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Legal Review by
Edited by
Updated by
Published on
January 26, 2017
May 17, 2022
Edited on
January 26, 2017
The government of Odisha granted a mining lease to the AdityaBirlagroupowned Hindalco, the aluminum manufacturing company in the Mali Parbat in 2003. The project is spread over 268 acres near Dolitoamba, about 20 km from Semiliguda in south Odisha's Koraput district. The company obtained the lease for 20 years with mining capacity of 6 lakh tonnes Bauxite per annum. Around 44 villages under the Sorishapodar, Hundi, Dalaiguda and Pakhajhola panchayats in Similiguda block would be affected by the mining. In the year 2003, the tribals organised themselves and formed a coalition to oppose the mining. Villagers claimed that as the mining site falls in the areas listed under the Fifth Schedule to the Constitution, the mining company would require the consent of the Gram Sabhas (village assemblies) for the diversion of land. In such areas, Gram Sabhas enjoy special privileges to protect the rights of tribals as per the Panchayat Raj Extension to Schedule Areas (PESA) Act, 1996. The legal requirement has been affirmed by the Forest Rights Act of 2006 and by the Supreme Court in its judgment in the Niyamagiri Hills mining case in 2013. Environmentalist and villagers claimed that the water sources in the area, used by villagers for irrigation to raise their vegetables, will disappear if bauxite mining continued. They feared It will force them to move away from their ancestral land and look out for other livelihood option. There are 32 perennial streams and four canals that emerge from this hill. Nearly 2,500 families living in 44 villages rely on this water for irrigation of their fields. The mine stopped operation in 2010 due to the stiff opposition from the locals. Though bauxite excavation resumed for a brief period in 2012, it had to be halted as protesters opposed transportation of the mineral. On January 10, 2014, more than one thousand people from 44 villages staged a Dharna to protest against the mining activities. The administration reacted by imposing Section 144 (preventing assembly of more than three people at a notified place) of CRPC in the area. During the conflict, many activists faced the wrath of the police, administration, and local goons. Many have been implicated in false cases. However, the coalition of tribals is resolute that they will not let the mining start in the region. On January 18, 2017, over 4000 adivasis organised a rally to continue their opposition against mining. In 2021, Pradeep Kumar Nayak, Deputy Director, Mines at Koraput informed LCW that mining activity has been halted due to lack of statutory clearances and pollution clearance certificates.
Demand for legal recognition of land rights
Demand to retain/protect access to common land/resources
Opposition against environmental degradation
Complaint against procedural violations
Rural
Common
Forest and Non-Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
24
Type of investment:
Cost of Project
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Central/State Government Policy, Environmental Laws, Forest and Scheduled Area Governance Laws, Other
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of free prior informed consent
Violation of environmental laws
Non-implementation/violation of FRA
Non-implmentation/violation of PESA
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
The villagers allege that the police has foisted around 400 false cases against innocent people. Minimum 8-25 cases have been registered against each peaceful protester. It’s hard for the villagers to go to the market to sell their produce. False cases have been filed against 14 people alleging their linkages with the Maoists. These people are yet to get the bail.
Date of Violation
Location of Violation
Nature of Protest
Blockades
Campaigns (grassroots organisations/press releases/media)
Development of a network or collective
Protests/marches
Government Departments Involved in the Conflict:
Government of Odisha
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
The Aditya Birla Group-owned Hindalco, the aluminum manufacturing company
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Lok Shakti Abhiyan, Mali Parvata Surakhya Samiti (MPSS)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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