Social activist decries mining attempt in scheduled area
Mining in Nimmalapadu village, a scheduled area is in violation of Samata judgement and PESA Act, says E A S Sarma
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Visakhapatnam: Former IAS officer and social activist E A S Sarma on Friday sought halt to unauthorised mining in Nimmalapadu village in Ananthagiri mandal of Alluri Sitarama Raju district-a scheduled area in violation of Samata judgement and PESA Act.
In a representation to Chief Secretary (Industries) Karikal Valaven, he said AP Pollution Control Board has scheduled a public hearing for APMDC undertaking cluster mining over 24 hectares Survey No. 35/P of Nimmalapadu village on April 19.
He referred to an earlier letter dated June 4, 2016 on the subject and stated that Nimmalapadu is a part of the scheduled area of the ASR District. As such, the provisions of the PESA get attracted. Unless the local gram sabhas have discussed this proposal in detail and passed resolutions, the proposal is prima facie illegal.
He stated that his earlier letters cautioned the government about illegal mining going on in and around Nimmalapadu. Instead of acting against the errant miners, APMDC, with active support from the government, seems to have colluded with them and given illegal mining a legal semblance.
Sarma said the State government should know that the Supreme Court had with specific relevance to Nummalapadu, pronounced an order, which in effect would prohibit any private agency to mine in the scheduled villages, whether as lessees or as contractors of APMDC. Therefore, it is illegal for APMDC to undertake mining there, involving private agencies, in whatever capacity they may be involved, he remarked.
Also, the provisions of the Forest Rights Act are applicable to these areas, where the tribals are entitled to both individual and community pattas. This position was reaffirmed by the Supreme Court in the bauxite mining case of Odisha.