Times of India reported that the brazen illegal mining with tacit approval of the Goa government touched a new high when the Supreme Court's environment panel said that a Pakistani had been for decades executing power of attorney from Karachi to a Goan partnership firm for mining of iron ore in serious breach of law.
The CEC in its report to SC said that "It is seen that the mining lease was granted in the name of an individual who had migrated to Pakistan and died there. He was never involved in operating the mining lease or seeking renewal of it.”
The lease has been allowed to be operated illegally by a partnership firm comprising Timblo Pvt Ltd, Ms Radha S Timblo and others. The mining lease has been renewed by the Goa government in favour of the partnership firm owned and controlled by Timblo family by disregarding and in blatant violation of Rule 37 of Mineral Concession Rules, 1960.
The CEC said that the renewal of mining lease was allowed on the basis of an unregistered power of attorney, stated to have been executed by the lessee while staying in Pakistan and whose genuineness and validity was highly dubious and doubtful.
It said that "Even though all facts in the matter were available with the state government, it chose to ignore them and the lease granted in favour of an individual was illegally allowed to be converted into a partnership firm owned by Timblo family."
Amicus curiae ADN Rao informed the court that the CEC found many more such cases of grant of mining lease in violation of Mineral Concession Rules.
On the Timblo family owned partnership firm, the environment panel said that the original lease was granted to one Badrudin Bavani and the first renewal of the lease was allowed in the name of a firm Badrudin Hussain Bhai Mavani, who neither has any financial stake nor any control in the said firm controlled by the Timblo family.
It added that "The state of Goa was fully aware of the serious illegalities involved. However, instead of taking punitive action in accordance with the law, it disregarded the serious illegalities and chose to grant renewal of the mining lease in favour of the partnership firm owned and under control of Timblo family, which should not have been permitted."
It further added that "The ownership and control of the said lease by the Timblo family was justified by them by producing before the state government another power of attorney dated November 5th 1997 stated to have been executed by Mavani in favour of Ms Radha S Timblo. In the said power of attorney, it is mentioned that Mavani is staying in Karachi, Pakistan. This document is not registered, not notarized or signed in presence of witnesses."
