___________

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.

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.

   

Following article titled ” `Rahul hand behind POSCO, Vedanta mess’ – Cong counters BJD charge” is from Times of India Bhubaneswar edition. Thanks to HM for bringing this to our notice and sending it to us.

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 from an article by Nageshwar Patnaik in Economic Times. Nageshwar is a big critic of the Tatas. So coming from him, I give a lot of value to the article.

Buoyed by successful resettlement of displaced persons after five years, Tata Steel, which is setting up a 6-mtpa steel plant at Kalinga Nagar in Orissa’s Jajpur district, has undertaken massive infrastructure development work at the project site to get support of the local people, especially the tribals.

Under its Tata Steel Parivar resettlement and rehabilitation (R&R) programme, the leading steel producer of the country has laid 20 km of quality motorable roads connecting all rehabilitation colonies, besides constructing 32 km of drainage system at adjoining tribal-dominated villages such as Trijanga, Sansailo and Gobarghati.

As many as 300 sodium vapour halogen lamp posts have been installed and pipe water provision made to provide better life to the displaced people living in rehabilitation colonies.

Each colony in the project area has a dispensary, community centre and several education centres offering management and technical courses.

“The Tata Steel Parivar rehabilitation scheme at Kalinga Nagar provides substantially better facilities than the government-framed R&R policy. The government policy provides employment for one member from each core household. On the other hand, Tata Steel Parivar policy provides employment opportunities for each major member of the core house. It also provides training facilities for technical skill upgrade,” a press statement, issued by the company here on Thursday, said.

The release also noted that scholarships were being provided for displaced persons pursuing higher education in professional fields such as medicine, engineering and management.

“An amount of Rs 2.21 lakh is also provided as onetime assistance in lieu of employment. Further, under the Tata Steel Parivar policy, each family is given a monthly maintenance allowance of Rs 2,000-2,300 till they get employment in the plant whereas the policy stipulates payment of maintenance allowance for 12 months only,” it added.

The opposition in Kalinganagar has finally seen light and allowed the Tatas to build the infrastructure of Kalinganagar. Related to this, The Telegraph of UK has apologized to the Tatas for their negative coverage.

Things also seem to be going in the positive direction in the POSCO front and I hope the people there visit Tata’s colonies in Kalinganagar and demand and get similar or better facilities and form a positive partnership with POSCO. In addition the Odisha government should push POSCO in developing a POSTECH like University in Paradeep.

However, there is not much progress with respect to Vedanta Aluminum in Kalahandi or Vedanta University in Puri. Here again it would be wise for the people there to visit Tata’s colonies Kalinganagar and demand and get similar or better facilities and form a positive partnership with Vedanta. But the time may be running out for Puri as Vedanta University Project has indicated that it may give up and move south where it will be welcomed with open arms. If that happens it would of course be a mistake of a century for Puri and Odisha.

In regards to the Arcelor-Mittal and Keonjhar the company really has not made much visible effort to woo the people.

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 is from a report in Financial Express.

Work on acquisition of land and obtaining of clearances for the twin-site Rs 9,000 crore RSB Metaltech Ltd’s project involving bauxite mining and setting up an alumina refinery unit at Rayagada and a 0.7 million tonne per annum (mtpa) smelter unit plus a 500 MW power plant to be set up at Kamakshyanagar in Dhenkanal in Orissa, are progressing satisfactorily.

… The company intends to transport processed alumina from its Raigada plant to Kamakshyanagar in railway rakes.

“Work on land acquisition as well as environmental clearance has already started; the Orissa government has given final clearance to 1,520 acres of land for the Raygada project and 1,546 acres for the Kamakshyanagar project”, said RSB Metaltech managing director S K Behera, speaking to FE.

The company had applied to the state government for around 3,000 acres of land for each of the sites.

Initial environmental clearance for the project, as well as clearances from the railways, and for water for the plants from the state government has also been obtained.

…  as per the MoU with the Orissa government, RSB Metaltech has entered into a joint venture with Orissa Mining Corporation (OMC) for bauxite mining and an alumina refinery at Rayagada.

