The Attorney-General has given the government a free rein to refuse forest clearance for Vedanta Aluminium's bauxite mining proposal in the Niyamgiri Hills of Orissa.
The project has been put on hold, while a committee led by NAC member N.C. Saxena examines how it would impact the life, livelihood and culture of Dongria Kondhs, a notified tribal community living in the region, as well as a possible impact on biodiversity and wildlife. Forest Conservation Act clearances for diversion of 660 hectares of land have not been granted to Vedanta and its partner, the Orissa Mining Corporation.
Vedanta, as well as certain sections within the government, suggested that the Ministry of Environment and Forests (MoEF) had no right to deny forest clearance, as the Supreme Court itself had granted approval for the project. One interpretation of the 2008 judgment was that the Ministry's role was limited to ensuring compliance with the court's conditions.
However, senior government sources say that following an MoEF query, the Attorney General has made it clear that the Ministry is bound to apply its mind and decide whether or not to grant an independent clearance on the merits of the case. If clearance is granted, the court's conditions would also have to be complied with; if not, the issue is moot.
According to the sources, the Attorney-General felt that the judgment, which said “the next step would be for MoEF to grant its approval in accordance with law,” referred to the provisions of the Forest Conservation Act, which must be complied with. There was never any question of the court judgment being used to obviate the necessity of obtaining forest clearances from the government.
