"They knew what was happening. If you (state government) have bonafide intentions then don't you think that some regulatory mechanism should have been in place. It was not there," the forest bench headed by Justice A K Patnaik said.
Senior advocate Arvind Datar, appearing for the BJP-ruled state government, said, "We came in power in March, 2012 and besides existing laws such as the MMDR (Mines and Minerals (Development and Regulation) Act) and the Wild Life Act, we have prepared a comprehensive mining policy draft to regulate mining."
The counsel, appearing for Goa and its pollution control board, started his arguments with the submission that the PIL be dismissed on various grounds including that "factual positions" about the actions taken by the state to curb illegal mining has been concealed by NGO Goa Foundation, which has filed the PIL, from the court.
"These technical plea will not work as the constitutional issue of Article 21 (right to life) and the public interest are involved," the bench said.
The bench is hearing the PIL filed by the Goa Foundation, an environmental action group, on the illegal mining in Goa.