Simultaneously, the company is to set up a 0.7 mtpa capacity smelter plant at Kamakshyanagar which would feed aluminium metal to the 50-odd downstream units that are to come up and which would be manufacturing construction products, auto components like cylinder head, cylinder block, gear box, clutch housing, etc.

Both the Kamakshyanagar and Rayagada units which are expected to become fully operational in five years’ time would together be able to give employment to around 12,000 people, said Behera.

“We will like to invite certain companies to use the hot metal (aluminium) available with us, who will immediately process it (the hot metal) to make auto components and other products and thus save on cost”, said the RSB Transmissions managing director, adding that while some of the downstream units would be fully owned by the RSB group, several others including a number of export-oriented units would be on joint venture basis.

Following is an excerpt from a report in Economic Times.

Aditya Birla Group chairman, Mr Kumar Mangalam Birla is very hopeful of completion of the Rs 4,500-crore alumina refinery plant coming up at Kashipur in Koraput district and expansion of Hindalco aluminium smelter project at Hirakud in Sambalpur district. 

… In June last year, the Orissa government had recommended the union mining ministry to allot mining lease of Lakharis bauxite deposit in Koraput district in favour of Hindalco Industries Limited, the flagship company of Aditya Birla Group.

This is the second bauxite deposit to be allotted to the Group, which entered into a memorandum of understanding (MoU) with Orissa government in April, 2005 is to set up a world-class aluminium complex in the state.

Officials said the Lakharis mine is estimated to have about 45 million bauxite deposits.

Earlier, the Hindalco was allotted Kodingamali bauxite deposit in the district for its proposed aluminium complex at Kansari.

Aditya Aluminium (another unit of Hindalco) had signed a MoU with the Orissa government on April 8, 2005 to set up an integrated aluminium complex in the state. The project involves a total investment of Rs 11,500 crores for production of 1.5 lakh tones of alumina and 3.25 lakh tonnes of aluminium per annum.

Aditya Aluminium has already signed a joint venture umbrella agreement with the Orissa Mining Corporation for bauxite mining in Koraput district.

The company has sought 2012 acres of land for its refinery and 3331 acres for the smelter, sources said.

The state government is in the process of acquiring land for the project, but faces problem in some villages, the sources added resulting in the delay in grounding of the project.

Following are excerpts from a report in tathya.in.

Odisha’s Power sector gets a relief as the first Unit of 2400 Independent Power Plant (IPP) at Jharsuguda would be commissioned in coming Summer’, he said to the media after meeting the Chief Minister.

This will add 600 MW to the state’s power production capacity and can help the State Government in facing the current power crisis. 

Mr. Agarwal revealed that construction work of world class Vedanta University near Puri has already started. 

At the first stage, the University will have a 1000 bed super specialty hospital and Medical College, also academic building. 

Vedanta Boss also informed the meeting that Lanjigarh refinery is fully operational by sourcing bauxite from other states, incurring a huge opportunity loss for both states as well as company. 

State Government has assured to look into the issue seriously and try to work out for an immediate solution. 

Construction activities for a specialized burn and trauma care centre at Bhubaneswar would begin very soon.

Following is an excerpt from a report in Business Standard.

After committing an investment of Rs 60,000 crore on various projects in Orissa including an aluminium smelter plant, an alumina refinery unit and a mega university project, London-based Vedanta Resources Plc has now evinced interest in setting up a steel plant in the state.

Vedanta plans to set up the steel plant in collaboration with engineering and construction major Larsen and Toubro (L&T).

… However, he did not provide details like capacity of the proposed steel plant, location and investment. It may be noted that in October 2004, Sterlite Iron and Steel Company, a subsidiary of Vedanta Resources, had inked an MoU (Memorandum of Understanding) with the state government for setting up a five million tonne per annum steel plant. The steel plant was to set up at Palasponga in the state’s Keonjhar district at an investment of Rs 12,502 crore. However, the project is yet to take off.

On bauxite supplies, Agarwal said, he has informed the state chief minister that Vedanta’s alumina refinery plant at Lanjigarh in Kalahandi district is operational and the company is sourcing bauxite from other states to run this refinery.

