Tribals oppose APMDC bid to allot calcite mining lease

Visakhapatnam: THE recent initiative taken by Andhra Pradesh Mineral Development Corporation (APMDC) to grant calcite mining lease in 8.725 hectares in the scheduled areas of Visakhapatnam has been strongly opposed by tribal and mining activists.

APMDC has already issued an e-tender for "working of calcite mining lease of 8.725 hectares in Nimmalapadu village in Anantagiri mandal of Visakhapatnam on raising-cum-contract basis as per a public notification issued sometime ago.

A mining lease undertaken by Birla Periclase Limited in 1997, which was challenged in the Supreme Court by Samata, an NGO fighting for tribal rights, had led to the landmark judgement which stated that only the State or its instrumentalities or the tribes themselves forming into a cooperative society have the right to undertake mining in scheduled areas. The ruling is known in various circles as Samata judgement.

"The present e-tender violates PESA (Panchayat Extension in Scheduled Areas Act) and Forest Rights Act (1996) of 2006," Chompi Prasad, president of Sri Abhaya Girijana Mutually Aided Labour Contract Cooperative Society Ltd, told Bizz Buzz on Friday.

Prasad, who hails from Karakavalasa village said if required they would be constrained to approach the judiciary to rescind the notification.

He said after the Samata judgement, the lease of Birla Periclase was transferred to APMDC, who instead of following the Supreme Court ruling, gave two tribal individuals and one lease to Durga Sandstone MAC Society. For 10 years the tribal communities of the three villages started their own society supported by the grama sabha-Abhaya Society and have been demanding that as the lands belong to them, they should be given the lease.

"The APMDC has turned a deaf ear to representations to give the leases to tribal societies due to reasons best known to it. Benami tribal persons had been given lease to circumvent the apex court judgement," bemoaned Samata executive director Rebbapragada Ravi.

He said Samata demands that the e-tender be withdrawn and the local tribal society be given the said lease failing which APMDC might face several complications.

Meanwhile, social activist and former IAS officer EAS Sarma expressed shock over the decision of APMDC to unilaterally issue a notification in gross violation of the provisions of the PESA and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA) which are applicable to the Nimmalapadu village, which lies within the notified scheduled Area of Visakhapatnam.

In a letter to Chief Secretary Adityanath Das, he said in the scheduled areas, as per the provisions of PESA, the question whether any mineral should be extracted and, if so, by whom should be discussed first by the local adivasi gram sabha.

"Such a prior discussion had not apparently taken place. Under FRA, it is necessary that the individual and community rights to the land and the forest resources should be similarly be subject to prior discussion by the local adivasi gram sabha, which process appears to have been bypassed. As such, the e-tender notice is patently illegal and liable to be set aside," he contended.

He also cited how the Supreme Court nullified the decision taken by Odisha Government to undertake bauxite mining in Niyamgiri hills by Vedanta to source raw material for the alumina refinery in parts of Rayagada and Kalahandi districts following unanimous resolutions adopted at gram sabhas held under the supervision of a judge appointed by the apex court.