Panjim:
An all-out political row in Goa has erupted after the official report of the Shah Commission of Inquiry found large scale violations in Goa's mining sector.
Chief Minister Manohar Parrikar suspended all mining following the report. But a threat by Mr Parrikar, who belongs to the BJP, to take action against leaders of the former ruling Congress regime has led to accusations that he is using the report for settling political scores.
NDTV had first broken the draft findings of the Shah Commission eight months ago.
The final 600 page report, now before the Parliament, confirms our story, that Goa's 93 iron ore mines are guilty of a rash of minor and major violations.
Major violations include mining outside their leased area, violating a slew of environment clearances, illegal export of ore and mining by proxy.
The Shah Commission report clearly pins the blame for these violations on what it calls a 'connivance of politicians, bureaucrats and mine owners', and calls for action against all. But of the three categories, it is Mr Parrikar's intent to act against his political rivals, which has snowballed into a major controversy.
It is true that the report reserves strongest criticism for Goa's mining department which issues mining licences. On more than 10 occasions it asks for action against the Director of Mining. That post was held until recently by Arvind Lolayekar, who has been suspended along with some of his staff members.
But there are two direct references to outgoing Chief Minister, Digambar Kamat, who has held the mining portfolio for 11 years in a row right up till last year.
The report states that "its amply clear that honourable minister of mines and chief minister were aware of the non-compliance of conditions and other illegalities happening in the mining sector."
Mr Kama dismissed this as a passing remark, saying there are no specific charges against him.
But there is a specific instance. In another part of the report it blames the chief minister, who was also mines minister, for illegally granting extensions to mines whose leases have expired.
It says "the files have gone from Director of Mines to Minister of Mines or Chief Minister. Hence, they are involved in this act of illegal and unlawful delay condonation and in some cases, renewal too."
Chief Minister Parrikar says that it is here that corruption and cronyism took place.
Like when Mr Kamat condoned the delayed application of a mine in the name of NCP leader Praful Hede in 2007.
Mr Parrikar alleges this was for political quid pro quo - in exchange for the NCP bailing the Kamat government out of a political crisis in 2007.
Mr Kamat also condoned four mines operated by Dinar Tarcar, a builder who fought on a Congress ticket and is said to be close to Mr Kamat.
Mr Kamat admits to the condonations but told NDTV that he only went ahead after taking legal protection.
But as Goa's longest serving mines minister, the violations mentioned in the report are too wide ranging for Mr Kamat to duck responsibility. But it is Mr Parrikar's decision to file an FIR against another Congress ex -CM, Pratapsinh Rane, which has raised eyebrows.
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A closed mine in Goa's Shigao mining belt, an hour north of Panjim)
Mr Rane admits he did use his power to condone a number of delayed applications.
But he says that was almost a decade before the boom in iron ore prices, which Justice Shah holds responsible for mining violations.
Stung by Mr Parrikar's actions the Congress has hit back, pointing to how the report doesn't spare Mr Parrikar.
In at least two places, the report says that the violations began in 2000, the year that Mr Parrikar became CM for the first time.
But Mr Parrikar says that's a misreading of the report. And that he didn't hold the mines portfolio, so cannot be held responsible for any violations.
The Congress has gone a step further, one of its leaders, Jitendra Deshprabhu, is ready with an FIR against Mr Parrikar, alleging that he began mining violations in Goa. The FIR doesn't cite specific instances to back that charge.
The great irony: Mr Deshprabhu was himself arrested in August 2011 for illegally mining inside his ancestral estate in North Goa.
And also, the mines minister during Mr Parrikar's tenure was Digambar Kamat, who then switched to the Congress.
This only demonstrates that while both parties risk shooting themselves in the foot in playing politics of blame, the Congress is much more vulnerable. It has been in power longer, and many of its leaders have direct interests in mining.
Also, it has held the Ministry of Environment and Forests (MoEF) at the Centre, right through the period when illegal mining was at its peak.
In fact, Justice Shah has been scathing of MoEF devoting a whole chapter to their lapses and asking for action against their officials.
To head off any blame, the environment minister flew into Goa and dropped a bombshell, suspending clearances to all 93 operative mines in Goa.
When asked whether this exempts the Ministry of the blame of clearing these mines in the first place, Ms Natarajan says that if there is evidence of illegalities, she will take action.
She also denied the charge that this is a tit-for-tat reaction by the Congress to regain the political high ground, saying its Mr Parrikar who indulging in political grandstanding.
But now activists are asking whether in the brinksmanship by both parties will lead to action against Goa's biggest mining companies - Sesa Goa, Salgaocars, Timblos, who between them account for almost 80 per cent of Goa's ore output.
In the eyes of the Shah Commission, they are as guilty as the politicians, of a rash of violation during the boom time of the past eight years, when Chinese demand pushed prices of Goan ore by more than double.
Anti-mining activist Claude Alvares of the Goa Foundation says that Rs 35,000 crores, which Justice Shah has cited as the loss figure, will have to be recovered from them. And criminal cases filed against officials of mining companies.
But mine owners like Shivanand Salgaocar of V.M Salgaocar Bros says they have the facts to counter the Commission.
They say most of the illegal mining has been done by smaller, fly-by-night operators.
Manohar Parrikar seems to agree. He told NDTV that the "Shah Commission has painted almost full industry with one brush. That is not totally true. There are some errors which have crept in mainly because he has relied on the data provided by the implicated department."
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Manohar Parrikar's decision to suspend all mining in Goa has won him praise and criticism alike)
And even before the inquiry has begun, he more or less has given them a clean chit.
He said "I think there would be around 30-40 mines which would be having all clearances. And if there are any violations they would be minor and can be rectified. The old, mining families who have been in the field for a long time, they have an experienced staff and have managed to comply with the law for a long time."
Activists like Claude Alvares are not surprised. They say while the Congress has a worse track record against illegal mining, even the BJP is unable to truly take on Goa's mining companies.
Like a law which says there can be no mining within 10 kilometres of forests, effectively making most of Goa's mines illegal, since most of them fall in and around national parks or wildlife sanctuaries.
According to Mr Alvares, "There were 143 mines which were given some form of environmental clearance. 141 fall within 10 kilometres of some national park or sanctuary."
Mr Alvares had to get the Supreme Court to force action by the Environment Ministry, "When we found nobody was willing to do anything, we filed a petition in the Bombay High Court. The Ministry immediately got up and issued a notice to one of the mines, the Bandekar Mines, saying it doesn't have No Objection Certificate (NOC) from the Wildlife Board so close it down. Immediately the forest conservator cited the Supreme Court order and withdrew his clearance to all mines in Goa."
But Goa's state governments, both the Congress and the BJP resisted it.
Mr Alvares says, "The Congress Government stopped the conservator and said we disagree and asks him to revoke his order. After Mr Parrikar comes to power, he takes the same stand as the Congress, issuing a written order that Supreme Court order need not be implemented."
This is why Goa's activists don't trust the current closure of mines. They say the political brinksmanship over the Shah Commission which led to the closure, may suddenly change tack. They say that regardless of shifting political winds, their fight against illegal mining will not stop.
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With inputs by Niha Masih)