Odisha
,
Pottangi
,
Koraput
Published :
Aug 2017
|
Updated :
November 19, 2024
Villagers protest against grant of Bauxite lease to NALCO in Odisha's Koraput
Reported by
Sandeep Pattnaik
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
5000
People affected
2016
Year started
698
Land area affected
Households affected
5000
People Affected
2016
Year started
698
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

On 12 July 2016, the Odisha government formally granted mining lease in the Seragarh hill of Pottangi block of Koraput district to the PSU National Aluminium Company Limited (NALCO) for a period of 50 years. The bauxite reserve spread over an area of 1,738 hectares would cater to the raw material needs of NALCO's expansion plan of its refinery at Damanjodi in Koraput district with an investment of Rs 5,600 crore.

Thousands of locals from Koraput district under the banner of Serubandha Parvat Surakhaya Samiti protested against the move of the state government to grant the lease in 2015 itself, when the media reports were out. Along with taking out a rally, they submitted a three page memorandum to the Governor through the tehsildar demanding the immediate dissolution of the project. They expressed their serious objection against the proposed mining as this will have an adverse impact on the environment including erosion, the formation of sinkholes, loss of biodiversity, and contamination of soil, ground water and surface water by chemicals, and permanent degradation of the land. Further, they have emphasized that as their area belongs to the Schedule V of the Constitution, the government must organize a Gram Sabha consultation as per the Panchayat Extension to Scheduled Areas Act 1996 and without such consultation, the project stands null and void.

At a Gram Sabha meeting held in June 2019, it was reported that villagers reiterated their opposition for the mining project noting how it will impact the lives of over 5,000 people.

Although several media outlets reported that NALCO, conducted a successful and "smooth" public hearing in the same year, regarding the bauxite mines, with full "support" from the local villagers on 17 December, 2019, a contradictory account of the meeting was published by The New Indian Express on the very same day. The article noted how social activist Pratap Choudhury opposed the mining at the meeting as it would impact agriculture in the area.

As of 2021, the environmental clearance for the project is still pending. Further, in May 2021, the NHRC (National Human Rights Commission)acting on a petition filed by advocate Radhakanta Tripathy, directed the Chief Secretary of Odisha to investigate the grievances of individuals displaced and affected by several projects in the Koraput district, including NALCO. Mr. Tripathy in his petition also called for a re-examination of the MOU signed between NALCO and the Government of Odisha.

Further, in May 2021, the National Human Rights Commission (NHRC) acting on a petition filed by advocate Radhakanta Tripathy, directed the Chief Secretary of Odisha to investigate the grievances of individuals displaced and affected by several projects in the Koraput district, including NALCO. Tripathy, in his petition, also called for a re-examination of the MOU signed between NALCO and the Government of Odisha.

In June 2024, NALCO executed the mining lease deed with the Odisha state government, over an area of 697.979 hectares. Following this, in August, a foundation ceremony (bhumi pujan) was organised by NALCO, which was stalled by agitating villagers. The protesting villagers demanded that the issues around settlement of land acquired should be addressed before the commencement of any project. The ceremony which was scheduled to be attended by Union Minister of State for Mines Satish Chandra Dubey, was eventually called off.

2
Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Opposition against environmental degradation

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?

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?

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

Yes

Significance of Land to Land Owners/Users

Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

5600

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

2021

Why did the conflict end?

Community agreed to alternative offers

Villagers agreed to the mining project on the condition that NALCO would carry out development and conservation works in the project area, and provide them with employment.

4
Additional Information

Government Departments Involved in the Conflict:

Government of Odisha

PSUs Involved in the Conflict:

National Aluminium Company Limited (NALCO)

Did LCW Approach Government Authorities for Comments?

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:

Paroja Tribal Community

5
Information on the use of criminal law

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?

Legal Supporting Documents

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Author
Reported by
Sandeep Pattnaik

Sandeep is a researcher and journalist based in Bhubaneshwar. He was part of the Human Rights Advocacy Programme at the Centre for the Study of Human Rights, Columbia University, New York, in 2007. Currently, he is a member of the steering committee of the International Campaign for the Ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR).

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Fact sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Opposition against environmental degradation

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

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?

Status of Project

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

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