Orissa Mining Corporation Ltd. vs. Ministry of Environment and Forest and Ors.

MANU/SC/0396/2013

Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Central Empowered Committee (CEC) had objected to grant of clearance sought by Parent Company/Vedanta from Respondent/Ministry of Environment and Forests (MOEF) on ground that Refinery would be totally dependent on Bauxite Mining. Hence, this Writ Petition was filed, Whether Respondent was justified in making decision on application forest clearance for Bauxite Mining for Refinery project. It held that 2006 Act has been enacted conferring powers on Gram Sabha constituted under Act to protect community resources, individual rights, cultural and religious rights. Further, Act also states that recognized rights of forest dwelling STs and other TFDs include responsibilities and authority for sustainable use, conservation of bio-diversity and maintenance of ecological balance and thereby strengthening conservation regime of forests while ensuring livelihood and food security of forest dwelling STs and other TFDs. Furthermore, forest rights on ancestral lands and their habitat were not adequately recognized in consolidation of State forests during colonial period as well as in independent India resulting in historical injustice to them who were integral to very survival and sustainability of forest ecosystem. Moreover, Section 6 of 2006 Act confers powers on Gram Sabha to determine nature and extent of “individual” or “community rights”. However, said matter had not been placed before Gram Sabha for their active consideration but only individual claims and community claims received from Rayagada and Kalahandi Districts most of which Gram Sabha had dealt with and settled. Hence, State of Orissa was directed to place these issues before Gram Sabha then Gram Sabha should communicate its finding to Respondent on basis of which it should take a final decision on grant of stage II clearance for Bauxite Mining project. Writ Petition disposed off Ratio Decidendi Whenever any Act protects a wide range of rights of forest dwellers and STs including customary rights to use forest land as a community forest resource and not restricted merely to property rights or to areas of habitation, then that should be taken into a consideration.