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In the recently held by-elections in Umerkote in Nabarangpur district the BJD candidate won handily. The winning candidate from BJD had 54,713 votes while the candidate from BJP had 33,652 votes and from Congress had 32,877 votes.

In the 2009 elections the numbers were: BJD candidate – 44326, BJP candidate – 30,155, Congress candidate – 25,512.

Although this is just a single point data, but based on such data, my informal survey of people, my observations, and some other reasons I give below I predict the following:

• BJD will win the next assembly and parliament elections handily in Odisha and it may even have more parliament seats than it got in 2009.

I now give some reasons for my prediction.

• In the 2009 election BJD jettisoned BJP at the last moment; so it was not as prepared in some of the constituencies which had BJP representatives.
• For the same reason, during the 2009 elections, in many people’s mind BJD and BJP were aligned together, while Congress was the opposition. So with the vote split between BJD and BJP, Congress was able to sneak through in some places.  Good examples of this situation are the Balasore and Sundergarh parliamentary constituents. In both places the BJP had strong candidates (in Kharabela Swain and Jual Oram, respectively) and thus the anti-Congress votes got split resulting in Congress wins in both places. The situation will be different in the next election. In the next election the anti-government votes will get split between Congress and BJP and both will do worse than they did in the 2009 elections.

Now let me list some of the attributes of the BJD party and its government and some points regarding the situation in Odisha.

• BJD’s supremo is a gentleman and closely guards his party members at all levels to follow some basic principles. There are aberrations, but he sorts them out expeditiously. Following is what I mean.
  • The state ministers have very little authority or power. That way they don’t have much of an opportunity to engage in corruption; they can not do any corruption on behalf of the MLAs; the MLAs themselves or party workers at lower level  can not indulge in any big corruption. So in general, there is no (or very little) visible corruption among BJD MLAs and ministers, especially towards personal gain. (Note: All parties in India get their party funds from various sources. There is some corruption involved in that.)
  • The state functions via the bureaucrats and the important departments are headed by bureaucrats that have more or less spotless reputations. So the corruption by higher bureaucracy is not there.
  • With a long running government BJD has a lot of party workers, but they are not like cadres of other parties. They are restrained from indulging in violence or similar activities that would antagonize the people. The BJD party and the Odisha government’s way of dealing with Kalinganagar and POSCO situation and its comparison with Singur is illuminating. In both Kalinganagar and POSCO, although the opposition parties have indulged in unlawful and sometimes violent methods, the BJD party has not countered with its cadres. The government has followed the strategy of wearing people out with time and leaving matters to law and order authorities but with strict instructions to be soft. Thus, even though some newspapers published by opposition parties have used the term "BJD goondas", the public does not have such a view of BJD having a goonda cadre.
• BJD has given SOPs to the poor people (2 Kg rice), have indulged in populist people pleasing policies (bicycle for girls), and has sincerely helped people during calamities. So its popularity among common people is growing.
• In essence, the government and the BJD party is not heavy handed and not arrogant and is perceived as people friendly. Ofcourse pockets of people are unhappy in places (e.g. Dhinikia) where promotion of industry clashes with people wanting to be left alone or people agitated by others; but by the government and its party not being heavy handed, arrogant or violent, such unhappyness is localized and as in Kalinganagar, it decreases with time. 
• The *local* media–especially the top news papers–in Odisha keep a sharp eye on the government. They scrutinize every action and inaction of the government and are mostly critical of the government. They rarely praise any government initiatives. If one is not careful, one solely reading the local media may start having a distorted image of Odisha. But, although, I often feel bad by the negative portrayal of  many things in the local media I realize that in the big picture view, this is good for Odisha. It keeps the government on its toes, keeps it in check, and prevents it from being arrogant. Once one takes the perspective that the job of the opposition and the local medial is to "oppose", "criticize" and "scrutinize" every government actions, and they are able to do that well and freely, then it is easier to get a better picture. Reading some comparative articles in the national media, such as this, also helps.

So how does BJD winning another term after this term reflect on Odisha’s future.

• It means that the current policies will continue and some of the big projects will happen. In particular, POSCO will go the Kalinagnagar way with the resistance slowly decreasing and development creeping in. Already a good chunk of the land has been acquired and basic efforts for construction (such as access roads) have started. The opposition can stop some of the land being acquired but they can not lawfully stop construction to happen in land that has already been acquired. They are trying, but I don’t see such unlawful efforts being sustainable. Similarly, if the Supreme Court gives ok to the Vedanta University land acquisition so far, then that will happen too. For both these big projects one can look back at Kalinganagar and Dhamara as models. In both Kalinagnagar and Dhamara, it took much longer than originally projected, but they happened. My prediction is same with respect to POSCO and Vedanta University.
• Although by various measures (of investment) Odisha is among the leading states in the country there is the perception that things move very slow here. The perception is true, but perhaps moving slow is necessary. Running roughshod over the people backfires in many ways. Again, Singur, West Bengal is a good example of that. Also, Chandrababu Naidu’s fast moving steps did not help him win the next election. So Odisha will move forward in a slow and steady manner slowly modifying some of the people’s anti-industry attitude and taking them along.

The above are broad stroke observations. There would be exceptions at individual levels. Similarly, the predictions are based on assuming that no abnormal events happen; the future is unpredictable and small events can change everything.

Now what can Odisha and BJD do better.

• Rope in good technocrats and have more people with decision making authority: I think BJD and Odisha would do better if BJD ropes in some good technocrats who have spotless reputations. There is so much one CM and a few trusted officers can do. The party needs to find a few more people within its ranks and increase its ranks with people it can trust (to be effective and not corrupt) and have more people with real decision making  authority.
• Find ways to listen to local and regional voices: Currently, most in BJD are winning elections because of the party supremo’s image. Plus the tight control from above results in that they do not have much of a voice in government decisions. As a result they are not able to forcefully state regional aspirations and demands. This results in regional aspirations and demands being sidelined. For example, in this site we have highlighted many demands of Rourkela people. Because the local representatives (MLAs and one of them happen to be a minister) do not have much of a voice, for little things (like a new train) they have to hit the streets. This is not healthy and could ultimately result in BJD’s downfall and/or more vocal demands to split the state. If the MLAs and ministers can not be fully trusted and the trusted officers rule the roost in the government, may be a few more senior officers (besides the RDCs) can be each entrusted with a cluster of districts to look after. In particular, their job would be to bring to the higher level of the government demands and aspirations of people of those districts.

In the following excerpts from a report in Business Standard Haridaspur-Paradip and Talcher-Bimlagarh are listed as strategic projects. I hope they are fast tracked.

… Delays in land acquisition and forest clearances continue to stand in the way of completing strategic projects like the 82-km Haridaspur-Paradip line and the 154-km link between Talcher and Bimlagarh, both in Orissa. While the first project is to give good port access to units in the steel hub of Kalinganagar, the second is designed to step up evacuation of coal from mines at Angul and Talcher.

…This is why India, endowed with the world’s fifth largest bauxite deposits and the fourth largest coal reserves, has emerged as a preferred place for making aluminium. Within the country, Orissa is where every aluminium maker wants a presence. That is why the Vedanta group, in spite of being solidly anchored in Chhattisgarh, thanks to its 50 per cent ownership of Balco, with capacity of 345,000 tonnes and then giving shape to a 650,000-tonne smelter there, wants to create alumina capacity of five mt and smelting capacity of 1.6 mt in Orissa, with adequate upstream integration in bauxite mining and coal-based power.

NAY SAYERS
Unfortunately, Vedanta is not able to realise what it has set out to do in Orissa, as it fell foul of pressure groups such as Amnesty International and Survival International and also of the ministry of environment and forests. The Niyamgiri Hills, from where Vedanta’s refinery is to draw bauxite, is considered sacred by Dongria Kondh tribesmen. But why should the company be stopped to take out bauxite from there if it is ready to resettle the displaced people and practise environment-friendly mining?

As a result of the impasse, Vedanta is required to source bauxite from outside, totally upsetting the considerations for hosting a refinery at nearby Lanjigarh. The denial of mining at Niyamgiri is setting a bad precedent for the mining sector. Redemption for Vedanta would hopefully come, with the Orissa government committed to offering alternative bauxite deposits.

There are some recent news on Vedanta’s expansion in Lanjigarh. But the news are confusing. Following is an excerpt from a September 17th report in Times of India.

Vedanta has suffered another setback in its fight-back to expand the aluminium refinery in Orissa after the Union environment ministry had struck down its environment clearance for violations.

The Cuttack bench of the Orissa High Court backed the environment ministry and ordered that Vedanta would have to apply afresh for a clearance for expansion if it wants to.

Following is an excerpt from a September 19th report in ndtv.com.

The ministry of environment and forests has cleared Vedanta Aluminium’s project in Lanjigarh, Orissa. 

The expansion of Anil Agarwal-led Vedanta Aluminium’s four million tonne Lanjigarh refinery plant in Kalahandi had been put on hold by the Union Environment Ministry  on October 21, 2010.

… Environment ministry’s expert appraisal committee (EAC) has cleared the project with 70 conditions, sources told NDTV. Major conditions among them are:  Five per cent of the total project cost would be spent on social welfare projects.The company will maintain air, water quality & develop 164 hectare of plant area as green belt.

Others conditions say that the company will also submit rehabilitation and resettlement policy covering tribals, which should be in line with government policies. The company will also be required to submit corporate environment policy approved by its board.

Read more at: http://profit.ndtv.com/news/show/vedanta-s-aluminium-project-in-orissa-gets-green-nod-178542?ch=kjjbhrkjrhplkmn&cp

Read more at: http://profit.ndtv.com/news/show/vedanta-s-aluminium-project-in-orissa-gets-green-nod-178542?ch=kjjbhrkjrhplkmn&cp

Following is excerpted from a report in Business Standard.

• Overall: employment for 39104 people in the state by the end of December 2010.
• Steel sector: 31164 jobs which includes employment for 22399 people from the state and 8765 people from outside the state.
• Aluminium sector: 5474 people including 3657 from the state and the remaining 1817 outside the state. Investment worth Rs 11017 crore has been grounded in this sector.
• In the aluminium sector, Vedanta Aluminium Ltd (VAL) has been the biggest job creator, generating over 5000 jobs through its one million tonne per annum (mtpa) refinery project and 75 MW captive power plant (CPP) at Lanjigarh in Kalahandi district and aluminium smelter complex at Burkhamunda near Jharsuguda with a smelter capacity of 0.25 mtpa and a 675 MW CPP. At its refinery plant, VAL has employed 2523 people from Orissa and 1091 persons from outside the state. Similarly, 1026 people have been engaged from the state for VAL’s smelter plant while 686 others have been hired outside the state. VAL’s total investment on the refinery plant and smelter complex stands at Rs 9084 crore.
• Aditya Aluminium Ltd has invested Rs 1875 crore on its one mtpa alumina refinery at Rayagada and a 0.26 mtpa smelter plant cum 650 MW CPP at Sambalpur. The company has created jobs for 63 people from the state and 34 others outside the state.
• Cement sector: The total employment generated stands at 1502 by the end of December last year.
• OCL Cement Ltd has generated employment for 1494 people and the company has invested Rs 697.46 crore out of a total project cost of Rs 850 crore for its 1.10 mtpa cement manufacturing unit at Rajgangpur. The other two investors in the cement sector- Ultratech Cement Ltd and ACC Cement Ltd have made negligible progress on their projects in the state.
• In the power sector, the Independent Power Plants (IPPs) have generated employment for 964 people.
• Sterlite Energy Ltd has commissioned the first unit (600 MW) of its 2400 MW IPP, four other IPPs- GMR Kamalanga Energy Ltd, Monnet Power Company Ltd, Jindal India Thermal Power Ltd and Ind-Barath Energy (Utkal) Ltd have started construction.

