Is govt's case against Vedanta weakening?
February 26, 2013  09:10
Last week, the ministry of environment and Forests filed an affidavit in the Supreme Court in the ongoing Vedanta case, saying the government and not the forest dwellers will have the final say in diversion of forestland for mining projects.

Though the affidavit reiterated that Vedanta would not be allowed to undertake bauxite mining in Niyamgiri hills in Odisha's Kalahandi district, it may have weakened the government's case against the global mining giant.

When the case was taken up for hearing by the apex court on February 19, counsels of the Orissa Mining Corporation (OMCL) and Sterlite Industries, the Indian arm of Vedanta, strongly countered MoEF's stance in the affidavit that the mining project cannot be allowed because it will violate the fundamental rights of the Dongria Kondhs, a particularly vulnerable tribe that protects and worships the Niyamgiri hills and its forests.

The counsels said that the right to worship does not provide rights over the place of worship and that the state can acquire it in public interest.

The state-run OMCL and Sterlite Industries had proposed to mine bauxite from the Niyamgiri hills for Vedanta's alumina refinery in nearby Lanjigarh.

The forest clearance for the project was, however, rejected by the then environment minister Jairam Ramesh on the grounds that it violated provisions of the Forest Conservation Act (FCA), Environment Protection Act (EPA) and the Forest Rights Act.

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