Shah panel unlikely to meet deadline, rejects any probe

Written By Unknown on Senin, 04 Maret 2013 | 23.07

Ruling out any other independent probe to detect political patronage of alleged illegal  mining activities in Odisha, Justice M B Shah Commission of Inquiry today said it was unlikely to meet the July 16 deadline for submitting its final report.

"It is very difficult to say in the present day situation to meet the deadline. This because, the reason is repeated hearing and disputed facts," Justice M B Shah told reporters while winding up the five-day hearing here.

Stating that the commission had an exhaustive hearing and a large number of mine lessees were heard, he said: "After hearing, we will decide in which way to prepare the report."

The commission during its five day hearing also heard legal points raised by lessees through their lawyers. "We heard law points in regard to forest, environment clearance and encroachment. The commission has set up a committee to verify mining lease area and the lessees will pay the amount of Rs 4 lakh per square kilometre with minimum charge of Rs 2.5 lakh per square kilometre," he said.

"After verification, we will pass orders suggesting the centre to take action in this regard," Justice Shah said adding above 40 mines boundaries would be verified through commission appointed committees.

Asked about the time limit for completion of field verification, Justice Shah said it may require some time. One field may take 5 to 6 days on continuous work. Replying a question on whether the commission will recommend an independent probe into alleged political patronage in the mining activities in the state, Justice Shah said:"Nobody has given any evidence before the commission. Let them (people who make allegation) give evidence. Unless somebody gives evidence either orally or in writing, what can be done."

"There is no question of asking any agency to probe into it. Our report will be final. Let us see what action the central government takes. We cannot prejudge," he said. In comparison to illegal mining in Karnataka and Goa, Justice Shah said Odisha government has taken certain steps after appointment of the commission. "We will verify whether actions are required," he said.

On the ongoing vigilance inquiry into the mining scam by Odisha government, Justice Shah said: "It (vigilance inquiry) may help the commission to some extent. But, we have to verify."

The commission which started its hearing here on February 27, earlier in the day asked the state government and Union Ministry of Environment and Forest to clear their stands on issues relating to mineral exploration within 10 km radius of wildlife sanctuaries.

The Commission asked both to submit affidavits in this regard before the commission on April 4. Justice Shah gave this ruling while hearing certain mine lessees who were accused of illegally undertaking mining operation within 10 km radius of wildlife sanctuaries.

The issue relating to mining near sanctuaries became controversial after several mine lessees claimed there was no prohibitory order on mining operation within 10 km radius from the wildlife sanctuaries and that none of them were operating mines near sanctuary areas since an order issued in 2005.

Official sources, however, said there were nine iron ore and manganese mines and 21 mineral reserves within 10 km radius of wildlife sanctuaries. The commission is scheduled to hear mine lessees at Ahemedabad on March 14 and 16 on violation of MC Rule-37 under Mineral Concession Rule, an official said adding mine companies which wanted to further say something have been asked to present before the commission on April 1, 2, 3 and 4.

Claiming that the commission was happy over the state government's manner of handling mining issues, particularly after appointment of commission Odisha's Advocate General Ashok Mohanty said: "By and large Shah Commission said state government action is bona fide. State has taken steps." Mohanty claimed that the commission has nothing
against the state government. "If they have any allegation against the state, we will give reply to those," the advocate general said.



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