Earlier some news papers had reported that with the Cairn’s deal and the upcoming IPO of Sterlite Anil Agarwal may become the richest Indian and among the 5 richest in the world. Considering his interest in Odisha (for now in Kalahandi, Jharsuguda and Puri) it is important to know about what he has in mind. An interview is a better medium than articles and propaganda pieces. So here is an excerpt from his interview to CNBC as given in moneycontrol.com.

Q: Let me talk about the other controversy that you are currently dealing with and that is with your Lanjigarh refinery where the ministry of environment or the center has said that you violated environmental norms, you did not have appropriate clearances before you went ahead and actually began construction and your expansion there. You have of course refuted all of these allegations, you have responded to the government showcause notice to you. There was a committee that actually setup, and the committee also said that you flouted the environment norms. is it the end of the road as far as your Lanjigarh expansion plans are concerns? Are you feeling more confident? Have you spoken with Jairam Ramesh? Do you intend speaking with Jairam Ramesh to present your case?

A: Let’s look at the overall picture. This is a story of aluminium. We are in a natural position to produce aluminum which is green metal which is required for human development on a day to day basis. China produces 22 million tonne of aluminium against the 1.5 million tonne that we produce.

In seeing that Rs 45,000 crore has already been invested in the aluminium sector and we are producing aluminium and we are running this plant very well. Now to produce aluminium we need bauxite. That’s a fundamental (requirement) to have bauxite. India has one of the finest and huge reserves of bauxite, of which Orissa has largest bauxite and Lanjigarh area has the largest bauxite and that’s why we setup the plant there.

The intention is that we have already invested the money. At the moment we are buying the bauxite from outside and running the plant which is not natural. We have complied with all the rules. Why would somebody go to Kalahandi and invest USD 2 billion. It’s the most backward area of India. We have gone there and invested on the presumption because here is the bauxite and here development will take place. Lanjigarh and Kalahandi have a different face today.

Q: But the tribal community that is currently based there in the Niyamgiri Hills believes that they don’t want Vedanta, they don’t want your refinery, they don’t want you to mine there. And you’ve had NGO after NGO, you’ve had the Church of England, you have had Bianca Jagger, you have had the Center for Science and Environment, you have had of course the government appointed committee saying that you are in violation of environmental norms. The Center for Science and Environment has gone as far as to say that Vedanta and Anil Agarwal are history sheeters when it comes to environmental violation?

A: You must know that I have used this word not a blade of grass has been moved. What are you talking about violating the norms? Not a blade of grass has been moved on that and that mine isn’t on our name. We were supposed to get the clearance, with the joint venture or the Orissa government was supposed to do and before that this came up. Sometimes I believe that there are vested interests.

Q: You believe this is because of vested interest?

A: I’m just saying because how long India will stop? We have to produce aluminium which is required for our day to day development because thousands of industries are to be developed on the basis of aluminium.

Q: But at the cost of destroying the environment, at the cost of displacing the tribal community that is based there because that’s the allegation?

A: One thing I can tell you as Anil Agarwal, I will never flout. I am more sensitive about our people, our Adivasi people than anybody else. I am more sensitive. Orissa is only bauxite – bauxite – bauxite. We all are working together; we are looking forward to get the bauxite to run our plant.

Q: Is this politics at play? Let me ask you directly do you feel that this is politics at play, that you have gotten caught between the politics of the BJP, the BJD and the Congress party. Rahul Gandhi visited the Niyamgiri region, visited Lanjigarh and said that I am your sipahi in Delhi, I am the tribal community’s sipahi in Delhi. Do you believe that you have gotten caught between the politics of the Congress, the BJP and the BJD?

A: I can tell you that Rahul Gandhi was very clear that he is not against development. He was definitely and we all are with him as far as tribals are concerned. We will make sure that whatever the government policy is and whatever the government wants for the tribal, as far as we are concerned we are not going to touch anything unless it has been completely settled down. But Orissa has huge Bauxite. What you are talking about is may be quarter percent of what they have.

Q: You can shift the location you are saying. That if indeed you were not get clearance as far as mining in this region is concerned you would look at other regions?

A: Because there is only Bauxite. Huge employment will be created; we need aluminium and the 25 years can you believe after Nalco there is no mining which has opened.

Q: Are you going to talk to the Congress, have you reached out to the Congress party? There seems to be a perception that there is some sort of trouble when it comes to the Congress and its relationship with Anil Agarwal, is that a true perception?

A: I don’t have to believe because everything has been done. What you are seeing what has not happened. What you are not seeing is what has happened. We have invested almost USD 20 billion in India, created huge employment, paying huge income tax. There is no reason to believe that government is not with us. Otherwise they will never do it.

But when the question comes of tribals we are with them. When it comes to Cairn Energy I am giving them enough, if there is anything which we can do to take the country into the next level. So if you look at our credentials, we have worked with the government all the time and we have got all our clearances for our power plant, for our aluminum plant.

Q: Jairam Ramesh doesn’t seem to think so?

A: He has given 50 clearances to us, except these two clearances. I am just thinking 40–50 clearance must have come through him.

Q: So what is the problem with these two clearances you think because you continue to believe that you have done everything as far as getting the environmental clearances are concerned, that you have not flouted any norms, why do you believe that we have reached this point where you have been asked not to construct further, not to expand further, there is a status quo as far as your plans for Lanjigarh are concerned?

A: We are in democratic country, we are not in China. When something is there somebody has to address and we all are addressing jointly because my agenda is not different than the government’s. We live in a democratic country and we have to take our society with us.

If you look at it, aluminium is very important metal and we have to make sure that a couple of million tonne of aluminium is added to our country.

Earlier we posted the author’s article in English. This is for the benefit of Odia readers.

Following is an excerpt from a report in Business Standard.

Under the proposed SEZ Policy, the state government shall not encourage SEZs based on mining and minerals like iron ore, chrome ore and bauxite. However, SEZs based on the use of intermediate products like alumina for smelting, primary metals for further processing on the value chain and rare minerals like tin, limenite, nickel, platinum and vanadium will be allowed.

Moreover, the state shall not encourage SEZs based on activities like mining that cause pollution. The Orissa State Pollution Control Board shall prepare a list of such industries and the same would be notified by the state government as a negative list.

The mineral based SEZs already approved shall undertake to develop and promote related downstream industrial complexes over a minimum area as prescribed by the Government of India. In the event of non-compliance of this condition, all state concessions shall be withdrawn.

The State Level Single Window Clearance Authority (SLSWCA) shall be the competent authority to screen and recommend SEZ proposals irrespective of the magnitude of investment.

All recommendations of SLSWCA would be placed before the High Level Clearance Authority for approval before making any recommendation to the Government of India.

The state government owned Industrial Promotion and Investment Corporation of Orissa Limited (Ipicol) would function as the state level nodal agency for receipt, scrutiny and placement of the applications before the SLSWCA.

For sector specific projects, the respective nodal agencies like the Orissa Computer Application Centre (OCAC), Industrial Infrastructure Corporation of Orissa Limited (Idco) and Agricultural Promotion and Investment Corporation of Orissa Limited (Apicol) will receive and scrutinize the applications.

As per the SEZ Policy of the state, the import of goods and services made to SEZ units located within the processing zone from the Domestic Tariff Area shall be exempted from Value Added Tax (VAT), entry tax, electricity duty and other cess payable on sales and transactions.

The SEZ Policy of the state has not envisaged any special provisions for backward districts like Kalahandi, Bolangir and Koraput and tribal dominated areas.

Till now, four SEZs have been notified in the state– the sector specific IT/ITes SEZ at Chandaka Industrial Estate in Bhubaneswar developed by Idco, sector specific SEZ for stainless steel and ancillary downstream industries at the Kalinga Nagar Industrial Complex being developed by JSL, aluminium and aluminium products SEZ at Lapanga near Sambalpur being developed by Hindalco Industries and another aluminium SEZ with Captive Power Plant being developed by Vedanta Aluminium Limited at Jharsuguda.

Some of the other Orissa related SEZs plans and approvals that are not mentioned in the above article are (see also http://www.orissalinks.com/orissagrowth/archives/1305):

• Recent approval of IT/ITES SEZ of Suryo Infra. in Bhubaneswar.
• Approval of Solar SEZ by Lanco Solar in Ramdaspur Cuttack.
• Proposal by Geetanjali gems and minerals.
• Work has started for theTATA SEZ in Gopalpur.
• POSCO SEZ in Paradip (Dec 2009: asked to file fresh proposal).
• Saraf Agencies SEZ for Titanium in Chhatrapur (Saraf pulls out; Odisha asks Russian company to speed-up; perhaps no longer an SEZ.)
• Wellspun garments SEZ in Choudwar: 200 acres (??)

Following is from http://the-diplomat.com/indian-decade/2010/08/29/orissa’s-pyrrhic-victory/.

… Some commentators in the Indian press with a strong anti-corporate orientation, meanwhile, are also gleeful that the project has come to a halt.

Ostensibly, this delight stems from having stopped a greedy multinational corporation from ruthlessly exploiting the natural resources of a remote part of the country and the traditional homelands of some of India’s adivasi (original), tribal population.

Yet despite the delight of these disparate groups with the decision, a more sober and dispassionate analysis suggests that the ultimate losers may well be the hapless tribal population who are the inhabitants of this region.

Generations of governments, despite loud promises, have done woefully little to improve their lot. The region lacks adequate roads, has few public clinics, limited educational facilities and an appalling lack of employment opportunities. Consequently, the locals remain mired in harsh and abject poverty.

The mining investment might not have been a panacea for their many woes. However, it did offer the promise of new schools, better roads, the opening of hospitals and above all the prospects of better-paid work. With the seemingly sagacious decision, none of those possibilities will materialize despite the rather facile promise from a popular Congress member of parliament, Rahul Gandhi, that he would act as the ‘sipahi’ (guard) of their interests in New Delhi.

What is being portrayed as a great victory of environmentalism is sadly little more than a crass effort to win the votes of the tribal population in a desperately underdeveloped state. The Indian state that has long failed to protect and improve the plight of the country’s tribal population needs to do far better than what transpired this week. More to the point, romantic environmentalists and their cheerleaders in the press should think about how they are becoming unwittingly complicit in the Congress’ Party’s feckless quest for votes.

His short bio from the same page:

Ganguly is the Rabindranath Tagore Chair in Indian Cultures and Civilizations and a Professor of Political Science at Indiana University, Bloomington. Ganguly is the author, co-author, editor or co-editor of twenty books on South Asia and serves on the editorial boards of Asian Affairs, Asian Survey and Current History among others.

Earlier the media thought that the underdogs were the locals and tribal and the valiant NGOs fighting for them against the big monster Vedanta. So all the stories (except direct publishing of Vedanta press releases which they had to do once in while to keep getting Vedanta’s ads) were from the angle of how mining in Niyamgiri would destroy the way of life of the tribals. How Vedanta did this mistake or that mistake which was magnified and circulated by the NGOs. No body outside of the government and Vedanta dared to defend the mining aspects as they were afraid of being labeled as bought outs, being bribed, or just monsters who do not care about poor people and tribals.

