TEAM HERALD
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PANJIM: Despite the State government crying foul over directions issued to it by the Supreme Court appointed Central Empowered Committee (CEC) and arguing that its high-powered panel headed by a retired High Court judge is on the job, indications point to the contrary.
The state government has argued for lifting of the mining ban on grounds that because of the “remedial measures and steps which were taken by the present State government there was absolutely no occasion for the present petitioners to move a writ petition…”
The government in its affidavit before the Supreme Court has also clearly stated that it did not want the CEC as it “… has serious objections to bringing in outside bodies like the CEC when it had already a appointed high-powered committee headed by a retired High Court Judge and that it…has full confidence in the body appointed by it, comprising a retired High Court judge and other experts, ” claiming that the committee is not only constituted but also functional.
“There was official confirmation about the appointment of team headed by me, somewhere in December. But after that there is no communication,” the head of the committee Justice Khandeparkar himself said, adding, “…was told that the government is working on infrastructure like manpower, office and other things.”
When asked about completion of exercise within the time frame, as notified, Justice Khandeparkar said “Since work has not started as per time, it won’t be possible to complete it within the time frame,” attributing the delay in handing over the matter “may be because government is busy with the Supreme court hearing.”
The affidavit filed before the Supreme Court says that the high-powered committee headed by Justice RMS Khandeparkar, “which has since been constituted and has become functional has been conferred with several powers with wide terms of references.”
Interestingly, the affidavit also says that it “is also of equal importance to point out that the State government had by its decision dated October 3, 2012 (which is much before the filing of the present writ petition) had decided to constitute and appoint a committee under the chairmanship of the senior-most judge (just retired) RMS Khandeparkar to inquire and submit a report to the State government on the various issues raised in Justice Shah Commission of Inquiry.”
The terms of reference of the committee are —
a) Effective control, supervision and regulation of mining operations in the state of Goa by implementing the provisions of law;
b) To report on the loss/pilferage to the public exchequer, on matters of royalty, land cess, forest wealth, mineral resources, encroachments on government land and to identify the wrongdoers in this regard;
c) Offences and illegalities committed in the illegal mining activities in the state of Goa, other than the cases of 42 mines where illegal orders were passed to dole out favours to dead leases by reviving them illegally by condoning the delay from the year 1995 onwards, as the state government has already issued show cause notices to take appropriate action as per law, and by identifying public servants and others in aiding and abetting the offences and illegalities in the mining operations, transportation and causing loss to the public exchequer and gains for themselves;
d) To suggest remedial measures including for co-ordination between various governmental bodies, statutory authorities, etc, any suggestions and measures for regulating mining in Goa under some independent authority.
e) The committee shall take appropriate decisions and recommend and carry out registration of offences and prosecution of those found guilty.
