Team Herald
Panjim: For the very first time, the State government has said what everyone knew but the mining companies needed to hear loud and clear. There are no mining leases. And the companies are not leaseholders
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The government has also held a position that iron ore mining lease activity will not be carried out until auction, but stopped short of saying whether the same companies which owe the government for mining illegalities will be allowed to take part in the auction.
Opposing erstwhile lessees’ contention to continue with the mining leases, the State government on Friday conveyed its decision to the High Court of Bombay at Goa about auctioning the leases, whose renewal stands expired.
The hearing, for the first time, also saw the government and the NGO, Goa Foundation, on the same side considering that the latter has often dragged the government to the Courts on the issue earlier.
“The Supreme Court, in 2020 had directed issuance of fresh leases. Its decision is binding on us and the Division Bench of the High Court of Bombay at Goa had also accepted it. Therefore, the government is left with no choice but to go for fresh leases by way of auction,” Advocate General Devidas Pangam contended.
as the Special Division Bench of Justice Sandeep Shinde and Justice R N Laddha is hearing a petition by former leaseholders challenging government order dated May 6, 2022, directing them to vacate their leases within one month.
In his argument further, the AG also informed the Court that advance notice was issued to the leaseholders about the expiry of their leases. He also cited Section 4 & 5 of The Goa, Daman, and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 stating that leases are appointed from 1961 and not 1987 as claimed by the petitioners. “Renewal granted is not a grant of fresh lease,” he submitted, adding, “State should grant fresh mining lease. We cannot travel beyond. I urge the High Court not to grant any relief in this petition.”
Advocate Norma Alvares, appearing for NGO Goa Foundation – one of the Respondents in the petition, claimed that not a single mining lease was in compliance with the law while in operation. “They have no Environmental Clearance after it was struck down by the Supreme Court. They didn’t have the necessary documents required for mining leases to be in operation. Many had even sub-let their lease while some others had not paid their dues and there have been even instances of under-invoicing besides other violations of the law,” she submitted, mentioning she concurs with the submissions made by the government.
Alvares in fact started her arguments by appreciating that the government is tough in its decision about not renewing the lease. “I concur with the submissions made by AG. First time in a decade since the mining issue came up that I find myself on the side of AG. We have otherwise been on the opposite side,” she quipped.
The Special Division Bench, after hearing the matter the entire day, has postponed the hearing by two weeks.
