PIL filed in SC to restrain resumption of mining

PTI, NEW DELHI | 27 September 2012 21:41 IST

A petition was filed yesterday in the Supreme Court to restrain the resumption of iron and manganese ore mining in Goa amid a judicial commission estimating a loss of Rs 35000 crore to the exchequer due to illegal mining there since 2000.

The Public Interest Litigation (PIL) petition filed by an NGO, Goa Foundation, also sought setting up of a special probe agency to investigate the alleged loss to the state revenue, the illegalities committed in mining activities and the connivance of public servants in abetting the same.

The NGO, filing the petition through advocate Prashant Bhushan, referred to the report of Justice (Retd) M B Shah Commission and alleged that "iron ore worth Rupees 35,000 crores was plundered by the mining companies, committing theft of Government property."

It said the Commission's report tabled in Parliament on September 7 stated that "illegal activities in mining were underway since the year 2000" and that all the 90 mines in the state were functioning without the mandatory permission from the National Board of Wild Life (NBWL) and 33 of these were within 1.5 kms of the wildlife sanctuaries, well inside the eco-sensitive zone notified by the NBWL.

"The failure of the state to control the illegal mining has led to large-scale destruction of both the forest and non-forest land and as such has adversely affected the livelihood of local people, especially the rural poor," the petition said.

It said due to lack of co-ordination between Department of Mines and Goa State Pollution Control Board (GSPCB), the mines were set up in forest and eco-sensitive areas, close to the streams and rivers, causing severe air and water pollution, degradation of the environment and the loss of bio-diversity.

The NGO said the Directorate of Mines and Geology on September 10 this year had temporarily suspended all mining operations till October 2012, but the suspension did not affect the trade and transportation of ore already mined and existing in the lease hold area, in transit or stores or stocked on the jetties.


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Dear Mr Ratikant.

Your posts sounds only Rhetoric and dont make any sense at all. I request that you get out of your slumber before passing irrational comments.I said 5,000 in one company only.And pls dont expect me to respond to you any further.

The government and the Chief Minister is very educated and learned and will not be influenced by such baseless allegations.It will take a rational decision considering all the factors into consideration.

- Yatin Kenkre, Goa | 04 th October 2012 09:21

 

Yatin Kenkre....Unfortunately, the "BACKBONE" you are describing is diseased,mal-functioning,bending to one side and brittle.

Is your remedy & cure, to carry on regardless?.

Would you treat your own backbone in such a way?

Please first accept, that MIning in Goa is a Political and Bureaucratic mess.

God is the only person that knows what is going on in Goa`s Mining sector.

Remember that Politicians like Digamber Kamat & even Mr Parrikar are well fed by the Miners.They are not interested in your back-bone or that of any other. person.They are only interested in their "BANK-BONES"

- N.Fernandes, London | 02 nd October 2012 12:29

 

Dear Mr. Kenkre, please note that the ground reality is ALL THE Mining IN GOA IS ILLIGAL. and all illegalities must be stopped. It is on record by SHAH COMMISSION that all the mining in Goa is illegal. IT MUST BE STOPPED IMMEDIATELY. Only pro minng loby and their followers feel that mining is their birth right.

In your earlier post you mentioned lakhs of Goans in mining industry. Those lakhs came to only 5000. Are there any more figures? What calibre and quality employment mining is promoting? And If mining is illigal, then are they not working for illigal activities? They too deserve to be sacked.

Mr. Kenkre, please come out of your slumber. Mining is not the back bone of Goan economy. It was made to be felt like that by very few smart and cunning families in goa, those who are in mining. They portrayed that mining is important for goans and gullible, poor, innocent Goan fell for it. They believed that mining was necessary. Over the years lot of water has flown under the bridges of Mandovi and Zuari and BARGES too!

These few mining families looted Goans for decades and want to do the same forever. Your worries are unrealistic. When mining is stopped, Those engaged in illigal mining will feel the pinch. It was easy money. They will start with other activities and no one will be starved. Again the ground reality is illigal Mining must be stopped from Goa. It should be banned forever. All those in mining business should start looking for alternative trade for their livelihood.

- Ratikant, UAE | 02 nd October 2012 11:30

 

To Mr Ratikant -UAE,

You are sitting in UAE and not aware of the ground Reality.It is better that you understand the facts before concluding or before being Rhetoric.It has been proven that mining runs 30% of Goa,s GDP and people are dependent on it.Sesa Goa itself there are 5,000 Employees directly working.

I hope the Government takes a unbiased view and should not be influenced by such arm chair analyst who dont even vote during elections. Lacs are dependent directly and indirectly and also they have voted for this Government. Legal mining has to start and continue.