But now it seems Jairam Ramesh has behaved in such a high handed and partisan manner that slowly the media is discovering the other side of the story; which they mostly ignored earlier.

Here are some of the coverages.

1. From http://ibnlive.in.com/news/volteface-vedantas-opposer-turns-soft/129818-3.html.

In a shocking volte-face, the most vocal tribal voice against the Vedanta project in Niyamgiri hills of Orissa, is now its brand ambassador – Jitu Jakesika is now trying to convince tribals on the benefits of the mining project. Twenty-two-year-old Jitu Jakesika belonging to the Dongoria tribe of Orissa had come out in fierce opposition against the Vedanta mining project in 2008, when Rahul Gandhi had first visited Langigarh. He’s now crossed the line and is espousing the Vedanta cause.

"The NGOs and the political parties used to come to us and tell us that Vedanta would blast at Niyamgiri hills to extract bauxite and thus our livelihood and culture would be destroyed. I was convinced by their theory though I was educated. Later, I realised that this mining project will not have a detrimental effect on our livelihood and culture in any way. It would rather usher in development in our area." In 2009 Jitu was sponsored by Vedanta to study business administration in Bhubaneswar. His views have changed since. Jitu’s critics allege bribery and corruption. But he is unfazed.

"Our tribal people worship at the Niyamdanga hills not at the adjoining Niyamgiri hills as is being propagated by the NGOs. So where is the question of our worship place being destroyed coming from? We tribals worship mostly in our houses," insists Jitu.

Vedanta had also sponsored a visit of the tribals to NALCO’s bauxite mining site in Koraput, gaining some supporters for the mining project in the process. Now, Jitu has intentions of visiting Delhi soon to meet Rahul Gandhi and the prime minister and convey to them that all tribals in his community are not against the Vedanta project. However, whether Jitu’s contrarian voice would be heard or not isn’t clear yet.

We earlier mentioned Jitu in our article http://www.orissalinks.com/orissagrowth/archives/3762.

2. From a rediff article by Nilmadhab Mohanty.

First, the manner and time-line followed in the decision-making. The Orissa state government seems to have applied for final clearance in August 2009.

The Forest Advisory Committee (FAC) has been deliberating the proposal at least since November 2009. In addition to the information submitted by the State and the central government’s own agencies, it had the benefit of the recommendations made by a three-member expert group which submitted its report in February 2010.

FAC then asks for yet another committee under the Ministry of Tribal Affairs, which is the nodal agency in the central government for tribal rights. The environment minister, however, appoints his own committee (the Saxena Committee) in the last week of June 2010.

Then the pace quickens: The environment minister writes to the law ministry on July 19 to obtain the Attorney General’s opinion if the ministry of environment and forests (MoEF) apply its mind and decide in the light of the Supreme Court’s earlier decision giving forest clearance.

 

The AG replies promptly on the following day; Saxena submits report on August 16, FAC deliberates without much loss of time and submits recommendations on August 23, and the minister announces his decision with a 20-page reasoned order on August 24, 2010!

The must be a record in governmental working! The affected party, namely the Orissa government, is hardly given any chance to given an explanation to the MoEF.

In fact, the hapless Orissa officials seem to have met the minister on August 24 when he was in a tearing hurry to announce his decision!

 

The highhandedness I refer to is that fact that Ranesh did not give much of a chance to hear the Odisha government’s response to the Saxena committee report. He seems to have already made up his mind. So much so that Rahul Gandhi’s trip to Kalahandi was already announced on August 21st, while CM Naveen Patnaik met PM Manmohan Singh and Jairam ramesh on August  23rd and Jairam Ramesh met the Odisha government officials on August 24th. 

No one will believe that Rahul Gandhi made the decision to visit Kalahandi without knowing what Ramesh’s decision would be. Ramesh’s scant regard for what Odisha has to say on the issue shows his highhandedness. His informing Rahul Gandhi about the decision before even the report was submitted by FAC on August 23 shows that the government in Delhi is not a democratic government but a fiefdom of the Gandhi’s.

There are many more disturbing questions raised by the rediff article by Nilmadhab Mohanty.

3. The article by Saubhik Chakrabarti in Indian Express raises many other questions.

4. The blog entry at http://www.hindustantimes.com/7-questions-on-Vedanta-Niyamgiri-and-economic-development/Article1-593564.aspx

5. Tavleen Singh in Indian Express: http://www.indianexpress.com/news/politics-pollutes-the-environment/673939/0

6. Indian Express Editorial: http://www.indianexpress.com/news/whose-agitation/673470/0

7. B G Verghese in Business Standard: http://business.rediff.com/slide-show/2010/sep/06/slide-show-1-was-it-right-to-stop-vedanta.htm

http://www.business-standard.com/india/news/b-g-verghese-stop-vedanta-stop-india/406911/

See also his op-ed in Expressbuzz.com.

Following is from his article in http://www.indianexpress.com/news/orissas-unobtainium/673845/0. 

…Niyamgiri, or Niyamgiri hill range—more than 100 hills; 250 square km approximate area—justifies the use of a few cliches. Lush. Verdant. Breathtakingly beautiful in clear, early morning light. The abundance of flora is easily evident (fauna, of course, is not easily spotted, but there are indisputable authoritative declarations on its abundance). Dense clusters of fruit-bearing trees on the slopes can pleasingly unnerve a typical city type. Niyamgiri mangoes are going for Rs 5 a kg or even less at small local markets. Medicinal plants that grow on the hill slopes, say locals, can cure severe wounds. A long trip to the indifferent care of the public heath centre is not required. So, yes, you can think ‘unspoilt’. Many members of the local tribal population—Dongria Kondh, who live on the upper slopes of Niyamgiri and the Kutia Khond, who live near the foothills—were bussed in for Rahul Gandhi’s rally on Thursday, and many of them were clearly happy that mining in Niyamgiri is now stalled.  …

There are plot twists. Seven twists, in fact.

1. A question on local tribal custom.

2. The nuanced answer to the question, what do tribal groups want?

3. How the private investor in Niyamgiri is a bad advertisement for private investment.

4. Where’s the ruling party in Niyamgiri politics?

5. Can we assume a tribal arcadia?

6. Could Niyamgiri have become a laboratory of intelligent mining?

7. Can Orissa afford the Niyamgiri decision?

First twist: That the tribes are protected groups, under Schedule V of the Constitution, that wildlife protection rules apply to much of the area, that the ecosystem is something special are all undisputed facts. That tribal groups have always associated their deity with the hilltop is also supposed to be undisputed. But if you ask around persistently, you don’t get a clear answer. Some locals, otherwise unimpressed with Vedanta’s development efforts, say the hilltop becoming ‘sacred’ is a recent change. Many others dispute this. And this lack of local consensus on what should be widely known local tribal tradition is important because bauxite in Niyamgiri resides on the hilltop—that’s where the mining was to happen before the Central environment ministry denied Orissa Mining Corporation a clearance. This part of the story is more complicated than the usual anti-mining narrative suggests.

Second twist: What are the tribal groups opposing? They are opposing mining on the hilltop. But are they opposing the building of social and physical infrastructure in an area that’s staggeringly underdeveloped even by Indian standards? The answer’s no, and that might seem obvious. But its implications are not obvious. No one denies that successive state governments, Congress or BJD, have been worse than negligent in terms of building social/physical infrastructure. Niyamgiri is in Kalahandi, which is part of the infamous KBK (Koraput-Bolangir-Kalahandi) group of districts: extreme underdevelopment is the KBK signature. KBK districts account for 72 per cent of Orissa’s below the poverty line population. Of the 82 very backward blocks in Orissa, 53 are in KBK. KBK literacy rate is an abysmal 43.3 per cent, while Orissa’s state-wise average is 63.08 per cent. These are all figures (source: 2002 Orissa BPL Census) that tell a dreadfully grim story. And everyone in the Niyamgiri battle, whichever side they are on, agrees.

Siddharth Nayak, leader of Green Kalahandi, a local activist group that counts among its supporters Vandana Shiva, Medha Patkar and Arundhati Roy, said lack of minimum and halfway reasonable quality infrastructure is a big problem. He also said Vedanta Aluminum Ltd (VAL) hasn’t developed as much infrastructure as promised. This is a complaint made by many locals, tribal or otherwise. But if there’s no Vedanta, or no mining, no trigger effect from private investment, who will develop infrastructure, build schools, hospitals, roads? To say that the state administration should do it seems a bit of a cruel joke given decades of history. And especially because local infrastructure is linked to local economic vitality.

There’s no convenient railhead for Kalahandi, a brutal reminder of the district’s lack of minimum economic heft. Apart from agriculture in tiny holdings and forest produce, the latter, consumed and sold locally, and therefore offering no multiplier effects, Kalahandi has little to offer, except a king’s ransom in minerals. Eco-tourism on hills like Niyamgiri is the local activists’ favourite solution to act as a development trigger. But will eco-tourism concentrating on the lush hill ranges bring in the kind of investment that large-scale industrial activity can? And minus the large-scale investment, can enough jobs and enough infrastructure be created? Locals loudly complain that Vedanta doesn’t employ enough of them, that its school—DAV Vedanta School, an impressively well-appointed facility—doesn’t enroll enough tribal/non-tribal children. Vedanta officials deny this. But the fact of these complaints says something: that there was and is a strong expectation, from tribal and non-tribal locals, that big private investment can have beneficial effects. If we assume Vedanta’s corporate social responsibility hasn’t been up to the mark, then the question, from locals’ point of view, is one of more locally engaged private investors, not solely of the absolute villainy of private investors. But the villainy is what the simple narrative of Niyamgiri highlights.

The more nuanced telling of this story comes from the likes of Raju Sahu who came from Bihar to Kalahandi 10 years ago and runs four tea/food stalls on the state highway that links Lanjigarh—where Niyamgiri and the Vedanta factory are situated—to Bhawanipatna, the district HQ. Sahu says his business has more than trebled since Vedanta started operating from here about four years ago. But he complains: what will happen if operations shut down, and why isn’t the state highway in a better condition; his business would be even better then. All along the road and right up to the site of Rahul Gandhi’s rally, tiny businesses run by locals talk of a quantum jump in sales and brood about it all ending. They, too, are locals, and the Niyamgiri story and the Kalahandi story can’t be delinked from what they represent: the possibility of local economy regeneration.

Third twist: Vedanta hasn’t made it easy for themselves or for the cause of private investment. This is apparent even if one sets aside questions about how Vedanta set up its bauxite refinery, how it increased the capacity and the sources of its current bauxite.

Vedanta officials offer you stacks of folders on CSR activities. But local complaints on Vedanta’s less-than-stellar efforts are universal. Lanjigarh or the wider area surrounding it doesn’t even look like a company town, as habitations surrounding big industrial projects often do. The bauxite to aluminum business gives very high returns. Those kind of margins sharpen the question of effective spending for local development.

Also, the company faces several allegations of what activists call its “reliance” on strong-arm methods. A recent case, much mentioned by activists and Congress leaders, is that of the police picking up Lado Sikaka, a Dongria Kondh, and later releasing him. Sikaka says he was brutally roughed up and was almost “kidnapped” because, as he alleges, he’s a prominent anti-mine activist. The local police say picking him up was an error. Vedanta says it doesn’t support any strong-arm methods. But perceptionally, the company seems to have lost this battle.

