PANAJI: The State government in its affidavit filed before the Supreme Court has charged Goa Foundation of filing a petition with the ulterior motive of raising funds for itself by jeopardizing the livelihoods of lakhs of mining dependent people in the State.
The affidavit filed by Prasanna Acharya, director of mines in reply to a petition filed by Goa Foundation challenging renewal of 88 mining leases stated, “such the petition may be treated as private interest litigation or as a fund raising petition with ulterior motives by jeopardizing the life of lakhs of mining dependent people in the State of Goa.”
“By filling such petitions and showing thousands of cores of loss to exchequer, the petitioner’s demands donations from the public from India and abroad which is a major source of the funds received by the Petitioner,” the affidavit stated.
The crux of the petition was renewal of 88 mining leases which Goa Foundation had claimed was done en mass in violation of existing rules and with the sole purpose of avoiding auction of leases.
This was denied by the government which stated that after the policy decision was finalized by the State Cabinet on 4 November 2014 and became effective from the same date the process for renewal of the mining leases started from 5 November 2014 up till 12 January 2015.
During this period 88 mining leases were renewed under Section 8(3) of the MMDR Act, out of the 415 pending applications.
The affidavit states that in each of the cases IBM report was considered along with duly approved mining plan for 20 years. The reasons for approving the leases are also available on the file, and specific orders have been issued passed under section 8(3) of this MMDR Act in each of the 88 cases.
The government accused Goa Foundation of attempting to raise issues which have been concluded in the disposed of matter namely Writ Petition (c) 435 of 2012 filed by themselves. “The Petitioners are seeking to re-visit, re-agitate, re-open and raise the same issues concluded earlier.”
Accusing Goa Foundation of pursuing a ‘different agenda’ the government stated, “the experience over the past few years and particularly of late has revealed that the petitioner organization, prima facie seems to be having a different agenda and some ulterior motives.”
It accused the green organization of using the litigation process to target, “vital infrastructure projects such as bridges and garbage treatment plants. The petitioner has despite being aware of the fact that the additional bridge on river Mandovi is the need of the hour and that it causes serious traffic jam, and terrible traffic hazards, yet is objecting and trying to stall the project, which is a project of prime importance for the state on flimsy grounds.”
It accused Goa Foundation of filing a petition before the National Green Tribunal, at Pune to stall the Terecol bridge, “ which is also demanded by the locals, the villagers and the local panchayat and wherein the bridge has been a demand since the last several years.”
It was also brought to the notice of the court that another petition by Goa Foundation in NGT Pune which was transferred to the principal bench at New Delhi, at the request of the government, challenges the construction of a garbage treatment plant which brings a state of the art technology, is in compliance with the Municipal Solid Waste Management Rules, has an approved technology having been approved by the State Government which will deal with the existing garbage as well as the new garbage.
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FAST REWIND
The crux of the petition was renewal of 88 mining leases which Goa Foundation had claimed was done en mass in violation of existing rules and with the sole purpose of avoiding auction of leases.
GOVT KNOCK
\\\"By filling such petitions and showing thousands of cores of loss to exchequer, the petitioner’s demands donations from the public from India and abroad ...\\\" the affidavit stated.
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