PANAJI: The three-member cabinet advisory committee (CAC), in its first official meeting on Wednesday, recommended that the state government file a review petition in the
Supreme Court against the stopping of
mining, while advocate general of Goa Dattaprasad Lawande said the state has “no other option other than the auction route”.
The CAC members—PWD minister Ramkrishna ‘Sudin’ Dhavalikar, TCP minister Vijai Sardesai and urban development minister Francis D’Souza—said their unanimous opinion was that the state should file a review petition to allow mining till alternative arrangements are made. The SC in its February 7 order had cancelled 88 mining leases, stopping of mining from March 16.
The CAC recommendation comes a day before the order comes into effect and has to be vetted by CM Manohar
Parrikar.
A day after the SC judgment, Parrikar had said the state would not file a review petition and instead “explore all possible options, including the auction of mine leases”.
Lawande, whose legal opinion Parrikar sought, was also of the view that “it will be a completely useless exercise to make any attempt to file a curative or review petition before the Supreme Court”.
D’Souza told TOI that they would approach the Supreme Court to seek interim measures to protect the interests of mining-dependent people. “Mining should be allowed till an alternative arrangement is made,” he said.
“All that can be filed is an application permitting the state government to undertake and carry on certain operations in the mining belt, including that of transporting dump material, extracted material or readily available material for extraction, so that the mining dependent people do not suffer,” Lawande said.
Sardesai, who spoke to Parrikar on Tuesday about the options before the CAC, said legal recourse is necessary as mining operations need to be continued in view of the socio-economic impact it would have on the state.
Dhavalikar said they would also seek “advice of the attorney general of India, or legal expert of an equivalent stature”, adding they have also recommended that the schemes introduced in 2012 — after the mining ban — for the benefit of mining dependent people, be extended.
As for the delay in deciding on the matter, Sardesai said: “It is better late than never”.
As an interim measure, the state could seek an extension of deadline from March 15, for six more months or at least till May 31, a source said.
But the advocate general said, “Any other measures may not only see the government in bad light, but may also invite the wrath of the court and thereafter things which have been now left under the authority of the state government may simply be given to the central empowerment committee (CEC) or some monitoring committee.”
Lawande made it clear that there is no option for the state government but to grant fresh leases in terms of the provisions of the Mines and Minerals (Development and Regulation) (MMDR) Act, 1957.
“The fresh leases now have to be in accordance with the amended provision of MMDR Act, 1957, which amendment took place in 2015. In terms of this amended provision, in my opinion, there is no other option but to auction the leases in terms of the amended MMDR Act, 1957,” he said.
