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SUJAY GUPTA /Team Spotlight

GOA August 3 2018 was the last day of monsoon session of the Goa Assembly. It was the day when the appropriation bill for 2018-19 was supposed to be passed.

There was fair degree of palpitation among the ruling camp in Goa. Four MLAs including three ministers were bedridden or seriously ailing- Francis D souza, Sudin Dhavlikar, Pandurang Madkaikar and Carlos Almeida . The BJP was reduced to a strength of 10 and had the support of Goa Forward (3) the MGP (3) and supposedly 3 independents and Churchill Alemao, who won on the NCP ticket but is as good as an independent MLA. But Alemao was not with the ruling party on a few issues the most contentious being the Mopa Development Authority Bill and the issue of formalin found in fish samples.

According to political sources of the highest order, Prasad Gaonkar, independent MLA from Sanguem and Goving Gawde, Art and Culture Minister and independent MLA from Priol are on the edge and are not totally averse to shifting loyalties away from the ruling dispensation, if an alternate government is formed. Unlike some others, neither of them are agnostic to any other political formation.

In a situation like this, the BJP’s numbers, in case of a division of votes on the Appropriation bill may not have added up.

On the last day of the budget session this is how the BJP government was precariously close to falling if the Congress had so wanted. The fact is that the Congress did not want the government to fall.


BJP 10 ( SUdin Dhavlikar, Francis D Souza, Carlos Almeida* and Madkaikar were not in theHouse. * Almeida was in the assembly complex but not on the floor)


Goa Forward Party 3

Independents 3** (Rohan Khaunte, Govind Gawde and Prasad Gaonkar).

NCP Churchill Alemao?? (* questionable)

*Churchill Alemao of NCP could have gone either way but as mentioned, could have voted against or abstained. So Alemao not included

Total 19

** 2 of the three independents, Govind Gawde, Art & Culture Minister and Priol MLA and Prasad Gaonkar, Sanguem MLA have, sources informed, made their intentions to leave the ruling formation for various reasons, most important of that being that files of their work are not getting cleared.So in the event of a toppling bid, the Congress could have banked on them.

In this scenario the ruling party’s combined and effective strength would have gone down to 17 in a house of 40. With the Speaker not having voting rights except in case of a tie, the effective voting strength would have been down to 16

Now let’s look at what the Congress could have achieved

(Best case scenario)

Congress 16

Churchill Alemao 1

2 independents Govind Gawde and Prasad Gaonkar
Total 19


A senior minister in the ruling combination had warned Chief Minister Parrikar that there was a serious possibility of the government being under threat. At that point Mr Parrikar dismissed this, realizing that the Congress did not have the guts (or a more vulgar term of reference connected to the male anatomy) to do so.

The Congress would have sailed through in the House on that day. Even without the 2 independents, they could have forced a tie and caused serious ripples in the ruling camp. But in reality it watched like numb, silent, defeated MLAs as two of their MLAs stayed away, Subhash Shirodkar, an absolute veteran and Jennifer Monseratte, the wife of senior Goa Forward Party leader Babush Monseratte. A very senior Congress leader in fact remarked, in a casual chat with The Goa Spotlight “I find Subhash’s behavior very strange these days. He wasn’t present on the day the party opposed the Bill on forming the Mopa Development authority, demanding instead that it should be referred to a select committee. When the matter was out to vote, the ruling  party’s vote, due to ailing absentee MLAs came down to 19, but the Congress’ vote came down to 14, with two MLA’s Subhash Shirodkar and Jenifer Monseratte, both absolutely fit, not in the House”

Questions that therefore arise are

-Has the CLP or the party asked for an explanation about the absence of Subhash Shirodkar and Jennifer Monseratte on the day of the Appropriation bill?

-Even if it was for health reasons, is there sufficient evidence that they were incapacitated in the day of the appropriation bill

-Where were Subhash Shirodkar and Jennifer Monseratte on the day of the Appropriation bill?

It is clear that the BJP sailed through without a whimper partly because of ‘floor management’ but mainly because the Congress did not want to disturb the government on the floor of the house. Therefore it has no right to hold press conferences and demand the government’s dismissal when its own legislature party aided this government’s survival.

