56 Colamb villagers served 4 kg heavy Court notices

56 Colamb villagers were served thick notices weighing 4 kilos each restraining them from entering mining lease land of Hiralal Khodidas. Villagers have been involved in blocking of transportation of the iron ore as the operation of this mine is causing various livelihood problems such as threat to the agriculture, drying up of water sources and siltation of waterways, besides colossal threat to Kushavati river.

Mining lease operated by Fomentos however has been using entire state machinery such deputy collector Quepem, Police, South Goa collector Forest departments as well as department of mines and geology to bulldoze villagers opposition.

Civil Judge of senior division at Quepem Sayonara Telles Laad passed the following order in favour of the mining company in this case that is known as Uday H. Gosalia & anr V/s Rama Ladu Velip and anrs on 25th April 2008:

"Perused records filed alongwith the present application for temporary injuction and main suit. Heard Ld. Adv. Shri H. Bhangui who minutely took me to the documents to show that the plaintiffs are carrying on with their business after complying with all the statutory provisions required for the purpose of mining. On perusal of the documents produced, I am satisfied that if ex-parte relief is not granted in the aforesaid circumstances which has led to filing the present application and suit, then the plaintiffs who have shown a primafacie case shall be put to hardships. Therefore, the application in terms of prayer (a) and (b) is granted till further orders. Plaintiffs to comply with Order 39 R 3 CPC. Issue notice to defts r/0 2/5/2008 at 10.00 am."

Mining company's first prayer (a) that has been granted is as follows:

"or a Judgement and Decree of Permanent Injunction restraining the Defendant, their agents, servants, family members, friends, relatives etc or any other person or persons acting or purporting to act on behalf of the Defendants from interfering with the smooth operation of the said mine by plaintiff No. 1 and his family and from creating any problem with the free ingress or egress of the Plaintiffs vehicle and from in any manner interfering with the transportation of ore by Plaintiff No. 2 or interfering with Plaintiff's staff, transport operators and/or other employees and/or servants of the Plaintiffs."

Mining company's second prayer (b) that has been granted is as follows:

"ending the herein and final disposal of the suit, for temporary injunction restraining the Defendants, their agents, servants, family member, friends, relatives etc. or any other person or persons acting or purporting to act on behalf of the Defendants from interfering with the smooth operation of the said mine by plaintiff No. 1 and his family and from creating any problem with the free ingress or egress of the Plaintiff's vehicle and from in any manner interfering with the transportation activities of the transportation activities of the transportation of ore by Plaintiff No. 2 or interfering with Plaintiff's staff, transport operators and/or other employees and/or servants of the Plaintiffs."

So here is the case wherein the mining company has used judiciary to further its interest. Mining company has been granted both the temporary as well as permanent injunction restraining villagers even before the first hearing fixed for May 02 2008. This order reflects open collusion of Judiciary and the mining company. We can only imagine the fate of Goa if mining companies begin using judiciary in this fashion. The trend is indeed disturbing.

Sebastian Rodrigues