GLENN D’COSTA
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PANJIM: In a decision that has set the alarm bells ringing, the Department of Mines and Geology has issued an NOC to a trading company, Prime Minerals, effectively owned by Timblo–run Fomento group to transport and export ore through Goa, officials said, opening up a debate on whether this circumvents the total ban orders on transport and export issued by the Supreme Court and whether it effectively amounts to contempt of court.
The decision has raised a furor among activists and members of civil society, who termed the decision as contempt of court and questioned the hurry in not waiting for the Apex court decision. They also expressed fears that the mining illegalities and pollution would come to haunt Goa, as the State would return to square one.
According to the director of mines, Prassana Acharya, the department has issued an NOC for export of the ore that is around 72,000 metric tonnes and transport cess was paid to the government. Mines official said, the ore has been stacked at a jetty in the State and would be transported by barge to minor port at Panjim and this would then be exported.
The Supreme Court’s Friday order (October 5) has banned all mining operations, transportation and export of iron ore in the state following a PIL against resumption of mining operations in the state. The state government had temporarily suspended mining operations in all working mines in the aftermath of the Justice M B Shah Commission of inquiry.
A three-judge bench headed by Justice Aftab Alam took note of the Commission’s report and issued notice to the Centre and State government.
Environmentalist Dr Claude Alvares who had filed the PIL on mining before the Supreme Court when contacted for his reaction to the government decision to allow transportation and export of ore through Goa said, “This is ipso contempt of the Supreme Court orders. The orders cover ban on transportation of ore in the state of Goa.” Alvares went on to say, “This is a back door entry.”
Dr Oscar Rebello, civil society representative said, “The fundamental question is when the matter is pending in the Supreme Court, what is the tearing hurry to transport and export (ore)? Let the order come and then (let them) obey it ~ whether it is mine operators, activists or environmentalists.”
The allowing of ferrying the ore through Goa also raises many questions in any person’s mind as to whether ore (or mud) is being brought from Maharashtra or whether Goan ore will be shipped for export, claiming that it is from Maharashtra. Casting doubts on the very nature of operations, Rebello asked, “What is the mechanism in place to check whether the ore is from Maharashtra or Goa?”
Activist Ramesh Gawas asserted, “This is against the interim order of Supreme Court. It means that the Mining department does not want to obey the order of the SC. It is contempt of the court order.” Apprehending that there would be a chain reaction Gawas feared, “If this is allowed, others will also start (operations).”
Raising questions about monitoring the implications of the questionable move, Gawas asked, “When you do not have data of how much ore is coming from outside the state or where it is getting stacked, then what will stop a company from mixing local ore and then say it is being brought from out?”
Fearing that the state would revert to the lawless mining prevailing earlier Gawas said, “This could lead to a situation that was prevailing earlier ~ back to square one ~ and could lead to what was happening earlier.”
The decision of the Mines department could be a test case to see if the ban can be circumvented and transportation and export of ore will be allowed.
According to officials, the company officials have approached the CoP for allowing the export after the Mines department had cleared the proposal and issued them a NoC certifying that the transport cess was paid to the government. The proposal was apparently cleared by the government after it was moved by the Mines department. Sources say that based on the DMG note, the CoP is preparing to move the file to his higher ups to clear the consignment.
The Shah Commission report had clearly pointed out that one of the main ways illegal mining was carried out was mining outside lease areas stating, “Mining without lease or mining outside the lease area is continuing unabated. Therefore, more and more inspections of the mines are necessary. Not only inspection but the record thereof is also required to be maintained with a specific note that mining operation is in the lease area. If it is found that mining operation is beyond the lease area, immediate action should be taken.”
Justice M B Shah also argued, “… the State should not bend its policies and permit export so as to drain out national wealth and permit activities which adversely affect forest area, environment and encourage exploitation of labourers, even of minors by various methods. Such illegalities would continue because there is inadequate staff, no desire to follow the rules and regulations by the lessees, no will to implement the rules and regulations by the concerned offices and finally, power to take deterrent action is not with one body. In the result, for the time being, till procedure as stated above is streamlined and illegal activities are controlled, export of iron ore and manganese may be banned.”
