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Niyamgiri Setback – Anil Agarwal might ask for alternate mining site

Anil Agarwal

Anil Agarwal

Anil Agarwal’s Vedanta Alumina, a unit of the London-listed Vedanta Resources, might ask the Odisha state government for a alternative mining site after its proposed mining project in the Niyamgiri hills range suffered a fresh setback today.

The seventh village, of the total 12, today rejected the mining proposal through a Gram Sabha hearing. Five more villages are still to hold Gram Sabhas but with the majority verdict in, the billionaire might now find it difficult to go ahead with the original plan.

Under Supreme Court’s direction the state government is conducting Gram Sabha meetings in 12 villages of two districts – Kalahandi and Rayagada. The objective is to understand the opinion of natives on a proposed mining project that the London-listed company wants to do along with the state-owned Orissa Mining Corporation. A local unit of Vedanta Resources is partnering OMC.

The two companies, through a joint venture, want to mine on one of the peaks of the Niyamgiri hills. The bauxite will be used by Vedanta’s alumina refinery that reopened recently after being shut for almost a year due to supply constraints in sourcing the raw material. But the natives have argued that the hills are spiritually important for them and any kind of mining will destroy it. The company though contests this and says that the “actual” mining site is 10km away from the “holy hill.”

Once hearing in all the 12 villages are over, independent observers appointed by the state government will write to the Ministry of Environment and Forests. The Ministry then has three months to submit its report to the Apex Court. With the popular opinion against the project, it wont be surprising if the Ministry recommendation goes against the company.

The last two weeks have seen six of the villages unanimously turning down the proposal. The clearance is important for the company to get Stage 2 clearance for the mining proposal. A Stage 2 clearance would grant the mining rights to the Vedanta Resources-OMC combine.

A raging debate has now ensued in the state over the conduct of these meeting. According to Supreme Court regulations, none of the stateholders – including Vedanta Resources and the state administration – should be present during the meetings and try to influence the natives’ opinion. But a local Congress (I) MP Bhakta Charan Das was present in one of the meetings. Interestingly he also heads Green Kalahandi, a NGO that has been protesting the project. It has also been alleged that many other NGOs, including international ones, have been present in these villages and might have influenced the natives.

Amnesty International’s Ramesh Gopalakrishnan is just back in London after spending 10 days in Odisha. “While I was present in the meetings, I didn’t speak. The independent observers, who are judges appointed by the state administration, had no problems with my presence,” he told me over the phone.

He is now getting ready for Vedanta Resources’ AGM on 1st August in London. As in previous AGMs, Agarwal can be sure to face more protests as he conducts this year’s meeting. Many of the international NGOs have already started mobilizing men and resources for a noisy showdown. Proxy shareholders will be in presence to ask the metal king uncomfortable questions. The proceedings in Odisha will only add to heat up the environment.

It is also important to remember that the central Ministry for Environment and Forest had cancelled the stage 2 clearance of the project soon a visit by Congress leader Rahul Gandhi to Odisha.  The Saxena Committee, appointed by the Ministry, had made adverse comments on the project. The Gandhi scion had famously promised that the party will take care of the natives’ interest. With the next general elections nearing, cancellation of the mining project will show the party in a good light. Compared to that, Odisha Chief Minister Naveen Patnaik, also leader of BJD that is opposed to the Congress, is banking on these high profile projects to cement his ‘development’ plank. Unfortunately, another key project, that of Posco, has been a non starter. And ArcelorMittal recently shelved its planned project to build a steel plant in the state.

The next twist in the story now will be if Agarwal is able to execute his Plan B – an alternate mining site in Odisha.

