Says committee of experts must decide capping
GERARD DE SOUZA
NEW DELHI: The Supreme Court on Tuesday asked Goa government on what basis it had placed the mining cap on leases at 45 MT in its draft mining report even as it did not accept the contention of the State government advocate that the case filed by the Goa Foundation should be dismissed.
On the fourth day of hearings which resumed on Tuesday, the Court stressed on seeking answers from the Goa government as well as the CEC on the quantum of the cap that needs to be put in place before resuming mining operations.
Earlier in the day when the Court took up the case, the CEC counsel Adv ADN Rao submitted his concluding arguments, the Court sought to know from the CEC on how to arrive at a figure for capping.
“How do we assess what is the cap? We have to arrive at a figure keeping in mind intergenerational equity and the environmental carrying capacity. Unless that is first known how can we allow (mining to start). That is the first aspect. Simultaneously we have to find out any encroachments etc.,” the Court observed.
The CEC, however, submitted that in the case of Bellary in Karnataka, the Court had, through orders it passed had included parameters for setting the maximum permissible limit.
The limit should be set depending on the total quantum of ore allowed through a macro level Environment Impact Assessment the reclamation and rehabilitation (R&R) for each mining lease and a quantity permitted for a particular taluka.
The Court has indicated that it is of the view that a committee of experts would have to be constituted to arrive at this limit by keeping in mind these parameters.
The State government submitted before the court that it has already begun to take steps to curb illegal mining and that most of the prayers of the petition were already being taken by the State government.
He pointed out to the suspension of the then Mines Director on April 2, 2012 and subsequently the State government suspending trading licences and asking the licensees to reply. “Afterwards out of 461 only 200 (licences were) applied (for) and 47 have been given,” Datar argued.
He also submitted before the Court the other measures that he said the State government has taken. These include redrafting of the Goa (Illegal mining, transportation and storage of minerals) Rules 2004 checking of royalty challans, checking of each truck as it leaves the lease through a system and rechecking of the same at a jetty, barge tracking etc.
The steps pointed out by the State counsel also included sending notices to the lessees “where the condonation of delay has found to be not proper.”
“We are not taking it lightly and drastic steps have been taken well before the petition has been filed,” Adv Datar said.
The Court hearing saw the miners as well as state government officials like the Secretary Mines Pawan Kumar Sain, Director of Mines Prasanna Acharya, and representatives of mining companies such as Avdhut Timblo, Shivanand Salgaocar, PK Mukherjee of Sesa Goa and other mine owners.
Earlier the CEC advocate ADN Rao in his concluding arguments once again pitched for site visits to ascertain the exact quantum of encroachments.
“It would not be proper to impose penalties without exact quantification,” CEC member Jiwrajka told the court. He also recommended that the Court ban mining below the water table except in exceptional cases and excess export over production.
