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Regular-article-logo Tuesday, 27 May 2025

Niyamgiri mining plea

The Supreme Court today referred the Odisha Mining Corporation's plea to a three-judge bench for a direction to 14 gram sabhas in Niyamagiri forest division for considering bauxite mining in region.

Our Legal Correspondent Published 05.03.16, 12:00 AM
The Niyamgiri hills

New Delhi, March 4: The Supreme Court today referred the Odisha Mining Corporation's plea to a three-judge bench for a direction to 14 gram sabhas in Niyamagiri forest division for considering bauxite mining in region.

The bench of Justice Ranjan Gogoi and Justice P.C. Pant referred the matter to a three-judge bench after state standing counsel Shibashish Misra sought a direction on the ground that the Union ministry of environment and forest rejected its plea for mining on the ground that the gram sabhas had refused to give their consent for the same.

The Union ministry had rejected the corporation's plea on January 8, 2014 by citing an apex court direction of 2013. On April 18, 2013, the apex court had, while dealing with an application moved by the corporation, said permission for bauxite mining would be subject to the consent given by the local gram sabhas and the tribal groups.

However, the gram sabhas had subsequently refused to give their consent for mining on the ground that they performed animal sacrifices and worshipped the Niyamgiri hills as their deity. Based on the refusal, the Union ministry had refused to grant permission to the corporation for mining.

The corporation moved a fresh application pleading for a direction to the gram sabhas to consider mining on the ground that the mining regions were 10km from their places of worship.

Further, it contended that the gram sabhas had failed to consider several parameters laid down by the apex court direction, wherein it was directed that the gram sabhas should examine whether the mining would affect the existing forest and customary rights of the tribal people.

Instead, the gram sabhas has merely cited their right of worship as a reason for rejecting the consent, the state pleaded.

State budget

The council of ministers approved the budget for 2016-17 fiscal on Friday. It has prioritised sectors such as agriculture, health and education. According to sources, the estimated budget may touch around Rs 94,000 crore that includes Rs 45,000 crore as plan expenditure and the rest as non-plan spending.

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