Environmental clearance and orders dated 20th March, 2015 Following the renewal of 88 mining leases, the State of Goa requested the MoEF by letters dated 7th January, 2015 and 5th February, 2015 to lift the abeyance order of 14th September, 2012 on the environmental clearances.
The Expert Committee submitted an Interim Report dated 14th March, 2014 to the Court after companysidering reports prepared by the Tata Energy Research Institute TERI , New Delhi 1997 TERI and International Development Research Centre, Ottawa, Canada 2006 MoEF 2014 research papers prepared by the Goa University and the National Institute of Oceanography Indian Institute of Technology Indian School of Mines , Dhanbad 2013 Pollution Control Board, Goa Annual Report and other literature.
32138 of 2015 etc.
Acting on the request made by the State of Goa by letters dated 7th January, 2015 and 5th February, 2015, the MoEF passed three orders on 20th March, 2015.
The second order passed on 20th March, 2015 was an Office Memorandum to the effect that if a project proponent has a valid and subsisting environmental clearance for a mining project under the Environment Impact Assessment Notification of 27th January, 1994 EIA L.P. C No.
Consequently, the MoEF passed three orders on 20th March, 2015 the actual sequence of the orders is number very clear .
The Ministry of Environment and Forests MoEF of the Government of India acted similarly and kept in abeyance the environmental clearances granted to 139 mines actually 137 mines there is some duplication in the State of Goa by an order dated 14th September, 2012.
The reports were tabled in Parliament on 7th September, 2012 along with an Action Taken Report and as a result, the Government of Goa passed an order dated 10th September, 2012 suspending all mining operations in the State with effect from 11th September, 2012.
The following table gives the dates of second renewal of 88 mining leases granted by the State Government on or before 12th January, 2015 Sr.
Immediately after 4th November, 2014 the date on which the Grant of Mining Leases Policy was uploaded on the website of the Government of Goa the State Government companymenced granting a second renewal of the mining leases from 5th November, 2014 onwards and that process was companypleted on 12th January, 2015.
Justice Shah visited Goa and after calling for and receiving information from the companycerned authorities as well as the mining lease holders, he submitted a report on 15th March, 2012 and another on 25th April, 2012 to the Ministry of Mines in the Government of India.
Judgment was reserved on 11 th November, 2013 and pronounced on 21st April, 2014.
We may also numbere that the EAC also recommended the revocation of environmental clearance granted to several mining lease holders for a variety of reasons.
The Mineral Policy and the report of the EAC were perhaps placed before the Court in the writ petition filed by Goa Foundation and the transferred cases, but number dealt with, except for a brief mention of the Mineral Policy.
Subsequent to the reports given by Justice Shah, a writ petition was filed by Goa Foundation in this Court being WP C No.
435 of 2012.
12.1.2015 31 TOTAL 88 L.P. C No.
Date of renewal order Number of renewal orders passed 1.
The third order passed on 20th March, 2015 related to lifting the abeyance order dated 14th September, 2012 on the environmental clearance of the mining leases for iron ore and manganese ore.
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6.1.2015 22 10.
24.12.2014 10 6.
7.11.2014 3 4.
10.12.2014 3 5.
1.1.2015 3 7.
2.1.2015 3 8.
5.11.2014 5 2.
6.11.2014 5 3.
All the cases before the Court were heard quite extensively in September, October and November 2013.
9.1.2015 1 11.
5.1.2015 2 9.
Some of the companyclusions arrived at by the Court relevant for our discussions have already been mentioned above.
Page 22 of 101 The date of 12th January, 2015 is significant since on that date the President promulgated the Mines and Minerals Development and Regulation Amendment Ordinance, 2015 which was later enacted by Parliament whereby the grant of mining leases for numberified minerals was through companypetitive bidding or the auction process.
Accordingly, a request was made to examine the report of the EAC and take appropriate action against the companycerned lessees.
32138 of 2015 etc.
Page 23 of 101 The first order of 20th March, 2015 was in the form of a letter addressed to the Principal Secretary, Environment, Government of Goa and it recorded that MoEF had companysidered all the 139 cases in which the abeyance order has been passed and had taken into account the request of the State Government, the recommendation of the EAC and the directions of this Court.
