Goa seeks HC nod for export of ore lying outside mining leases

The Goa government filed an affidavit before the Bombay High Court today seeking its nod to allow export of the ore lying outside those mining leases whose royalty charges are already paid to the state exchequer.

The mining industry in the coastal state came to a halt on March 16 after the Supreme Court quashed all 88 mining leases renewed by the BJP government in 2015.

"Mining operations and transportation are two different issues and hence transportation of the ore which is stacked outside the mining lease area is not banned by the Supreme Court through its directives on February 7, 2018," the government said in the affidavit filed before a division bench of justices N M Jamdar and Prithviraj Chauhan.

Goa Foundation, an NGO on whose plea the apex court had quashed the 88 mining leases, had moved the high court against the transportation of the ore stored outside the mining leases.

The affidavit filed by the Director of Mines and Geology, Goa, stated that the Goa Foundation misled the high court through wrong interpretation of the Supreme Court order.

"In terms of the mining law, it is well settled that mining operations and transportation are two distinct and difference concepts.

"While mining operations mean conducting any activity for the purpose of winning the mineral, that is extraction or removal of the mineral ore, transportation is a different process by which ore is transported," it said.

The government argued that the concepts of transportation and mining operation cannot be used synonymously, as is sought to be done by the petitioner.

"The fact that the supreme court has permitted mining operations till March 15, itself implies that extraction or removal of the ore could have been done up to March 15," the government said.

Referring to previous judgements of the Supreme Court, it said that mining operations can only mean any activity related to winning of the mineral and not other activities.

"In such circumstances, the contention of the petitioner that even transportation is covered under the term mining operations is not only contrary to the statutory provisions but is further against the law laid down by Supreme Court," it said.

The division bench has fixed the matter for final arguments on April 24, and directed the Goa Foundation and the mining companies to file their rejoinder by April 20.