In December 2010, the state government of Andhra Pradesh granted a 14-year permit to a businessman from a tribal community near Nathavaram mandal, to mine laterite. Laterite is used for manufacturing cement. The project proponent plans to extract one million tonnes of laterite annually from 121 hectares.
There are 16 villages in and around Nathavaram mandal where the mining has been proposed. It is home to about 4,000 families belonging to Kondadura and Bhagata tribal communities. The local population including tribal have opposed laterite mining in these areas stating that it would threaten their livelihoods and the existence of caves in the area which house their deities including the Gangalamma Thalli and Jagaramma Devatha temples. “If mining is started, we will lose everything, our crops, water and livelihood,” says Gangaraju, president of Giriputra Welfare Association, a group working for the welfare of the tribes in the region. Villagers grow pulses, mangoes and cashew nuts.
Former Commissioner for Tribal Welfare, E A S Sarma says, there have been many irregularities in granting mining leases. The quality of the Environment Impact Assessment reports has also been questioned. It is alleged that they are inconsistent, have serious factual errors, misrepresent facts- like there is no forest or tree cover or natural drainage channels- and fail to mention that the mining lease will be granted over a Schedule 5 area. Furthermore, locals contend that the businessman given mining lease is a non-tribal man. Under the Andhra Pradesh Scheduled Area Land Transfer Regulation Act of 1959, tribal land cannot be transferred to non-tribal in notified areas. The tribal argue that the projects are benami projects, which means, that some tribal people are manipulated in giving their name as miners while the land is used by non-tribals.
Environmental rights activist K Rajendra said, that it is common practice in the region to take permission for laterite mining, but instead indulge in bauxite mining. Pawan Kalyan, who visited Vanthada village in November 2018, alleged that a company was indulging in excessive mining and that as many as 15,000 metric tonnes of bauxite was exploited in the guise of laterite by flouting all the norms. Noted environmental activist and former union government secretary EAS Sarma says, “No mining should be carried out on the top of the hill as per environmental protection laws. The Indian Bureau of Mines (IBM) has defined laterite with more than 30% aluminum as bauxite, which means that it can be mined only by the Andhra Pradesh Mineral Development Corporation (APMDC).” In June 2019, the Andhra Pradesh CM scrapped Government Order No. 97 which allowed AP Mineral Development corporation to mine bauxite ore. This decision was welcomed by activists, environmentalists and communities.
Demand/Contention of the Affected Community
Demand to retain/protect access to common land/resources
Opposition against environmental degradation
Refusal to give up land for the project
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Common
Forest and Non-Forest, Non-Forest (Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
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
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of free prior informed consent
Non-implementation/violation of PESA
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Andhra Pradesh
Case Number
Writ Petition No. 30956 of 2016
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Tribal Communities
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
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
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
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?
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