The state highway mentioned earlier is a good example of bad optics. Vedanta’s 16 tonne carriers, which weigh 33 tonnes when packed with aluminum oxide produced in the plant, trundle down this road every day, 30 trips a day on average. The road shows the toll of this traffic. Local administration officials admit the state highway, never top quality in the first place, is in increasing state of disrepair. They talk about charging more toll from the carriers and rebuilding the road. But, strangely, Vedanta hasn’t helped in making this road better. The company’s response to this highlights the local administration’s responsibility, while adding that it has built roads elsewhere. But this is literally the road to the project. It was entirely appropriate therefore to see, on this road, a shabbily painted Vedanta signboard, hanging askew, with a Rahul Gandhi poster pasted smack in the middle of the board. That pretty much tells you the story of Vedanta’s big PR problem in Lanjigarh.

Another aspect of the same problem is how Niyamgiri was planned to be mined. The Orissa Mining Corporation and Sterlite (Vedanta’s sister concern) formed a joint venture, the Southwest Orissa Bauxite Mining. Sterlite has 74 per cent shareholding. This JV was supposed to act for OMC in choosing and monitoring mining on the Niyamgiri hilltop. But given that the controversy on Niyamgiri mining was brewing for two years, was this arrangement—essentially Sterlite in charge of ensuring good mining practices for bauxite that’s needed by its sister concern Vedanta —the smartest? Vedanta officials say Sterlite’s experience makes it ideal for the purpose. But they don’t have a good answer to the question whether this is credible in a charged atmosphere. Knowledgeable local activists keep making this point, with some justice.

Fourth twist: The absence of enough competition in local politics. The Congress is front and square in the Niyamgiri agitation, delighted now by its ‘victory’. But where is the BJD, Orissa’s ruling party? The line between activists and the Congress is muddled enough for the local Congress MP, Bhakt Charan Das, to have been a past head of Green Kalahandi. But the BJD is so politically ineffective here that bandh calls on Wednesday and Thursday were comprehensively ignored. The BJD’s local weakness may seem surprising for a party that has won three state elections, and whose chief minister, Navin Patnaik, has made a determined effort to appear tribal-friendly. The explanation lies in the vagaries of alliance politics. When the BJD and the BJP became allies, Kalahandi was given to the BJP to build a base. The alliance broke up on the eve of the 2009 assembly elections. So, the BJD essentially had a late start in Kalahandi. That political weakness has resulted in giving the local Congress, which was always strong in Kalahandi, a headstart in political mobilisation on Niyamgiri. Had the BJD been stronger, had it been in a position to work among local tribal groups, the contest would have been more even. Local BJD officials admit this privately.

The Niyamgiri story is not just about activists and tribal groups, it’s also about the Congress getting an unusually clear political field. There are no credible local politicians to speak for the mining project. The sharp irony here is that Patnaik is also the forest minister, who has publicly led the campaign for tribal land rights, but the Niyamgiri mining proposal has been deemed dramatically violative of forest rights. There’s no local BJD counter-point to this.

Fifth twist: Tribal arcadia? Yes, Niyamgiri provides plenty of natural resources. Yes, the hill inhabitants don’t get affected by the droughts that are so common to Kalahandi. Yes, rank starvation is not a feature in Niyamgiri. But the tribal groups still operate in what is a subsistence economy, and they don’t have access to basic facilities in education or health. Tribal groups seems more aware of this than those romanticising the Niyamgiri way of life. Which is why local tribals complain about not getting jobs or education for their children. Which is also why Sitaram Raju, an 18-year-old security guard at the under-construction Vedanta co-funded mid-day meal cooking centre in Lanjigarh, has these stories about several inquiries from local tribal people on when the centre will start operating?

Our children will get eggs and good rice, local tribal people said when asked about the mid-day meal centre. There’s desperation for wanting something more than what they have in that wish. Raju, from Sambalpur in Orissa, earns Rs 4,200 a month. That’s a handsome salary in comparison to local average incomes. And Raju got the job because private security agencies have come in numbers since Vedanta started building sites. A local young tribal—he said he’s “eight class pass”—when asked whether he would like a job that pays what Raju gets, looked at his interlocutor as if the latter was an idiot. Of course, he said. But there are no jobs.

The hazards of romanticising tribal ways of life are colourfully exemplified by Kalahandi’s self-proclaimed “most important communist”. …

Sixth twist: Could Niyamgiri have become an ideal laboratory for good mining? Some Niyamgiri stats bear mention. There are around 8,500 tribal people in the 250 sq. km. hill area. That low population density makes industrial activity easier to handle in terms of fallout. The proposed mining area was four square km: a very small part of the hills. There’s seemingly irreconcilable debate about whether the bauxite-rich hilltop is green-friendly or not. The pro-mining view says trees don’t grow on bauxite-rich hilltops because the mineral doesn’t retain water. Post-mining, when the bauxite reserve is exhausted, the hilltop can, this view says, be made green-friendly. The example given is Nalco’s greening of the hilltop in the Koraput mine; Koraput is a neighbouring district. The anti-mining view says bauxite is porous and it therefore allows water to filter down and that keeps the hills lush. Establishing the real position objectively seems a lost cause in Niyamgiri. The talk is only about Vedanta’s violations and keeping mining away forever. Vedanta may well have violated legal norms, as the environment ministry says. And definitely, the Vedanta-OMC arrangement on mining Niyamgiri, as explained earlier, doesn’t pass muster in terms of a conflict of interest test. But sustained talk of huge ecological devastation, as the Saxena report for example talks about, has killed intelligent discussion on whether Niyamgiri could have been intelligently mined, under proper supervision. Also, bauxite mining, because the hilltop deposits are shallow, rarely needs blasting, the most disruptive of mining activities.

There’s something odd about the Central approach to ecological impact of the proposed Niyamgiri mining. Niyamgiri had received environmental clearance in October 2007. This okay comes after impact assessment studies under the Environment Protection Act. The Saxena report, which was submitted with a speed rare in government—formed in late June this year, the report was submitted on August 16—spends pages on ecological impact. But what does this mean? That the Centre was unaware since 2007, when the EPA clearance was given, that Niyamgiri mining would be environmentally harmful, and that the dangers were discovered only after a two-month study by the Saxena committee?

The seventh and the biggest twist: Can bauxite be mined in Kalahandhi, which has a huge reserve of the mineral? The Central environment ministry says the denial of mining rights is based on rules violation, in particular violation of forest rights under Forest Rights Act. This seems to imply that had Vedanta played by the book as per the ministry’s assessment, clearance would have come. But the Saxena report also puts emphasis on tribal groups’ livelihood traditions and on potential ecological damages. On the ground in Kalahandhi, it’s these two that are being highlighted. Local Congress leaders and activists talk of attempts at stealing away tribal land. If the Centre reckons that subsequent applications for mining hilltop bauxite can be measured only against legal benchmarks, it is probably making a mistake.

Kalahandi is a scheduled area, with heavy tribal presence. Tribal habitations are typically in the area’s hills. The hilltops have bauxite. The ‘victory’ in Niyamgiri has fired up activists and the Congress. Not all tribes who live in other bauxite-rich hills have the heavily protected legal status enjoyed by the Kondhs of Niyamgiri. But, as Nayak said, every mining application will now be met with movements about tribal rights. He reckons Niyamgiri has created a precedent that’s too strong to be ignored. This is good from the activists’ point of view, or for Orissa Congress’s political calculations, but it’s hardly good news for Kalahandi and Orissa.

This is the real big potential fallout of Niyamgiri: it can create more Niyamgiris. 

Following are some of my comments: 

•  Earlier, we also made the point regarding how sacred the hill-top was. In India, both tribals as well as Hindus have many things that they pray. Often many people make temples to usurp government land.  So the lack of consensus regarding the hilltop being sacred and even people who are unimpressed with Vedanta suggesting that the "hilltop being sacred" is a recent change points finger at the activists being behind hyping up the sacred aspect of the hill top.
• On Vedanta not having developed infrastructure: The various reports say that with importing bauxite from outside the company was not making profit, so based on short-term economics it did not spend enough in developing infrastructure. But that was short-sighted action from the company.
• The author makes a nice point that the local and tribals do want jobs, schools etc.  and  were not opposed to development per se.
• Vedanta’s trucks are directly responsible for the deterioration of those roads. They should have spent money on those roads and made them better.
• BJD has a unique opportunity now to counter congress and shore up its base. It should immediately announce and start a state university in Kalahandi; it should take over the half-constructed medical college and make it a government medical college; and it should augment the agricultural college. Being in power in the state, it can do that. It can then go to the people and say: "See Congress is against development. But we are not going to let their anti-development stance hurt the people of Kalahandi. We will do our best to bring development to Kalhandi." (Hopefully Congress will then counter this with some kind of a central institution there.)

My final thought is why did not Saubhik Chakrabarti write such an article before. In the past the only views on Lanjigarh mining that would come out is that of the activists and the press releases by Vedanta. Both were one-sided. So the Indian media is partly responsible for the negative effects of Ramesh’s activism. If only they had given nuanced views like the above before Ramesh made the decision then Ramesh may have made a more nuanced decision.

1. MP of Kalahandi, Bhakta Das, who in recent years has been vociferous against mining by Vedanta once was desperate to have an alumina plant in Lanjigarh. Following is from a report in Hindu.

Today, he is known as a champion of tribal rights and a leader in the fight against Vedanta’s proposal to mine bauxite in Niyamgiri. But 14 years ago, Bhakta Charan Das, Congress MP from Kalahandi sang a different tune. “The Government of India and the Orissa government should take keen interest to set up at least a large alumina plant because we have got a heavy deposit of bauxite in Niyamgiri and Sijimalli of the Kalahandi district,” he had said during a November 1996 debate in the Lok Sabha on the drought situation in Orissa. “If there is an alumina plant, then a minimum of 40,000 people can sustain out of the different kinds of earnings from that.”

When asked about his statements on Thursday, Mr. Das initially insisted that he had only recommended mining in Sijimalli and not Niyamgiri. When faced with the Lok Sabha record, the MP, also the founder of the Green Kalahandi movement, admitted that he had learnt a lot since that day one-and-a-half decades ago.

“I had not visited Niyamgiri then. I did not know of the Dongria Kondh links to that place then. At that point, I did not know it was a densely forested area,” he said, speaking to The-Hindu over telephone immediately after the mass rally was held by Congress leader Rahul Gandhi in the Niyamgiri area.

“Of course, the Kalahandi district needs more industries, but it should not be development at the cost of the people, at the cost of the forests,” Mr. Das said, adding that the Vedanta project had failed to generate sufficient local jobs, or provide health and education facilities. “I will still be happy to support an industry that takes into account the views of the local people, that will ensure the future of all stakeholders, that follows all the laws…There can be other mines, but why don’t they go and find an abandoned mountain, instead of Niyamgiri?”

Note that the government of Odisha (a Congress government led by Janaki Patnaik) signed the first MOU with Vedanta for mining in Lanjigarh in 1997, exactly 13 years ago, a year after the above statement by Bhakta Das.

2. Bhakta Das as well as the Youth Congress Chief of Odisha, Pradeep Majhi (MP Nabarangpur) are not against mining for bauxite. They just don’t want it now in Lanjigarh. Following is from a report in Orissadiary.