The chief minister has assured that us that bauxite supplies would not be a problem in Orissa which has the fourth largest deposits of the mineral ore in the country, Agarwal informed.

He further said the company is adhering to the environmental norms in running the Lanjigarh refinery, adding, “Our refinery at Lanjigarh is a world class refinery and it is a zero discharge and zero waste unit. …"

He pointed out that the company would commence mining operations at Niyamgiri hills in Kalahandi district after getting the environmental clearance.

Agarwal said, Vedanta has already invested Rs 39,000 crore on various projects in Orissa and these projects have generated direct and indirect employment for about two lakh people.

Vedanta Aluminium has also decided to set aside five per cent of its net profit or Rs 10 crore every year on welfare activities of the tribals of Lanjigarh. The amount will be spent on meeting the needs of the tribals in areas like education, livelihood and health.

The company will also build the hostel for the proposed engineering college of the state government at Bhawanipatna.

On the 2400 MW (6×400) power plant at Jharsuguda, Agarwal said, the first unit of the independent power project (600 MW) will be operational from the ensuing summer.

Talking on the company’s proposed university project, he said, “We have huge local support for our university project and at first we will set up a 1000 bed state-of-the-art hospital as a part of the project.” Apart from the 1000 bed hospital, Vedanta has also firmed up plans to set up a 100-bed burn and trauma care centre at Gangapada on the outskirts of the city. Construction work on this centre wold take off very soon, Agarwal stated.

Update: Following are some additional details from a report in Pioneer.

• Amtech Auto Engineering would set up the complex at an investment of Rs 15,820 crore near Tangi- Choudwar. It would set up a two million tonne steel plant and 500 MW captive power plant in the complex. With this about 33,000 people will get both direct and indirect employment.

  It may be mentioned here that Jamsedpur-based RSB Trasmissions (I) Ltd, one of India’s leading auto components manufacturers, is coming up with an auto complex at Mania in Cuttack. RSB Transmission will invest Rs 430 crore in the project.

• The committee also approved JK Cement‘s one million tonne capacity plant on the road between Athagrah and Choudwar.
• BOC would set up an air separation plant at an investment of Rs 434 crore in Rourkela. It would produce oxygen, nitrogen and argons.
• Bijaya Ferro Power Private Limited would set up a power plant at Keshinga in Kalahandi with an investment of Rs 550 crore. It would take water from Tel river to produce 120 MW power.
• Ind-Bharat’s proposal to enhance its power production capacity has also got the nod of the committee. It would set up its plant at Jharsuguda with an investment of Rs 3,300 crore.
• Facor would set up its captive power plant at Rahandia near Bhadrak.
• Due to shortage of water, few plants have also changed their sites. Odisha Cement Power Plant (OCL) has shifted its plant site from Mania to Rajgangpur.
• Jinadal Stainless Steel would set up its plant in Luni instead of Gajatara in Dhenkanal.
• Kalinga Energy Power Limited would set up its plant at Jharsuguda instead of Sambalpur.
• Scwal Brewage would set up its plant at Baranga instead of Choudwar at a cost of Rs 193 crore.
• The Rs 1,320 crore Sahara Power project has shifted its plant to Ghantabahal from Turul.
• German-based Gaunteman Pipery would set up its plant beneficiation plant and pelatisation plant. The beneficiation plant would come up at Barbil and the pelatisation plant at Dhamra. Around 1,605 crore would be invested in the project.
• Aditya Alumina’s proposal to enhance its production from one million tonne to 1.5 million tonne. It would also enhance its power plant from 650 MW to 900 MW.

Following is an excerpt from Orissadiary.

The projects of Adhunic Metalics and Jindal Stainless Steel at Sundargarh and Kalinganagar, respectively have been approved. The SWCLC has also given its green signal for an air-separation plant. Projects, involving Vijay Ferrochorme and Power Pvt Ltd and Adhunic Power plant have been cleared.

Amtech Metals would establish the integrated auto-complex, first of its kind in the state. Moreover, an auto-park, steel and power plant would also be established in the complex. The cost of the entire project has been pegged at Rs 15,820 crore. All the projects are expected to provide direct and indirect employment opportunities to nearly 47,000 and 1.5 lakh people, respectively apart from bolstering the socio-economic conditions in those regions where the proposed projects would come up, state Industries Secretary, Sourabh Garg said.

