The Environment and Forest ministry of Government of India scrapped a forest clearance given to a mining firm, Vedanta Resources, to mine bauxite in the area and the mining project was scrapped.[3][4] In 2013, the Supreme Court of India asked the tribal people to take the decision, in which BMP was rejected in all village council meetings.[5]
July - August 2013 - More than 112 Palli Sabhas of 12 villages unanimously rejects mining by Vedanta Resources in Niyam Dongar sacred mountain.[15][16]
January 2014 - MOEF issues complete ban on mining at Niyamgiri however Aluminium refinery at Lanjigarh was allowed to operate.[17]
Forest Rights Act controversyedit
The issue of controversy over the VEDANTA mining lease on the upper reaches of the Niyamgiri hills in Orissa was examined by an official committee headed by Dr N C Saxena, formerly Secretary (Planning Commission).[18] Here are some excerpts:
“ The VEDANTA site, the forested slopes of the Niyamgiri hills and the many streams that flow through them, provide the means of living for Dongaria Kondh and Kutia Kondh tribes, classified as ‘Primitive Tribal Groups’ that are eligible for special protection. The Niyamgiri massif is important for its rich biodiversity. It also plays the critical role of linking a whole series of forests and wildlife sanctuaries. The two Kondh communities regard the Niyamgiri hills as sacred and believe that their survival is dependent on the integrity of its ecosystem. The VEDANTA site is amongst the highest points in the hills and it is considered especially important as a sacred site. The proposed mining lease (VEDANTA) area is clearly the Community Forest Resource area as well as the habitat of the two Primitive Tribal Groups and their villages, as defined in the Forest Rights Act. Mining, if permitted, will directly affect almost 20 per cent of the world population of the Dongaria Kondh community. The mining operations will destroy significant tracts of forest lands. Since the Kondh are heavily dependent on forest produce for their livelihood, this forest cover loss will cause a significant decline in their economic well-being.Mining operations of the intensity proposed in this project spread over more than 7 square km would severely disturb this important wildlife habitat and inflict severe ecological damage. Several perennial springs flow from below the top plateau, which is a part of the proposed mining lease site. VEDANTA area is one of the main sources of Vamsadhara river which would make mining on this plateau a hydrological disaster. These Kondh villages have been vested with recognizable community and habitat rights by GoI under section 4(1) of the TFRA, and the procedure laid down in section 6 of the TFRA must be followed by the district authorities. These rights should have been formalized as soon as the Act came into being on 1 January, 2008. As per the Preamble of the FR Act, forest dwellers are ‘integral to the very survival and sustainability of the forest ecosystem’. Therefore, in law, forests now include forest dwellers and are not limited to trees and wildlife. Since the MoEF is charged with the responsibility of implementing the Forest Conservation Act, it has to ensure that both forests and forest dwellers are protected. Section 5 of the TFRA has authorized the Gram Sabhas to ensure that their habitat is preserved from any form of destructive practices affecting their cultural and natural heritage. MoEF, as the authority under the Forest Conservation Act, cannot override the statutory authority under the Forest Rights Act, viz. the Gram Sabhas. From the meeting with the senior officers and the Chief Secretary, it was apparent that the district administration has been reluctant to act fairly and firmly under section 6 of the Act to formalize the rights of Kondh over the VEDANTA area, as the state government has already decided to transfer the said land for mining. Despite the reluctance of the district administration and state government, several Gram Sabhas have passed resolutions claiming community and habitat rights over the VEDANTA area and forwarded the same to the SDLC, as provided in section 6(1) of TFRA. From the evidence collected by the Committee, we conclude that the Orissa government is not likely to implement the FR Act in a fair and impartial manner as far as the VEDANTA area is concerned. It has gone to the extent of forwarding false certificates and may do so again in future. The VEDANTA Company has consistently violated the Forest Conservation Act, Forest Rights Act, Environmental Protection Act and the Orrisa Forest Act in active collusion with the state officials. Perhaps the most blatant example of it is their act of illegally enclosing and occupying at least 26.123 ha of Village Forest Lands within its refinery depriving tribal, dalits and other rural poor of their rights.”
^Ahmed Neyazi, Taberez; Tanabe, Akio; Ishizaka, Shinya (11 July 2014). Democratic Transformation and the Vernacular Public Arena in India. Routledge. p. 27. ISBN9781317694038.
^Jagger, Bianca (12 June 2010). "The battle for Niyamgiri". The Observer. ISSN 0029-7712. Retrieved 18 December 2023.
^Patnaik, Santosh (19 August 2013). "12th gram sabha too votes against Vedanta mining" – via www.thehindu.com.
^"Battle for survival". Frontline. 17 June 2010. Retrieved 18 December 2023.
^"SC declines mining clearance to Vedanta". www.downtoearth.org.in. Retrieved 18 December 2023.
^Rautray, Samanwaya; MOHANTY, MEERA (31 October 2014). "MK Jiwarajka seeks SC nod to step down as member secretary of CEC". The Economic Times. ISSN 0013-0389. Retrieved 18 December 2023.
