The Odisha government has decided to go ahead with its previous decision to hold gram sabhas in 12 villages on the Niyamgiri hill slopes in Rayagada and Kalahandi districts to decide the fate of bauxite extraction from the ecologically sensitive hills.
The state government stuck to its decision after the advocate general (AG) advised accordingly, in concurrence with the views given earlier by the law department.
“The AG, after an interpretation of the Supreme Court order dated April 18, has advised us to hold the gram sabhas in 12 villages. He has advised us to intimate the decision to the Union ministry of tribal affairs (MoTA) which would be done by Monday. If MoTA needs any further clarification, they can approach the apex court,” said a top government official.
Asked if the state government would seek more time from the apex court to complete gram sabha proceedings, he said, “There is no need to ask for additional time as we would be completing the gram sabha proceedings in the stipulated time. We got a certified copy of the apex court order on June 1 and decision making by the gram sabhas would be completed by the end of August. The gram sabha proceedings would then be sent to the Union ministry of environment & forests through the state forest & environment department.”
The gram sabhas would be held in seven villages of Rayagada district and five villages in Kalahandi district.
The village assembly meetings beginning at Serajpadhi village in Rayagada district on July 18 would stretch up to August 19 at Jorapa village in the same district.
“Notices have been issued to sarpanches of all 12 villages to start gram sabha proceedings,” said state minister for Schedule Castes & Scheduled Tribes development, Lal Bihari Himirika.
In Rayagada district, the gram sabhas are slated to be held at Serajpadhi, Keskapadhi, Batodi, Khambasi, Jorapa, Lamba and Lakhpadar. Similarly, the villages identified for gram sabhas in Kalahandi district include Tadijhola, Palbari, Phuldeemer, Jurpa and Kunakada.
“The list of villages where rights of forest dwellers are guaranteed under the Forest Rights Act or where cultural and religious rights are likely to be affected, cannot be arbitrarily decided by the state government. It is to be decided by the people (palli sabha) where claims would be filed through a transparent manner so that no genuine gram sabha, which has a legitimate claim, is left out of the process. This is in line with para 59 of the apex court judgement,” Vibha Puri Das, secretary, MoTA had written to the Odisha chief secretary recently.
Union tribal affairs minister V Kishore Chandra Deo also objected to limiting gram sabhas to only 12 villages pointing out the spiritual and emotional bonding to Niyamgiri of Dongaria Kondhs is not limited to only these 12 villages.
The minister had written to Odisha Governor S C Jamir, stressing on safeguarding the constitutional protection guaranteed to the tribals and inhabitants of Rayagada and Kalahandi districts which are located in Schedule V areas.
