The Goa Foundation
G-8 St Britto's Apartments,
Feira Alta, Mapusa 403 507 Goa
7th December 2007
Phones: 0832-2263305; 2256479; 9326115907; 2278740
www.goacom.org/goafoundation/
email: [EMAIL PROTECTED]


URGENT PRESS MATTER

SUPREME COURT TODAY STAYS 18 TEMPORARY WORKING PERMITS ISSUED BY MINISTRY OF ENVIRONMENT AND FORESTS FOR GOA MINES. ISSUES NOTICE TO MINISTRY TO EXPLAIN HOW THESE PERMITS WERE GRANTED

SUPREME COURT DECLINES TO ACT ON MINISTRY OF ENVIRONMENT ORDER REJECTING ENVIRONMENT CLEARANCE FOR SEVEN GOA MINES

TWENTY FIVE MINES TO CLOSE AS A RESULT OF BOTH ACTIONS
FOR MORE DETAILED INFORMATION CONTACT: CLAUDE ALVARES/GOA FOUNDATION/9326115907

Details:

First story:

The forest clearances of 18 mining leases came to an end on 21.11.2007. Supreme Court had passed an order dated 27.4.2007 that in future all Forest Clearances issued by the ministry would be sent to it for its approval after a report in their behalf by the Central Empowered Committee.

The powerful mining lobby of Goa however was able to prevail upon the Ministry to bypass this procedure for reasons best known to it. On the same day the earlier clearances came to an end, the MoEF issued fresh temporary working permits for one year's duration "on pragmatic considerations". These permits were issued bypassing the CEC and the apex court.

On 27th November, Goa Foundation filed an application under RTI for information on the permits issued. The application was entertained on 4th December and copies of the permits issued to the Foundation. The Foundation immediately filed a complaint with the CEC asking for urgent intervention the same day.

The CEC acted promptly. By this morning it had filed a detailed report on the leases in question and sought orders from the apex court for the following:

a)  Stay of the 18 TWPs issued on 21.11.2007

b) Direction to the CS, Goa, to ensure that no mining would be allowed to be carried on in the mines in question

c) Call for the relevant papers to decide whether contempt proceedings should not be initiated against the officials in the Ministry.

The Supreme Court responded by staying the 19 TWPs and directing the Government to file a reply explaining how the permits had been issued in contravention of its order dated 17.4.2007.

As a result of the stay, all operations in the 18 mines will cease since forest clearance is unavailable.

LIST OF TEMPORARY WORKING PERMISSIONS FOR MINING LEASES RECEIVED FROM THE MINISTRY OF ENVIRONMENT AND FORESTS, GOVERNMENT OF INDIA FOR GOA MINES AND NOW STAYED BY ORDER DATED 7.12.2007 OF THE APEX COURT ON APPLICATION BY THE CEC

Sr. T.C.   Lease holder GOI approval Date
No.
1   83/52  V.M. Salgaoncar     8-492/1989-FC  21.11.2007
          & Bros. Pvt.Ltd
2   29/54  V.M. Salgaoncar     8-491/1989-FC  21.11.2007
          & Bros. Pvt.Ltd
3   50/53  V.M. Salgaoncar     8-80/2002-FC   21.11.2007
          & Bros. Pvt.Ltd
4   13/55  V.M. Salgaoncar     8-76/2002-FC   21.11.2007
          & Bros. Pvt.Ltd
5   10/51  Haider Kassim Khan  8-78/2002-FC   21.11.2007
6   21/54  V.S. Dempo          8-490-1989-FC  21.11.2007
          & Co. Ltd.
7   35/52  V.S. Dempo          8-538/1989-FC  21.11.2007
          & Co. Ltd.
8   03/51  V.S. Dempo          8-545/1989-FC  21.11.2007
          & Co. Ltd.
9   40/54  V.S. Dempo          8-545/1989-FC  21.11.2007
          & Co. Ltd.
10  63/51  Rajesh Timblo       8-68/2002-FC   21.11.2007
11  14/52  Badrudin Mavany     8-69/2002-FC   21.11.2007
12  45/54  Sova                8-79/2002-FC   21.11.2007
13  12/51  M.S. Talaulicar     8-14/1993-FC   21.11.2007
          & Bros
14  38/52  Hiru Bambo Gauns    8-42/1996-FC   21.11.2007
15  88/52  Sociedade Timblo    8-20/1995-FC   21.11.2007
          Irmaos
16  23/53  Emco Goa Ltd        8-18/1995-FC   21.11.2007
17  08/41  G N Agarwal         8-74/2002-FC   21.11.2007
18  67/52  A.V.S. Velingkar    8-142/1997-FC  21.11.2007


Second story:

Ministry of Environment and Forests, for the first time, rejected environment clearance for seven Goa mines on 27.11.2007. The leases were rejected environment clearance on the ground that they were within one km of the buffer zone of Goa's wildlife sanctuaries.

This is a major issue in the on-going petition filed by the Goa Foundation in the apex court (No.460/2005) where the Court has directed all state governments to file plans demarcating the ecologically sensitive areas from the wildlife sanctuaries in their states.

The seven mines are owned by:

1)  Dr Prafulla Hede (Collem)
2)  Chougule & Co
3)  A.S. Velingkar
4)  V.S. Dempo
5)  V.M. Salgaoncar & Bros.

All the mine owners moved the Supreme Court via applications which came up for hearing on 6th December, 2007. The Supreme Court refused to entertain the applications and posted them for hearing in January after vacations after counsel for the Foundation Raj Panjwani objected.

Mines without environment clearance have to cease operations pursuant to an order issued by the Supreme Court in WP.460/2005 (Goa Foundation v/s UOI).

Issued by Dr Claude Alvares, Director, Goa Foundation
7.12.2007 7.00 pm


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