Odisha moves Supreme Court for relook on Niyamgiri

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New Delhi | Published: February 26, 2016 12:56:07 AM

The Odisha government on Thursday moved the Supreme Court wanting reconvening of gram sabhas so as to take another look into whether bauxite mining in the Niyamgiri hills

mining industrySupreme Court had ruled in April 2013 that the Vedanta Group’s bauxite mining project in the Niyamgiri hills will have to get clearance from the gram sabhas

The Odisha government on Thursday moved the Supreme Court wanting reconvening of gram sabhas so as to take another look into whether bauxite mining in the Niyamgiri hills will be tantamount to an infringement of the religious, community and individual rights of local forest-dwellers.

Senior counsel CA Sundaram, appearing for the state government, mentioned the matter before a bench headed by Chief Justice TS Thakur, which posted Odisha’s interlocutory application for hearing next week.

The state government had scrapped the mining project in 2014 after all 12 gram sabhas had voted unanimously against 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 argued that the sabhas have failed to take into account the Supreme Court’s directive to consider the cultural and religious rights of the tribals and forest-dwellers in Rayagada and Kalahandi districts, but have gone beyond their mandate by deciding against mining in the hills.

It has sought gram sabhas to 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.

While the Supreme Court had ruled in April 2013 that the Vedanta Group’s bauxite mining project in the Niyamgiri hills will have to get clearance from the gram sabhas, it had banned mining in Niyamgiri till local gram sabhas conducted a study and filed a report on whether it could be allowed to mine in the area.

The state government had then identified 12 villages from among more than 100 in the Niyamgiri hills to prepare the report.

The Vedanta project had run into rough weather after the ministry of environment and forests 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.

The company had commissioned its alumina refinery in 2007 by investing R4,500 crore with an initial capacity of 1million tonnes per annum. The project was planned to supply up to 150 million tonnes of bauxite to Vedanta Aluminium, a unit of Vedanta Group and India’s largest producer of the metal, for a 1 million tonnes a year plant. A special purpose vehicle (SPV), with Sterlite, a listed subsidiary of Vedanta Resources, having 49% stake and the remainder shared by the state government and OMC was set up for the purpose.

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.

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