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Fly on the wall

The fundamental problem with trying to restart mining in Goa is its hypocrisy



Sujay Gupta



Senior officials wanted to request Supreme Court to allow 2 years to wind down mining operations to prevent mining companies from retrenching staff; mining barns objected; CM Parrikar too didn’t clear this option after agreeing initially

The charge of Goa’s mining brigade to Delhi this week, didn’t quite make up for any heroic script. It was a well orchestrated but increasingly hollow last ditch attempt by mining companies to use their “people power” and some MLA’s from the mining belt to keep their political fortunes hanging by the thread, alive, by organizing shows of strength, to force the government to pave the path for resumption of mining, when Union Mines Ministry has ruled out any corrective action to give life to dead leases.

Therefore the rhetoric of putting pressure on the government and ministries to restart mining was just that- rhetoric. The time for course correction is over. There was a time when the senior echelons of the bureaucracy in Goa had initiated an exercise where it would move the Supreme Court again, stating that while it accepted the verdict cancelling the renewal of 88 leases rendering Goa without a single valid lease, the leases would need two years to engage in effectively winding up operations and disposing ore already excavated. The logic was that if the Apex Court allowed a two year reprieve, mining activity related to transportation and mines administration work could continue which would keep other departments in mining companies at play. This would lead to staff retrenchment being out off for two years.

It is very reliably learnt that Chief Minister Parrikar before he became critically ill, had endorsed this line of action i.e. to move the same Apex Court, not in appeal to overturn their own order but to seek time of two years to allow mining companies to wind up operations.

At this point of time mining barons of Goa had fervently objected to this, since they wanted an all or nothing solution which would effectively extend their leases till 2037. (this is explained later in this column). They clearly did not want a solution where they would have to commit to two years of wages, knowing that they would not be able to continue operations. It is with these clear differences, and rejecting the viewpoint of the mining barons, that the government had drafted a petition in the Supreme Court which was waiting to be filed. Yet it did not ultimately find its way to the Supreme Court. And here’s why. After Mr Parrikar returned from the US after his third sojourn, his formal approval was sought. At that time the Chief Minister went back on his original decision stating that he would speak to the political establishment in Delhi (read Prime Minister Modi and /or senior ministers who have been go to guys for all issues of Goa) and asked his government not to move that petition in the Supreme Court to allow an additional concession of two years as an addendum to their earlier judgment

So in effect, the judicial relief albeit partial but significant, was not sought before Justice Madan Lokur, with the hope that the centre would be convinced to make an amendment. Ultimately Mr Parrikar preferred to attempt a legislative cure when the bureaucracy had advised ( which Mr Parrikar had initially green lighted)  a judicial one as a temporary reprieve.

In retrospect, this option was more in tune with what Goa mining barons wanted. They were against just a two year reprieve which would have forced them to retain staff and then wind up operations. The government or at least some important sections of the bureaucracy believed that if mining companies are allowed to wind up operations in the prescribed manner over two years, the real mining affected who need funds to sustain their lives will get employment for two years

The principle of logic and understanding that was applied in an attempt to curate a legislative remedy to resume mining was this. A law that comes into force to offset  a decision of the court is termed a “validating legislation”. Meaning it justifies or “validates” a legislative decision already taken, which the Court has declared not legal or valid. This process of “retrospective amendment” was sought to be allowed, to allow expired leases to be brought back to life.

As has been explained on several occasions through these columns the Supreme Court has to decide on the petition challenging the Union government’s Abolition Act that converted all concessions into mining leases. This verdict, will interpret whether the 50 year life period for the leases is to be considered from 1961, then all the leases end in 2020 and if it is from Concession period, 1987 then 2037. In any case the 1988 judgment rendered

The Supreme Court judgment in Goa mining in writ petition 435/1 delivered in 2014 directed that those whose applications for second renewal was pending could not continue mining and therefore all mining between 2007 to 2012 was declared “illegal”. This judgment still holds, by the way

Importantly hundreds of leases in Orissa were operating on the same principle of deemed approval for years, since the government was sitting on those applications for years

The government then initiated an ordinance promulgated by the President on January 12, 2015 which specified responses to four scenarios