Tathya has some details on the Adhunik group’s project. Following are some excerpts:

Adhunik Power & Natural Resources Limited (APNRL) has proposed to invest Rs.3883.40 crore for the 4×250 MW power plant in Birmaharajpur in Sonepur district.

… Adhunik Metaliks Limited (AML), another member of the Group has proposed to set up Down Stream Park for stainless and special products with an investment of Rs.286 crore.  … downstream industries in hot-rolling, cold-rolling utensils, kitchen and hardware.  AML has also proposed for stainless steel pipes and alloys, which received the nod.
The park will be set up at Kumarmunda in a 300 acre area in Sundargarh district.

AML is setting up steel plant at Kumarmunda with a capacity of 0.41 million ton per annum (MTPA).

Tathya has also some details on the JSL project. Following are some excerpts.

JSL Limited posed a proposal to set up a Super Critical Thermal Power Station of 1320 (660X2) megawatt capacity, which has been cleared in the meeting. The Rs.4090 crore Greenfield project will be set up at Luni in Dhenkanal district.

Most importantly JSL, which is setting up a 3.20 million ton per annum (MTPA) capacity stainless steel plant at Kalinga Nagar has proposed to set up Stainless Steel Park (SEZ) with an investment of Rs.740 crore.  … The park will promote auto components, kitchen & life style, light engineering, white goods, cold rolling, pipes and tubes, and service centre. 300 acres of land for the park is needed for the park, which will have man power requirement of more than 2000, said sources. JSL plant is likely to produce stainless steel by end of 2010 and the park is also to be completed by the same time reveal the SLSWCA Report.

The above two downstream park proposals are most likely due to the recent government focus on those aspects, before giving mining leases. The govt. needs to make sure that the down stream parks indeed materialize as proposed.

Following is an excerpt from a report in rttnews.

 National Aluminium Company or Nalco, the state-run aluminium producer, will invest about Rs.22,000 crore to set up two mega projects, one in Andhra Pradesh and the other in Orissa.

Minister for Mines B.K. Handique told the Lok Sabha Tuesday that the navratna firm would set up a 5-lakh ton aluminium smelter in Jharsuguda, Orissa, along with a 1,260 MW captive power plant at an estimated investment of Rs 16,345 crore.

… it has set apart Rs.2 crore each for pre-project activities in Orissa and Andhra Pradesh.

Following is from PIB http://pib.nic.in/release/release.asp?relid=54712.

Minister of State (Independent Charge) Shri Jairam Ramesh received a large number of representations in regard to the project for bauxite mining by the Orissa Mining Corporation (OMC). In a statement issued here today he said the projects are now being examined in the Ministry for approval or rejection so that there is no ambiguity and project proponents do not misuse the ‘in-principle’ approval. 

The following is the text of Shri Jairam Ramesh on the issue of bauxite mining in Orissa: 

“I have been receiving a large number of representations in regard to the project for bauxite mining by the Orissa Mining Corporation (OMC) through Vedanta, a private mining company in Kalahandi and Rayagada districts of Orissa. The total amount of forest land proposed to be diverted is 660.749 ha., of which around 353.14 ha is in the Niyamgiri reserved forest. Concerns have also been raised on the impact that this project will, interalia, have on livelihoods of tribal communities. 

The project application was received in the Ministry of Environment & Forests (MoE&F) on February 26, 2005. The MoE&F gave ‘in-principle’ approval for this project on December 11,2008 under the Forest Conservation Act,1980. This ‘in-principle’ approval is to be converted to a final approval after the fulfillment of stipulations contained in the ‘in-principle’ approval. 