^"SC declines mining clearance to Vedanta". www.downtoearth.org.in. Retrieved 18 December 2023.
^Hopkins, Kathryn (5 February 2010). "Church of England sells Vedanta stake over human rights concerns". The Guardian. ISSN 0261-3077. Retrieved 19 December 2023.
^"Forest alert". www.downtoearth.org.in. Retrieved 19 December 2023.
^"Niyamgiri: 10 years since India's first environmental referendum". www.downtoearth.org.in. Retrieved 18 December 2023.
^"Palli sabha rejects bauxite mining in Niyamgiri hills". The Hindu. 22 July 2013. ISSN 0971-751X. Retrieved 19 December 2023.
^"Tribals in Orissa's Niyamgiri hills reject Vedanta's bauxite mining project". Business Today. 29 August 2013. Retrieved 19 December 2023.
^"Odisha's Niyamgiri Hills – and Its People – Are Still Under Threat". The Wire. Retrieved 19 December 2023.
niyamgiri, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, 2014, learn, whe. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Niyamgiri news newspapers books scholar JSTOR May 2014 Learn how and when to remove this message The Niyamgiri is a hill range situated in the districts of Kalahandi and Rayagada in the south west of Odisha India These hills are home to Dongria Kondh indigenous people The hills have one of India s most pristine forests in the interior It is bound by Karlapat Wildlife Sanctuary on the north west side and Kotgarh Wildlife Sanctuary on the north east end 1 2 Niyamgiri Hill RangeHighest pointPeakCentral HillElevation1 509 m 4 951 ft GeographyCountryIndiaStateOdishaDistrictsKalahandi and RayagadaBorders onBissam Katak Muniguda Lanjigarh Kalyansinghpur The Environment and Forest ministry of Government of India scrapped a forest clearance given to a mining firm Vedanta Resources to mine bauxite in the area and the mining project was scrapped 3 4 In 2013 the Supreme Court of India asked the tribal people to take the decision in which BMP was rejected in all village council meetings 5 Contents 1 Timeline of Vedanta mining controversy 2 Forest Rights Act controversy 3 See also 4 ReferencesTimeline of Vedanta mining controversy edit7 June 2003 Vedanta Resources enters into Memorandum of understanding with Government of Odisha for setting up of 1 MTPA aluminium refinery and Coal fired power station in Kalahandi district The Bauxite for refinery was decided to be mined from Niyamgiri mountain 6 March 2004 Vedanta Limited applies for the Ministry of Environment Forest and Climate Change clearance September 2004 Vedanta gets MOEF clearance 7 21 September 2005 Central Empowered Committee headed by MK Jiwarajka IFS gives report before Supreme Court of India that the MOEF clearance violates Forest Conservation Act 1980 and Environment Protection Act 1986 8 9 23 November 2007 Supreme Court of India denies permission to mine Bauxite from Niyamgiri unless Vedanta Limited meets conditions 10 8 August 2008 Supreme Court of India gives Stage II clearance for mining in Niyamgiri by over ruling CEC reports of 2005 and 2007 11 2008 2009 Protests by tribals in Bhubaneswar and Kalahandi against mining by Vedanta Resources 2010 Church of England Government Pension Fund of Norway and various other prominent investors withdraw their funds from Vedanta 12 16 August 2010 A four member expert committee headed by N C Saxena submits a report that suggests that mining in Niyamgiri violates Forest Rights Act 2006 and will jeopardize the existence of Particularly vulnerable tribal groups 13 July 2011 MOEF revokes its license for mining at Niyam Dongar 18 April 2013 Supreme Court of India orders for an Environmental Referendum among Particularly vulnerable tribal groups in Niyamgiri through Gram panchayat to decide on mining This is a Landmark verdict called Odisha Mining Corporation vs Ministry of Environment Forest and Climate Change case in which court upheld principles of Panchayats Extension to Scheduled Areas Act 1996 and Free prior and informed consent 14 July August 2013 More than 112 Palli Sabhas of 12 villages unanimously rejects mining by Vedanta Resources in Niyam Dongar sacred mountain 15 16 January 2014 MOEF issues complete ban on mining at Niyamgiri however Aluminium refinery at Lanjigarh was allowed to operate 17 Forest Rights Act controversy editThe issue of controversy over the VEDANTA mining lease on the upper reaches of the Niyamgiri hills in Orissa was examined by an official committee headed by Dr N C Saxena formerly Secretary Planning Commission 18 Here are some excerpts The VEDANTA site the forested slopes of the Niyamgiri hills and the many streams that flow through them provide the means of living for Dongaria Kondh and Kutia Kondh tribes classified as Primitive Tribal Groups that are eligible for special protection The Niyamgiri massif is important for its rich biodiversity It also plays the critical role of linking a whole series of forests and wildlife sanctuaries The two Kondh communities regard the Niyamgiri hills as sacred and believe that their survival is dependent on the integrity of its ecosystem The VEDANTA site is amongst the highest points in the hills and it is considered especially important as a sacred site The proposed mining lease VEDANTA area is clearly the Community Forest Resource area as well