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Well What a drama. This is all Indian politics - egos, corruptions, political gains….. According to Court regulations none of the stateholders are allowed in the meeting. But why did a local congress MP, NGOs and Amnesty International’s Ramesh Gopalakrishnan present in the meeting. They want to make noise so that they can be noticed for easy popularity and fame, specially general elections nearing. What did these people do when Government gave clearance ? What about billions of investments, infrastructure, employment invested by the company. It is certainly not easy to do business in India. It lost valuable project Posco. India is certainly going backwards.
"What did these people do when Government gave clearance ? " --- Did the govt ask the people before giving clearance ? What is development mean to you ?? Employment is not lost at all . Even if the company employs 10000 people, as number of people are self employed inside the forest. Without your consent, the govt cant come inside your house and say It has cleared a mining project and you need to vacate the place and your house will be demolished for the sake of development. The same yardstick applies to the tribals also.
The people of Lanjigarh and Niyamgiri have opposed to project since beginning i.e. 2003, before Vedanta has started construction. In 2005, the Central Empowered Committee of the Supreme Court has pointed out the various violations by the project, and recommended that its environmental clearance be revoked and no forest clearance be given. Vedanta started and almost completed the construction of its 2nd phase of the project without any environmental clearance- and broke the laws of the country. They have violated constitutional provisions (Schedule V) as well as the Forest Rights Act and Environmental laws. Its all available on record. They took the risk of breaking laws, and now they have lost it. The guidelines for the Gram Sabha by the Ministry of Tribal Affairs clearly states that MPs and MLAs of the region should be present. Unfortunately, it is too easy to do business in India if you are powerful and can grease sundry hands - its the first time the laws and local resistance have come together to enforce accountability on powerful corporation like Vedanta.
Completely disagree......What did the Orissa Gov and Central Gov do when Vedanta was setting up the refinery ? Why did they give clearance in first place? Why are they making noise now ?
There is enough written on this issue - and don't you know how industries are set up and land acquired in India. Vedanta is an exceptional case where due to conjunction of a number of issues- a powerful corporation is finally being held to account. The Orissa government is effectively in Vedanta's pocket; and so was the MOEF when the initial clearances were given. The matter has been in Supreme Court since 2004 - and the current outcome is a result of the Supreme Court judgement. And BTW what has a export oriented extractive industry which obtains everything resource at subsidised rates and destroys the local environment and culture; while benefitting international investments good for the country. One would see the Niyamgiri issue as strengthening Indian democratic processes and holding powerful actors as accountable. Or do you think that international corporations are above Indian laws.
surya sarathi ray
I also sincerely believe that time has now come for Mr Agarwal to pack off from here and with that, at least one raging controversy over progress vs religion or belief would come to a permanent end in the country.
 
 
Prince Thomas
Despite the seemingly royal linkages of my first name, I like to see life from the back bench. While studying it helped when lectures were unending but later I realized it also worked as a corporate reporter. It gives a clear view of both the performer and the viewer; of the 360 degree perspective and the minute detail. Now while tracking the world of business for the pages of Forbes India as Senior Assistant Editor, I will use this space to share what I observe from that rear seat.
 
 
 
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August 03, 2013 03:11 am by Kundan
There is enough written on this issue - and don't you know how industries are set up and land acquired in India. Vedanta is an exceptional case where due to conjunction of a number of issues- a powerful corporation is finally being held to account. The Orissa government is effectively in Vedanta's p...
August 02, 2013 22:48 pm by rosegarden
Completely disagree......What did the Orissa Gov and Central Gov do when Vedanta was setting up the refinery ? Why did they give clearance in first place? Why are they making noise now ?
August 01, 2013 12:44 pm by Jolt for Vedanta as mining in Niyamgiri Hills voted out | London Mining Network
[...] http://forbesindia.com/blog/business-strategy/niyamgiri-setback-anil-agarwal-might-ask-for-alternate... [...]
July 30, 2013 15:12 pm by Kundan
The people of Lanjigarh and Niyamgiri have opposed to project since beginning i.e. 2003, before Vedanta has started construction. In 2005, the Central Empowered Committee of the Supreme Court has pointed out the various violations by the project, and recommended that its environmental clearance be r...
July 30, 2013 11:16 am by Amirtharaj
"What did these people do when Government gave clearance ? " --- Did the govt ask the people before giving clearance ? What is development mean to you ?? Employment is not lost at all . Even if the company employs 10000 people, as number of people are self employed inside the forest. Without your co...