As the representations started coming in, on August 6, 2009 the MoE&F asked the Regional Chief Conservator of Forests, Bhubaneshwar to investigate complaints that project activities have started even without the final approval of the Central Government in violation of the Forest Conservation Act, 1980. The site was inspected and the site inspection report was submitted on August 16,2009. The site inspection report found that construction activity had begun in the non-forest revenue land. Technically this is not a violation of the law but it is a violation of the guidelines issued by the MoE&F which says that when a project involves non-forest and forest lands, construction in the non-forest land should not begin without clearance for activity in the forest land itself. A letter has been issued on November 25th,2009 to the Orissa Government asking for an explanation as to how the violation of this guideline has been permitted. 

On August 3, 2009, the MoE&F had issued a binding guideline to all State Governments that application for diversion under the Forest Conservation Act, 1980 would be considered only after all due processes contained in the Scheduled Tribe and Other Forest Dwellers (Recognition of Rights) Act, 2006 have been fully and satisfactorily completed. A letter was subsequently issued by the MoE&F to the Orissa Government on November 3, 2009 directing the State to comply with the provisions of the Scheduled Tribe and Other Forest Dwellers (Recognition of Rights) Act, 2006 and provide evidence for the compliance before the Centre could examine conversion of the ‘in-principle’ approval to final approval. The reply of the state government is awaited. In addition, another site inspection team is being sent in the next one week to verify fresh allegations of violations of the terms of the ‘in-principle’ approval under Forest Conservation Act,1980. 

The new policy of the MoE&F does away with the concept of ‘in-principle’ approval. Projects are now being examined for approval or rejection so that there is no ambiguity and project proponents do not misuse the ‘in-principle’ approval.” 

KP/

Following are excerpts from a report by Bishnu Das in Business Standard.

… Vedanta Aluminium Limited (VAL), a subsidiary of Vedanta Resources Plc, plans to set up an aluminium park at Jharsuguda.

The proposed park is expected to house at least 10-15 medium size downstream units with the total investment projected to be in excess of Rs 5000 crore. About 150 acres of land has been identified by the Orissa government for the purpose, sources said.

The units to come up in the park will utilise liquid alumina or ingot produced by VAL for manufacturing various products like electrical appliances, cable, aluminium extrusion and automobile parts.

The location of the park close to the VAL’s smelter plant at Jharsuguda is expected to reduce the input cost for downstream products.

…  Meanwhile, two downstream units have already applied to the district administration to set up shops in the proposed park.

On the other hand, the company’s refinery unit located at Lanjigarh has initiated steps for setting up an ancillary complex in its vicinity. The complex will house industries related to the field of fly ash bricks, cement, mineral water, hotels and food processing.

Joint advertisement by the company and District Industries Centre located at Lanjigarh was published and more than 80 applications have been received for setting up of industries in the identified field.

Sources said, about 20-25 acres of land has been earmarked for the setting up of ancillary units …

It may be noted, the company has already set up a 1 million tonne per annum greenfield alumina refinery at Lanjigarh and a 0.5 million tonne per annum aluminum smelter at Jharsuguda.

This is great news. I hope the people of Lanjigarh and Jharsuguda help in the early implementation of these plans. The downstream units often hire more people than the smelters. They also lead to the development of townships. In case of Jharsuguda such development would speed up the operationalization of the airport.

Following is an excerpt from a report in Business Standard.

… Projects awaiting the chief minister’s nod include those proposed by National Thermal Power Corporation (Rs18,000 crore), L&T-Dubal (Rs 19,668 crore) and Lanco Babanh Power (Rs 11,402 crore) among others.

… The SLSWCA in its meeting held in March 2007 cleared the Rs 4232.54 crore investment proposal of Ashapura Minechem Ltd for setting up of a 0.5 million tonne per annum (mtpa) alumina refinery and 0.15 mtpa smelter with 300 Mw captive power plant (CPP) in Koraput district.

Similarly, NTPC proposal to set up a 3200 Mw thermal power project at Darlipali in Sundergarh district was approved by the SLSWCA in February 2008.

The fate of L&T’s proposal to set up an alumina-aluminium complex at Kusumsila near Rayagada and Vadrapali near Sambalpur in joint venture with Dubal is still uncertain.

