Team Herald
PANJIM : Stating that ‘mining operations’ and ‘transportation’ are two distinct and different concepts of iron ore activities, the State Government on Wednesday told Bombay High Court at Goa that the process of transportation of the ore taken out of the lease area before March 16, was not stopped by the Supreme Court.
The govt, in its affidavit in the HC in response to the petition filed by Goa Foundation challenging ore transportation beyond March 16, the cut off date for the stoppage of all mining operations has taken the position that the petitioner Goa Foundation for “misguiding the court by substituting the extant actual direction of the Apex Court”. Some of the key points in the 66-page affidavit include
Mining operations not permitted, not mining activity, which includes transportation
The governments affidavit filed by Chief Secretary Dharmendra Sharma, based itself on the ground that mining “operations” were not permitted by the Supreme Court post March 16, and not mining activity.
“In terms of the mining law, it is well settled that mining operations and transportation are two distinct and difference concepts,” Government said in its 59-page affidavit.
“While mining operation means conducting any activity for the purpose of winning the mineral, that is extraction or removal of the mineral ore, transportation is a different process by which ore is transported,” the affidavit stated. The two concepts cannot be used synonymously with each other as is sought to be done by the petitioner.”
The fact that the Honourable Supreme Court has permitted mining operations till March 15, itself implies that extraction or removal of ore could have been done upto March 15,” the affidavit stated, adding that ‘therefore the process of transportation of the ore taken out the lease areas as on March 15 is not stopped and is not part of the Supreme Court judgment’.
“It is well settled by a catena of judgments of the Supreme Court that mining operations can only mean any activity related to winning of the mineral and not other activities. In such circumstances, the contention of the petitioner that even transportation is covered under the term mining operations is not only contrary to the statutory provisions but further against the law laid down by Supreme Court,” Government said.
Government told court that the petitioner is trying to add words to the judgment of the Apex Court, which exercise is impermissible. “The petitioner misguided the court by substituting the extant actual direction of the Apex Court,” it said.
Only 2.25 million tonnes extracted between Feb 7 & March 15, less than same period last year
The Government in its affidavit has also informed that they are not in any way eager to facilitate the leaseholders to continue with leasehold rights unless otherwise provided under the Mines and Minerals (Development and Regulation) Act 1957.
The Government has also contended that the petitioner claim of “vast” quantity of iron ore extraction between February 7 and March 15, stating that it was only 2.25 million tonnes were extracted, compared to the previous year 5.33 million tonnes during the same period.
The Division bench comprising of Justice N M Jamdar and Justice Prithviraj Chauhan has fixed the matter for final arguments on April 24 afternoon, while directing the petitioner and the other respondents (mining companies) to file their rejoinder by April 20. The petitioner had moved High Court challenging government decision to allow transportation of ore, lying outside the lease area post-March 16 stating that it is in violation of Supreme Court.
More so, the Government has also banked its affidavit on the latest Supreme Court judgment of April 4, wherein the court allowed transportation of ore stacked at jetties, barges and port on or before March 15.
“The same makes it clear that any ore which is extracted upto March 15 and stored outside the mining lease in accordance with the rules and on which royalty is paid can be transported even after March 15,” it said.
As per the Government submission, for last three years from 2015-16 to 2017-18, total 37.84 million tonnes of ore was extracted, of which 10.95 million tonnes of ore was for the last financial year. A total 5.17 million tonnes of ore produced during the three years is still lying within leasehold areas.
From February 7 to March 15, total 6.137 million tonnes of ore is transported, while post March 15 total 16,506 tonnes of ore is transported from plots to jetties. The ore is basically the one lying outside lease area and for which the royalty was paid before March 15.
Currently, 3.35 million tonnes of ore is lying at jetties, plants and plots all together.
Further, the government has also declined to accept the allegation of the petitioner that the modification in the directions allowing mining operations till March 15 was under pressure from the leaseholders and the politicians.
