PANJIM: The bugle has been sounded. The mining barons have been asked to leave their leases packing all their machinery and equipment. However, the urgency of the move is related to the government wanting to auction the leases according to the decisions that the center is firm on.
Almost one-and-a-half decades after their mining leases expired in 2007, the State government on Wednesday initiated the process to take possession of the 88 iron ore leases by granting them one month – till June 6 – to remove all the machinery and equipment from the leasehold areas. The move appears to be a step towards the e-auction of mining leases.
At a recent meeting in New Delhi, Union Home Minister Amit Shah had directed Goa Chief Minister Dr. Pramod Sawant to fast track the mining e-auction process, which will be through the Goa Mineral Development Corporation.
Pointing out that over six months have elapsed after the expiry of the leases, the Directorate of Mines and Geology (DMG) has asked all the leaseholders, whose leases were quashed by the Supreme Court, to comply with the provisions of Rule 12 (1) (hh) of the Mineral Concessions Rules, 2016 within a period of one month with effect from May 6.
Mines Director Vivek HP has warned of taking further action as per the MMDR Act and Rules if the leaseholders fail to adhere to the notice.
These 88 mining leases came to an end by the virtue of the Supreme Court judgment on April 21, 2014, and again on February 7, 2018. The Apex Court in its 2014 order had noted that the leases, which were operating under the presumption of “deemed extension” in the State from 2007 to 2012 considering it to be a second renewal, had been doing so without the necessary permits. The leases had, in fact, expired in 2007.
In the 2018 order, the Court quashed the second renewals granted to these leases pointing to several irregularities and favouritism while renewing them between November 2014 and January 2015.
Notices have been issued to Sesa Resources Ltd, Vedanta Ltd, Chowgule & Co Ltd, VM Salgaocar & Brothers Pvt Ltd, Kunda Gharse, Salgaoncar Mining Industries Pvt Ltd, Sesa Mining Corporation Ltd, Damodar Mangalji, Bandekar Brothers Pvt Ltd, Sociedade De Fomento, Madachem Bhat Pvt Ltd, Rajaram Bandekar Mines, Geetabala Parulekar, Lithoferro among others.
In the notice, DMG pointed out that post quashing of the second renewals in February 2018, the Court had granted six months’ time to all the lessees to carry out the transportation of minerals. Again, in October 2020, the Court allowed time for the transportation of minerals up to the end of January 2021 for the removal of minerals excavated or mined on or before March 15, 2018 subject to payment of royalties and other charges.
Goa’s first mining era ends: Claude
Goa Foundation’s Claude Alvares said that Goa’s first mining era, which commenced in 1929 with the grant of the first mining concession by the former Portuguese colonial government, has just ended.
“No one knows when the next mining era will begin. It is in Goa’s best interest if it does not commence at all, until and unless the Department of Mines shows it can handle the wealth belonging to all Goans with maturity, responsibility and a total absence of crookedness,” he said.
The legal journey
from start to finish:
82012: Goa Foundation moved the Supreme Court for cancellation of all mining leases in Goa on grounds of corruption and illegalities.
82014: The Supreme Court declared that all mining activity in Goa from November 2007 till September 2012 illegal
8Mining had been carried out without the benefit of valid leases
8January 2015: Goa government granted a second renewal to 88 mining leases, Goa Foundation challenged these orders in the Supreme Court.
8February 2018: Court invalidated the renewals on The Court ordered all mining operations to close by 15.3.2018
82021: GF moved High Court for recovering the lease areas from the control of the former leaseholders.
84 May 2022: Without waiting for the Court to hear the matter, the Goa government itself issued the recovery of lease orders