Saxena panel's findings

The final nails on Vedanta coffin were hammered by a four-member committee, set up by the union environment ministry, to probe the violations of the Environment Protection Act, Forest Conservation Act and Forest Rights Act by Vedanta. Headed by former bureaucrat N C Saxena – a member of Sonia Gandhi-led National Advisory Committee – the panel made a damning indictment of not only Vedanta company but also Orissa officials, who, it claimed, were equal partners in crime. It recommended to the ministry withdrawal of clearance. Here are the key recommendations:

*The mining lease area is intimately linked, by way of economic, religious and cultural ties, to 28 Kondh villages with a total population of 5,148 persons. The affected include1,453 Dongaria Kondh tribals, who constitute 20 per cent of the tribe's total population.

*  Since the Dongaria and Kutia Kondh (notified tribes) are heavily dependent on forest produce for their livelihood, the forest cover loss will cause a significant decline in their economic wellbeing. Also mining will destroy one of their most sacred sites.

*  The provisions of the Forest Rights (FR) Act have not been followed by the state and the legitimate and well established rights of the Kondh primitive tribe groups have been deliberately disregarded.

*  The Orissa government is not likely to implement the FR Act in a fair and impartial manner in the lease area. Since it has gone to the extent of forwarding false certificates and may do  so again, the ministry would be well advised not to accept the contentions of the Orissa government without verification.

*  The collusion between officials and company is clear in the refinery where 26.123 ha of forest land was brought inside the factory without the necessary approvals. Also the plant's capacity has been augmented without permission.

*   Mining operations would severely disturb this important wildlife habitat. The value of Niyamgiri hill forests as an important elephant habitat is well recognised by its inclusion in the South Orissa Elephant Reserve.

* Mining involves stripping off more than 7 sq km of the Niyamgiri hilltop which would drastically alter the region’s water supply.