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LATEST NEWS UPDATES | 'Only MoEF can take a final call on Vedanta mining rights in Niyamgiri hills'

'Only MoEF can take a final call on Vedanta mining rights in Niyamgiri hills'

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published Published on Jul 2, 2011   modified Modified on Jul 2, 2011

-The Times of India

 

The Union ministry of environment and forests (MoEF) has said it alone can take the final call on whether Vedanta can mine bauxite deposits in the Niyamgiri hills, asserting that it has the power to turn down the recommendation of the ministry's statutory Environment Appraisal Committee (EAC).

Reacting to the report in TOI on Saturday about the EAC's go-ahead to Vedanta to start mining the bauxite deposit inside the reserve forest, a statement issued by the office of environment minister Jairam Ramesh pointed out to the rules that vest him with the power to overrule the EAC.

"The MoEF relies on recommendations and advice of the Expert Appraisal Committee, but it is not bound by these," the statement stressed. "The final decision continues to vest with the MoEF," it added.

The press release also tried to downplay the EAC clearance, saying the issue of giving environment clearance to the mining project has become "practically redundant" because of ministry's "outright" rejection of Vedanta's plea for forest clearance." The ministry recalled that it had by an earlier order rendered the green clearance for Vedanta Aluminum Limited "inoperable". "There is no change in this status quo. It continues to remain inoperable," the ministry emphasized.

The EAC clearance for Vedanta came days ahead of the case is to be heard in the National Green Tribunal on July 7.

"What the EAC has done is to submit its recommendation to the ministry. At present, the ministry is in the process of examining these recommendations and will submit its stand/decision to the National Green Tribunal," the press release said.

Sources said the MoEF is likely to ask the tribunal to defer the case, and seek more time to take a final call on it.

The regulations do allow the minister to overrule the appraisal committee and reject clearance to Vedanta, although not immediately as in the case of the Forest Advisory Committee that advises on forest clearances. He has to send the file back to the EAC, seeking a reconsideration of its decision.

Last August, the MoEF had rejected the forest clearance for mining. However, it had to ask the appraisal committee to take a fresh look after the National Environment Appellate Authority asked it to re-examine the green clearance on the basis of Vedanta's plea.

The ministry's appraisal committee set up yet another five-member panel to revisit the case. The sub-committee has backed the project while incorporating three additional conditions.

Vedanta has petitioned to the appellate authority against its order of suspension and review of environmental clearance where the ministry will now have to present its case.

The apex court is also hearing another plea by Vedanta against the cancellation of forest clearance by Ramesh.

The Times of India, 3 July, 2011, http://timesofindia.indiatimes.com/india/Only-MoEF-can-take-a-final-call-on-Vedanta-mining-rights-in-Niyamgiri-hills/articleshow/9081938.cms


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