Then Mines minister, retd senior geologist allegedly condoned the delay of renewal of mining lease without having any authority and in contravention of the act
GUILHERME ALMEIDA
MARGAO
As the stage appears set for a legal battle between former Chief Minister Digambar Kamat and the government, with the South Goa Sessions Court issuing summons to the Margao MLA, Prafulla Hede and retired senior geologist in the Mines department, a glance at the chargesheet filed by the Special Investigating Team (SIT) shows the agency has charged Kamat along with D’Souza for allegedly showing undue favour to Prafulla Hede by condoning the delay of the renewal of mining lease without having any authority and in contravention of the provisions of the Mines and Minerals Act.
A glance at the brief facts contained in the 1,500-odd page chargesheet revealed that the SIT has charged Digambar and the senior geologist for showing favour in granting the first application of renewal of mining lease TC No 30/1950 of Prafulla Hede on August 13, 2007 with a favourable noting.
In support of its case, the SIT has brought on record the statement of former senior Mines secretary Rajeev Yaduvanshi recorded under section 164 of the CrPC before a Special Judicial Magistrate.
“It is evident from the statement of Rajeev Yadhuvanshi that all the mines files which are the subject matter of the present offence were routed through Bhingui and Lolienkar, Director of Mines. All the decisions of these files have been taken by the then Mines Minister Digambar Kamat who has personally approved the file,” the SIT claimed in the chargesheet.
Rajeev has further stated that Kamat had allegedly given instructions to A T D’Souza in his presence to put up the file pertaining to condonation of delay of renewal of mining leases to different lease holders and those of power of attorney holders.
The SIT also brought on record the statement of Shyam Vithal Sawant, technical assistant, Mines, who is alleged to have stated that the draft note pertaining to the first renewal of mining lease TC No 30/1950 was corrected by A T D’Souza and handed over to him with direction to make a fair copy. He further alleged that D’Souza had corrected the noting in his own handwriting that delay on the part of Prafulla Hede to apply
for renewal of mining lease could be condoned as done in other cases.
The statement of former Mines secretary J K Daddo has also been cited in the chargesheet, stating that Digambar had allegedly granted application in another case inspite of his note to reject the delay application since it was against the law.
In the chargesheet, the SIT maintained that the State government had the power to condone the delay applications filed by the lessee for the first renewal period from the year 1994-2000. Thereafter, since the year 2000, the SIT maintained that law was amended and the government enjoyed no powers to condone the delay application for first renewal application filed by the lessee.
In support of the allegation, the SIT quoted a statement made by a Mines official stating that the government does not have the powers to condone the delay in filing the first renewal application, further stating that the condonation of delay in filing renewal of application in respect of mines lease is in contravention of the Mines Act 1957.
