Goa mining ruling reserved; interim orders on Nov 11

  • 01/11/2013

  • Herald (Panjim)

The Supreme Court on Thursday reserved its judgment on the Goa mining dispute after five weeks of the final hearing on the writ petition of the Goa Foundation. It also fixed November 11 for passing two interim orders, further to its stay on all the mining activities in the state since October 5 last year. The forest bench headed by Justice A K Patnaik decided to pronounce the two orders on the disposal of 11 million tonnes of the extracted iron ore lying on pit heads as dumps since the clamping of the October 5 ban and appoint an expert committee to recommend the cap on the extraction of the ore, with inter-generational equity to ensure all ore is not mined but available to the future generations. The Court agreed with petitioner Goa Foundation's plea that the mining should be regulated so that the iron ore reserves last at least 100 years. It agreed to set up an expert body to carry out assessment of the reserves and fix the quantity of ore that can be extracted every year. Indications came from the judges that the stay on mining activities in force since October 5 last year may continue and the judgment come only after they get the report of the expert committee to be constituted on November 11. Appearing for the Central Empowered Committee (CEC), senior advocate Harish Salve urged the court to allow some mines to operate, so as to protect the livelihood of those dependent on the mining industry. Goa Foundation's senior advocate Prashant Bhushan wound up his arguments, urging the court to break the nexus between politicians, bureaucrats and the mining industrialists looting the mineral wealth indiscriminately. He argued that there should be auction of the mines and they should be allowed to be operated only after they get environment clearances from an independent body of experts. Bhushan argued that the present mine owners are involved in numerous illegalities and violations of the Supreme Court orders as well as the environment and mining laws and regulations and hence "an unmitigated mess brought out before the Hon'ble court cannot be salvaged piecemeal, except by cancellation of all leases and starting on a clean slate." He sought cancellation of all mine leases that expired on November 21, 2007, and running on the alibi of "deemed extension" as it will enable the Goa Government to commence a fresh mining chapter, leaving the past behind. Also, all mining leases and environment clearances be cancelled in case of those falling within the ecologically sensitie areas of Western Ghats that were declared as no-mining zones by Gadgil and Kasturirangan committees appointed by the Environment and Forests Ministry. Bhushan also reiterated his demand for a CBI or Special Investigation Team probe into offences brought out in the Shah Commission report as also in the CEC report as done by the Court in case of the Karnataka mining irregularities.