Such has been the labyrinthine process of the law of the land that after a decade of charges and counter charges, claims and counter claims, the fate of Vedanta’s `4,500-crore alumina refinery at Lanjigarh and the future of its `50,000 crore other investments in the state will be decided by around two thousand Dongaria Kondh tribals residing in the hill slopes of Niyamgiri.
The process of gram sabhas, as directed by the Supreme Court on April 18, will begin on July 18 in 12 Dongaria Kondh villages under the supervision of the district judges of Rayagada and Kalahandi.
The top court in its judgment wanted the Scheduled Tribes (ST) and the traditional forest dwellers (TFDs) to examine “whether the proposed mining area, Niyama Dangar, 10 km away from the peak of Niyamgiril hill, would in any way affect the abode of “Niyam Raja,”
The court also said the gram sabha is also free to consider all the community, individual as well as cultural and religious claims, over and above the claims which have already been received from Rayagada and Kalahandi districts.
Despite this clear-cut judgment and effort of the SC to give power to people, the area has witnessed numerous NGO-sponsored bandhs, demonstrations protesting holding of gram sabha meetings.
The NGOs fear that the Union ministry of tribal affairs, which has already recognised Orissa as the leading state in implementation of Forest Rights Act and recommended that other states should follow the step, might again ask other states to stick to the outcome of the gram sabha meetings while settling the forest rights related claims. The top court had observed, “Rayagada district gram sabha received 185 individual claims of which 145 claims have been considered and settled by granting alternate rights over 263.5 acres of land.”
In Kalahandi district, the court observed, “At least 31 individual claims have been considered and settled by granting alternate rights over an area of 61 acres.”
Apart from this, the to court has recognised Hundaljali hilltop as the abode of Niyam Raja, the presiding deity of the Dongaria Kondh tribals. The place is located 10 km away from the proposed mining site. While recognising the importance of religious sentiments of the Kondhs, the court has refused the NGO-sponsored theory that the entire hill range be declared the abode of the tribal God.
The NGOs, according to sources, are planning to hold parallel gram sabhas so to create confusion.
The state government, after taking legal opinion, has stuck to its position of holding gram sabhas in only 12 villages that lie in the slopes of the proposed mining project.
The coming weeks will be extremely crucial not only for the future of Vedanta’s refinery but also India’s aluminium growth which has been severely hampered by critical lack of bauxite support.
Experts say the outcomes of gram sabha in the tribal belt of Orissa will have direct bearings in other parts of the country.