Odisha govt challenges Supreme Court¡¯s judgement in Vedanta bauxite mine case

Government of Odisha has filed an interlocutory application before the apex court challenging the landmark Supreme Court judgement in the Vedanta bauxite mine case. The Court in its judgement had upheld the statutory powers of the tribal village councils under the Forest Rights Act and the Panchayat (Extension to Scheduled Area) Act to decide if they were willing to allow mining to take place in their traditional forestlands or not.

In its application, Odisha government has claimed that no such consent is required from gram sabha for use of forestlands if the government decides that the rights of the people have been settled.

If the application filed by the state against the Union government is accepted by the courts for hearing it could also force the NDA government to take a public stand on the issue after having deliberated the dilution of tribal consent powers behind closed doors since 2014 when it came to power.

In its application, Odisha has also contended that gram sabha resolutions rejecting mining in the Lanjigarh bauxite mines cannot remain perpetually in force. The state has additionally claimed in its application that there were technical errors in the way the gram sabhas were conducted and the resolutions passed to refuse mining in their traditional lands. Making these and other pleas, the state has asked that the gram sabha decisions be set aside, the meeting of the councils be held afresh and the environment ministry’s order rejecting mining based on the tribals’ decisions also be quashed.

However, with nearly three years after the court passed the order the state government has come to court with the plea, could do away entirely with the need for consent from tribals before using their traditional forestlands for industrial purposes.

Mining, especially bauxite mining, in areas inhabited by tribal people, perpetually remains a socio-economic issue that is hard to resolve. Finding a middle way which saves the interest of both the State as well as the common man often becomes a difficult proposition. It remains to be seen when and how the matter is resolved in the Vedanta mine case. Till then, the bauxite mining logjam will continue in this part of Odisha.

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