GOA: MINING INDUSTRY GETS ANOTHER BLOW, TRANSPORTATION STOPPED

By Our Chief Reporter

Panaji (Goa) The Bombay High Court at Goa has ordered immediate suspension of transport of all minerals from the 88 mining leases whose operations were stopped by the Supreme Court in February, this year.

The Goa government in its order had allowed the transportation of ore from the mining leases, which was challenged by NGO Goa Foundation before the High Court.

Division Bench of Bombay High Court at Goa comprising Justice Prithviraj Chavan and Justice N M Jamdar granted ad-interim relief to Goa Foundation on their plea asking immediate suspension of transport of all minerals related to the mining activity of 88 leaseholders.

While fixing the next hearing on April 18, 2018, the division bench asked State Advocate General to file reply within two weeks. The court also sought the response of the State government as regards to the issue of safety and restoration measures of the mining leases considering the impending monsoon season.

The judges in its twelve-page-long order, copy of which is with us, went into the judgment of SC delievered on February 7 quashing 88 mining leases. “In our respectful reading of the Judgment of the Apex Court, we prima facie feel that permitting the activities as envisaged by the impugned orders will be in breach of the Judgment of the Apex Court,” the order reads.

The bench observed that the transporation 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.

“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 March 15, 2018,” it has further said.

The HC bench ruled that the State is unable to show from the SC judgment where it had permitted transportation of ore to continue indefinitely, irrespective of what impact it will have on the environment.