Interim order puts max production at 20 mn MT/year, takes note of 1.5 l jobs at stake
The Supreme Court on Monday gave a go-ahead for iron ore mining in Goa and directed that under the fresh licences, to be issued by the State, the beneficiary mining companies will be entitled to extract ore only to the extent of 20 million MT every year.
Allowing an interim arrangement in the State after a gap of almost two years of mining ban, the Green Bench of the apex court warned the State that all leases issued by it must be in line with policy decisions and rules made by the State and would be subject to strict judicial scrutiny.
lifting the ban, the apex bench took note of the fact that Goa’s economy was heavily dependent on mining, which accounted for 1.5 lakh jobs, besides contributing to revenue. “We cannot, therefore, prohibit mining altogether.”
Mapping the extent of damage caused to the environment and natural resource by the miners in the State, the Bench of Justices AK Patnaik, SS Nijjar and FM Ibrahim Kalifulla formed a “Goan Iron Ore Permanent Fund” into which each miner will henceforth have to contribute 10 per cent of the sale price of iron ore sold in the market.
The court asked an Expert Committee of the State Government, constituted on orders of the court, to devise schemes in order to utilise the said fund towards achieving purposes of sustainable development and inter-generational equity. This exercise would be completed within six months, the Bench added.
The Expert Committee, comprising ecologist CR Babu, geologist SD Dhiman, mineralogist BK Mishra, forestry expert S Parameshwarappa and Government nominee Parimal Rai, was also asked to consider and report whether the ore extraction cap of 20 million MT was feasible taking into consideration the demand of ore, sustainable development and inter-generational equity.
The court further tasked the Ministry of Environment and Forests to demarcate eco-sensitive zones around national parks and wildlife sanctuaries within six months as it held that no mining would be permitted within one kilometre radius of national parks and sanctuaries in Goa.
It was evident from the report of Central Empowered Committee (CEC), the advisory body formed on environmental issues by the SC, that in Goa, the extent of illegal mining was unaccountable and assumed gigantic proportions. Most of the deemed mining leases in Goa had expired in November 1987, and by a further renewal period of 20 years, they had to stop mining by 2007. Mining by the lessees after November 22, 2007 was illegal. Hence, the court did not quash the suspension orders issued by the State Government and MoEF, in effect ending all the old leases.
The court criticised the lack of any checks and balances adopted by the State mining department and Goa Pollution Control Board as CEC estimated that an excess quantity of 395.645 lakh MT was extracted between 2007 and 2011. With the State having introduced Goa (Prevention of Illegal Mining, Storage, and transportation of Minerals) Rules 2013, the court hoped that the rules will be strictly enforced for future mining activities.
The court directed the State pollution board to be more vigilant in future and be proactive in cancelling leases which failed on counts of pollution caused to air and water.