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Per se, it does not appear to be a simple case as it does involve a great deal of politicians in the ruling Congress. In addition to this there is also a direct link between Karnataka and Goa that can be found in this case, and as investigations progress, it will become clear that the Digambar Kamath government will have a major headache to deal with.
The Shah commission has surveyed around 93 mines so far and has found illegalities at various stages.
Looking at both Bellary and Goa it becomes clear that the devastation is almost similar. However, according to sources, there is every likelihood of more devastation being found in Goa.
There are around 135 mines in Goa and mining takes place in 4 talukas. What makes it worse is that last year alone around 50 million tonnes of ore has been extracted out of such a small area, which gives the clear indication that the impact and rate at which illegal mining has taken place.
Goa has long been a target of illegal mining, and according to records, this activity, which started way back in the 1940s, has gone unchecked all these years.
Illegal mining has been restricted to the forest areas in Goa and this has also added to the devastation. Another shocking fact is that there are around 800 mining leases given out in Goa, but the government says that only around 300 are in operation.
This would mean that the rest of mining leases that have been granted are all operating illegally.
As the probe on illegal mining progresses more skeletons are expected to tumble out since the more one digs into these mines in Goa, the more illegalities can be found.
There are some mines which have been operating for the past two decades without any approval from the authorities. In addition to this what has also been found is that despite the expiry of leases in 2007, most of the mine owners continue to operate without any proper sanction.
The most painful aspect of them all is that mining continues in areas next to wildlife sanctuaries despite a Supreme Court order banning all activity in a one kilometer radius. The most common factor that one finds between Goa and Bellary is that of raising contracts. Goa is also a party to this illegality where mines are being run by proxy owners.
The Shah commission would also depend on the statistics that are available with the Public Accounts Committee which clearly states that in the past 12 years 34 million tonnes of iron ore has been exported illegally from the mines in Goa.
The deposition before the Shah commission is also another interesting aspect. The names of several bigwigs have been tumbling out and more are expected to come out in the days to come.
The names of several existing ministers and their children are cropping up during the probe. Chief Minister Digambar Kamath, who has also been the mines minister for 12 years, has actually got the most to answer. Probes have pointed out that several norms have been violated, which also include the Forest Act.
The Goa government's role in helping the growth of illegal mining was in fact a public affair in 2009. 400 villagers had come out in the open at the Rivona village to protest mining activity in a forest area by a minister. However, the protest was quelled with 400 of them chargesheeted for disturbing peace in the area.
Going by the documents in the possession of rediff.com it is also clear that the Goa government does not have the answers to several questions that were raised by the Shah commission.
Here is a questionnaire (sent by the Shah commission to the Goa government) which gives a fair idea of the action that has or has not been taken by the Goa government in this issue:
Whether there is any violation and whether notice is issued to the lease holders/stockiest/trader
Nil
No of cases processed in the court (chargesheet filed)
Nil
No of transportation permits issued
There is no system for issuing transportation permits in this state
No of cases in which mines have been suspended.
Nil
No of cases of mines terminated in which license/lease is terminated. Whether any mine is seized or confiscated?
Nil
No of mines restored.
Nil
Whether any special drive is started? If any, result there (with Indian Bureau of Mines or state task force/ flying squad) with number of visits of the mines.
21 mining leases were inspected with IBM as a part of Inspection in Endemic Area carried out by Task Force II of IBM (Phase 4) from 15/3/11 to 21/3/2011.
Prevention action taken based on other source for iron ore or manganese.
In case of one mine which was not valid, action to lift old stacks of boulders was stopped.
Whether the satellite imagining technique used by any state government to find out illegal mining of iron ore and manganese? If yes, give details and result thereof.
No
Checking or users of iron and manganese and details of export, if available.
The iron ore produced in Goa is export-oriented
Price monitoring (give details of price trends).
Price monitoring is not done by this directorate
Whether any check at railway point/road check/ post
Nil
Whether any check at port
At both the ports exports have to furnish No Objection Certificates to the captain of ports/MPT issued by the Directorate of Mines & Geology stating that the ore being transported is from valid leases and the applicable royalty is paid to the state government before sailing of the ship.
Cases of illegal mining detected as per production given in mining plan (for iron ore and manganese).
Details shall be furnished subsequently
In case of excess production than the proposed production, whether action is taken for illegal mining?
Wherever required action shall be initiated
Amount of royalty recovered and whether checked on way at the time of payment, whether it was checked that production is from valid lease or by authorised license?