All leases would now be treated as having been granted for 50 years. (All leases though called concessions were operational since 1961, though converted to leases in 1987. For all practical purposes 1961was the deemed start date for the commencement of leases. The mining lobby is however arguing that the start date should be 1987 when the concessions were converted to leases and therefore get a 50 year run till 2037)

  1. All leases which had a subsisting renewal term, would be operational till the end of the term.
  2. All leases whose renewal applications were pending, after the 50 year completion will be retrospectively deemed extended till 2030 for captive mines and 2020 for non-captive mines. 2020 is the year applicable for Goan mines which are non-captive mines

*(Captive mines: Companies which mine ore for their own use e g steel making) Non Captive: When ore is mined by mining contractors/companies for sale /export to other end users)

With regard to point 2, the court in the beginning of 2018, cancelled the renewals made at a frantic pace right down to the day when the January 2015 ordinance was issued so that the mines whose first renewal ended on November 22, 2007 could continue mining for 20 years. Therefore this cancellation according to the 2018 judgment would be effective from March 2018 as per the judgment.

(Background ExplainerPlease note that leases in Goa converted from Portuguese perpetual concessions in 1987 had a maximum life of a little over 20 years and six months ( roughly taken as 20 years) from the date they were converted to leases from concessions in  1987 which made them valid till November 22 2007 after which a further renewal of 20 years was possible. The government sat on those applications and did not renew them on time, which is why the renewals done in 2014-15 almost seven years later, and after the 2014 judgment declaring the leases non functional were challenged and subsequently struck down)

Now in an attempt to restart mining by the same traditional mining barons,  the government is planning to rewind all these developments, negate what the court has observed and in a huge sweep declare that mining in Goa and get a 50 year run  without the need for any renewals, by taking the year when mining first started as 1987 rather than 1961.

This audacious move is being contemplated by deliberately glossing over inconvenient truths. For instance there are no active leases now and there are no environmental clearances for any leases. What the mining lobby and perhaps backed by the government wants is that all these leases should be resurrected along with their EC clearances which takes close to 36 months to be granted after all due processes. Now which industry in this country gets the privilege of literally going back in time to go from illegal to legal in such a manner? And all of this is sought to be justified on economic ground when all issues to the economically underprivileged in mining can be recovered from dues that mining companies owe the government for various illegalities.

A legislative amendment cannot forced with the sole purpose of bringing back players whose leases have expired when other remedies to ease the financial constitution of mining affected are available. And it is doubtful if there is any scope for a judicial course correction because there is no error apparent in the judgment and review jurisdiction cannot be invoked because a review is an intervention by the court and an intervention pre supposes that there is a point or mater pending. That is not the case here since the Supreme Court has disposed of the matter with regard to lease renewals.

The fundamental problem with the attempt to restart mining in Goa  lies in its hypocrisy  for all the reasons elaborated. This is underlined  by how the state is almost deceitfully, giving wind to absolute false hopes that the center may be inclined or even able to kick-start mining operations in a jiffy without any priority or focus to recovering dues from mining barons and ploughing it back for the relief of the mining affected.

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Fly on the wall

By changing the date on the ‘birth certificate’, can you make Goa mining leases younger?



Sujay Gupta

A powerful lobby including the state is pushing for mining restart immediately, which will never happen. The state is meanwhile turning an absolute blind eye towards recovering amounts accrued due to illegal mining under Section 21/5 of the MMDR Act

The earnestness in the attempt to pacify the “mining dependent’ and the powerful mining lobby which often dictates the course of events, by promising a resumption of mining, is devoid of reality. The sooner the mining dependents understand that a forced resumption is simply not possible, a more pragmatic approach to mining resumption can be taken. And pragmatism comes from two aspects.

The restart of mining has to be on the foundation of legality with the principal objective of ensuring zero waste mining, proper utilisation of all minerals and most importantly the zero tolerance to illegal mining. The bottom line is, and this needs to be etched in stone, is that economic reasons for restarting mining cannot be bigger than the interests of the state to protest and preserve its mineral resources, exploit them judiciously for the greatest good of the state, and not necessarily the players who have dominated the mining trade for years and whose operations were called to account and did not pass the test of judicial scrutiny.

