PANJIM: Goa’s tribal communities under the umbrella of GAKUVED Federation have filed an intervention application before the Supreme Court pleading to dismiss the Special Leave Petition (SLP) filed by mining firm Vedanta challenging the Goa Abolition Act and that a fresh environmental clearance (EC) be made mandatory before granting any further permissions for iron ore activities in the State.
The Federation has pleaded that they be permitted to intervene in the SLP, which is slated for hearing in the Apex Court on Monday, December 14.
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“The petition in the present case is placing reliance on the Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 and seeking to argue that the same was effectuated prospectively. Therefore, it is their contention that considering the prospective application of the 1987 Act, the leases were originally granted in 1987,” the IA said.
“However, the appointed date for deeming concessionaries into leaseholders was 20.12.1961 as under Section 2(a) of the Abolition Act. Furthermore, the judgment of the Bombay High Court in this regard had only held Section 22(1)(a) of the Act to be prospective. Therefore, it is submitted that the SLP filed by the Petitioner herein is misplaced and hence warrants dismissal,” the petitioner pleaded.
The Federation said that it is apposite to note that an extensive Environment Management Plan (EMP) and fresh Environment Clearances (ECs) are an absolute necessity before any further mining permissions are granted.
“The indiscriminate and patently illegal mining activities which have been carried on in Goa have caused irreparable harm to the ecology and the interests of local communities. Such being the case, the applicant urges this Court to mandate fresh Environment Clearances and an Environment Management Plan, regardless of the interpretation of the 2015 amendment,” it added.
They pointed out that the Apex Court in Goa Foundation-I reiterated in Goa Foundation-II observed the need of fresh ECs for the leaseholders independent of the validity of the lease, given the fact that large-scale mining of iron ore led to several adverse impacts including those related to the environment, ecology and health of the people of Goa and these illegalities and irregularities were committed by almost all (if not all) mining lease holders as reported by the EAC.
