No case for ban, asserts miners’ body
TEAM HERALD/PTI
NEW DELHI: The Supreme Court on Wednesday said it may consider constituting one or two panels for looking into various aspects of iron ore mining in Goa including fixation of annual cap over the volume of extractions with an aim to preserve the mineral for future generations. The Forest Bench headed by Justice AK Patnaik said either one or two separate committees can be appointed to look into two issues of fixing the annual cap on the iron ore mining by keeping in view the principle of inter-generational equity and the environment carrying capacity.
“So, basically two things have to be found out which are the environment carrying capacity and the question of inter-generational equity. May be two expert bodies can also be formed,” the Bench also comprising justices SS Nijjar and FM Ibrahim Kalifulla said.
The Goa Miners Association, meanwhile, asserted that there is no case for banning the iron ore mining in Goa, judged from the past record of 60 years of mining causing no destruction and no damages to the people or their environments.
Contesting the Goa Foundation’s case based on the Justice Shah Commission report before the Supreme Court, its senior counsel Chandra Uday Singh cited how Goa has progressed to complete with the most developed states like Kerala and Himachal Sector in education, health and all human statistics.
Even the lower rung of people are better off in Goa because of mining, he argued. His submissions will continue on Thursday when the 3-judge
Bench headed by Justice AK Patnaik will hold sitting only up to 1 pm.
Earlier, Solicitor General Mohan Parasaran argued on behalf of the Ministry of Environment and Forests while senior advocate Prashant Bhushan submitted a 41-page rejoinder on behalf of Goa Foundation, trashing the submissions made by the mine owners.
SENSITIVE ZONES: Pointing out that the Goa government has sought declaration of six eco-sensitive zones around sanctuaries and national parks, the Solicitor General said a draft notification would be issued soon as a committee set up by the MOEF has already identified the boundary and extent of the safe zones.
He said the Environment Appraisal Committee (EAC) has submitted its report which is confidential as the ministry is yet to decide steps to be taken pursuant thereto. Its report deals with a case-by-case review of reported violations in 137 mine leases, including 49 mining dumps.
The EAC has divided the mining leases into four categories, dividing those within one km of sanctuaries, within 10 km and so on, and it has noted that 123 of 137 environment clearances are without proper clearance. As such they are to be kept in abeyance till approval is obtained and not to be opened if closed for more than five years, while 41 found within one km in violation of orders be revoked, and 20 mining leases renewed.
The Solicitor General also pointed out that the carrying capacity of the region for permissible mining will be decided on the basis of the report of the Indian School of Mines, Dhanbad that was supposed to be received on Wednesday when he was arguing the case.
FRESH AUCTION, CBI PROBE: Bhushan pleaded for terminating all present mining leases and auction of fresh leases in a transparent way in only the non-ecologically sensitive areas. Those winning the leases would then apply for environmental clearances from an independent regulatory body and operate their mines subject to the principles of inter-generational equity, he argued.
Pointing out collusion of government and mining companies, he urged the court to direct constitution of an independent authority for environment clearance and assessment, “independent of government and the mining companies.” It should have experts in ecology, environment and sustainable development and CEC.
Bhushan sought an inquiry by either CBI or a Special Investigation Team (SIT) into offences identified by the Shah Commission and CEC on the same lines on which the court ordered the CBI probe into Karnataka mining scam.
“Similar extensive investigation is required in the State of Goa, where the Goa government has admitted that rampant corruption has prevailed in the mining sector for the last several years, however, commensurate actions are yet to be taken…. All illegal wealth accumulated by mining actors must be disgorged and persons prosecuted.”
Bhushan also pleaded for evaluation of environmental damages caused by mining activity both within and outside lease areas with adequate rehabilitation plan.
Goa Advocate General Atmaram S Nadkarni on Tuesday completed arguments on behalf of the state government that he had begun last week and submitted a 53-page brief of his arguments.
Deadline to convert land extended: CM
PANJIM: Chief Minister Manohar Parrikar has announced that the State government has extended the time limit for mining lease owners to convert the land on which the dumps are located to dump lands, till January 3.
“We had earlier said that they have to convert the lands or the government will confiscate the dumps. The date given was December 3. Now they have to apply by December 20 and pay the fee by January 3,” Parrikar announced.
The State government is also collecting a conversion fee from miners, he said adding by the end of the process nearly Rs 300 crore will be collected. 59 mining lease holders had paid conversion fees, while 41 of them are yet to apply, he said.
