Goa Mining: Two petitions in SC give hope to the industry

While the mining dependents continue to hold out hope of revival, others, once dependent on the industry, believe that it is time to move on.

The mining industry of Goa is looking with hope at the two petitions in the Supreme Court seeking to undo the apex court’s judgement of 2017 that brought mining in the state to a standstill.

Petitions seeking resumption of mining in Goa are before the Supreme Court.(Amal KS/HT PHOTO)

The first is a straightforward review petition filed by the Goa government against Supreme Court’s February 2017 verdict but the second one is a special leave petition by Vedanta Ltd, the largest mining company operating in the state, challenging the Goa Government’s rejection of its request to extend the company’s mining lease by 50 years from 1987 to 2037, in terms of Section 8(A)(3) of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act).

On January 8, the Supreme Court directed all parties to reply within four weeks.

he Mines and Minerals Development Act as amended in 2015 states that all mining leases that were operational before the amendment came into force “shall be deemed to have been granted for a period of fifty years.”

However, the Supreme Court had ruled that Goa’s mining leases, initially granted as concessions by the Portuguese, expired in November 2007 and the subsequent renewals by the State government in 2014-15 were illegal and struck them down.

The Supreme Court, made it crystal clear that mining in Goa will cease “until fresh mining leases (not fresh renewals or other renewals) are granted and fresh environmental clearances are granted.”

In this context, Vedanta’s appeal before the Supreme Court seeking ‘renewal’ has raised several eyebrows.

The Goa Government has backed Vedanta’s plea and said it is prima facie in agreement with the company’s contention but for the Supreme Court judgement which “is quite clear in as much as all mining operations in the State of Goa ordered to be stopped with effect from 16/03/2018 until fresh mining leases or other renewals and fresh environmental clearances are granted.”

“As long as the SC judgment is not reviewed or clarified, the State Government, had no option than to reject the request,” Goa Advocate General Devidas Pangam said.

The Goa Foundation, whose petitions brought mining in Goa to a halt has condemned the move to restart mining “behind the people’s back.”

“The Goa Foundation condemns the effort of Vedanta to try and obtain orders behind its back. Disgusting that Government of Goa and Vedanta are still supporting each other’s case in the SC, leaving behind the interests of both the environment and the people of the state,” Director Claude Alvares said.

The mining industry was a major revenue and employment generator for the state and at its peak contributed close to 30% of the State’s GDP.

Earlier this week, Governor Satyapal Malik in his maiden address to the Goa Legislative Assembly, said that his government “is very optimistic of resuming mining operations in Goa during the ensuing season thereby rejuvenating the state’s economy”.

While the mining dependents continue to hold out hope of revival, others, once dependent on the industry, believe that it is time to move on.

“Since mining has been stopped twice, I believe that it is time to move on. We can’t cling on. We have to think of other options,” a former ore trader who declined to be named, said.