Niyamgiri Hearing, 9th May 2008

Dear friends,

I.A. NO. 2134 OF 2007 filed by M/s Sterlite Industries (India) Ltd (SIIL) regarding the mining in Niyamgiri Hills, Orissa came up for hearing today (9th May 2008). This following the Order of the Supreme Court on 23.11.2007 disallowing Vedanta Alumina Ltd to carry out mining in Niyamgiri Hills but giving the option to SIIL to do the same, under certain conditions. SIIL had submitted its affidavit and the Central Empowered Committee (CEC) had submitted its report on the same on 23.4.2008.

Shri A.D.N.Rao, the newly appointed Amicus Curiae highlighted the current status of the case and the CEC report. Shri Rajeev Dhawan, Shri Venugopal and Shri J.K. Das were the counsels who appeared for Orissa Mining Corporation (OMC), SIIL and the State of Orissa respectively. The counsels strongly apposed the recommendations in the CEC report, especially the observation in the same on what the framework (different from the SC order) of the Special Purpose Vehicle (SPV) should be. The Supreme Court bench took a view that they were presently not concerned with the CEC report on the IA, but on the main order passed on 23.11.2007 which had suggested that the a SPV will be floated by State government of Orissa, OMC and SIIL for the purpose of mining in Niyamgiri hills. The court wanted to know whether the State of Orissa and OMC were in principle in agreement to the same and also about following up with modalities of the functioning of the SPV and its registration. The two agencies had given their consent through a letter but the Supreme Court asked for it in proper format within a week.

The matter is now listed for hearing on next Friday, i.e.16th May 2008.

Regards
Kanchi
(with inputs from Priyabrat Sathapathy, Advocate)