Disallowing transportation of iron ore piled up outside mining leases, the Bombay High Court at Goa today flagged the pollution in villages in the state's mining belt, and slammed the government for its apathy.
The contrast between the state government's response to mine owners' concerns and that to the mining-affected populace's problems was "too stark", it said.
The division bench of Justices N M Namdar and Prithviraj Chauhan quashed the order of Goa Chief Secretary Dharmendra Sharma, which had allowed transportation of the ore piled up outside mining leases.
The mining activity in Goa has come to a standstill since March 16 after the Supreme Court quashed second renewal of 88 iron ore extraction leases.
"These villages have suffered severe air pollution due to mining, the natural streams have been polluted and dried up and many do not have water to drink," the bench said in its order in response to a petition filed by NGO Goa Foundation, opposing transportation of the already excavated ore.
"In this petition, there was absolute lack of any response from the state. At first there were simple denials that problem is not serious.
More From This Section
"We had to pass series of orders over a period of four months just to ensure that the state takes steps to provide drinking water to these villages," the judges said.
"We found that Rs 180 crore were collected by the state of Goa in last two years in District Mineral Fund for the mining-affected people, but not even single rupee was spent," the court said.
"We had to literally push the state on every date to do something to alleviate the suffering of the innocent mining-affected (people)," the court said.
The "sharp contrast" in the government's response to the "Mining Affected" and that to the "Mining Beneficiaries" is "too stark for us not to notice", the judges said, adding that "we write it here because it pains our conscience."
The division bench suggested that the government can sell the ore and recover a substantial amount which can be used "in various ways to benefit the people".
It can be deposited in "Permanent Iron Ore Fund", used to take safety measures in respect of mines and help mining affected people or those affected by closure of mines, said the court.
The court expressed surprise over the "vehemence" with which the government asserted the right of the mining lease holders.
"The ultimate relief sought in this petition, that the ore belongs to the state... may not be tenable, but the notion itself is not abhorrent to receive such a vociferous opposition from the state during the arguments," the HC said.
The chief secretary's order allowed transportation of the ore lying outside mines for which the royalty has already been paid to the government.
Following the order, 30,000 tonnes of ore was transported as of April end, as per the Directorate of Mines and Geology (DMG).
The HC today quashed the order, and gave the government four weeks to decide on the ownership of the ore lying outside the leases.
The petitioner had sought a declaration that post March 16 (when the mining activity ceased owing to the SC order) all such ore belonged to the state.
Disclaimer: No Business Standard Journalist was involved in creation of this content
