14th July 2015. Krishnendu Mukherjee, Barrister and Advocate at Doughty Street Chambers, has been very involved in exposing the gross scale illegal mining carried out by Vedanta subsidiary Sesa Goa, and other iron ore miners in Goa. This article is a detailed analysis of the manipulations of legal procedures and previous judgements by mining companies and their government and judicial stooges, currently taking place in a desperate attempt to re-start mining in Goa.
Meanwhile in Goa, mining dumps which are the result of illegal mining are being auctioned off, and local residents in Caurem claim that companies are taking away twice the amount of reject ore-bearing material as they are buying. Once a mine lease is terminated mined land should be reclaimed by the leasing company (as according to mine closure plans) and then returned to the state. However in a recent interview published in The Hindu’s Business Line, Vedanta CEO Tom Albanese is quoted as saying: “We are waiting for clarification on some environmental issues. We have been dumping waste on the land we bought, but we have been permitted to dump waste outside lease areas. We want clarification on whether it will be a proper mining practice to do so.” This slip of the tongue by Albanese raises an important question: Do mining companies intend to enact Mine Closure Plans and give the leased land back to the state at all? If not will they attempt to develop the land or sell it on to another buyer? These are important questions to be asked in Goa, where 18% of the state is affected by mining.
A Critical Legal History of Mining in Goa
by Krishnendu Mukherjee
On the 12.8.11, the High Court of Bombay at Goa, delivered a landmark judgment in relation to environmental protection. In Shankar Raghunath Jog v Talaulicar and Sons Pvt Limited and Union of India PILWP 6/2011, the High Court interpreted the Environmental Impact Assessment Notification (EIA) 1994, Paragraph III (c) provides the following:
“The [environment] clearance granted shall be valid for a period of five years from the commencement of the construction or operation of the project.”