Orissa Pradesh Youth Congress chief, Nabrangpur MP Pradeep Majhi on Thursday said Vedanta can look for alternative sites except Niyamgiri from where it can mine bauxite to feed its one- million- tonne alumina refinery at Lanjigarh in Kalahandi district.

He suggests alternative sites—Kuturmali, Bijimali and Sabarmali hills which are in the periphery of Niyamgiri and there are no habitation of tribals in this region. He said The Congress party is not against industrialization. There are many other hills where there are no tribals and that can be used by Vedanta which are only 8 kms from Niyamgiri. But it is clear that no mining would be allowed at Niyamgiri.

3. Not wanting in Lanjigarh and some other place is fine depending on how sacred that mountain is to the local adivasis. But did the activists hyped up the sacredness to stop the project? I have no idea. But the following excerpt from a report in Telegraph seems to suggest that way.

Regarding industrialisation and its effects on Niyamgiri, Jakesia said: “I realised that for bauxite excavation, only the surface level of the rock is used.

This is unlike iron ore and coal mining, where one has to go below the surface. Thus, the process is fairly smooth. You will be surprised to know that puja offered to Niyam Raja was never performed there. Now, after the spread of awareness, the puja is performed on top of the hill.”

4. In http://www.orissalinks.com/orissagrowth/archives/3944 we mentioned several disturbing questions raised by Nilmadhab Mohanty (a senior Fellow, Institute for Studies in Industrial Development, New Delhi) on how the government went about this. The following excerpt from an article in Economic Times raises additional disturbing questions.

On August 24, the Central government said that Vedanta Aluminium had not sought prior approval for expanding the refinery capacity to 6 million tonnes from 1 million tonnes. Another government decision that day, announced by the minister of state for environment and forests Jairam Ramesh, stopping plans to mine bauxite at Nyamgiri near Lanjigarh, attracted much more attention but the brake on the refinery expansion could have a longer term impact on the fortunes of Vedanta. The bauxite was to be supplied to the refinery.

The chief operating officer of the Anil Agarwal-controlled company, Mukesh Kumar, expressed his doubts on Thursday over the “intention” behind these announcements in view of an earlier notification.

The ministry of environment and forests had said on August 19 that for all projects which were increasing capacity and where terms of references—the guidelines and scope for any expansion—have been mentioned and where construction activities have been started, the terms of references may be suspended or withdrawn.

"Instances have come to the notice of this ministry where project proponents have undertaken construction activities without obtaining requisite environmental clearance…No activity relating to any project covered under this notification, including civil construction, can be undertaken at site without obtaining prior environmental clearance," the notification added.

The notification relates to environment impact assessment (EIA)— a crucial part of the project approval process under the Environment Protection Act. The EPA is the umbrella legislation that regulates the impact of all industrial and commercial activities on environment.

The Vedanta official said that no prior approval for expansion was needed according to the rules in place—the Environment Impact Assessment notification of 2006—before the changes announced on August 19.

"There is no threshold limit given in the EIA notification for such a project," Mr Kumar told ET. "Hence prior environment clearance, as per the notification for our proposed expansion, is not mandatory before undertaking any construction activities."

Mr Kumar also referred to a section in the 2006 notification which stipulates that approval to the terms of reference for any project has to be announced within 60 days from the date of submission. "If the decision is not conveyed within 60 days, then the terms of references suggested by the applicant, "shall be deemed as final terms for the EIA study."

Vedanta had submitted its proposal for expanding the capacity to the ministry of environment and forests for approval on October 3, 2007. The company didn’t get approval within 60 days, which is the mandatory period as per the notification.

Mr Ramesh did not respond to calls and text messages sent to his mobile.

We will add more things as they come out. 

Regardless of all of the above, my current view is that stopping Vedanta mining in Lanjigarh, although done in a very partisan and high handed way, was a high profile example to make the point that environment and forest rights need to be taken seriously, to send a message to the maoists that the UPA-2 government (mainly Congress) will protect tribals, and to send a message to the tribals that they can rely on the government.

While a government should treat everyone equally and follow the law and not make one-time examples, the motivation here makes some sense on the ground of greater good of the country that currently faces the maoist menace who reportedly use mining and miners in their recruiting plays.

As I finish writing this, I read an article in Indian Express, that points out many additional interesting issues.

Although there are tons of newsreports on the Saxena Committee report on Vedanta which quote extensively from the allegations of the committee there is very little (and mostly soundbites) from the perspective of the Odisha government and Vedanta.

The following by Nilmadhab Mohanty (a senior Fellow, Institute for Studies in Industrial Development, New Delhi) is from http://business.rediff.com/slide-show/2010/aug/25/slide-show-1-a-few-disturbing-questions-in-the-vedanta-issue.htm. I am not sure I agree with all the points mentioned below. But it is one of the few articles that is from the other side and hence worth pondering.

The decision of Union Minister for Environment and Forests Jairam Ramesh not to grant Stage II forest clearance to the proposal of the Orissa Mining Corporation (OMC) for bauxite mining in Niyamgiri in Orissa has been welcomed in many circles, in particular by the environmental activists, for the protection it will provide to an ecologically sensitive area of the country and to the Kondh tribes (and Dalits) living in the area.

There are, however a few disturbing questions that need to be answered by the ministry in order to buttress the minister’s claim that the decision was an objective one with no prejudice or politics influencing it.

First, the manner and time-line followed in the decision-making. The Orissa state government seems to have applied for final clearance in August 2009.

The Forest Advisory Committee (FAC) has been deliberating the proposal at least since November 2009. In addition to the information submitted by the State and the central government’s own agencies, it had the benefit of the recommendations made by a three-member expert group which submitted its report in February 2010.

FAC then asks for yet another committee under the Ministry of Tribal Affairs, which is the nodal agency in the central government for tribal rights. The environment minister, however, appoints his own committee (the Saxena Committee) in the last week of June 2010.

Then the pace quickens: The environment minister writes to the law ministry on July 19 to obtain the Attorney General’s opinion if the ministry of environment and forests (MoEF) apply its mind and decide in the light of the Supreme Court’s earlier decision giving forest clearance.

The AG replies promptly on the following day; Saxena submits report on August 16, FAC deliberates without much loss of time and submits recommendations on August 23, and the minister announces his decision with a 20-page reasoned order on August 24, 2010!

The must be a record in governmental working! The affected party, namely the Orissa government, is hardly given any chance to given an explanation to the MoEF.

In fact, the hapless Orissa officials seem to have met the minister on August 24 when he was in a tearing hurry to announce his decision!

Second, OMC’s proposal for forest clearance for the Niyamgiri bauxite mines is separate and distinct from Vedanta Aluminium Ltd’s (VAL) aluminum refinery project, although bauxite is meant for the refinery. Why have these two cases been mixed up in the minister’s order?

Forest clearance is a statutory requirement under the Forest Conservation Act 1980 and the FAC was deliberating on the subject on the request made by OMC/Orissa government and the minister is within his rights to act on their recommendation.

If VAL violated the conditions of its approval or even the Environment Protection Act, it could have been proceeded against separately.

After all, the MoEF’s eastern regional office had sent its communication reporting violations in May 2010. By combining the two issues the ministry gave the unfortunate impression that it was targetting Vedanta rather than dealing with forest clearance for Niyamgiri mines.

One of the major issues raised by the Saxena Committee and endorsed by the minister is the potential ecological and human costs of the mining project.

In fact, this is an issue which is relevant not so much during forest clearance procedure but more appropriately during the impact assessment study under the Environment Protection Act.

For Niyamgiri both ‘in principle’ forest clearance and environmental clearance had been given. Besides, the ‘in principle’ approval was given in October 2007, a month before the Supreme Court’s order on the subject.

Did the MoEF discover the ecological and human costs only after receiving the Saxena Committee report?

The main thrust of the Saxena Committee report and about the only valid reason for denying final forest clearance for the Niyamgiri mines appears to be the alleged non-recognition of the forest rights of the tribals and absence of consent from the concerned communities for diversion of forest land.

There seem to be a few complications on this issue. For one the Saxena Committee has given very liberal and wide-ranging definitions of ‘forest’ and ‘forest rights’ as per its interpretation of the Forest Rights Act. It is another matter that the interpretation of statutes is a responsibility of the courts, not of a committee appointed by a minister!

The Saxena Committee, for example, defines ‘forest’ to include ‘forest dwellers’ as well as ‘trees and wildlife’, literally overturning the Apex Court’s definition of ‘forest’ in the famous Godavarman case.

It also interprets communal and habitat rights of the primitive tribal groups to extend beyond their areas of residence to cover the entire eco-system.

Since the Forest Rights Act is a new piece of legislation these issues will need to be settled by the courts in due course of time, keeping in view the practicability of implementation.

In any case, the Orissa officials seem to have argued that they had complied with the legal requirements of the legislation (which, by the way, came long after the mining proposal was mooted) to the best of their ability.

Surely, Saxena and the MoEF cannot both be the prosecutor and the judge on this matter!

Also, what about development — both of minerals, which are the nation’s dormant resources, and the tribal groups, who inhabit the area?

 

From the Saxena Committee report (which is silent on this subject), it would appear that Mr Saxena would like them to continue as ‘forest dwellers’ in perpetuity so that they continue to enjoy their ‘forest rights’, living on roots and herbs and we continue showcasing their primitive tribal identity and abject poverty nationally and internationally!

Finally, what happens to the considerable investment that has gone into the industry?

Environmental and forest clearance procedures are about balancing the needs of development with those of conservation. To the extent possible the project proponents, including the state government, should be given an opportunity to correct the deficiencies. (After all it is the state government, not OMC/Sterlite-Vedanta, that has to settle the forest rights).

It is true that in extreme cases permission will have to be denied but that should have been before the start of the refinery when the required clearances were given.

To do so now will be unfair and damaging to the government’s reputation for objectivity.

Following is from Sreelatha Menon’s article in Business Standard regarding what violations the environment ministry claimed that occurred. 

The Saxena Committee has drawn up a litany of infractions at Niyamgiri by both Vedanta and the Orissa government.

The road leading up to the Centre’s denial of permission to Vedanta Alumina Ltd to mine for bauxite in the Niyamagiri hills of Lanjigarh has been lined with gross violations and misrepresentation by both the company and the state government of Orissa.

The NC Saxena Committee, set up by the Ministry of Environment and Forests, details the manner in which laws have been flagrantly flouted to facilitate a project that has been aggressively opposed by tribal groups in the area.

The panel’s findings show that the Forest Rights Act, Forest Conservation Act, Environment Protection Act as well as Panchayats (Extension to Scheduled Areas) Act, which applies to scheduled tribes covered under Schedule V of the Constitution, have been the main casualties as far as the Vedanta project is concerned.

The alleged breach of laws by the company in collusion with the state government and made possible by the Centre’s neglect resulted in the company obtaining illegal possession of 26 hectares of village forest land without ever obtaining appropriate clearances. It was on the verge of launching mining operations the moment it received forest clearance, jeopardising not only the life and culture of the indigenous tribal groups, which are protected under Schedule V, but also in contempt of a statute expressly designed to empower tribal communities: the Forest Rights Act.

