PANJIM: The High Court of Bombay at Goa on Thursday rejected the plea of miners, traders and MPT to exempt transportation of ore that is lying at jetties to the port for shipping thus upholding it March 28 order to suspend transportation of ore.
In a special sitting, the Court heard the mining companies and the traders at length. The Court, after hearing their arguments allowed them as interveners in the PIL filed by Goa Foundation. The next hearing is scheduled on April 11, while court has also directed the Director of Mines and Geology to submit an affidavit by examining the matter on case to case basis of the mining companies.
The counsel for mining traders contended that the Goa Foundation PIL should have been filed in the Apex Court. They submitted that they would face financial loses and urged to allow the transportation from jetties.
Senior lawyer Subodh Kantak submitted that the Supreme Court order cannot be interpreted that the transportation of ore has to stop. He submitted that mining operations and transportation is completely different.
Kantak contended that barges carrying ore are in the high seas which are unable to go to the port or come back to the jetties. He also said that jetties do not have the facilities to unload ore from barges.
He argued that the ore that is being transported via barges from the jetties is not causing any pollution and that the royalty on the ore has been paid. He also relied on the permission of the government for transportation of the ore lying at jetties prior to March 15 and argued that relaxation be given to transport ore from jetties which is outside the area of leases.
Advocate Norma Alvares, representing Goa Foundation, submitted that she would require time to reply to the contentions of the miners and traders. However, she said that five weeks time was already given to the mining companies even though the leases were illegal since the year 2007.
She submitted that mining companies cannot say that the government has given permission and hence they were transporting, as the same government has renewed the leases which have been set aside by the Supreme Court.
She also submitted that ore lying at the jetties is public property and not that of mining companies. She informed the court that not a single person had approached the SC to seek clarification about the transportation of ore from jetties.
