Team Herald
PANJIM: In what could spell further trouble for those facing investigation for illegal condonation of delay, the Special Investigation Team (SIT) summoned mining lease holder Anthony D’Souza, whose lease spread across an area of 60 hectares at Sulcorna village in Quepem, was allegedly renewed by the then Congress-led government in violation of the rules.
The Justice M B Shah Commission’s inquiry report on illegal mining has cited this lease as one of the examples of “abuse of power” by the then Mines Minister, along with 40 other cases.
Sources told Herald that D’Souza had filed for renewal of his lease on October 11, 2000, almost 12 years after his lease period expired on November 20, 1988.
Under the provisions of Rule 24A of the Mineral Concession Rules, 1960, the lessee has to file renewal application ‘Form J’ at least 12 months before the date of expiry of lease period but in this case the delay was of 12 years. Citing the MCR rules, then principal mines secretary J K Dadu had declined to
condone the delay, in 2006.
However, the application file was subsequently placed before the then mines director, who allegedly bypassed his senior and moved the file before the minister recommending renewal. The source said the minister had condoned the delay and explained that as per the amended Mineral Concession Rules 2000, under Section 24 (A) (10), the State government can condone an application for renewal provided it is filed before the expiry of the lease.
Former Principal Mines Secretary Rajiv Yaduvanshi – now State approver – has stated that in 2007, when he assumed the office of principal mines secretary, politicians citing the example of D’Souza’s mining lease renewal had allegedly instructed him to follow the procedure in condoning delays in seeking renewal in over 40 mining leases.
The Justice Shah Commission had exposed the condonation of delay granted to those 40 mines in its comprehensive report. “The delay condonation by the (then) minister for mines is against the provisions of law. It is also against the order of the central government which is an ultimate authority as regards the approval/rejection of applications is concerned,” read the report’s findings.
It is also learnt that former Mines director J Bhingui, whose statement has also been recorded before a magistrate under section 164 of the CrPC had alleged that he worked under political pressure.