What is happening is exactly the opposite. The state instead of following this principle, is using, the sentiment in the mining belt, to restart mining, to push for the extension of eases of the major Goan mining players, by re- fixing the official start date of mining leases, to give then a fifty year period which ends in 2037.

The move is as follows. Amend the Union government’s Abolition Act that converted all concessions into mining leases. This without quite waiting for a Supreme Court verdict, on a petition filed challenging the abolition act. This verdict, awaited for long, will interpret whether the 50 year life period for the leases is to be considered from 1961, then all the leases end in 2020 and if considered from 1987, then the mining leases end in 2037.

It is unfortunate that there is an absolute tirade on social media with the new found twitter army, obviously backed by mining interests which tweets away about mining resumption. The demand is understandable but don’t they know that NO restart is possible in the immediate future and we are looking at a well over a year from now at the very least because there is no single valid lease and there is no Environmental Clearance.

Even in the absolutely unlikely event of the government taking an executive decision to make amendments to the MMDR act to extend the existing leases (almost zero possibility), it is not as if they can open their mines and offices and start mining. Even at the cost of repeating this, environmental licenses cannot be resurrected. The process of getting a fresh EC takes at least a year and does one think that there will be no legal challenges to each EC application and process?

Very strangely, the Goa government- least on paper, and the Goa Assembly- which passed a resolution, feels that an executive action changing the date on the “birth certificate” of the start of Goan mining will circumvent Supreme Court decisions and a road map laid down for restarting mining with a clean slate. Will the change of date- if at all, restart mining on a clean slate? The answer is obvious

The fact that such a move defies the fundamental ruling of the Supreme Court, that the excesses and illegalities of mining must be accounted for, fines and dues accrued due to illegal mining be recovered under the MMDR act, has been conveniently bypassed. While “mining dependents” have been fed doses of hope, it has led to them either living in denial or expecting a miracle, beyond logic or reason.

First, recover the money earned from illegal mining and give back to state and people

The key to understanding the mining dependent, and not the mining giants, feeling of getting choked, lies in the fact that there is no spending power and no money coming in either. This situation can be handled, without having to forcibly restarting mining, without cleaning the slate. The government has to be honest, completely honest, in recovering amounts due from mining companies for illegal mining. The Goa Foundation which has moved the Supreme Court on the issue of recoveries from mining companies stated in a media conference in October, as reported in the local media that “an amount of Rs 3,431.31 crore is due from the mining companies for undertaking illegal activities. The largest amount recovery due is from Vedanta Limited that is Rs 1,647.41 crore. The CAG in its report has pointed out that seven mining leases were involved in undertaking mining activities in excess of the mining plan, the total value of which was around Rs 1,529.64 crore… Another ten leases were involved in mining in excess of environmental clearance limit with a total recovery value of Rs 374.99 crore.

The Goa Foundation (GF) in its presser further stated, as reported in the media “CAG has also pointed out the government failure of short recovery of royalty from nine leases to the tune of Rs 17.98 crores with the total due to short recovery is around Rs 1,508.70 crore.

In 2014, the GF won a Supreme Court judgment that ended up declaring the last 5 years of active mining in Goa (2007 to 2012) as fully illegal. According to the Goa foundation, the petitioner in virtually every case of illegal mining against the Government, (which has been contested by the government and mining companies), the amount recoverable from the illegal miners was estimated by the at Rs. 65,058 crores, which amounts to Rs. 4.5 lakhs per person in Goa today. The Goa Foundation, as per its calculations, states that these renewals led to a further loss of Rs. 79,000 crores. In effect, each resident of Goa lost Rs. 10 lakhs each.

While the amounts can be contested, with mining companies reacting strongly saying that the figures are grossly exaggerated, the fact that all mining between 2007 and 2012 is “illegal” has been clearly underlined in an unambiguous manner, both in the 2014 an the 2018 judgments ( which struck down the renewals of 88 leases)

The Supreme Court also ordered the setting up of a Special Investigating Team (SIT) and a team of chartered accountants to recover the amount from mining companies, which were allowed to extract ore in violation of the law.

