PIL filed by Goa Foundation against 'raising contractors' illegally operating mines
-
06/12/2011
-
Herald (Panjim)
PANJIM: In a major violation, one-third of operational mining leases in Goa are operated by raising contractors, many of whom are politicians.
Goa Foundation, in a Public Interest Litigation (PIL) filed before Bombay High Court at Goa has pointed out that over 30 operational mining leases in Goa are operated by persons or companies other than the lessee.
“There are several mining leases in the State of Goa, which are being operated by ‘raising contractors’, and this practice is not permitted in law,” the NGO has said.
The statistics presented by the petitioner are based on the facts placed before State Legislative Assembly by Directorate of Mines and Geology.
Goa Foundation has told the Court that the Mining regulations, Environment Protection Act and Forest Conservation Act are violated when raising contractors are allowed to operate a mine.
“They are not directly bound to implement the conditions laid down by the environment and forest clearances. In any case, the authorities cannot take action against a contractor for violation of a clearance to which he is not a party,” Goa Foundation pointed out.
The Foundation claimed that according to information sought under RTI, it is learnt Goa State Pollution Control Board (GSPCB) issues consent to operate under Water and Air Act also to parties who are not mining lease holders.
In Goa, politicians and their family members by and large have managed to get into mining business by becoming raising contractors. A few could be Urban Development Minister Joaquim Alemao, Goa PCC chief Subhash Shirodkar, Congress MLA Shyam Satrdekar, independent MLA Anil Salgaocar and Dinar Tarcar.
The NGO has pointed out that Section 37 of the Mineral Concession Rules, 1960, explicitly prohibits a third party from operating the mine without the lessee having obtained prior permission from the state or the Central government.