- Yatin Kenkre, Go | 01 st October 2012 10:09

 

To Yatin Kenkre,

It is a MYTH that mining is the backbone of Goan economy. These few mining families have looted Goa, left and right. Our Lazy Goan elders and their Susegado factor has made this myth to propogate that mining is a must for Goa. Do you have any figures that shows lakhs of Goans are in mining activities? And are they working in the mines? Or mining related activities? As what? Truck drivers? Barge operators? What sort of quality employment does mining provide to Goans? Are our youngsters interested in mining jobs? Do we have any university or college where they teach mining in Goa?

Mining is the destruction of Goa and must be banned forever. It is devastating for our future generations.

Secondly you are comparing tourism to mining. I would suggest Mr. Kenkre not to compare oranges width mangoes. Tourism is totally different subject. Criteria that applies to Mining does not apply to Tourism.

- Ratikant, UAE | 29 th September 2012 11:48

 

These days, after Shah Commission Report, Goa is vertically split into four categories!

Category One: Demands restarting of mining activity. To make this demand heard, Goa Mining Labor Welfare Union, affiliated to AITUC, had a morcha of over 500 people demanding resumption of mining with 15 days counted from last Thursday. Their only contention is: thousands of people are jobless due to closure of mining!

Category Two: NGOs like Green Goa and that of Ramesh Gauns who question Goans whether you want “Khani ya Pani” are up in arms to stop mining. Green Goa through Adv. Prashant Bhushan has already filed a PIL in SC asking to stop restarting of mining activity in Goa. While Sabina of GBA is up to yet another demand! None of them have come to common thinking and this is exactly mining lobby and Politicians accused by Shah Commission wants, thinking that such unparallel thing will divert the attention of Goa government to not initiating action against accused by Justice Shah in his report!!

Category Three: Congress party, without showing their skin, uses their spokes persons like Khalap, Jitendra, Sudip Tamhankar, et. el. to pressurize Goa government to restart mining activity as was before. This category enjoys the backing of mining mafias!

Category Four: Goans supporting present government are seen dancing government tune on the issue.

BUT biggest surprise is NO ONE IS PRESSURIZING THE GOVERNMENT TO INITIATE ACTION AGAINST PERSONS ACCUSED IN THE SHAH COMMISSION REPORT. I wonder why Goa government is delaying the process?

Nevertheless, now that PIL is filed in SC by Green Goa, for very sure, mining being “Natural Resources” their Adv. Prashant Bhushan will definitely draw conclusions and also refer to land mark judgment recently issued by SC in connection with Presidential Reference! As far as this judgment is concerned I’ve few points to make:

One must say that the “Judgment over Presidential Reference is overall a Nice Decision, hopefully the next time no rules are flaunted by the ruling party in allocation of the coal or any other mineral blocks.”

But, I think the voice of Justice Khehar has been lost in the hype created by the media that the SC verdict has legitimized the loot of UPA-II by “not mentioning Auction as the only solution.” The likes of Mr. Sibal will never let the people have attention to this important observation. As a lawyer Mr. Sibal must understand that in the longer discourse of law, all the views of the Jury members are discussed and given their due weight-age.

It will be better if the political parties, instead of gloating who has been vindicated or not, sit down to read the judgment carefully and in detail. There is clearly nothing for anyone to gloat about. Both the views have been found to be imperfect. This is not a US versus THEM issue for the political parties but a question of allocation method of our natural resources of the country. Read carefully, both the sides have been very subtly told to shape up and get their act right else the court will step in again.

Looking at the current state of our economy, the way we are royally screwed, I don't think any govt. who comes in charge next would be able to work wonders... only thing that is possible that they would avoid hazardous decisions & postpone them to create impression & get to stay in power... nothing much can be done by POLITICIANS now... it’s time to hand over the power to someone capable.. of taking strides in different directions... Narendra Modi?

- Uday, Margao | 28 th September 2012 16:14

 

Minining is a backupbone of Goan Economy and it cannot be stopped. Lacs are employed directly and indirectly and have families dependent on mining, Legal Mining has to continue and started as soon as possible. It is Vague logic to stop the full business because of some illegality. The NGO who has filed the PIL should also use the same logic and also file a PIL for stopping all tourism in Goa as it involves some bad elements running Big SEX and Drug Rackets.

Having a headache does not mean that the head should be cut and thrown Off.

- Yatin Kenkre, Goa | 28 th September 2012 14:29

 

A very significant step by NGO, Goa foundation.

Let the mining be ceased forever till the looted wealth of 35'000 crores are returned back to the state treasury.

Why is Mr Parrikar delaying to file the FIR against the ex chief ministers? Any game plan? In delaying tactics? Allow the concerned persons to find the loopholes?

Put these looters and corrupt ministers behind bars. Let them face the music of law.

- Ratikant, UAE | 28 th September 2012 09:32

 

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