Vedanta -NGT

SC notice to Orissa, Sterlite on Niyamgiri mining-Vedanta –sterlite 21-04-2011

The Supreme Court on Thursday issued notices to Orissa government, the Ministry of Environment and Forestry (MoEF) and the UK-based Vedanta’s Indian arm Sterlite Industries on a petition challenging cancellation of environmental clearance to Niyamgiri Bauxite Mining Project in the state.

The State-run Orissa Mining Corporation has moved the apex court, challenging the Central Government’s decision to reject environmental clearance to Vedanta’s bauxite mining project in Niyamgiri Hills. Earlier, MoEF had given in-principle approval to the project in 2007.

In a major setback to the UK-based Vedanta group, the Environment Ministry had on August 24 last year rejected the clearance to its $ 1.7 billion bauxite mining project proposed in Orissa, citing various violations of forest and environmental laws.

The ministry had refused the next stage forest clearance to the state-owned OMC and Sterlite Bauxite mining project in the Niyamgiri Hills area in Lanjigarh, Kalahandi and Rayagadha districts, accepting the Forest Advisory Committee (FAC) recommendation for withdrawal of the forest and environment clearance.

The environment ministry is slated to inform the newly set up National Green Tribunal (NGT) of this decision in the on-going case on July 21..

The environment ministry accords two types of clearances – one for diversion of forest land and another, an environment clearance. But the two processes have been linked only recently.

National Green Tribunal Act (NGT) was established in 2010, under India's constitutional provision of Article 21, which assures the citizens of India, the right to a healthy environment under Article 2 of the Charter of Fundamental Rights of the European Union, which affirms the right to life.

• The tribunal itself, is a special fast-track court to handle the expeditious disposal of the cases pertaining to environmental issues.
•  its Chairperson, Justice Lokeshwar Singh Panta taking charge of his office here. The legislate Act of Parliament defines the National Green Tribunal Act, 2010 as follows,
• An Act to provide for the establishment of a National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.^[1]

1.     The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts.

2.     The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.

3.     The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same.

4.     Initially, the NGT is proposed to be set up at five places of sittings and will follow circuit procedure for making itself more accessible. New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other 4 place of sitting of the Tribunal.^[2]

[edit] Origin

During the Rio De Janeiro summit of United Nations Conference on Environment and Development in June 1992, India vowed the participating states to provide judicial and administrative remedies for the victims of the pollutants and other environmental damage.

There lies many reasons behind the setting up of this tribunal. After India's move with Carbon credits, such tribunal may play a vital role in ensuring the control of emissions and maintaining the desired levels. This is the first body of its kind that is required by its parent statute to apply the "polluter pays" principle and the principle of sustainable development.