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Legal Review by
Edited by
Updated by
Published on
November 5, 2020
May 17, 2022
Edited on
November 5, 2020
The Kodingamali Bauxite Mining Project was started in February 2018 by the Odisha Mining Corporation (OMC) in Koraput district. The Kodingamali mines are part of the Kodingamali Reserve Forests, comprising 12 protected forests and six reserved forest areas in the buffer zone of the mining operations. The project received the environmental clearance on May 28, 2008,** **for an area of 447.27 hectares. The Stage II forest clearance was obtained on September 25, 2017, for 434.935 hectares. OMC signed a Memorandum of Understanding in 2004 with Vedanta to supply 70 per cent of the bauxite from the mines to the latter for its controversial aluminium refinery in Kalahandi district. A mining contractor, Mythri Infra, was hired by the OMC for excavation and mining. OMC had initially planned to supply bauxite to Vedanta from the Niyamgiri mines, but when that project was rejected, OMC considered bauxite supply from Kodingamali. Tribal communities in Kodingamali village have protested against the mining operations, highlighting issues of irregularities in the forest clearance, inadequate livelihood opportunities and water and air pollution in the area from mining operations. The area falls under Schedule V of the Panchayats (Extension to Scheduled Areas) Act, or PESA. The tribespeople allege that the provisions of PESA were not followed nor was their consent taken while granting forest clearance to the project. The mining is not happening as per laws. The authorities are running the mine in an illegal manner. They should have conducted public hearings before opening the mine, but these processes were not conducted. They have established their monopoly here. We have waited for two years now, but no development has happened that was promised to us. We just want this mine to be shut and trees to be planted in its place, Akhil Chandra Jhatia, a protestor, told a local news channel. In April 2018, five forest dwellers were arrested for allegedly torching a tipper of the OMC, following which mining was halted for some time. In August, Pradeep Kumar Bagh, president of the Kodingamali Suraksha Manch, filed a public interest litigation (PIL) at the Orissa High Court to stop the excavation and transportation of minerals. However, this was withdrawn by the petitioner with a request to file again as the court said that OMC and Vedanta should have been made parties in the PIL. In November, some villagers filed a complaint with the Odisha State Pollution Control Board on effluents being discharged into the agricultural fields from the mines. This was followed by a complaint to the District Collector. In September 2019, residents of 24 villages, including Kodingamali, protested against Vedanta in Koraput, demanding fresh hearings with the village assembly for the mining project. The agitation ended after the district administration assured the protesters that the procedure will be started afresh. In December the same year, the Orissa High Court ordered the secretary of the State Mines Department to look into the matter and to stop illegal mining at the Kodingamali mines in Laxmipur area of Koraput. In November 2020, a public hearing was held for expansion of the mining area.
Complaint against procedural violations
Opposition against environmental degradation
Refusal to give up land for the project
Demand for livelihood opportunities, demand for scrapping of mining operations
Rural
Common
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):
₹
42.48
Type of investment:
Cost of Project
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
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
Non-implementation/violation of FRA
Non-implmentation/violation of PESA
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Orissa High Court
Case Number
WP(C) No. 8665 of 2018, WP(C) 14541 OF 2018
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
Reported Details of the Violation:
Laxmipur Police arrested 42 members of the Kodingamali Suraksha Manch when they participated in a protest demanding compensation to the Kodingamali mine evacuees and jobs to unemployed local youths.
Date of Violation
March 13, 2020
Location of Violation
Kansariguda square, Koraput
Nature of Protest
Protests/marches
Property damage/arson
Government Departments Involved in the Conflict:
PSUs Involved in the Conflict:
Odisha Mining Corporation Limited
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
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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