‘3 mines sans permits operate in pvt forests’

‘3 mines sans permits operate in pvt forests’
Preetu Nair | TNN

Panaji: Of the five mining leases in the state, whose areas include private forests, three are operating without necessary environmental permissions.
In an affidavit filed last month in the high court of Bombay at Goa, chief conservator of forests Shashi Kumar admitted that the mining leases of Hyder Kassim Khan in Sulcorna, Dr P R Hede in Collem, Kundu Gharse in Tudou, Quexeva Cundo and Hiralal Kholidas in Colamba have private forests within them. He, however, added that, ‘no mining activities are going on in these identified private forest areas’.
However, officials from the forest department say that ‘Kunda Gharse, Quexeva Cundo and Hiralal Kholidas are operating without necessary clearances’. Admitting that the three mines are indeed operating without permission from the ministry of environment and forests, Kumar said, “This will attract the forest conservation Act, as the mine operators have to take necessary permission before starting operations.”
Though the mining lobby claims this has not resulted in any destruction of private forests, environmentalists say that if there is a private forest in any portion of the lease area, no mining operations can be conducted without permission from the ministry of environment and forests under the Forest Conservation Act, 1980, (FCA). A fact, which the mining lobby also agrees with, but find ways to circumvent.
Goa Mineral Ore Exporters’ Association (GMOEA) executive director S Sridhar says that often a mine owner is not aware of areas that have been demarcated as private forests.
“As the private forest area is not clearly demarcated, we may start operating in such an area. But once we are intimated about the private forest by the forest department, we then can operate only with permission,” said Sridhar.
What Sridhar means is that if a mine owner obtains a lease to mine in 80 hectares of land, of which 10 hectares have been demarcated as private forest, then they can continue mining without necessary clearances till such time the forest department intimates the lease holder about the demarcated private forest area.
“Mining companies often escape by claiming that they are not working in the forested portion of the lease. However, the law states that whether one is working in the forested part of the lease or on the non-forested part is irrelevant since the lease requires clearance,” said Goa Foundation director Claude Alvares.
The irony is that if the mine owner during this period has destroyed the private forest area due to his alleged ‘ignorance’, there is no penalty other than the lease holder having to stop operations until the required clearance is obtained.
“If the ministry of Environment and Forest wants to grant clearance under FCA 1980, the party must cough up the costs of compensatory afforestation and the Net Present Value of the entire forest on the lease. This can mean a lot of money. The only offence that can be registered against the operators is under the trees Act, which attracts a fine of just Rs 1000. It’s easier to cut and pay,” added Alvares.
Environmentalist Rajendra Kerkar points out that the blame lies not just with the government agencies that fail to act, but also with the people.
“The mines operate with the local people’s support. During public hearings I have filed objections to illegal mines being operated in private forests, but I have been silenced by some villagers, mostly those who operate trucks in the mines,” Kerkar said.
Forest officials also told TOI that while the mining lease of Hyder Kassim Khan in Quepem has FCA clearance and the chief wildlife warden’s NOC, Dr P R Hede in Sanguem has no clearances, but has given an undertaking before the Central Empowered Committee appointed by the Supreme Court that mining operations would not be conducted in the leased area.
Environment minister talks tough
Margao: The minister for environment, Aleixo Sequeira, has expressed his resolve to act tough against all illegal mines operating in the state that are found to be violating pollution control norms and destroying the environment. Addressing reporters at the South Goa collectorate in Margao on Tuesday, Sequeira said that the process of establishing the legality or otherwise of the mines is underway by the department of environment and that action will be initiated against those found guilty. “We are presently scrutinizing the papers of the mining companies against which we have received complaints. We will take appropriate action if illegalities are established,” Sequeira said in reply to a question. Urging the public to bring to his notice any cases of environmental pollution caused by operation of illegal mines, Sequeira assured of prompt action in such matters.
“Though is difficult to monitor operation of mines in rural areas, so far we have taken appropriate action as and when such instances were brought to my notice,” Sequeira added. The environment minister, however, blamed it on the lack of coordination between various regulatory agencies viz ministry for environment, ministry for forest, pollution control board, etc. for violation of laws by the mining companies. “We have instances of forest department giving clearance for operation of mines in its own forest land,” Sequeira observed.
Meanwhile, Sequeira brushed aside all speculations that he will be dropped from the cabinet and appeared quite relaxed when reporters quizzed him over the matter. “The government is stable and so am I,” he quipped in jest. TNN

September 11, 2008, The Times of India, Goa edition