the goan I network
PANAJI
In what could be a major relief to mining dependents, the State government is hopeful that 15-20 valid mining leases may be allowed to start operations on grounds that these mines are not subject to the Supreme Court’s decision on the cancellation of the 88 mining leases.
According to highly placed sources, the government has sought legal advice on the possibility of allowing these 15-20 valid mining leases to restart operations and a clear picture is expected to emerge in the next few days.
The Supreme Court in its order in February 2018 had cancelled 88 mining leases which had been renewed by the State government. Apart from these 88 mining leases, there are other 15-20 valid mining leases which are not covered under the lease renewal process.
The government has plans to restart these valid mining leases after the monsoon season.
Sources told The Goan that though the government is keen to start operations at these 15-20 mining leases, it is unclear on the exact identity and number of these mines.
“As the model code of conduct is presently in force, the government cannot do anything at this moment. But after the code of conduct is over, the government will begin further process in this direction,” said the source.
Meanwhile, the petition of a mining company challenging the Goa, Daman and Diu (Abolition and Declaration of Mining Lease) Act, 1987 (Abolition Act) is pending before the Supreme Court, after the union mines ministry had sought an early hearing of this appeal filed in 1998.
Sources said when the case comes up for hearing in the apex court, the government will argue in favour of resuming mining and has appointed a legal counsel to appear in court on its behalf.
It may be recalled in 2014-15 out of the 409 applications received from the mining companies, the government had decided to renew 88 mining leases, which was later struck down by the Supreme Court.
The Supreme Court in its judgment passed in February 2018, while setting aside and quashing the second lease renewals of 88 mining leases, had directed the State of Goa to take all necessary steps to grant fresh mining leases in accordance with the provisions of the Mines and Minerals (Development and Regulation) Act, 1957.
It may be noted that during the Portuguese regime in 1930s, Goa had 806 mining concessions, and in 1987 after the concessions were abolished and converted into leases, this number was reduced to 595 leases.
In 1987-88 and in 2000, 438 lease holders had applied for first renewal. Out of 595 valid mining leases, the government cancelled 252 mining leases of lease holders who had not applied during the first or second renewal of mining leases in 1987-88 and 2006-2007 respectively.
In October 2013, 119 mining leases were cancelled, while another 133 were cancelled in November 2013.
The government is awaiting the Supreme Court verdict to interpret whether the 50-year life period for the leases is to be considered from 1961, then all the leases end in 2007 or if it is from the concession
period, 1987 then 2037.
Goa government has passed a resolution to revive provisions of the Portuguese era mining legislation which granted concessions for an indefinite period in a bid to restore mining in the state stalled by the Supreme Court. The demand has been placed before the central government. The ball is now in the central government’s court.
The Goa Mining People’s Front has been seeking the amendment saying that it was the “quickest” way to resume mining.
Legal experts are working on to find a legal solution to the current impasse on 88 mining leases arising out of the SC verdict.
