To
Shri Mohan Charan Majhi
Chief Minister
Odisha
Dear Shri Majhi,
I wish to compliment the Odisha State Pollution Control Board (OSPCB) for imposing an environmental penalty of ₹71.16 crore on a Vedanta company for unauthorisedly dumping 7 lakh tonnes of fly ash at various places in Jharsuguda, Sambalpur and Sundargarh districts.
Fly ash from indigenous/ imported coal is highly toxic, as it contains life-endangering pollutants like arsenic, cadmium, mercury, lead and even radioactive isotopes of Uranium/ Thorium. While OSPCB has proceeded appropriately, unauthorised dumping of such toxic substances that adversely impact the health of the people is punishable under Chapter XV of the IPC (or the Bharatiya Nyaya Samhitha as applicable). Therefore, in my view, the Odisha government should initiate prosecution proceedings against the company and also, simultaneously, commission a comprehensive health survey of the residents of the areas where the company has dumped fly-ash. The government should recover the costs from the company with a deterrent penalty.
I wish to point out that this is not the first time that the Vedanta Group has violated the environment laws, as the NGT had imposed a fine in 2022 on the same group for violating environmental norms in running its
Lanjigarh plant in Odisha’s Kalahandi district (https://www.business-standard.com/article/current-affairs/ngt-slaps-rs-25-cr-fine-on-vedanta-s-odisha-plant-for-green-violations-122050600441_1.html).
It is in public knowledge how one Vedanta company not only caused serious pollution all around its Tuticorin copper smelting plant in Tamil Nadu but was also responsible for repressive action against innocent people. The apex court has directed stringent action to be taken against that company, including the closure of its plant.
I further wish to bring to your notice that your predecessors allotted to the Vedanta Group, the Sijimali bauxite mine located across Thuamul–Rampur tehsil of Kalahandi district and Kashipur tehsil of Rayagada district, which are located within the areas notified under the Fifth Schedule to the Constitution, in violation of the provisions of the Panchayat (Extension to the Scheduled Areas) Act, 1996 [PESA] and the Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 [FRA]. Such a mine allotment also ignored the judgement dated 18-4-2013 pronounced by the apex court in Orissa Mining Corporation Ltd vs Ministry Of Environment & Forest & Others.
In the Scheduled Areas of Odisha, the restrictive provisions of the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956 are also applicable. As directed by the apex court in the well-known Samatha case, any alienation of land and its mineral resources to a private company in a Scheduled Area is prima facie illegal. All mineral block allotments made so far in the Scheduled Areas of Odisha should therefore be treated as illegal.
You are aware of how the previous government also tried to abridge the ambit of the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956 to benefit private mining companies at the cost of the local tribal communities.
The Vedanta companies are not the only private companies in Odisha that benefited from illegal mine block allocations, displaced the local communities and polluted their surroundings. There are several other private companies that received such a largesse and have adversely affected the lives of the people.
While mineral development in a State may yield some very limited employment opportunities for the local people and revenue for the government, its larger social costs are far more, which no responsible government can afford to ignore.
I hope that your government continues to deal firmly with all those private companies and uphold the public interest.
Regards,
Yours sincerely,
E A S Sarma
Former Secretary to the Government of India
Visakhapatnam
