Tribal people seek cancellation of e-tender notification issued for calcite mining
The Hindu | June 01, 2021
‘No resolution was passed on the issue in grama sabha’
The tribal people of Nimmalapadu, Karakavalasa and Rallagaruvu villages of Anantagiri mandal in the district have appealed the to the Vice-Chairman and Managing Director of AP Mineral Development Corporation (APMDC) to cancel the e-tender notification for calcite mining at Nimmalapadu issued by the APMDC without a resolution by the ‘gram sabha.’
Referring to the e-tender notification issued by the APMDC in a Telugu daily on May 19, 2021, they noted in a memorandum to the VC and MD, that they had been cultivating lands for the past several years on the land proposed to be mined for calcite. They recalled that they had opposed the calcite mining proposal by Birla company in the past by approaching the Supreme Court and sought protection of their lands under the Samata Judgment.
The Samata Judgment clearly states that the right of local resources is vested with the ‘gram sabha’ under the the Panchayats (Extension to Scheduled Areas) Act (PESA Act). Any business done in the Agency areas, should have prior approval of the ‘gram sabha’, failing which it would be considered a violation of the Constitution. As calcite is a mineral, mining should invariably have the approval of the ‘gram sabha.’
They noted that neither a ‘gram sabha’ was held on the issue nor a resolution passed in this regard. The Fifth Schedule of the Constitution says that tribal people alone would have the right over local resources. When that was the case, they wondered as to how the APMDC could issue the e-tender notification that too during the COVID-19 crisis and the curfew imposed by the government.