Mining in tribal Niyamgiri: SC rejects petition against local refusal consensus

Says Odisha Mining Corporation could approach an appropriate forum

Mining in tribal Niyamgiri: SC rejects petition against local refusal consensus
The Bill got President's nod last month and was with the Mines Ministry, which was to fix the transfer charges that were to be paid by the acquirer of the mines to the state government.

In a setback for Odisha government that virtually sought reconsideration of the Supreme Court ruling three years ago against mining in the state’s tribal-inhabited Niyamgiri hills, the apex court said on Friday that local gram sabhas can’t be reconvened to take a re-look at whether mining in the locality “would tantamount to infringement of the religious, community and individual rights of local forest-dwellers.”

While the April 2013 order banned mining by Vedanta Aluminium in the hills till the gram sabhas cleared it, the latest plea from the state government-owned Odisha Mining Corporation (OMC) was to mine in the region independently.

A bench headed by Justice Ranjan Gogoi said that it is not inclined to entertain the application. All aggrieved parties shall challenge the decision of gram sabhas and the subsequent refusal of environmental clearance by the Ministry of Environment and Forests (MoEF) before an appropriate forum, it said. Senior counsel CA Sundaram, appearing for the state government, argued that the gram sabhas had failed to take into account the court’s directive to consider the cultural and religious rights of the tribals and forest dwellers living in Rayagada and Kalahandi districts, but have gone beyond their mandate by deciding against mining in the hills. However, the court said that “that is in your perception. The conclusion is that people don’t want mining and then the II stage (environmental) clearance can’t be given.”

Earlier on April 1, the apex court had refused to entertain the state government’s plea without hearing all the affected and interested stakeholders including tribals and 12 gram sabhas and had asked it to amend the application by making all the stakeholders as parties.

In 2013, the court had banned mining in the Niyamgiri hills till local gram sabhas conducted a study and filed a report on whether it could be allowed to mine in the area. The government had then identified 12 villages from among more than 100 in the Niyamgiri hills to prepare the reports.  Niyamgiri Hills — home to 8,000-odd Dongria Kondhs, a primitive tribal group, a few hundred Kutia Kondhs and other forest-dwellers —  is considered sacred by the indigenous tribes and others as it is the abode of Niyamraja, their presiding deity.

The MoEF and the Dongria Kondh tribe had also questioned the maintainability of the state government’s application.

The Odisha government had scrapped the mining project in 2014 after all 12 gram sabhas had voted unanimously against the the Niyamgiri bauxite mining in the state. This had dealt a blow to the alumina refinery of the Vedanta group at Lanjigarh, which was dependent on the raw material from the hills. Sundaram said that the gram sabhas should take a fresh look into the issue on the ground that they had rejected the mining proposal of the joint venture project between Odisha Mining Corporation (OMC), a state undertaking, and Vedanta.

As the state has since cancelled the JV agreement and decided that mining will be done by only OMC, the original lessee of the deposit, it should be treated as a new proposal, requiring conduct of fresh gram sabhas for forest and environment clearances.

The Vedanta’s project had run into rough weather after the MoEF refused Stage II forest clearance in 2010 for diversion of 660 hectares of forest land for bauxite mining in Kalahandi and Rayagada districts, based on the Forest Advisory Committee’s (FAC) adverse views on violation of rights of the tribal groups and impact on the ecology and biodiversity of the area.

Setback for Odisha govt

Apr 2013: SC empowers gram sabhas (village councils) to decide on Vedanta Aluminium’s bauxite project in order to protect their customary and religious rights
Aug-Sep 2013: All 12 village councils unanimously reject the project in their traditional forestlands, citing sacrilege
Jan 2014: MoEF rejects forest clearance for Vedanta’s bauxite mining project in Niyamgiri Hills of Odisha
Feb 2015: Odisha govt issues show cause notice to scrap joint venture agreements with Vedanta group firm
May 2016: SC rejects Odisha govt’s plea through state PSU OMC for fresh look at mining project by gram sabhas

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First published on: 07-05-2016 at 06:28 IST