PANJIM: Goa woke up to a shocking news on Sunday of four students of Don Bosco School, Pernem drowning in a laterite quarry on Saturday.
Many in the area had predicted that such a tragedy could happen if the authorities did not pay heed to the illegal laterite quarries in the area.
In fact, some people had approached the National Green Tribunal (NGT), which had asked the State to take strict action on the issue.
The NGT, based on a petition filed by Goa Paryavaran Savrakshan Sangharsh Samitee, had asked the State to take remedial measures and file action taken report within six months.
But sadly, the authorities failed to comply with the NGT directions.
Sources revealed that nothing has been done since April when the order was passed.
On April 3, 2019, Justice Adarsh Kumar Goel, chairperson, Justice K Ramakrishnan, judicial member and Dr Nagin Nanda, expert member heard the petition of applicant Samitee.
Case of the applicant society was that private players had several pits with a view to excavate basalt/masonry and rubble stones of huge value in Pernem and other talukas of Goa.
“After the extraction, the excavated area is left without scientific closure, which is necessary for restoration of environment. This results in disturbance in the eco-system of the area. Apart from being death potential traps for humans and wildlife, there are reported instances of actual tragedies,” the samitee stated in its petition.
The petition said no remedial action was being taken against such illegal operators by the statutory authorities.
“No environmental clearance has also been obtained and unauthorised mining is taking place on Government and forest land also,” they pleaded.
Following this, the NGT on December 12, 2018, sought a joint report from the Deputy Collector/SDM and the Director of Mines.
A report was submitted, which was considered on the last date i.e. February 15, 2019. The Tribunal, however, noted that the reports furnished by the Director of Mines were not complete.
“There was no mention of the steps taken to scientifically close the mines or to coercive measures against illegal mining. Accordingly, a revised report was required to be furnished,” the NGT directed.
Further, the tribunal also perused the revised report filed by the Director of Mines stating that the mining leases are subject to environmental clearance and consent under the Air (Prevention and Control of Pollution) Act, 1981 (Air Act) and the Water (Prevention and Control of Pollution) Act, 1974 (Water Act) by the Pollution Control Board. Raids were conducted to stop illegal laterite stone quarries.
The Mines Department said it has no mandate with reference to scientific closure of quarries under the Minor Mineral Concession Rules, 1985 and such power is with the Collector under the Goa Land Revenue Code.
The Deputy Collector has submitted that proceedings have been initiated under the Land Revenue Code and the Land Revenue Rules against the offending parties for the restoration of land to the original use and a compliance report will be furnished in due course of time.
Interestingly, Learned Advocate General at that time Adv Dattaprasad Lawande fairly accepted the legal position as propounded by the applicants.
He said there is need to educate the officers dealing with the situation in the whole State.
“Apart from prohibiting illegal activities, prosecuting the offenders, recovering compensation for damage, confiscating the equipment and vehicles, the miners can be blacklisted on account of illegal action,” he had said.
Adv Lawande also undertook to the Tribunal that appropriate further corrective measures will be taken by the authorities in the State.
With regards to filling of pits and restoration of the environment, learned Advocate General had suggested a tentative timeline of six months and stated that quarterly reports would be furnished to this Tribunal about the progress in the matter. Further, the NGT had asked the GSPCB to furnish a progress report on the steps taken by it by way of prohibitory and coercive measures, including prosecution and recovery of compensation for damage to the environment.
The NGT said the action of the State of Goa may need not be confined to the area, which is the subject matter of these applications but can cover the whole State.
The tribunal also asked the Chief Secretary to monitor the progress at least once a month.
Finally, the NGT asked the State of Goa to consider constituting special task force to deal with the issues having regard to the magnitude of the problem.
. The petitioner Goa Paryavaran Savrakshan Sangharsh Samitee said that after the extraction, the excavated area is left without scientific closure, which is necessary for restoration of environment. This had led to tragic incidents
. The Mines Department said it has no mandate with reference to scientific closure of quarries under the Minor Mineral Concession Rules, 1985 and such power is with the Collector under the Goa Land Revenue Code
. The Deputy Collector has submitted that proceedings have been initiated under the Land Revenue Code and the Land Revenue Rules against the offending parties for restoration of the land to the original use and a compliance report will be furnished in due course of time
. Then AG Dattaprasad Lawande accepted the legal position as propounded by the applicants. He stated that there is need to educate the officers dealing with the situation in the whole State
. Adv Lawande also undertook to the Tribunal that appropriate further corrective measures will be taken by the authorities in the State
