- (1.) On 05.10.2012, this Court while issuing notice in the Writ Petition had directed that till further orders all mining operations in the leases identified in the Shah Commission's Report and transportation of Iron Ore and Manganese Ore from the mines and stockyards in the State of Goa shall remain suspended, as recommended in the Commission's Report. In the course of hearing of the Writ Petition and all other connected matters, we were informed by the learned Advocate General of the State of Goa, Mr. Atmaram N.S. Nadkarani, through his written arguments, that presently approximately 11.48 million tons of excavated mineral ores are lying in different mines and stockyards in the State of Goa, of which inventory has been fully taken by the Department of Mines and Geology. Government of Goa. Mr. Nadkarani submitted that these excavated mineral ores cannot be put back and if these are allowed to remain in the mines/stockyards, the environment would be polluted and, therefore, the excavated mineral ores should be allowed to be transported as early as possible, now that the Goa (Prevention of Illegal Mining. Storage and Transportation of Minerals) Rules, 2013 have been framed and notified.
(2.) Mr. Prashant Bhushan, Learned Counsel for the Petitioner, submitted that the excavated mineral ores lying in the mines/stockyards in the State of Goa may be allowed to be transported, but should not be allowed to be exported and instead may be sold by e-auction to local industrial consumers in the country, who need Iron Ore for their industries. Mr. Krishnan Venugopal, Learned Counsel for some of these steel industries from Karnataka (interveners) submitted that the excavated iron ores be sold to these steel industries in Karnataka, which have run out of iron ores for their steel plants.
(3.) Mr. Harish Salve, Amicus Curiae, on the other hand, submitted that: (a) A Committee (on the pattern of Monitoring Committee constituted for Karnataka) may be constituted by this Hon'ble Court and made responsible for (i) verification of the already mined mineral available at the mining head, jetties etc. (ii) sale of mineral through e-auction (iii) receipt of sale proceeds along with applicable royalty, taxes and other charges (iv) release of sold mineral with appropriate checks and balances (v) keeping the sale proceeds excluding the applicable taxes, royalty etc (to be deposited by the Monitoring Committee with the concerned authorities) in the designated account(s) in nationalized bank and (vi) any other issues related with verification of mineral, e-auction, release of mineral, receipt of money and related matter. (b) the sale proceeds/export proceeds retained by the Monitoring Committee may be released only after a final decision regarding legality of the iron ore is taken and after deducting the value of the illegally removed mineral from the over burdened dumps etc., and after obtaining permission by this Hon'ble Court; and (c) the Monitoring Committee may comprise (a) a senior officer of the Mines Department, nominated by the Chief Secretary Goa, not below the rank of Joint Secretary to the Government of India (ii) Dr. U.V. Singh, Member, Monitoring Committee for Karnataka, and (iii) Addl. PCCF, Regional Office, MoEF, Bangalore.;