PANJIM: The High Court of Bombay at Goa has prima facie found that transportation of ore after March 15 is illegal thus upholding the interim order of March 28 suspending transportation of ore extracted from 88 mining leases from the State of Goa.
The Court said that transportation of minerals, in the manner it is done in Goa, of this magnitude, which is sought to be permitted by the State Government, prima facie, would affect the fragile ecology and the well-being of average Goans upon which the Apex Court has stressed.
“In our respectful reading of the Judgment, we prima facie find that when the Apex Court mandated the leaseholders to cease all mining operations and “arrange their affairs”, means deleterious effect must end by 15 March 2018. Therefore, we are of the prima facie opinion that when the Apex Court mandated the leaseholders to arrange their affairs by 15 March 2018, it contemplated ceasing of all forms of activities relating to mining which would have an impact on the environment,” the Court said in its order.
The Court said that the State is unable to show from the SC Judgment that the Apex Court had expressly permitted actual ore extraction activity till midnight of 15 March 2018 and thereafter has permitted transportation to continue indefinitely, irrespective of what impact it will have on the environment.
“The apprehension of the petitioner that under the guise of transportation, with the connivance of the officer, malpractices may ensue, cannot be said to be unwarranted. We note that the Director of Mines and Geology, on 6 March 2018, had directed that no transportation shall be permitted after 14 March 2018 and subsequently, in a meeting held by the Secretary to the Chief Minister, acting as the Chief Secretary, on 21 March 2018, relying on the opinion of the Advocate General, it was decided to allow transportation of royalty paid ore outside the leasehold areas after 16 March 2018,” Court said.
The petitioner, Goa Foundation, submitted in the court that despite the mandate of the Apex Court to cease all mining activities by March 16, 2018 and the mandate to the leaseholders to arrange their affairs by March 15, 2018, the government, through the impugned decisions, is permitting leaseholders to transport minerals ostensibly on the ground that it has been stored outside the leasehold areas.
According to GF it is in violation of the Judgment of the Apex Court, and under the guise of transport, unchecked activities will go on. It is also contended that the leaseholders themselves are kept in charge of the Mines, inspite of their leases having been expired as far back as in the year 2007, on the ground that their presence is necessary for safety of mines.