Felling the Forest Rights Act: The most blatant violation, the Saxena panel states, has been that of legislation drawn up specifically to give forest dwellers a voice. It also gives them the authority to agree or not to a project that affects the forests they lived in. In the case of the Vedanta project, the law just did not seem to exist. The state government chose not to consult gram sabhas of the villages or to issue any statement on their response to the Centre.

And in spite of this, 26 hectares of forest land has been in the possession of the company’s refinery and forest clearance for more forest land was pending for the mining project.

How PESA was ignored : According to the Saxena Committee, PESA , there was scant regard for the Panchayats (Extension to Scheduled Areas ) when it came to pushing the proposed mining lease for Vedanta. Indeed, the state government blatantly violated it.

This Act requires the authorities to consult elected village bodies such as a panchayat or Gram Sabha before the acquisition of land for any development projects located in tribal territories listed under Schedule V. Authorities also have to consult the Gram Sabha or Panchayat before resettling and rehabilitating those affected by such projects. None of this was done.

Stolen forests: The Saxena report lists several alleged irregularities by Vedanta in Niyamagiri. Occupation of village forest land for the construction of its refinery tops the list. On August 16, 2004, Vedanta Alumina submitted a proposal for the appropriation of 58.943 ha of forest land — 26.123 ha to set up a refinery at Lanjigarh and the remaining for a conveyor belt and a road to the mining site. The forest lands required for the refinery, in a number of small patches, traditionally belonged to the tribal and other communities in neighbouring villages.

However, while filing for environmental clearance on March 19, 2003, the company claimed that no forest land was needed and that there were no reserve forests within 10 km of the proposed refinery. The Saxena Committee says this claim was patently false, since the reserve forests are less than 2 km from the refinery site. Even the factory is located on forest land belonging to the villagers.

The Environment Ministry accorded environmental clearance to the refinery on September 22, 2004, on the basis that the project did not involve appropriation of forest lands. Since this clearance was acquired by submitting false information, it is invalid and should be revoked, the committee headed by Saxena had recommended.

EPA violations: The report also finds the company guilty of violating mandates of the Environment Protection Act (EPA). Environmental impact assessments required under the EPA are inadequate and do not examine the full implications of the refinery and mining project on the environment, particularly those related to hydrology. The report says no effort was made in the Vedanta mining project (and aluminium refinery) to solicit the informed consent of affected villages.

It says “the required number of public hearings’’ were not held and the” Environmental impact assessments, which contain data essential for informed decision-making and consent, were not made available. Even critical information, such as the fact that the project would occupy their village forest lands, was not disclosed.’’

In a 2003 public hearing, no member of the affected Dongaria Kondh tribe was recorded as being present—a basic violation of their right to consultation and informed consent. Besides suffering from the same shortcomings as the 2003 public hearings, a public hearing in 2009 for refinery expansion distorted and reinterpreted the proceedings: the official minutes of the meeting record that the project met with widespread community support, even though only one person out of 27 spoke in favour of the project.

Violator and polluter, too: When the environment ministry granted environmental clearance to the aluminium refinery, it was subject to strict compliance and identified a list of other key conditions for management of waste from the refinery. It also required that the company strictly adhere to the stipulations made by the Orissa State Pollution Control Board (OSPCB).

But in the course of the refinery’s operations between 2006 and 2009, Vedanta Alumina repeatedly failed to adhere to these requirements. Between 2006 and 2009, the OSPCB documented numerous instances whereby the company had failed to put in place adequate pollution control measures to meet not only its own conditions, but also those of the Environment Ministry. OSPCB findings indicate that the company commenced operations without the necessary systems to adequately manage waste and pollution. Some processing and waste management systems were not built or operated in conformity with applicable regulatory requirements.

Expansion without clearance: The most shocking violation on the part of the company has been its six-fold expansion of the refinery without even obtaining clearance from the ministry. It had received sanction to set up a capacity of 1 million tonnes, but it has gone on to expand to 6 million tonnes without any approvals. This was in spite OSPCB strictures to its January 12, 2009 memo, asking the company to immediately cease construction related to expansion of the refinery as it had not obtain the required permissions, including the environmental clearance.

Tribal groups, which have been fighting on behalf of the Dongaria Kondhs, are now finding these violations, especially Vedanta’s illegal possession of 26 hectares of forest land, as the starting point for the second part of their struggle. Says Prafulla Samantara, who petitioned the Supreme Court on behalf of the tribals: “The report calls the refinery illegal and it has to go. Our fight will continue until it is shut down.” But Saxena feels that the refinery may continue and get raw material from other mines.

The violations in the case of Vedanta have been documented and accepted by the Centre, with the ministry refusing permission for mining operations in Niyamagiri. Tribal groups ask if this report and the consequences would have any implications on several other projects where similar violations have been raised to deaf ears. Forest Rights Act violations have been alleged against Posco, as well as several other mining projects, but the state and Central governments have so far shown no indication of reviewing them, says Campaign for Survival and Dignity, an umbrella group of tribal rights organisations.

•  The Saxena Committee report (pdf) is here.

   

I don’t fully understand how this works, but following excerpt from a report in inbnlive.com may shed light to some.

The proposed takeover of Cairn Energy’s India business could see NRI billionaire Anil Agarwal emerging as the richest promoter of a corporate house ahead of Mukesh Ambani, who has ruled the list for long.

After the acquisition of Cairn India and a proposed IPO of group firm Sterlite Energy, Anil Agarwal, as head of the promoter family, would command an estimated networth of close to Rs 1,67,000 crore, ahead of Mukesh Ambani at Rs 1,45,275 crore, a comparison of promoter family holding valuations for leading groups reveals.

… At the same time, the acquisition would give the Agarwal family double the size of Anil Ambani group (whose promoter wealth currently stands at less than Rs 80,000 crore). The $ 9.6 billion takeover of Cairn India has already pushed Vedanta group head Anil Agarwal to the second position after Mukesh Ambani in terms of family net worth, measured in terms of value of shares held as promoters in five listed group companies.

Add to this, the value of shares he holds in aluminium major Balco and IPO-bound group firm Sterlite Energy, the promoter family wealth of Anil Agarwal group could rise to nearly Rs 1,66,938 crore.

In comparison, the promoter family wealth of Mukesh Ambani group currently stands at Rs 1,45,276 crore, based on the value of promoter holdings in two listed group firms Reliance Industries and Reliance Industrial Infrastructure. Without Sterlite Energy, which has proposed an initial public offer of Rs 5,100 crore, and Balco, where Vedanta group has 51 per cent stake, the total promoter family networth of the Vedanta group currently stands at Rs 1,38,465 crore. This includes the value of promoter shares in Sterlite, Hindustan Zinc, Sesa Goa (all listed in India) and that in UK-listed Vedanta Resources, as also the worth of proposed 60 per cent stake in Cairn India proposed to be purchased from Scotland-based Cairn Energy.

The total networth would rise by over Rs 28,000 crore if Balco is taken at par with its peer group company Nalco, which has a market cap of Rs 25,830 crore, and the group offloads 25 per cent stake in Sterlite Energy to raise Rs 5,100 crore.

Note that Rs 1,66,938 crore at today’s exchange rate of 1 USD = Rs 46.6525 comes to $35.78 Billion. That would put him at number 4 in the world. If a person of such net worth wants to establish a $3 billion university in Odisha and we turn him away that will the height of stupidity in our part. 

The power plant is of 2400 MW capacity out of which 600 MW will be provided to Odisha at a low cost. Vedanta is building a 100 bd hospital in that area as a CSR measure.

I don’t have the letter that the Odisha government wrote. But the following excerpts from a report in tathya.in gives some idea.

… However responding to the report, in a letter to the Ministry of Environment & Forest (MOEF), the State Government has said that “it is shocking to note that the Saxena Committee has preferred to discuss in a derogatory manner the issues, which have been considered and adjudicated by the Supreme Court of India.” 

Upendra Nath Behera, Principal Secretary of the Department of Forest & Environment (DOEF) in his letter to the Secretary, MOEF has said that a preliminary study of the report shows that it has raised serious allegations against the State Government. 

It has cast aspersions on the intention of the State Government about implementing the Forest Rights Act (FRA), when the Government of Odisha is credited to be the second best performing state in the country in implementation of FRA. 

The report has asked the MOEF to reject the application of the State Government for diversion of forest land for the above purpose as mining in Niyamgiri will destroy wildlife habitat and it will cause hydrological disaster. 

It has also said that mining will destroy the cultural, religious and economic habitat of the Dongaria Kondhs, who reside in the forest area proposed for diversion. 

The State Government has pointed out that the issues raised by the Saxena Committee were the subject matter of different PILs filed by various activists before the Central Empowered Committee (CEC), which ultimately came up before the Supreme Court. 

In view of the technical issues raised in the applications, the Apex Court had directed MOEF to appoint expert bodies for examining various issues. 

The Wildlife Institute of India, Dehradun had conducted studies on the impact of the mining project on biodiversity and wildlife including its habitat. 

The Central Mine Planning & Design Institute (CMPDI), Ranchi conducted studies on the impact of the mining project on soil erosion, impact of ground vibration on hydrological regime including ground porosity and permeability. 

All these issues were discussed in the Forest Advisory Committee (FAC) on 30 August, 2006, when the project was placed before the Committee for scrutiny. 

Similarly the project was challenged in the Supreme Court on the grounds of violation of FRA. 

After elaborate discussion of the reports of the expert bodies, views of the State Government and MOEF covering all issues relating to ecology, wildlife, hydrology, soil erosion, tribal life and implementation of different environmental laws, the Supreme Court on 23 November, 2007 cleared the project with certain directions. 

On compliance of all the directions of the Apex court, the project was cleared by the Supreme Court on 8 August, 2008. 

The State Government has said that “it is of course, understood that the MOEF has not taken a view on the recommendation of the Committee."

The Government of Odisha in its’ letter has said that “it believe that if a judicious view is taken by the MOEF, most of the findings of the Saxena Committee will not hold water." 

Under this backdrop, the State Government has urged the MOEF to provide an opportunity to present its’ views before taking a final decision in this matter.

People reading this blog must must have seen the news about the Saxena committee (which was empowered by Jairam Ramesh and the environment ministry) report on Vedanta’s operations in Lanjigarh, Odisha.

Although the report reads like an activist team’s report, the fact remains that the laws of the country are sacred and needs to be followed.

It is a different matter that laws are broken with impunity at all levels ranging from the laws reported to be broken by Vedanta to normal people extending their houses and gardens into government land, groups building temples as a ruse to capture government land where ever they feel like, people blocking roads, trains, doing bandhs whenever they feel like, etc. etc. In India laws are broken with impunity and are broken more often than they are adhered to. But this does not excuse what Vedanta is reported to have done. The committee report also rebukes the Odisha government for its hand in the whole affair.

However, one needs to put this report in perspective with what the environment ministry and Jairam Ramesh have found in rest of India. Following are excerpts from a report in rediff.in that gives us some added perspective.

… several industrialists are also upset about what they call Environment Minister Jairam Ramesh’s activist-like positions. "He is taking positions, which are normally associated with unreasonable activists and their organisations," says one leading industrialist whose project is stuck. …

… Data from the ministry’s website show that of the 58 projects that have come up for Coastal Regulation Zone clearance since April 2009, it gave only half a dozen of them the green signal.

Over 1,800 projects are awaiting clearances as of the first week of this month.

…"There are people who consciously instigate and organise people in coastal Andhra against projects coming up in the region," says a spokesperson of a power company,  which is promoting a project in coastal Andhra Pradesh.

