In our respectful reading of the Judgment, we prima facie find that when the Apex Court mandated the leaseholders to cease all mining operations and “arrange their affairs”, means deleterious effect must end by 15 March 2018--------------------------------------------------
- Bombay HC at Goa
PANAJI: The Bombay High Court at Goa on Wednesday stayed the transportation of ore already extracted from the mining leases, until the government submits before it a sworn affidavit, stating the reasons behind its decision, after the Director of Mines and Geology refused to take responsibility for the decision.
“Since, we are dealing with a contention that the State is in breach of the Judgment of the Apex Court, it is our duty to carefully examine the matter from all angles, lest the Judgment of the Apex Court is breached,” a High Court bench of Justices NM Jamdar and Prithviraj Chavan ruled.
“We will, therefore, require an affidavit of the Chief Secretary, if it is the stand of the State Government that permitting an activity, as the State has done through the impugned orders and the minutes, is not in breach of the Judgment of the Apex Court,” the court said noting that they inquired with the learned Advocate General as to whether the Director of Mines and Geology, who was present in the Court, would take the responsibility for this decision by filing an affidavit since the Minutes of the Meeting are signed by him.
“We were informed that he will have to take instructions from the State Government and he was not ready to take the responsibility. Thus, we do not have any commitment of any Officer that the actions of the State Government are in consonance with the Judgment of the
Apex Court,” the High Court noted.
The High Court also said it was prima facie of the opinion that when the Supreme Court gave the March 15 deadline, it meant not just excavation but all the “deleterious” effect of mining.
“We are unable to agree with the contention of the learned Advocate General that the Judgment of the Apex Court must be construed narrowly, only on the aspect of renewal of mining leases and not on environmental perspective,” the court noted.
“In our respectful reading of the Judgment, we prima facie find that when the Apex Court mandated the leaseholders to cease all mining operations and “arrange their affairs”, means deleterious effect must end by 15 March 2018,” the court said.
“Therefore, we are of the prima facie opinion that when the Apex Court mandated the leaseholders to arrange their affairs by 15 March 2018, it contemplated ceasing of all forms of activities relating to mining which would have an impact on the environment,” the court noted.
“The State is unable to show us from the Judgment of the Apex Court that the Apex Court had expressly permitted actual Ore extraction activity till midnight of 15 March 2018 and thereafter has permitted transportation to continue indefinitely, irrespective of what impact it will have on the environment. The apprehension of the petitioner that under the guise of transportation, with the connivance of the Officer, malpractices may ensue, cannot be said to be unwarranted,” the High Court observed pointing out that “The transportation of the minerals, in the manner it is done in Goa, of this magnitude, which is sought to be permitted by the State Government, prima facie, would affect the fragile ecology and the well-being of average Goan upon which the Apex Court has stressed.”
The court has said that it will consider this matter, in detail, after the reply of the Chief Secretary is received, but declined to permit the further transportation of ore “to ensure that the State does not commit any breach of the Judgment of the Apex Court.”
“There shall be an ad interim relief in terms of the prayer clause: ‘Pending hearing and final disposal of this petition, a direction to the State Government to order an immediate suspension of transport of all minerals related to the mining activity of 88 leaseholders.’,” the High Court ruled.
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Vedanta terminates
contract workforce
BICHOLIM: After asking several hundreds of its regular employees to remain at home while assuring to pay them their wages, Vedanta has terminated the services of its 350 contract workers in mines at Bicholim and Sakhali-Surla. Aggrieved over the termination of their services, these contract workers met Speaker Dr Pramod Sawant on Wednesday and submitted a memorandum demanding an alternative employment.
According to reports, Vedanta had deployed 250 workers at its Bicholim mines and 100 workers at its Sakhali-Surla mines. With a halt in all mining activity, Vedanta terminated the services of all contract workers.
Meanwhile, Dr Sawant has assured to try and find employment for these workers in other establishments of Vedanta.
Vendanta has around 1,800 regular employees at their mines and most of them have been asked to stay at home with an assurance that they would be paid their salaries.
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Sigh of relief for Goa Sponge:
HC clears air on imported ore
PANAJI: The Bombay High Court at Goa has made it clear that its order halting the transport of iron ore was only in respect to the ore extracted from the 88 mining leases whose renewals were scrapped by the Supreme Court. The instructions came after Goa Sponge and Power Limited approached the High Court extempore alleging that the Director of Mines and Geology had also halted the transport of its ore which was ore that was imported.
Goa Sponge and Power told the High Court that it was importing iron ore lumps from South Africa and after iron ore has been unloaded, the Director of Mines and Geology, through oral instruction was not permitted them to transport the ore, citing an order passed by the High Court.
“The order passed in is in the context of the order passed by the Apex Court in respect of 88 leases of mines which have been cancelled and our order is to be understood in that context. We have not passed any sweeping order of stopping all forms of transportations in the State of Goa. We have passed an order only in the context of the above decision of the Apex Court. Therefore, we do not find that there should be any cause for confusion,” the High Court said.
“Director of Mines & Geology was present in the Court to give instructions to the learned Advocate General and he is aware of the context in which the order is passed,” the High Court noted.
