Long before they gained currency as the real-life counterparts of the Na'vis portrayed by Hollywood blockbuster "Avatar", the author of the Vedanta verdict — Justice S H Kapadia — had made clear about how he saw the Dongaria Kondhs, who are officially classified as "primitive tribal group". Kapadia, now chief justice of India, described this tribe from Orissa as a people "living on grass". His unflattering, almost dismissive description came...

A letter written by the Attorney General to environment and forest minister Jairam Ramesh proves that the SC had never granted forest clearance for the Vedanta project on its own nor did it restrict the ministry's role on the issue. The letter is in contrast to the allegations made by Orissa government and BJD leaders that the SC had granted forest clearance to the project and that the Centre's decision...

The four-member panel, which holds the fate of Vedanta's bauxite mining project in the Niyamgiri Hills of Orissa, has been given an expanded mandate. The committee has now been given the job of investigating the “likely physical and economic displacement due to the project, including the resource displacement of forest users and the rehabilitation plan.” Open-ended course It has also been given an open-ended mandate, with permission to “inquire into or investigate any...

Vedanta’s plans to source bauxite from Niyamgiri hills in Kalahandi district of Orissa appear to have run into trouble with the Attorney General opining that the ministry of environment has the powers to stop diversion of forest land till rights of tribals under the Forest Rights Act are settled. After the environment ministry kept on hold clearance for the Vedanta project, questions were raised on the mandate of the department...

Petitioners contemplating PILs against ongoing projects on environment grounds might want to do a rethink. The government's new litigation policy calls for petitioners to be slapped with costs for stoppage of projects that are in public interest. This approach is a prominent part of the National Litigation Policy (NLP) announced recently by law minister Veerappa Moily and is a response to PILs that lack merit. Though a majority of PILs...