinder states.
Stating that the submissions made by government on renewals are false and hence need to be dismissed, GF has quoted the Apex Court order dated April 21, 2014 stating, “The order dated 10.9.2012 of the Government of Goa and the order dated 14.9.2012 of MoEF will have to continue till decisions are taken by the State Government to grant fresh leases and decisions are taken by MoEF to grant fresh environmental clearances for mining projects.”
“In other words, the Court was fully cognisant that the State of Goa and MoEF needed to have a clean slate and begin afresh in view of the various illegalities and violations committed by the lease holders in Goa and which had been painstakingly documented by the Justice Shah Commission of Inquiry into illegal mining in Goa,” the petitioner added.
“It is instructive to recall here that even though the Court vacated its stay on mining operations and transport, it continued the stay through upholding the suspension orders of the Goa government and the MoEF, to ensure that till fresh leases were granted together with fresh environment clearances, no mining by present respondents would continue,” it added.
GF argued that if renewal options were no longer available, the only option for the state – after the judgement – was to hold a public auction, since the government was under statutory obligation to provide a level playing field and also to generate maximum revenue, if it continued to want mineral development under 8(3).
GF further pointed out that their Writ Petition No. 435/2012 was filed, for termination of the leases operating in Goa on the grounds that the leases had expired and could not be renewed, in addition to violation of environmental norms and the same was allowed by the court.
“In view of this finding on expiry of validity in terms of the Goa Abolition Act of 1987 and the MMDR Act, 1957, the Court set in motion irreversible actions of directing confiscation of all stocks of ore excavated and left on leases and jetties, their e-auction and deposit of all monies in the public exchequer and the Goa Iron Ore Permanent Fund,” it added.
