TEAM HERALD
PANJIM: The Supreme Court will resume hearing the Goa mining case today (October 22), with all parties hoping that the hearings are completed over the scheduled two weeks until the court breaks for Diwali starting November 2.
A three-judge bench headed by Justice A K Patnaik with Justice F M I Kalifulla and S S Nijjar has been hearing the Goa mining petition filed by the Goa Foundation and other intervention petitions and connected matters three times a week since September 17. The matter was heard until October 3 by which time the petitioner Goa Foundation, the state government, the central government as well as some of the mining companies made their initial submissions before the Supreme Court.
While the state government said that it would like to ‘start a fresh page,’ the Centre submitted, ‘we have now woken up’ and the mining lessees’ owners have thus far argued that ‘it doesn’t mean that we have engaged in illegalities.’
The court, on its part, has made several things clear ~ that it will not go into individual illegalities committed by miners, but that it would rather take a decision on the overall mining scene in Goa in the light of article 21 (right to life and personal liberty) of the constitution, which involves protection of the environment.
The Apex Court has shown special interest in awaiting the reports both of the National Environmental Engineering Research Institute (NEERI), Nagpur, which could take as long as three months to be ready as well as the report of the Indian School of Mines (ISM), Dhanbad, Jharkhand.
“We will look at both the reports and ask the CEC to take a decision,” the Court had observed during the hearings.
Both these reports, the former commissioned by the state government and the latter by the central government are expected to recommend a cap on the total mining output considering intergenerational equity, environmental carrying capacity, infrastructural carrying capacity and the need to protect environment, wildlife.
Each mining company have defended various aspects of the ‘illegalities’. Sesa Goa argued on the legality of dumps outside the lease areas, which Justice Shah has termed as illegal. V M Salgaocar Bros have argued on the legality of mines within 1km of wildlife sanctuaries, which Shah has termed as in violation of SC orders. Bandekar and Chowgules have jointly argued on how since they had permissions, they cannot be considered illegal, while Sociedade Timblo Irmaos Limitada argued on the fact that the leases were still legal despite Shah reporting that they had all expired in 2007.
Adv Aryaman Sundaram made a crucial argument on behalf of Chowgule and Bandekar, saying that if the court feels that henceforward dumps outside lease areas, mining close to sanctuaries, etc should be stopped, it did not mean that they had committed illegalities in the past by indulging in those acts.
The court is yet to hear the Goa Mining People’s Front, the Goa Mining Association among others who have intervened or filed petitions challenging the government’s action.
The court will then have to hear rejoinder arguments before arriving at a decision.