"Land availability is a big issue in India. Developers can approach the ministry only after either acquiring the land or have assurances to get the land, to request for the terms of reference to carry out an Environmental Impact Assessment study. By that stage, a lot of investment and time may have gone into execution of the projects, and still you are not sure of getting the clearance," says Sanjay Sethi, executive director (infrastructure) at Kotak Investment Banking.

"It is necessary to have more transparent and clear guidelines and checklists for land available for various commercial and industrial uses, with clear maps of sensitive zones, which should be easily available to project developers," he adds.

… To be fair to the environment ministry, there are issues like misrepresentation of facts by project developers and the state, or conflicting reports on issues by expert panels.

In a recent development, the environmental clearances for at least four projects in an around Srikakulam in Andhra Pradesh were suspended by the ministry.

On July 15, the ministry cancelled the clearance given to Nagarjuna Construction Company’s 2,640 megawatt (Mw) coal-based super critical thermal power plant at Gollagandi and Baruva villages in Srikakulam.

An expert panel said most of the project land allocated by the state government might be regarded as wetland, contrary to an earlier panel report that the 750 acres of grasslands were barren and not fit for agriculture.

The same expert panel, which visited East Coast Energy’s 2,640 Mw thermal project near Kakarapalli village in Srikakulam during the same time, found the state government had ignored reports on the ecological value of low lying areas of the well recognised Naupada swamps wetland and migratory bird breeding in nearby Telineelapuram of Srikakulam.

"This amounts to suppression/distortion of facts," the panel said.

A nearby project – that of JSW’s 1.4 million tonnes per annum (MTPA) alumina refinery and a co-generation plant – is also being reviewed by the ministry.

… On June 28, the ministry directed the formation of a supervisory committee to monitor the influence of toxic effluents from JSW Energy’s 1,200 Mw thermal power plant at Jaigad in Maharashtra, following apprehensions that effluents could affect the quality of Alphonso mangoes and cashew orchards in the region.

… Ten days before that, Jindal Power Limited drew the wrath of the ministry for commencing construction of a 2,400 Mw power project at Tamnar in Chhattisgarh,  without obtaining prior environment clearance.

The ministry has directed the state government to stop work and initiate action against the Naveen Jindal-promoted company.

Some of the other high-profile projects that have been halted include the Maheshwar Hydroelectric project on the Narmada river in Madhya Pradesh on grounds that the conditions of the statutory environmental clearance were not complied with and the resettlement and rehabilitation of the project-affected families was less than satisfactory – charges denied by the state chief minister and the company.

… Also, many say the minister has involved himself in much-publicised wars of words with Civil Aviation Minister Praful Patel over the environment ministry’s reluctance to clear the Navi Mumbai international airport, citing destruction of mangroves, razing of a hill and diversion of two rivers; with Road Transport Minister Kamal Nath, who openly accused him of blocking projects;

… But, even his sharpest critics agree on one thing: Ramesh has made sure that no one can treat the environment ministry lightly any longer.

… "This is probably the first time that an environmentalist has become a minister. He is almost single-handedly bringing about a paradigm shift within the government about how to view progress and development," says Pandey.

I agree with the sentence in the red. Earlier companies and state governments were not taking the environment ministry that seriously. Ramesh’s actions will make sure that everyone take the environment ministry seriously. That is a good thing and kudos to Mr. Ramesh for that.

However, as far as Odisha is concerned Jairam Ramesh seems to have something against it. We say that for the following reasons.

• When Odisha was trying for an IIT Jairam Ramesh insulted Odisha with his comments. See http://www.orissalinks.com/archives/286.
• Recently, Hindustan Times (see http://www.hindustantimes.com/Environment-Ministry-puts-on-hold-Vedanta-University-in-Orissa/Article1-542363.aspx) reported the following: "The Union Environment Ministry on Tuesday put on hold the controversial Rs.150 billion Vedanta University project in Orissa following complaints of alleged irregularities by its promoter Anil Agarwal Foundation. The direction to keep the project in abeyance has come within a month of the Ministry granting conditional environmental clearance to the Foundation which is building the university." Now stopping a mine or a factory or an airport for environmental reasons may make sense, but a university?? That too, just because some one complained. No investigation! Just people complained and he stopped the project, when the project was about to construct a medical college!!
• Jairam Ramesh and his ministry recently granted environmental permission to construct the Polavurum dam in Andhra Pradesh against the objections of the Orissa and Chhatisgrah government. See http://timesofindia.indiatimes.com/india/Environment-ministry-clears-Andhra-project/articleshow/6233874.cms . Times of India was surprised with this. It wrote: "Oddly, while the ministry had set up separate committees to investigate the settlement of rights under the Forest Rights Act in other high profile cases such as Vedanta and Posco which propose to displace far lesser people, in the Polavaram case the ministry has decided to accept the state government’s compliance report on face value.  The mega-project is expected to submerge 276 villages displacing upwards of two lakh people by some estimates. "   

In summary, while Jairam Ramesh deserves kudos for putting his foot down on environment laws and making sure everyone takes them seriously, people of Odisha need to be very careful of him as he seems to be against Odisha; he has stopped projects clearly beneficial to Odisha (namely, Vedanta University) by using his environment stick, and at the same time has allowed projects clearly harmful to Odisha  (namely, the polavurum dam) even after the Odisha government and Odisha chief minister have vehemently objected to it. This does not at all gel with the actions they took against Vedanta University. There the project was ordered to stop because some people complained. Here the project was given green signal despite the state of Odisha and its chief minister complaining and that too reportedly without any enquiry. 

Following are excerpted from Pioneer reports at here and here.

• Vedanta Aluminum would enhance its refinery, smelter and power plant capacity with a total investment of `37,440 crore. Vedanta Aluminium company would enhance its production capacity Langigarh unit to six million tonne from existing one million tonne. The company would also enhance its production capacity of Jharsuguda aluminium unit to 1.6 million tonne from existing 0.25 million tonne per annum. Similarly, the company would also increase power generation capacity of its CPP (captive power project) to 1,350 mega watt from existing 675 MW at Jharsuguda.
  
• NSL Nagapatnam’s `8,900 crore investment plans in the State. The company would set up a 1320 MW power plant in Angul district at a cost of `6,600 crore, a 5,000-tonne sugar refinery at Paradip with an investment of `800 crore and a textile and spindle mill with 3 lakh spindles at a cost of `1,500 crore at Rayagada.
• ACC Cement’s `1,850 crore three MTPA cement project along with a 50 MW CPP in Malkangiri district 
• Bhusan Steel’s `3,000-crore steel park at Meramundali.
• SPI Ports to set up a 1,320 MW (2 x 660 MW) power plant at Mahakalpada in Kendrapara district at an investment of Rs 6,600 crore.
• KU Pvt Ltd would invest Rs 7,260 crore to set up a power project with 1320 MW power generating capacity at Thakurpur in Sonepur district.
• Rohit Ferro Alloys would spend Rs 2500 crore for setting up a 67.5 MW captive power plant at its 0.6 MTPA stainless steel project at Kalinganagar in Jajpur district.
• Aditya Aluminum to enhance the capacity of its Rayagada alumina refinery to 1.5 MTPA from the present 1 MTPA, and Jharsuguda smelter from 0.26 MTPA to 0.36 MTPA with an total investment of Rs 11,000 crore,
• Jindal India is proposing to enhance the capacity of its power plant from 1,200 MW to 1,800 MW with a total investment of Rs8, 000 crore.
• Ind-Bharat is proposing to expand its power project capacity from 700 MW to 1320 MW by adding a 660 MW unit with a total cost of Rs 3300 crore.
• Kalinga Energy, which is now shifting its site from Babuchaki in Sambalpur to Sodamal in Jharsuguda district has also got green signal to enhance the capacity of its power project from 1000 MW to 1320 MW with a total cost of Rs 6500 crore.

There are tons of news items alleging how mining in the Niyamgiri hills will destroy the way of living of the Dongria Kondh people. Reputed organizations such as Action Aid and Survival International have strongly campaigned against the mining there and have castigated the state government of Odisha and Vedanta Resources for intending to mine Bauxite in the Niyamgiri hills. The following report from Telegraph gives a different viewpoint that one also needs to read and think about.

From the remote Dongria Kondh village in Sakata to the capital’s Aryan School of Management Information and Technology, Jitu Jakesia has come a long way.

The first from the Dongria Kondh tribe to clear the Class X board examination, the firebrand tribal leader from Muniguda block in Jakesia, is now concentrating on his studies.

He believes that without education, the Primitive Tribal Groups (PTGs) cannot succeed in its mission.

Representing his community before the joint committee of the ministry of environment and forests and ministry of tribal affairs, Jakesia put forward the problems faced by the Dongria community and what should be done to remedy them as per the provisions of the Forest Rights Act.

…“After passing the matriculation examination, I started began attending high school in Muniguda College. I pursued studies in the Arts stream. I completed my graduation from the same college. During my three years in college, I worked as an activist, fighting against industrialisation. I thought that this would make a difference, as I was inspired by NGOs and political parties,” he said.

Jakesia was, however, disillusioned by political parties and voluntary organisations.

“At the end of the day, resources really matter. During my student days, I received no help from voluntary organisation or political party. The members of my family were alcoholics. All these problems forced me to focus on my career as a student and not an activist. I ended up continuing my studies,” he said.

…Regarding industrialisation and its effects on Niyamgiri, Jakesia said: “I realised that for bauxite excavation, only the surface level of the rock is used.

This is unlike iron ore and coal mining, where one has to go below the surface. Thus, the process is fairly smooth. You will be surprised to know that puja offered to Niyam Raja was never performed there. Now, after the spread of awareness, the puja is performed on top of the hill.”

He said that there was a time when no one was aware of Niyamgiri.

“If you search on the internet now, you will find thousands of results. The industrial development has given Kalahandi many things. It’s quite visible in the economy and development. So, I do not think development is unnecessary’’ he told The Telegraph.

During submission of his grievances regarding the Forest Rights Act, Jakesia had said: “The revenue officials have made many blunders by marketing forest land as hill land.”

There are many instances where there is no scope for individuals or communities to derive benefits from the Act, as the officials don’t understand the problem.

With so many loopholes, requisite amendments should be made, Jakesia had told the joint committee.

See also the article at http://kalahandia.blogspot.com/2010/07/mining-project-will-bring-development.html and the following youtube video for more on this young man’s views.

The Telegraph article spells the name of the young man incorrectly. His correct name is Jitu Jakasika. If one googles his name one will read many old article where Jitu is fighting against mining. See for example this article at http://www.survivalinternational.org/news/3294 in the pages of Survival International.

Following is an excerpt from a report in Business Standard.

After the successful operationalization of its smelter plant at Jharsuguda, Vedanta Aluminium Limited (VAL) has now decided to set up a state-of-the-art, multi-speciality hospital at the same location at an investment of Rs 50 crore.

… The hospital will be spread over nine thousand sq metres.

Construction work on the hospital has kicked off in June 2010 and it is scheduled to be fully operational by January 2011. Mumbai-based Hosmac India Limited, a noted company in the field of hospital planning and management consultancy, has been roped in for the design and lay-out of VAL’s hospital.

The overall layout of the hospital is designed keeping in view the comfort and convenience of the patients and their attendants. Despite being a high-class hospital in terms of its structure and services, it will serve the people belonging to different socio-economic groups and especially and will be dedicated to timely and affordable medical assistance to the poor.

