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MINING IMBROGLIO
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MAKING A STRONG CASE
* Sources inform that the state government will make a case that it has followed every direction issued by the Supreme Court in the previous order
* The State govt will tell the SC that it has put several systems in place to monitor and track the movement of ore to ensure that there is no illegal mining
* The govt will also inform the Apex Court that its mandate that a cap on extraction of ore be imposed at 20 million metric tons was religiously followed
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PANAJI: The State government is preparing a detailed advisory note on the recent Supreme Court’s judgement to be submitted before the legal team that will present a case before the Supreme Court seeking review of the order of February which cancelled the renewals of 88 mining leases.
The State government, which has already announced it will file a review petition, through another senior counsel, after Additional Solicitor General opined that it would be a fool’s errand to file a review petition, will seek highlight several points and lacunae in the Supreme Court’s order.
Speaking to The Goan, sources in the government informed that the state government will make a case that it has followed every direction issued by the Supreme Court in the previous order and has put several systems in place to monitor and track the movement of ore to ensure that there is no illegal mining, and that the Supreme Court’s mandate that a cap on extraction of ore be imposed at 20 million metric tons was religiously followed.
Senior member in the cabinet and member of the Cabinet Advisory Committee, Sudin Dhavalikar confirmed that the State Government would be placing certain points before the Supreme Court through a review petition, as well as seek a clarification from the Supreme Court on the various practical issues that the order has thrown up.
Other sources in the government too confirmed the decision.
“In the Supreme Court’s previous order they have mandated that the extraction of iron ore be capped at 20 million metric tons per annum. What was the rationale behind this figure? It implied that if you restrict your extraction to 20 MMT, all other concerns especially that of environmental regulation is taken care of because there is a cap,” a source familiar with the matter who declined to be named because he was not authorized to speak, said.
Among other contentions expected to be raised before the Supreme Court include justification of the government’s decision to renew mining leases en masse before the new MMDR Ordinance came into force, saying that it was not automatically illegal if the mines were renewed as per the provisions of the laws in force on that date.
One of the contentions that the Supreme Court took offence to was the fact that the State government renewed mining leases en masse, which the Goa Foundation had alleged was purely to bypass the MMDR ordinance which would come into force the following day and would mandate that auction was the route to hand over mining leases.
The government will also argue that the Supreme Court’s observation that “the decision was taken only to augment the revenues of the State…” was difficult to comprehend because on one hand the Supreme Court was saying that the government needed to maximise revenue through either an auction or any other means that maximizes revenue but on the other hand they are saying that the decision was taken only to augment revenues.
A separate review petition will be filed before the Supreme Court where these points will be placed before the SC seeking relief from its earlier order cancelling all leases.
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FOMENTO & VEDANTA FILE SLPs,
HEARING IN APEX COURT TODAY
PANAJI: Mining companies in Goa -- Fomento Resources, Sociedade de Fomento Industrial Pvt Ltd and Vedanta Ltd have filed a special leave petition before the Supreme Court which has been listed for hearing on Wednesday.
The mining companies will place before the Supreme Court their pleas to have mining transported allowed for ore that has been mined prior to March 15, 2018, for which royalty has been paid and the ore has been moved outside the leasehold area.
The transportation has been stopped by the Bombay High Court at Goa through an ad interim order.
The Cabinet Advisory Committee which met on Tuesday resolved to allow additional solicitor general Atmaram Nadkarni to place before the Supreme Court the stand of the state government on the transportation of ore.
