New SC order likely to halt mining of 40 leases, until…
GOANEWS DESK, PANAJI | 10 August 2016 20:49 ISTA Supreme Court order last week in one case of a mining company may spell doom over at least 40 mining leases, which may not be able to resume mining operations from October.
These mining leases, which had sought environmental clearances in 2005, may have to go for a fresh EC from the Ministry of Environment and Forests only after a public hearing on the hydro-geological report they have prepared.
Goa Foundation director Dr Claude Alvares describes this as a second major setback to the mining industry in Goa.
Following are the details of the case narrated by Dr Alvares:
Shankar Jog, a local of Sacordem, had filed a case against M S Talaulikar mines, challenging its EC it had sought from the MoEF in 2005, before the Bombay high court.
The high court upheld Jog’s contention and ordered to stop mining since its EC was over after five years.
Talaulikar challenged this order before the Supreme Court, the hearing of which was held two months ago and an order was passed last week.
The apex court set aside the HC order but its fresh order has compelled Talaulikar to apply for a fresh EC.
The EC sought in 2005 was only for two years while making it compulsory to the mining company to conduct hydro-geological survey to assess the impact of mining operations on the ground water.
The mining companies got a private report prepared which stated that the mining operations would not affect ground water.
Based on this report, the MoEF in 2007 passed another order, deleting the condition of two years and extending it further.
The SC has now scrapped this 2007 order, stating that no public hearing was held on this report as per the provisions of the Environmental Protection Act.
The apex court has also ordered that Talaulikar mines should apply afresh for the EC, conduct a public hearing on the hydro-geological report and then seek a fresh EC.
In the meanwhile, Jog had approached the National Green Tribunal, stating that at least 40 more mines have sought EC in a similar manner.
The NGT also upheld the HC order and stated in its order that no mines of similar nature could operate.
According to Dr Alvares, the SC order would also apply to these 40 mines, falling in a similar category.
They would not be able to resume mining operations from October but only after holding public hearing on the hydro-geological report and seeking a fresh EC.
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