as the habitat of the two Primitive Tribal Groups and their villages as defined in the Forest Rights Act Mining if permitted will directly affect almost 20 per cent of the world population of the Dongaria Kondh community The mining operations will destroy significant tracts of forest lands Since the Kondh are heavily dependent on forest produce for their livelihood this forest cover loss will cause a significant decline in their economic well being Mining operations of the intensity proposed in this project spread over more than 7 square km would severely disturb this important wildlife habitat and inflict severe ecological damage Several perennial springs flow from below the top plateau which is a part of the proposed mining lease site VEDANTA area is one of the main sources of Vamsadhara river which would make mining on this plateau a hydrological disaster These Kondh villages have been vested with recognizable community and habitat rights by GoI under section 4 1 of the TFRA and the procedure laid down in section 6 of the TFRA must be followed by the district authorities These rights should have been formalized as soon as the Act came into being on 1 January 2008 As per the Preamble of the FR Act forest dwellers are integral to the very survival and sustainability of the forest ecosystem Therefore in law forests now include forest dwellers and are not limited to trees and wildlife Since the MoEF is charged with the responsibility of implementing the Forest Conservation Act it has to ensure that both forests and forest dwellers are protected Section 5 of the TFRA has authorized the Gram Sabhas to ensure that their habitat is preserved from any form of destructive practices affecting their cultural and natural heritage MoEF as the authority under the Forest Conservation Act cannot override the statutory authority under the Forest Rights Act viz the Gram Sabhas From the meeting with the senior officers and the Chief Secretary it was apparent that the district administration has been reluctant to act fairly and firmly under section 6 of the Act to formalize the rights of Kondh over the VEDANTA area as the state government has already decided to transfer the said land for mining Despite the reluctance of the district administration and state government several Gram Sabhas have passed resolutions claiming community and habitat rights over the VEDANTA area and forwarded the same to the SDLC as provided in section 6 1 of TFRA From the evidence collected by the Committee we conclude that the Orissa government is not likely to implement the FR Act in a fair and impartial manner as far as the VEDANTA area is concerned It has gone to the extent of forwarding false certificates and may do so again in future The VEDANTA Company has consistently violated the Forest Conservation Act Forest Rights Act Environmental Protection Act and the Orrisa Forest Act in active collusion with the state officials Perhaps the most blatant example of it is their act of illegally enclosing and occupying at least 26 123 ha of Village Forest Lands within its refinery depriving tribal dalits and other rural poor of their rights See also editPlachimada Coca Cola struggle The Jengaburu CurseReferences edit Ahmed Neyazi Taberez Tanabe Akio Ishizaka Shinya 11 July 2014 Democratic Transformation and the Vernacular Public Arena in India Routledge p 27 ISBN 9781317694038 Jagger Bianca 12 June 2010 The battle for Niyamgiri The Observer ISSN 0029 7712 Retrieved 18 December 2023 Patnaik Santosh 19 August 2013 12th gram sabha too votes against Vedanta mining via www thehindu com Govt rejects Vedanta s Niyamgiri mining project Jebaraj Priscilla 18 April 2013 Court directs gram sabhas to take a call on Vedanta s mining project via www thehindu com DEO questions the MoU Business Standard Battle for survival Frontline 17 June 2010 Retrieved 18 December 2023 SC declines mining clearance to Vedanta www downtoearth org in Retrieved 18 December 2023 Rautray Samanwaya MOHANTY MEERA 31 October 2014 MK Jiwarajka seeks SC nod to step down as member secretary of CEC The Economic Times ISSN 0013 0389 Retrieved 18 December 2023 SC declines mining clearance to Vedanta www downtoearth org in Retrieved 18 December 2023 Vedanta mining fate in hands of locals Business Standard Hopkins Kathryn 5 February 2010 Church of England sells Vedanta stake over human rights concerns The Guardian ISSN 0261 3077 Retrieved 19 December 2023 Forest alert www downtoearth org in Retrieved 19 December 2023 Niyamgiri 10 years since India s first environmental referendum www downtoearth org in Retrieved 18 December 2023 Palli sabha rejects bauxite mining in Niyamgiri hills The Hindu 22 July 2013 ISSN 0971 751X Retrieved 19 December 2023 Tribals in Orissa s Niyamgiri hills reject Vedanta s bauxite mining project Business Today 29 August 2013 Retrieved 19 December 2023 Odisha s Niyamgiri Hills and Its People Are Still Under Threat The Wire Retrieved 19 December 2023 Saxena Niyamgiri Vedanta mine report PDF 19 35 N 83 24 E 19 583 N 83 400 E 19 583 83 400 nbsp This article related to a location in Odisha is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Niyamgiri amp oldid 1218058007, wikipedia, wiki, book, books, library,
