PANJIM: Opining that there is “no reason as to why the State Government should be giving largesse to the existing mining lease holders instead of conducting an auction”, Advocate General Dattaprasad Lawande is of the clear view that any attempt to divert from the auction process will place the State in a bad light before the Supreme Court as well as in issues of governance.
Advocate General (AG) in his opinion to the government and the Cabinet Advisory Committee (CAC) clearly said that in the wake of records put forth in the Shah Commission report, on-going inquiry by the Special Investigation Team (SIT) and the team of chartered accountants as well as the Vishwanathan Committee, it will be a completely “useless exercise to make any attempts for either filing a curative or a review petition before the Supreme Court”.
Irrespective of the AG’s opinion, the three-member CAC has recommended to the Chief Minister the filing of a review petition in the Supreme Court in the iron ore lease renewal matter. The CAC has also advised
that first a legal opinion on the matter be sought either from Attorney General of India or a person of his rank.
Lawande said that the former AG and current Additional Solicitor General of India Atmaram Nadkarni had, after the Supreme Court judgment in February 2014, opined that the State has to go for fresh leases by way of auction and the second renewals is not the option for the State.
“I fully agree with the said opinion of former AG. There is no reason as to why the government should be giving largesse to the existing mining lease holders. Why not conduct an auction which is the public policy declared in the provisions of the MMDR (amendment) Act 2015,” Lawande said.
“There is no other option available other than the auction route. Any attempts to divert the course of action from that of auction may put the State government in bad light before the Supreme Court as well as in the issue of governance,” he added.
“The mineral policy clearly sets out that auction is the best mode permissible. Even the State government’s Goa Grant of Mining Leases Policy 2014 has also set out the auction mode,” he said further.
The AG further said that in view of decision of Supreme Court all second renewable applications of 88 lease holders cannot be treated as pending as mining lease has come to an end and no deemed fiction available till March 31,2020 to the 88 lease holders.
His opinion stands in the wake of a demand put forth by MLAs from mining belt that the Central Government should amend the Goa Abolition Act 1961, thereby considering the act coming into force from the date it was promulgated by the President of India in 1987, granting further extension to leases.