The government is guilty of camouflaging this or diverting attention from this aspect. And surprisingly, the “mining dependent” lobby is staying clear of this, which gives rise to strong suspicions that they are merely fronting for the mining lobby.

Apart from the SC directions, the government is mandated by the very same MMDR act to recover amounts illegally earned by recovering and selling mineral without “lawful authority”

Section 21(5) in The Mines and Minerals (Development and Regulation) Act, 1957, mandates this. It states:

“Whenever any person raises, without any lawful authority, any mineral from any land, the State Government may recover from such person the mineral so raised, or, where such mineral has already been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority.] 6[(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under sub-section (1) shall be cognizable.]

It is clear from the Supreme Court judgments that the land was occupied by the mining lease holders unlawfully, since the leases were not renewed and the renewals done post facto have been struck down.

The State of Goa has to be accountable for not recovering either the mineral, which ahs been disposed of, or the price accrued from its sale. There is no argument to justify that the sales of proceeds of ore illegally mined cannot or should not be recovered

What we need to take home from the entire debate on restarting mining

Mineral wealth belongs to us. Our mineral policies are ensuring the depletion of these collectively owned assets with the real owners, the people, receiving only a few crumbs. And while mining companies have made phenomenal amounts of wealth, the state has not received the benefits of this wealth generation for its people.

For example in Goa, over eight years of mining (2002-2012), the public exchequer received less than 5% of the net value (economic rent) of our minerals. The loss was around twice the amount of the state’s revenues over the same period. Per household losses were greater than assets owned by such households. Had this amount been saved instead, the income generated could have eliminated poverty. Instead, everyone lost equally, and a few became rich enough to corrupt our democracy and violate every possible law.

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Fly on the wall

Vishwajit Rane: The renegade who may well become Goa’s raja




Junior Rane has adapted to the Modi- Shah syllabus better than Goa BJP veterans

Vishwajit Rane left the Congress within an hour of taking oath as a Congress MLA in 2017. He came out of the Assembly and simply vanished. Some Congress MLA’s were asked to look for him everywhere. One of them even went to the loo but got no relief. Even before the angry Congress could say p**s off, Junior Rane was in the BJP, then in the cabinet, and is now in the shortlist to become Goa’s next Chief Minister if his career progression takes the same course.

Meanwhile, the AICC general secretary in charge of Goa, is unable to be in charge of his own MLAs who seem to be disappearing from the Congress radar like the Bermuda triangle. The Congress is shrinking. Literally, figuratively and where it really counts, numerically.

Along the way, it has lost another key ingredient. Romance. The Congress was always the much loved, but errant schoolboy who was punished in 2012 and rewarded in 2017, with 17 MLAs.

Then instead of building on this, the Congress has got completely disintegrated while the BJP, which saw Congress rule from the opposition benches, has matured and excelled in the art of defection politics. The romance towards the Congress has been lost because the people of Goa are witnessing its abject weakness in standing up to the ruling party, keeping its flock together and even managing to convince the independents and free floating MLAs to back them. Even in print fiction and films, the romantic hero has inherent strength. The Goa Congress clearly does not.

And it is here that Vishwajit Rane comes in handy. The BJP, as Manohar Parrikar’s health deteriorated, got into a mode which has become its template, pure politics, hard numbers and devoid of any sentiment. And above all, utterly ruthless.

Evidence of this was amply showcased during the visit of BJP central observers Ram Lal and BL Santosh in mid September. MGP’s Sudin Dhavlikar, one of Goa’s senior most politicians with a burning desire to become CM after a quarter of a century in politics met them and literally begged to become Chief Minister. He even said that the MGP with 3 MLAs would merge with the BJP taking the strength of the ruling party to 17 and giving it a better bargaining position with its allies. When he realised that his pitch wasn’t cutting much ice, Dhavlikar, like a tragic hero took his shirt off to show the several stitches around his torso, the result of a major surgery he needed. The melodramatic flourish was to intended to move the hardened observers of the BJP into being sympathetic to a long term ally, who was ailing, and for whom, becoming Chief Minister was one of his final desires of his political life. The last flourish, got him no claps, or sympathy. He left the room with bigger bruises to his ego. Later, one learnt that that the hard-nosed observers had a smirk when they recounted the incident to other party men. It was clear that they were in no mood for sentiments or desires of expectant politicians. Unless of course there was a clear return on investment.

