2013 (4) TMI 946 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the MOEF's order rejecting Stage-II forest clearance.
2. Rights of Scheduled Tribes (STs) and Traditional Forest Dwellers (TFDs) under the Forest Rights Act.
3. Relationship between the Alumina Refinery Project and Bauxite Mining Project.
4. Role of Gram Sabha in determining forest rights and religious rights of STs and TFDs.

Summary:

1. Validity of the MOEF's Order Rejecting Stage-II Forest Clearance:

Orissa Mining Corporation (OMC) approached the Supreme Court seeking a Writ of Certiorari to quash the MOEF's order dated 24.8.2010, which rejected the Stage-II forest clearance for the diversion of 660.749 hectares of forest land for mining bauxite ore. OMC contended that the order neutralized previous orders of the Supreme Court in the Vedanta and Sterlite cases. The Court examined the facts and previous judgments to evaluate the issues raised in the writ petition.

2. Rights of Scheduled Tribes (STs) and Traditional Forest Dwellers (TFDs) under the Forest Rights Act:

The Forest Rights Act was enacted to recognize and vest forest rights in forest-dwelling STs and TFDs. The Act protects a wide range of rights, including customary rights, community rights, and religious rights. The Court emphasized that the Gram Sabha has the authority to determine the nature and extent of these rights. The Court directed the Gram Sabha to consider whether the proposed mining area would affect the religious rights of the STs and TFDs, especially their right to worship their deity, Niyam Raja.

3. Relationship between the Alumina Refinery Project and Bauxite Mining Project:

The Court rejected the petitioner's assertion that the Alumina Refinery Project and the Bauxite Mining Project are separate and independent. The Court noted that the two projects are interdependent and inseparably linked, and any wrongdoing by the Alumina Refinery Project could reflect on the Bauxite Mining Project. However, the Court focused mainly on the rights of the STs and TFDs under the Forest Rights Act.

4. Role of Gram Sabha in Determining Forest Rights and Religious Rights of STs and TFDs:

The Court highlighted the role of the Gram Sabha in safeguarding the customary and religious rights of the STs and TFDs under the Forest Rights Act. The Gram Sabha is empowered to determine the nature and extent of individual and community forest rights. The Court directed the State of Orissa to place the issues before the Gram Sabha, which would take a decision within three months and communicate it to the MOEF. The MOEF would then take a final decision on the grant of Stage-II clearance for the Bauxite Mining Project in light of the Gram Sabha's decision.

Conclusion:

The Court disposed of the writ petition with directions to the State of Orissa to place the issues before the Gram Sabha and to the MOEF to take a final decision based on the Gram Sabha's determination. The Court also advised the Alumina Refinery Project to rectify any alleged violations of the terms of the environmental clearance granted by the MOEF.