New Delhi, Sep 26 (TNN): The Centre on Wednesday put paid to hopes of early resumption of operations in 137 iron ore mines in Goa when it informed the Supreme Court that environment clearance to these mines were up for a comprehensive review as some of them were found to be "indefensible".
The ban on mining by the apex court in October last year was opposed by mine lease holders both inside the court through noted advocates and outside through advertisements in newspapers detailing the grim effect that the ban on iron ore mining was having on the economy.
Arguing for the environment ministry before a bench of Justices A K Patnaik, S S Nijjar and F M I Kalifulla, solicitor general Mohan Parasaran candidly said "some environment clearances to mines are indefensible". The indefensible ones related to mines which were operating bang in the middle of national parks and sanctuaries, a no-go zone for any kind of activity.
In what should worry operators of mines, many of which are located within 10 km of national parks and sanctuaries, the environment ministry is in the midst of a stringent scrutiny of environment clearances obtained by them earlier, allegedly in a surreptitious manner by not divulging crucial details.
"Pursuant to the Ecologically Sensitive Zone (ESZ) notifications, mines located within the national parks and sanctuaries will not be allowed to reopen. Mines located outside the ESZ will be evaluated on the basis of compliance to environment clearance and forest clearance," an environment ministry status note submitted by the SG said.
As many as 43 mines are located within one kilometre of protected areas, read sanctuaries and national parks, and apparently without mandatory approval from the National Board for Wildlife, Chief Conservator of Forests or Chief Wildlife Wardens.
Another 53 mines are located between one and 10 km from protected areas where mining conditions stipulate prior wildlife clearance. But 31 similarly situated mines strangely were not required to secure wildlife clearance. Only 10 mines in question were more than 10 km away from protected areas.
Parasaran said, "Each of the 137 cases will be reviewed on merit by the ministry and its report will be placed before the Supreme Court for appropriate consideration. The MoEF will be in a position to file an affidavit covering each of the 137 environment clearances granted for mining projects by the third week of October."
Just a week ago, the bench had referred to news items and editorials on the effect of mining ban on the economy and frowned at the concern expressed about economic growth but not constitutional principles.
Without elaborating on the settled legal principles which intrinsically link right to life with environment, the bench had asked, "What about right to life guaranteed under Article 21 of the Constitution and the jurisprudence developed on this issue over the years." It felt that most pro-mining reports appearing in the media were inspired by lobbies working intensely for economic policies and development without co-relating it to rule of law and constitutionality of policies.
Meeting suggestions of Central Empowered Committee (EAC) put to the court through amicus curiae A D N Rao, the environment ministry said it had on March 21 constituted an Environment Appraisal Committee to specifically look into the issues relating to illegal mining in Goa and for the purpose of examining replies submitted by project proponents on their environment compliance.
The environment ministry expected the EAC to submit its final report on October 9. The ministry also said it has been pursuing the Goa government to submit proposals for notification of ESZs. Proposals for notification in respect of six wildlife sanctuaries/national parks were submitted by the state government on May 2.
"The said proposals were examined by an expert committee on eco-sensitive zones on May 24 and its report is to be approved by the ministry. The environment minister required the state to provide certain clarifications, including justification for the proposed extent and delineation of the boundaries of the ecologically sensitive zones in respect of the six proposals; possible impact on mangroves with respect of Dr Salim Ali Bird sanctuary through an inspection by a committee under the chairmanship of Dr Lalit Kapoor, director, MoEF," it said.