Outlook India

Even as the government is yet to decide the fate of Vedanta’s controversial mining project in Orissa, a ‘green’ court is likely to deliver its judgement next month on the plea of locals seeking to quash environmental clearance given to the company.

The National Environment Appellate Authority has reserved its order after hearing the plea of tribals and Vedanta group, which has dismissed the allegation that proper process was not followed in obtaining the environmental nod.

“The final hearing in the case was concluded last month and the judgement is reserved. It is likely to be delivered in the next month,” said Supreme Court advocate Ritwick Dutta who filed the case on behalf of 15 tribals (Dongria Kondhs) of Niyamgiri Hills.

In the next few days, Environment Minister Jairam Ramesh is expected to take a final call on the decision of its Forest Advisory Committee, which has accepted the N C Saxena panel suggestions that the aluminium giant Vedanta’s USD 1.7 billion bauxite mining project should not be allowed in the hills.

It has cited a series of environment, tribal and forest rights violations at the site by Vedanta and the Orissa government, which too has strongly denied the allegations.

In their plea before the tribunal, the petitioners have highlighted a host of violations by the environment ministry during the preliminary environment clearance process and prayed that the same be quashed.

They have alleged that in violation of the norms, the project proponent did not made available to them full Environmental Impact Assessment (EIA) report before conducting the public hearing on March 2003.

“This is evident from the notice of public hearing issued by the Orissa Pollution Control Board (OPCB) as well as correspondence that took place between it and the office of the District Collectors of Kalahandi and Rayagada, where the proposed project is located.

“In all the correspondence it is clearly mentioned that only the executive summary of the EIA was made available, which, in fact, was provided only after payment made to Vedanta by the tribals,” Dutta pointed out, terming it a clear violation of access to information to the affected people.

As per the EIA Notification, 1994, copies of the EIA report and the executive summary are required to be made available to the public 30 days in advance free of cost.

The whole purpose of conducting a public hearing is defeated if locals do not have access to the details of the project and its environmental implication, Dutta further alleged.

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3. Indian government rejection of Vedanta bauxite mine a “landmark victory” for Indigenous rights