Sources said, the HLCA is yet to consider the Rs 8,250 crore investment proposal of Orissa Thermal Power Corporation Ltd (OTPCL) to set up a 2000 Mw coal based power plant at Rengali. It is also yet to take up the Lanco Babandh Power’s application to enhance the MoU capacity from 1320Mw to 2640 Mw at Kurunti and Kharagprasad in Dhenkanal district.

The Rs 3101.86 crore proposal of Tata Sponge Iron to set up a 1.5 mtpa steel making capacity at Beliapada near Joda, recommended by the SLSWCA in May this year, is also pending for approval by the chief ministers.

… Though VAL had proposed to expand the capacity of its existing refinery at Lanjigarh from 1 mtpa to 6 mtpa, smelter plant capacity from 0.25 mtpa to 1.6 mtpa and the captive power plant (CPP) capacity from 674 Mw to 1350 Mw with a combined investment of Rs 37,440 crore, it was cleared in part by the SLSWCA.

The SLSWCA meeting held in May this year had recommended for a smelter capacity of 0.5 mtpa as the company had already achieved this level while approving the capacity expansion of the CPP to 1350 Mw without any increase in the refinery capacity.

Similarly, Hindalco Industries Ltd (Aditya Aluminium) had proposed to expand its alumina refinery capacity to 1.5 mtpa from 1 mtpa and expansion of its smelting capacity to 0.72 mtpa from 0.26 mtpa along with an increase in the CPP capacity to 1650 Mw from 650 Mw.

SLSWCA has only recommended a marginal increase in the smelting capacity from 0.26 mtpa to 0.36 mtpa and CPP capacity from 650 Mw to 950 Mw to the HLCA. Partial approval of these proposals was officially attributed to the non-availability of bauxite linkage and pending the final report of the environmental carrying capacity study taken up by the Orissa State Pollution Control Board.

That apart, the SLSWCA in its meeting on 26 August 2009 also recommended two projects of Rs 14,275 crore to HLCA. The Rs 7988 crore proposal of JR Powergen Private Ltd to set up a 1980 Mw power plant at Kishorenagar near Angul and BRG Energy Systems’s proposal to set up a 1320 Mw power plant at an investment of Rs 6287 crore at Bhapur in Nayagarh district are yet to be approved by HLCA.

NALCO has its headquarter in Bhubaneswar. In Orissa, its major operations are in Angul and Damanjodi (Koraput). This week there has been several different news reports about it. We start with an excerpt from a report in Telegraph about the proposed aluminum park in Angul.

An MoU was signed between the central public sector National Aluminium Company (Nalco) and state-owned Industrial Infrastructure Development Corporation (Idco) here this evening.

… The proposed aluminium park, with an estimated cost of Rs 75 crore, will be located at Angul close to the smelter plant of Nalco, said its chairman and managing director C.R. Pradhan.

Nalco and Idco will set up a joint venture on 50:50 basis soon after signing the MoU, he said.

A pre-feasibility study for the aluminium park was conducted by AF Ferguson and 200 acre land has already been earmarked. Electricity, water, road facilities would be developed soon, Pradhan said.

Following is an excerpt from a report in Financial Express about the bauxite mine it got in Andhra Pradesh.

National Aluminium Company Ltd (Nalco) is all set to go ahead with its Rs 6,000 crore aluminium complex venture in Andhra Pradesh as the bauxite mines it had sought has been cleared by the Centre and the Andhra Pradesh government. The company has bagged Gudem and Katamraju Konda bauxite mines in AP, which promises a deposit of 85 million tonne of bauxite, according to a Nalco spokesperson.

Nalco plans to build a 1.4 million tonne green field alumina refinery based on the Gudem and KR Konda bauxite deposits at Visakhapatnam at an estimated investment of Rs 6,000 crore.

Following is an excerpt from a report in Reuters.

NALCO plans to build a 310,000 tonne smelter and a power plant in Iran with Iran’s Kerman Development Organisation in a project that would cost it 80 billion rupees ($1.7 billion).

"Maybe in a month or two we will go ahead for signing the joint venture agreement with our local partner," B.L. Bagra, NALCO’s director of finance, told Reuters.

… Another overseas venture in Indonesia for a smelter and power plant was awaiting port and rail concessions by the Indonesia government, Bagra said.