By Bizodisha Bureau, Bhubaneswar, May 6, 2016 : The Supreme Court on Friday dismissed state government-owned Odisha Mining Corporation (OMC)’s petition for reconvening gram sabhas to find out whether bauxite can be mined in the Niyamgiri hills. 

A three-member division bench headed by Justice Ranjan Gogoi today rejected the petition filed by OMC.

The verdict by the Apex Court has come as a big jolt to Odisha government trying to revive possible bauxite mining at Niyamgiri to feed Vedanta’s alumina refinery plant.

Union Ministry of Environment and Forests had refused Stage II forest clearance in 2010 to Vedanta 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.

In 2013, the Supreme Court had ruled 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.

In 2014, the state government had scrapped the mining project pouring cold water on Vedanta Group’s alumina refinery at Lanjigarh after all 12 gram sabhas had voted unanimously against mining of bauxite in the Niyamgiri hills.

Senior layer Sanjay Parekh said, “In the last hearing the Supreme Court had told the OMC to make all affected parties respondents in the case. Accordingly, all the 12 gram sabhas, Dongria Kondhs, NGOs were made parties but today the apex court rejected the petition ruling that it cannot interfere in it and asked OMC to take alternative legal option if any.”

The state government remained evasive on the Apex Court’s order with state minister for steel and mines refused to comment on the judgment saying that he had not gone through the details of the verdict.

The state government through the OMC on February 25 had moved the apex 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 C A Sundaram who had appeared for the state government had contended that the gram 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.

Sundaram in the interlocutory application had 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 OMC and Vedanta.

On March 4 this year, a two-judge bench of the Supreme Court had recommended the Chief Justice to constitute a three-judge bench to conduct hearing on Odisha Mining Corporation (OMC)’s interlocutory application seeking reconvening of gram sabhas for bauxite mining in the Niyamgiri hills.

However, the Supreme Court of India on April 1 had directed the OMC to file a fresh petition making all the affected and interested sides as respondents in the application.