SC issues notice to environment ministry on mining in Niyamgiri

Times of India, Aug 1, 2011
NEW DELHI: The Supreme Court on Monday issued a notice to the MoEF on a petition by the Orissa Mining Corporation accusing Jairam Ramesh of withdrawing environment clearance to Vedanta for bauxite mining in Niyamgiri hills just a day before he was taken out of MoEF.


Seeking the government's response, a bench of justices R V Raveendran and Gyan Sudha Misra issued a notice to the ministry of environment and forest (MoEF) and directed it to file its reply within a week.

Senior advocate K K Venugopal, appearing for OMC, said the minister of state for MoEF passed an order withdrawing the environmental clearance just a day before demitting his office, PTI reported.

Venugopal submitted that no mandatory notice was given for this withdrawal.

In this regard, it is pertinent to note that prior to the withdrawal, OMC had approached the apex court three months earlier when the ministry had revoked its forest clearance, which is different from environment clearance and is aimed at ensuring that the project does not lead to depletion of green cover in the area.

Venugopal submitted that the minister withdrew the environment clearance for the project despite knowing that the matter is subjudice and before the Supreme Court.

The court, meanwhile, also allowed Prafful Samanta, on whose plea the MoEF had taken the action, to file an application to be a party in the matter.

Earlier, on April 21, the apex court issued notices to the Orissa government, the environment ministry and Sterlite Industries on a petition challenging the cancellation of forest clearance for the Niyamgiri bauxite mining project in the state on OMC's plea.

OMC had said as per the agreement, Sterlite had to pay Rs 55 crore in the wildlife fund and Rs 10 crore annually, or 5 per cent of its annual profits, whichever was higher, for development of the area.

"Sterlite has to make the payment. They have already paid Rs 55 crore for the wildlife fund and have to pay Rs 10 crore annually for the development of the area," it had said.

Sterlite is the Indian arm of UK-based Vedanta Resources. Earlier, the ministry of environment and forests (MoEF) had given in-principle approval to the project in 2007.

Contesting the MoEF order of August 24, OMC had submitted that the Centre's order was illegal, arbitrary and in violation of the apex court's earlier directions that gave a green signal to the project.

The MoEF had on August 24 rejected the forest clearance granted to Sterlite's USD 1.7 billion bauxite mining project, citing the violation of various forest and environmental laws.

The ministry had refused next stage forest clearance for OMC and the Sterlite bauxite mining project in the Niyamgiri Hills area in the Lanjigarh, Kalahandi and Rayagadha districts of Orissa, accepting the Forest Advisory Committee recommendation for withdrawal of the clearance.