NGT notices to 24 mining leases for operating without valid ECs

01 November 2016

In what could lead to a cascading effect on the iron ore mining industry in the State, the National Green Tribunal (NGT) on Thursday issued notices to 24 mining leases for being operational without valid Environment Clearances (ECs) from the Ministry of Environment and Forests (MoEF).

The Pune bench of the NGT served the notices to the 24 leases operated by 12 leading mining players, acting on a joint petition filed by Goa Foundation and one Shankar Jog, challenging the mining activities undertaken by them without valid EC in view of the Supreme Court judgement dated July 12, delivered in the Talaulikar & Sons versus Union of India and others case. Of the 24 leases, only 12 had resumed fresh operations for the year 2015-16.

“NGT issued notice today to 24 mining lease holders on stoppage of mining operations. The matter is fixed for reply on November 15,” GF director Dr Claude Alvares said, adding that they have sought interim relief that the lease holders be asked to stop mining operations and commence fresh process for grant of ECs.

The Apex Court in its judgement had said, “No party can carry out mining activity without a valid EC granted under the provisions of the EIA notification issued under the EPA 1986.”

The petitioner pointed out that the mining leases were granted ECs under the 1994 EIA Notification for a period of two years only, subject to production of a hydro-geological study. “In their cases too, once they submitted the hydro-geological study to the MoEF the ministry illegally extended the original ECs without a public hearing and EAC consideration of the proposal,” it stated.

“Applicants submit that in view of the Supreme Court’s judgment dated 12.7.2016 that has held as illegal the MoEF orders extending the conditional ECs (Talaulicar and Sons) without following full procedure as per the EIA Notification, the operation of the leases of these 24 can no longer be sustained and they must cease operations forthwith,” the petition added.

The petitioners pointed out that the leases are operational without a valid EC for mining operations. “Respondents (lease holders) today do not have a valid EC, as the ECs lost their validity after the initial two year grant. They have carried out mining operations from 2015-2016. This mining activity, which ceased in May 2016, was illegal as it was carried out without a valid EC. In any event, they are not entitled to resume mining operations without a valid EC henceforth or till they have complied with the procedures laid down in law,” it stated.

The 24 leases belong to Chowgule & Co Pvt Ltd (3), Sesa Mining Corp Ltd (5), EMCO Goa Pvt Ltd (2), Pandurang Timblo (2), Sociedade Timblo Irmaos Ltd Rep Timblo Pvt. Ltd (2), Sesa Resources Ltd (6), and one lease each of M S Talaulikar, Baddrudin Husainbhai Mavani Sova, RS Shetye & Bros, VG Quenim and Rajesh Timblo.

Source – Herald