Team Herald
PANJIM: The State government has appointed Adv Merusagar Samataray as its counsel in the Supreme Court in the appeal filed by the mining companies.
The appeal is scheduled to come up in the Supreme Court anytime after April 15.
The order issued by Amir Parab, Under Secretary Law Department says, “Government of Goa is pleased to appoint Adv Merusagar Samataray, Standing Counsel in addition to above read order at Sr No 2 to defend the interest of the State of Goa in Civil Appeal Nos 1414-1453/1998 filed by M/s V S Dempo & CO Ltd and Ors v/s Union of India and Ors before the Hon’ble Supreme Court of India, New Delhi as and when matters come up for hearing. The concerned advocate may get in touch with the concerned department.”
It further says Adv Samataray shall be paid fees as per terms and condition laid down by the government vide order No 1.S/1077/93-Part 11/810 dated 23/06/2017
The SC has agreed to hear the matter shortly where Goa Mining People’s Front (GMPF) had also filed an IA in February 2019.
The SC directed the registry to combine all the IAs and list them for hearing. The IA filed by the State mines ministry states that the issue, inter alia, pertains to interpretation and implication of title rights of mining concessions granted by erstwhile Portuguese government which gave such concessions for mining for perpetuity.
The Portuguese law was converted into mining leases under the Mines & Mineral (Development & Regulation) Act, 1957 (MMDR Act). The conversion of law was possible because of the Abolition Act. The SC has to decide on the constitutional validity of the Abolition Act. Incidentally, in its order in 2014, when the SC had capped ore extraction at 20 million tonne, it had held that mining by lessees after 2007 was illegal.
