Odisha
Dumerpadara, Katibhata, Kutamal, Pelanakona, Aliguna, Bundel, Shagabari, Tijmali, Chulbadi, Ambajhola, Mahajal, Nakarundi, Taramundi, Uparambpadar, Salebali, Tadadei, Talambpadar; Thuamal Rampur block in Kalahandi District and Kashipur block in Raygada District
,
Malipadar
,
Kalahandi and Rayagada
Published :
Dec 2024
|
Updated :
October 19, 2024
Villagers oppose Vedanta bauxite mine in Odisha's Sijimali Hills
Reported by
Aishwarya Mohanty
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
1026
Households affected
4925
People affected
2023
Year started
1549
ha.
Land area affected
1026
Households affected
4925
People Affected
2023
Year started
1549
Land area affected
Key Insights
Sector
Mining
Reason/Cause of conflict
Bauxite Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Mining
Reason/Cause of conflict
Bauxite Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In February 2023, Vedanta was declared the preferred bidder for the Sijimali bauxite block in Rayagada and Kalahandi districts of Odisha. The Sijimali hills, where the bauxite block is being planned, is considered sacred by indigenous communities residing in and around the hills. The land required for mining includes a significant portion of forest land, on which the communities depend on for their livelihoods. The communities have opposed the mining project in the area.

"We take our cows for grazing on the hill. The forests provide us our daily food, wood, other minor produce that we sell and even medicine for use. That apart, these hills are revered by us, they are our God. How can we just let any company come and uproot us and destroy our everything?" asked Hiramal Majhi, a native of Shagabari village.

Over the past year, Mhythri Infrastructure, which has been awarded the contract for mining at the Sijimali bauxite block in Odisha, has faced significant protests. The opposition has led to altercations, whereby local leaders were detained, leading to further discontentment amongst the community.

The villagers have alleged that the public hearings held so far were forcibly done with police coercion and that no villager has agreed to give away any piece of land from the hill.

"There has not been prior consultation with the villagers before the hills were leased out. There is a dense population of Indigenous community here and as per law, under the Panchayat Extension to the Scheduled Areas Act, 1996 (PESA) and the Scheduled Tribes and Other Traditional Forest Dwellers Recognition of Forest Rights Act, 2006 (FRA), private mining in Schedule V areas cannot be allowed without prior discussion and consent by the Gram Sabhas. All of these statutory requirements were ignored," said Lingraj Azad, leader, Niyamgiri Suraksha Samiti.

The villagers have also alleged that the Environment Impact Assessment report, which was made public in September 2023, undercounts the number of water sources which will be impacted due to the mining project, apart from overlooking the cultural significance of the hill as the sacred abode of their deity Tijimali.

Four villages in the Niyamgiri foothills boycotted the Lok Sabha elections 2024 over police actions and mining projects.

The mining project is yet to take off as company awaits environment clearance.

LCW reached out to Vedanta for a comment but received no response.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Refusal to give up land for the project

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Forest and Non-Forest

What was the action taken by the police?

Detention

How many people did the police detain or arrest?

24

What is the current status of the detained/accused persons?

Out on bail

Did the person face any violence while in police custody?

No

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Yes, they were produced within 24 hours

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

IPC

147, 148, 341, 323, 324, 307, 364, 294, 506, 353, 332, 427, 149

Criminal Law (Amendment) Act, 1932 & Arms Act , 1959

Sections 7 and 25

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

Yes they were informed, Yes they had access

In cases where the accused person approached the court for bail, was bail granted?

Yes

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

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Other environmental services, Water bodies

Whether the project was stalled due to land conflict

No

Source/Reference

Total investment involved (in Crores):

792

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

4

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

District Administration, District Police

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:

Vedanta, Mythri Infrastructure and Mining India Pvt Ltd.

Did LCW Approach Corporate Parties for Comments?

Yes

Communities/Local Organisations in the Conflict:

Niyamgiri Suraksha Samiti which includes villagers from all the villages

5
Information on the use of criminal law

What was the action taken by the police?

Detention

How many people did the police detain or arrest?

24

What is the current status of the detained/accused persons?

Out on bail

Did the person face any violence while in police custody?

No

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Yes, they were produced within 24 hours

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

IPC

147, 148, 341, 323, 324, 307, 364, 294, 506, 353, 332, 427, 149

Criminal Law (Amendment) Act, 1932 & Arms Act , 1959

Sections 7 and 25

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

Yes they were informed, Yes they had access

In cases where the accused person approached the court for bail, was bail granted?

Yes

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?

Legal Supporting Documents

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Author
Reported by
Aishwarya Mohanty

Aishwarya is a journalist and researcher based out of Bhubaneswar, Odisha. She reports on gender, social justice and environment.


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Fact sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Refusal to give up land for the project

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Yes, they were produced within 24 hours

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

Yes they were informed, Yes they had access

In cases where the accused person approached the court for bail, was bail granted?

Yes

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?

Status of Project

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Other environmental services, Water bodies

Whether the project was stalled due to land conflict

No

Source/Reference

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