PANJIM | Sept 11, 2015: The Union Ministry of Environment and Forests (MoEF) and the Goa Government are likely to fall in trouble before the Supreme Court over the second renewal of 88 iron ore mining leases and their decision of lifting the suspension imposed on the mining activities and Environment Clearances (ECs) in 2012.

The Apex Court, hearing the case pertaining to illegal mining in Goa, in its order issued in August, has directed MoEF, the State government and the Central Empowered Committee to file their affidavit as to how the ‘directions contained in paragraphs 87 and 88 of our judgment dated April 21, 2014 has implemented and complied with’. (The Court meant para 67 & 68 as the paras 87 and 88 aren’t in the judgment).

These two paragraphs of the Judgment talk about granting fresh leases and fresh EC for mining projects and e-auction of stacked 15 million tonnes of iron ore.

“The order dated September 10, 2012 of the Government of Goa (suspension of mining activities) and the order dated September 14, 2012 of the MoEF (keeping the ECs in abeyance) will continue till decisions are taken by the State government to grant fresh leases and decisions are taken by the MoEF to grant fresh ECs for mining projects,” the para 67 of the judgment reads.

Goa government on January 15, 2015 lifted the temporary suspension imposed on mining activities, after granting second renewals to 88 mining leases under Section 8 (3) of the Mines and Minerals Development Regulation (MMDR) Act 1957. The MoEF also suspended the abeyance of 72 mining leases on March 21.

Both these orders are in violation of the Supreme Court judgment that clearly directed granting of fresh leases and fresh ECs to the mining leases, considering that the deemed mining lease provision as ‘illegal’. The lease life had expired way back on November 22, 2007.

The Court had observed that the deemed mining leases of the lessees in Goa expired on November 22, 1987 and the maximum period (20 years) of renewal of the deemed mining leases also expired on November 11, 2007 and hence mining after that was illegal. “Hence the order issued by State government on September 10, 2012 and MoEF on September 14, 2012 cannot be quashed by this court,” the paragraph added.

The State also illegally renewed 88 mining leases, of which over 17 leases were renewed on January 12, this year, the day when the MMDR 2015 ordinance was notified by the Central Government, which speaks about auction of leases and no renewals. The renewals are currently under scanner of Accountant General of Goa, for failing to obtain clearance from Indian Bureau of Mines (IBM) before renewals.

(Source: http://www.heraldgoa.in/)

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