And Vishwajit Rane, provided that return on investment. In a party which increasingly favours politicians who can deliver MLAs and MPs, it doesn’t matter if they are home bred or got through mergers and acquisitions. Junior Rane himself was acquired. But unlike many of the veterans in the BJP including core group members like Rajendra Arlekar, Damu Naik or Lakshmikant Parsekar, Vishwajeet Rane has more BJP central leaders on his speed dial, than these veterans ever had in their long political careers in Goa.

The young man from Satarri, is the quintessential new age BJP politician who will score high marks in a Modi- Amit Shah class. Suave, wily, ruthless, emotion less, he travels light with no ideological baggage and sees politics in terms of cold hard electoral achievement. Look at the way he quietly handled his and his new party’s fortunes, when Parrikar fell ill. He stayed away from the limelight, even as the more alpha male political leaders with ambitions stayed in the limelight. His expected and official line was that the Chief Minister is recovering and everyone stands by him. But it was he who knew that for the BJP to have the juice in the tank to last he full term without the government being toppled, the congress had to be broken. This would ensure that the MGP and the Goa Forward too, saw reason to keep supporting the BJP, and not limit its support only to Manohar Parrikar.

Dayanand Sopte has for long being a Vishwajit Rane loyalist. It was Rane who managed to wrest him from the BJP to the Congress. And now he was wrested him from the Congress into the BJP. Even in Goa’s chequered history of defections, this stands out.

So this is what Rane is that others aren’t. He represents a new breed which is a pure deviant of the old. It also, in a sense, marks the party in Goa moving out of Manohar Parrikar’s shadows into the control of the Centre. And Vishwajit Rane has become an important point man in Goa for the central BJP, irrespective of whether he actually becomes the Chief Minister. He will continue to be a power Centre. The frustrations of the old guard are emerging like seldom before.   Francis D Souza, the long time number two in the government first found himself slipping down the pecking order and then his failing health pushed to the fringes of oblivion till he was finally dropped. Ironically, he was in the same hospital where Manohar Parrikar was treated in the USA when Parrikar decided to drop him from the cabinet, from his own hospital bed in AIIMS Delhi. The other minister dropped Pandurang Madkaikar too has been literally incapacitated, due to a reported stroke, apparently induced by the intake of medication directed at enhancing energy levels. D Souza has lamented that the party has no use for him, Parsekar has said he is keeping his options open.

Leaders like like Rajendra Arlekar, Laxmikant Parsekar , Dayanand Mandrekar and Francis D Souza, who were once absolute heavy-weights actually do not figure in the scheme of things. This was evident when Laxmikant Parsekar reacted with shock and disappointment when he learnt from the media, really, that the Congress MLA who defeated him in Mandrem, Dayanand Sopte had joined the BJP.

These leaders have realised that the current party culture has fundamentally changed. The party has moved on, much like in Delhi. The concern here is that, like in many other parts of the country, the BJPs dominance in Goa will be disproportional to its mandate. The concern also is that regional forces which have built their politics and their movement around having an independent command, have to keep backing the BJP, in order to avoid mid-term polls. Manohar Parrikar’s health condition is hazy but there is no indication that he’s on the road to complete recovery. This is a very unfortunate but a hard honest reality. The political ground reality, entering in a post Parrikar (politically speaking when he may have no option but to demit office) era, is that the regional allies will see more sense in backing the BJP than the Congress.

The BJP interestingly is playing an immediate short term game. It is not looking at 2022 when the next Assembly elections are scheduled. It is looking at the 2019 Lok Sabha elections when it needs to win both the Goa seats because every seat will count. And the BJP, unlike the Congress puts a higher premium on controlling states.

While you will still hear words like ‘development’ and ‘jobs’ and infrastructure, the aim is just to keep a government together. And the renegade of the Congress, Vishwajit Rane, is poised to be the raja of this mandate. One isn’t saying that he will be Goa’s next Chief Minister but he is surely on a very very shortlist of those who are equipped to excel in a syllabus which is suited to his brand of politics.

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