With effect from November, 2008 any valid lease holder who has to pay royalty to the state government is required to fill up a special challan designed in quadruplicate having a separate colour by itself.
The challan is required to be authenticated by the special designated officer of this directorate before depositing the amount in the two designated treasuries only of State Bank of India; one in North Goa and other in South Goa. No unauthorised person can pay royalty/others dues without authentication.
In case mines detected, where no lease was existing, whether criminal case is launched under IPC? If yes, give details and result thereof.
Nil
Furnish information about production envisaged and the actual achieved/reported. The grade of the iron ore and manganese ore produced in the state? Furnished details regarding grade available and the grade mined? (The iron ore produced in the state is basically of low grade with 55%-58% Fe (Iron), which at present has export market.)
Total quantity permitted for all 90 working mines as per environmental clearance limit is 46.084 MT for iron ore 1.0MT for bauxite and a quantity of 161.8 MT was extracted during the last five years.
Undertaking mining in the area without taking approval of the concerned state government for transferring concession.
Nil
Raising of minerals without appropriate authority
Nil
Raising of minerals without paying royalty along with quantity and grade
Verification of lease holder date in process.
What is the modus operandi and methods of illegal mining activities in your state?
Illegal mining has been detected in 15 cases during last five years. Broadly the modus operandi noticed are as following:
1. In the pretext of digging ponds/excavation of silt, etc. The parties obtain permission from requisite authorities for digging well/pond, etc. and it is difficult to identify the genuine cases until through enquiry is conducted.
2. Exceeding the rated capacity stipulated in the EC limit.
3. Development of property is undertaken to win ore found to occur at the surface. However, such incidence has not come to the notice of the directorate.
4. Violation of Condition Stipulated in Environment Clearance.
Whether any state mineral policy is strictly adopted by the state?
State mineral policy is under formulation.
Any statutory provisions made by the state government
The state government has framed rules namely Goa (Prevention of Illegal Mining, Transportation and Storage of minerals) Rules, 2004 to curb illegal mining and trading activities.
Whether the provisions are sufficient for controlling illegal mining? If not, what are your suggestions?
Yes, this directorate is making necessary amendment to the rules of 2004, after taking into consideration amendment to the Rule 45 of MCDR, 1988.
What step would you like to suggest at the level of state and central government authorities for curbing illegal mining?
Transit passes
Spot visit of Central EC Committee/penal having state government authority
Assess carrying capacity of the area both in terms of number of mines and infrastructure.
To assess mining closure plan in case of multiple licence holding prior to issue of EC:
Registration of mining trucks
Registration of traders.
Do you suggest blanket ban on export of iron ore and manganese ore would help to prevent illegal mining activities in the state?
No, the grade of iron ore exported is low grade which has export potential at present. There is no indigenous consumption of iron ore. Thickly forested area should not be permitted for extraction of minerals.
What would be consequences, if such ban is imposed?
The mining activities will come at standstill as iron ore produced in Goa is export oriented.
Whether illegal mining and trade of illegally mined minerals taking place under the patronage of any political parties, extremist elements for powerful local leaders or any other extra-constitutional elements? If so, indicate such elements.
Nothing has come to the notice of this directorate.
What is the frequency of inspection of lease/mines in the state and whether all leases/mines are covered under inspections?
The inspection of mining lease is taken up on receipt of any complaint.
Whether any powers is given to police/forest/revenue officer under MMDR Act? And do you think there is a lack of co ordination between various state agencies like police, revenue, forest land records, etc; which gives loopholes for illegal mining activities and transportation of illegally mined minerals and ore?
No powers given, however, these agencies have to act within the ambit of their jurisdiction, sometimes it is not forth coming often leads to illegal mining and transportation.
Whether you perceive that delay in grant of approval of various state and central agencies is leading to illegal mining activities? If so, identify the agencies responsible delay in grants of various approvals.
No sir
What rule you perceive from the central government to assist in prevention and control of illegal mining activities and transportation of illegally mined minerals?
1. Mining plan should not be approved unless proper site inspection done.
2. GPS monitoring of production/transportation.
What action is being taken by your government on the MCD inspection carried out by Indian Bureau of Mines and report and violation letter endorsed by Indian Bureau of Mines?
Action will be initiated incase IBM informs that the lessees has not complied/rectified the violation within the stipulated period.
In how many cases, Central Bureau of Investigation inquiries or inquiries by state intelligence agency were conducted and what is the outcome? Give case wise details in chronological order.
Nil