Above: Photo courtesy www.railnews.in
Sections of the state of Goa are suffering from heavy air pollution, with the spread of pulmonary diseases, because of the heavy mining and transport of minerals through areas that were once verdant and unpolluted. The case has come up before the Supreme Court bench of Justices Madan B Lokur and Deepak Gupta through a petition by the Goa Foundation which has complained that the top court’s order limiting commercial activities in and around notified sanctuaries in Goa is being violated.
Senior advocate Aryaman Sundaram, representing the mining association, submitted that till now 20 million tons have been mined and the mining association was seeking permission to mine an additional 7 million tons. He also submitted that the expert committee has suggested that the mining can be done up to 34 million tons. So, he said, it is only logical that till the final disposal of the case the mining activities shall not be stopped, but should be continue under strict monitoring.
Senior advocate Prashant Bhushan, appearing for the petitioner said that 20 million tons was allowed for a period of 10 years “but they have mined that amount in just 6 years.” This, he said, violated the norms and guidelines set for carrying out mining activities. He further submitted that allowing further mining would amount to condoning the illegal acts of mining in the state of Goa.
The court had asked the expert committee to submit a detailed report and to also give specifics of the infrastructure needed to safely carry out further mining.
On Thursday (October 26) Bhushan argued in his fresh application that the court had cancelled all the 89 mining leases of the companies whose leases expired in 2007. The court also allowed second renewal to those, where it was necessary, based on the finding of experts. This was based on the mineral development of the state.
The issue is that despite renewals allowed only on the basis of expert analysis, all leases were renewed in violation of the court order. Not only that, these were above the cap fixed by the court at 10 million tons. The state had enhanced it to 20 million tons and now even at about 37 million tons.
There are various reports, such as from legal authorities, the CAG and child welfare societies regarding polluting the environment. Reports say that nearby villagers are unable to breathe due to the dust kicked up during transportation on trucks. The court has issued notice to the state of Goa, and its ASG Nadkarni had accepted notice. The state has agreed to file replies and/or additional documents.
—India Legal Bureau