LexORISSA MINING CORPORATION versus MINISTRY OF ENVIRONMENT & FOREST & OTHERS
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[2013) 6 S.C.R. 881 ORISSA MINING CORPORATION v. MINISTRY OF ENVIRONMENT & FOREST & OTHERS (Writ Petition (Civil) No. 180 of 2011) APRIL 18, 2013 [AFTAB ALAM, K.S. RADHAKRISHNAN AND RANJAN GOGOi, JJ.] A B Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - Primitive Tribal C Groups - Specific protections extended to their "habitat and habitations" - Bauxite Mining Project (BMP) - Ministry of Environment and Forests (MOEF) rejecting Stage-II forest clearance for diversion of 660. 7 49 hectares of forest land for mining of bauxite ore in Lanjigarh Bauxite Mines in Kalahandi D and Rayagada Districts of Orissa - Alleged violation of the rights of the Scheduled Tribes (STs) and the "Traditional Forest Dwellers" (TFDs) - Held: STs and other TFDs have a vital role to play in the environmental management and development because of their knowledge and traditional E practices - The State has a duty to recognize and duly support their identity, culture and interest so that they can effectively participate in achieving sustainable development - STs and other TFDs residing in the Scheduled Areas have a right to maintain their distinctive spiritual relationship with F their traditionally owned or otherwise occupied and used lands - Central role of Gram Sabha in determining the nature and extent of "individua/"/'community rights" of the STs and other TFDs and in safeguarding their customary and religious rights under the Forest Rights Act - In the instant case, question G whether STs and other TFDs, like Dongaria Kondh, Kutia Kandha and others, had any religious rights i.e. rights of worship over the Niyamgiri hills, known as Nimagiri, near Hundaljali, which is the hill top known as Niyam-Raja, to be 881 H 882 SUPREME COURT REPORTS [2013] 6 S.C.R. A considered by the Gram Sabha - Gram Sabha to also examine whether the proposed mining area Niyama Danger, 10 km away from the peak, would in any way affect the abode of Niyam-Raja - Gram Sabha also free to consider all the community, individual as well as cultural and religious claims, B over and above the claims already received from Rayagada and Kalahandi Districts - The State Government as well as the Ministry of Tribal Affairs, Government of India, to assist the Gram Sabha for settling of individual as well as community claims - Gram Sabha to take decision on them within 3 C months and communicate the same to the MOEF, through the State Government - MoEF to then take a final decision on the grant of Stage II clearance for the Bauxite Mining Project in light of the decision of the Gram Sabha within 2 months thereafter - Environmental Law. D Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - Enactment of - Object and purpose - Discussed - Held: The Act is a social welfare or. remedial statute - It intends to protect custom, usage, forms, practices and ceremonies which are appropriate E to the traditional practices of forest dwellers - The 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. F Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - s.6 - Nature and extent of "individua/''!'community rights" of the Scheduled Tribes (STs) and other ''Traditional Forest Dwellers" (TFDs) G and their customary and religious rights - Determination of - Role of Gram Sabha - Discussed - Held: Gram Sabha is the authority to initiate the process for determining the nature and extent of individual or community forest rights or both that may be given to the forest dwelling STs and other TFDs within H the local limits of their jurisdiction - Gram Sabha functioning ORISSA MINING CORPORATION v. MINISTRY OF 883 ENVIRONMENT & FOREST under the Forest Rights Act rlw s.4(d) of PESA Act has an obligation to safeguard and preserve the traditions and customs of the STs and other forest dwellers, their cultural identity, community resources etc., which they have to discharge following the guidelines issued by the Ministry of Tribal Affairs vide its letter dated 12.7.2012 - Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2007 read with the 2012 Amendment Rules - Panchayat (Ext
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