To ensure a highly professional approach in the running of the hospital, VAL is negotiating with healthcare majors like Apollo Group of Hospitals and Fortis. Both these hospitals are expected to operate the hospital jointly. …

Following is an excerpt from a report in tathya.in.

The State Level Single Window Authority (SLSWA) chaired by the Chief Secretary green signalled projects worth of Rs.37,440 crore.

Expansion of Alumina Refinery at Lanjigarh in Kalahandi from the existing 1 Million Ton Per Annum (MTPA) to 6 MTPA has been allowed.

This project is facing opposition from local people and Union Minister for Forest & Environment, said sources.

Aluminium Smelter at Jharsuguda from the existing 0.25 MTPA to 1.60 MTPA expansion allowed by the Authority, said an official.

Similarly expansion of the Captive Power Plant (CPP) at Jharsuguda from 675 MW to 1350 MW has been allowed, said sources.

These proposals were pending earlier and with the clearance of Single Window Authority, it will go to the High Level Clearance Authority (HLCA) for final clearance, said an official.

Following is an excerpt from a report in sify.com.

The State Level Single Window Clearance Authority (SLSWCA) today cleared nine new investment proposals worth Rs 4920.26 crore. Out of these, five are in the cement sector, two aluminium conductor units, a maize processing unit and a petroleum coke plant.

Out of the five new cement projects, two are of Madras Cement which will set up its units at Sundergarh and Malkangiri.

The company’s Sundargarh plant will have two million tonne per annum (mtpa) cement capacity along with 40 MW of captive power generation facility. The project is estimated to cost Rs 750 crore. Madras Cement, known for its Ramko brand of cement, will also have a cement fibre sheet plant at the same location at an investment of Rs 35 crore.

The company’s second cement unit in the state, also with a capacity of two mtpa, will come up at Malkanagiri. It will have a 36 MW Captive Power Plant and the combined cost of the project is pegged at Rs 700 crore.

Apart from Madras Cement, Ajmer-based Shree Cement, known for its Bangur brand of cement, has proposed to set up a three mtpa cement unit and a 36 MW CPP, also at Malkangiri, at an investment of Rs 683 crore.

ACC Cement intends to set up a three mtpa cement unit and a 50 MW CPP at Malkangiri, involving an investment of Rs 1850 crore.

Similarly, Emami Group which has a newsprint making plant at Balgopalpur in Balasore district will invest Rs 179 crore at Somnathpur in the same district for setting up a 0.6 mtpa cement grinding unit.

… Among the other investment proposals cleared by SLSWCA is the Seashore Group’s plan to set up a maize processing unit at Papdahandi block in Nabarangpur district at a cost of Rs 160 crore. The facility will come up on 123 acres of land and will require two lakh litres of water per day. The project will create 96 direct jobs besides creating indirect employment opportunity for around 6000 people.

Sterlite Technologies Ltd, a Vedanta Group firm, will invest Rs 51.26 crore on establishing an aluminium conductor plant as well as an aluminium alloy rod unit at Brundamal near Jharsuguda. This plant will be a downstream unit of the company’s existing aluminium smelter at Jharsuguda.

Kalinga Calciners has proposed to set up petroleum coke plant near Paradeep at a cost of Rs 80 crore. The plant will have an overall capacity of 2,20,000 tonnes per annum which will be achieved in two phases.

The SLSWCA also cleared the proposal of Hindustan Vidyut Products Ltd which has evinced interest in setting up an aluminium conductor plant at Jharsuguda, entailing an investment of Rs 389 crore. This project which will come up on 75 acres of land will create direct employment for 153 people and creating indirect jobs for around 400 others.

Its good to see that some of the above units are proposed for remote backward districts such as Malkangiri and Nabarangpur.

Following strong campaign by the NGOs the mainstream media is all over Vedanta on these issues. Some of their articles and points are available at the following web sites.

• Survival International
• Amnesty International.
• Action Aid International.

Following is Vedanta’s side of the story obtained from http://www.bignews.biz/?id=843650&keys=Vedanta-Amnesty-Lanjigarh-Dongaria.

Vedanta Alumina Refinery at Lanjigarh has been built with the state of the art technology and the first Alumina refinery in the country and among few in the world having successfully implemented Zero Discharge System. The environmental measures adopted in the plant with respect to Air and Water Pollution is among the best and performance of the same is being regularly monitored by State pollution Control Board (SPCB). Based on Vedanta’s commitment towards Environmental Protection and Socio-Economic Development of the area, SPCB has renewed its Consent to Operate for 2 years instead of normal 1 year i.e valid upto March 2011. Vedanta’s initiatives for Zero Discharge, Zero Waste and Zero Harm is appreciated at all level and Vedanta’s is committed to become the first Alumina Refinery in the world to achieve this goal very soon.

Today, water and energy consumption at VAL refinery is the lowest in the country and is a proof of Vedanta’s commitment towards environmental protection .The allegation made by Action Aid has already been checked by top world recognized institutions like Indian Institute of Science, Bangalore, National Geophysical Research Institute, Hyderabad, Indian Institute of Technology, Kharagpur and find no substance in to it.
Regarding leakage- during initial trial runs only in 2007-08, we would like to clarify that no caustic effluent was ever discharged in to the river. On investigation by SPCB and expert team mentioned above, it was established that there was small seepage from the joint between earthen dyke wall and overflow pipes in Red Mud Pond which was collected and recycled back within the bounded area of Red Mud Pond for which provision has been kept in the design of Red Mud Pond by Indian Institute of Science from the beginning.

Vedanta strongly denies any allegations of pollution of the environment in Lanjigarh and of violation of human rights. Vedanta remains fully committed to pursuing all its investments in a responsible manner, respecting the environment and human rights and adopting the best corporate social responsibility standards practices.

Vedanta sustainable development strategy, known as the ‘Vedanta Way’ is all encompassing and comprises the following four principal elements:
• Environmental Stewardship: Respect for nature, enhanced resource conservation and use of environment friendly technology are embodied in our working,
• Nurturing People: People are our key assets. We are committed to build a flexible, flat and learning organization with an engaged and high performing work force. We believe in nurturing and mentoring leaders from within and providing opportunities for growth based on meritocracy, performance and integrity,
• Health and Safety: We are committed to providing a safe, secure and healthy workplace for all employees by using the best technology and practices, and
• Empowering Communities: Communities are integral to our business. We are committed to enhancing the quality of life of the communities near our operations and creating self sustaining communities. We work to gain and nurture our social license to operate in the host communities.

It is only because of support from local community, Vedanta could establish an Alumina refinery after 25 years ( last Alumina Refinery was built and commissioned by NALCO in 1986) in a record time of less than 3 years. With the successful commissioning of proposed expansion of Alumina Refinery and Aluminium Smelter at various location , Vedanta will be the third largest Aluminium Producer in the world.,
Background:

Indian Constitution has made enough safeguard in terms of Act Like PESA, special provision in constitution under Schedule V to protect and ensure development of tribal community. The issues raised by Action Aid regarding Dongaria Kondh and Mining Project were brought before the Hon’ble Supreme Court of India in IA Nos 1324 and 1474 in W P (C) 202 of 1995 and IA Nos 2081-2082 @ W.P (c) No 549/2007 and a judgement in favour of the project was given.

Kalahandi is one of the most backward and underdeveloped area in the country and known worldwide for years for ill things like Poverty, Hunger, Malnutrition, Drought, Malarial deaths, Cholera and diarrhea ‘s death, low literacy, lack of education and medical facilities even though it is one of richest resource district of Orissa having precious stones, granite, bauxite, limestone etc. Since, implement any large-scale mining operation presents wider environmental and public administrative challenges, this project was initiated by the Indian authorities themselves, having identified this most backward area of India as in need of significant economic investment and social development, as well as the most suitable location for such activities. By way of background, India’s national planning authorities had identified a number of least developed districts of the country, of which Kalahandi is one, which were in need of substantial socio-economic investment. It must be appreciated that a majority of the population in the area where the project is situated lives below the poverty line.

Gangapada is couple of kilometers before Khurda on the National Highway. The Bhubaneswar-Cuttack CDP proposes the new airport to be located there. Following is an excerpt from a report in Business Standard about the Vedanta sponsored trauma center coming up there.

The construction work for a 100-beded, state-of-the-art Trauma Care Centre, to be set up by Vedanta Aluminium Ltd (VAL) in Bhubaneswar, is likely to start soon.

The state government has handed over the required 10 acres of land for the centre which would come up near Gangapada on the national highway No.5 in the Bhubaneswar-Khurda patch. It will handle the ever-increasing trauma cases and an estimated Rs 75 crore is proposed to be spent on the project. HOSMAC Consultant, an internationally reputed hospital maker has been roped in by the company to render its professional expertise for this project, company sources said.

… The setting up the centre assumes importance as the death rate in accidents per hundred population in Orissa at 35 compares unfavourably with the national average. Add to it, there is no specialized trauma centre in the state with latest facilities to cater to the treatment needs. “The proposed centre will have facilities that will cater to patients of all income groups at any point of time.

Following are excerpts from Suchismita Sahoo’s report in orissadiary.com.

… the idea to set up a state of art hospital at Bhubanheswar has recently been discussed between Chief Minster Mr Navin Patttanik and Mr Anil Agarwal, Chairman of the Vedanta Group in his last meeting, and off late the Vedanta management reviewed it seriously and Government has agreed to extend their support to make the best in class .

Realising the need of proper provision to handle the ever-increasing trauma cases, Vedanta has come forward to set up a 100-bed Level I, state-of-the-art Trauma Care Centre in Bhubaneswar. Revealing Vedanta’s plans regarding this novel initiative, the Vice President of Vedanta Group, Ajit Kumar Samal said, "This centre will be established on 10 acres of land involving a proposed investment of Rs 75 crore. As a Level I trauma care centre, it will have facilities that will cater to patients of all income groups at any point of time. We have handed over the responsibility of designing and construction to HOSMAC, an internationally reputed professional group involved in hospital making and research." Informing about the facilities that will be available at this centre, Mr. Vivek Desai, Head of HOSMAC Consultancy Services said, "The centre will have facilities like highest level of surgical care, specialists and equipment available 24 hours, education programme, preventive and outreach programs, program of research in trauma education and injury prevention. This will become a referral resource for communities in nearby regions. Both the clinical and non-clinical facilities will be of international standard. Besides the integrated trauma care facilities including General Medicine, General Surgery, Reconstructive surgery, Orthopedic surgery, Neurosurgery, Vascular surgery, Dermatology, Ophthalmology, Nephrology, ENT and Radiology and Imaging diagnostic services, this centre will also have Emergency Care Services, Ambulatory Care Services and blood bank. The proposed centre is expected to come out as an unmatched proposition in trauma and burns which will include bone bank and skin bank facility. Currently there is no same line dedicated trauma hospital in Orissa or even neighboring state like West Bengal, Chhattisgarh, Madhya Pradesh or Andhra Pradesh." "The institute is the first level-I trauma and burns facility in Orissa and will act as leading trauma centre in the country. The bone bank and skin bank is an unparallel facility in the country which will be available here. The centre will be backed by an integrated life saving road and air ambulance service. The hospital will ensure maximum patient safety and quality of care and will operate in line of NABH / JCI standard," he adds.