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Cuttack, 6/11/2024 ( Odisha Samachar )- There is widespread resentment among the people, as concerned authorities failed to address environmental issues even after several protests, representations against proposed Mineral Sand Mining in Brahmagiri of Puri district by IREL.Already a tender has been floated by IREL to work out the project against which a public interest litigation is pending adjudication before the Hon’ble High Court of Orissa. In the meantime, IREL has evaluated the financial and technical bid of a single bidder named M/s Goquest Solution Private Limited.
“The severe environmental concerns shall have far-reaching consequences and the Authorities have neither bothered to pay attention to the same, nor any response to the petition was filed before the Hon’ble High Court of Orissa till date. The negligence of the Authorities might cost severe environmental damage which shall be irreparable.” told Mr Bijay Parida , President, Jana Adhikar Parishad. The Authorities cannot justify their conduct in the name of sustainable development, whereas, such development cannot be at the cost of violation of the laws laid down by the Parliament as well as other instrumentalities.
On 06.07.2024, IREL issued an e-tender seeking experienced contractors for a “Rate Contract Bid for Development & Operation of Mineral Sands Mine” in Brahmagiri for 20 years, with an option for a 5-year extension. The current tender was floated after the earlier tender dated 11.01.2024, was cancelled due to lack of participation. The current tender, however, has been floated in violation of legal and environmental regulations, particularly Sections 5 and 11(B) of the Mines and Minerals (Development and Regulation) Act, 1957, which require prior environmental clearances from the Ministry of Environment, Forest and Climate Change (MOEF&CC) before initiating any mining-related tenders. Section 5 of the MMDR Act specifically outlines restrictions on granting mining leases without necessary approvals, which IREL did not obtain before issuing this tender. “This raises significant concerns over the legality of the tendering process, as it bypasses vital environmental safeguards essential for mining operations.” said Parida.
A Public Interest Litigation (PIL) challenging its environmental and legal compliance remains pending before the Hon’ble Odisha High Court. On 11.09.2024, the Hon’ble High Court issued notice in the PIL and granted time for IREL’s counsel, who was on caveat, to file a counter affidavit after seeking proper instruction. However, IREL has failed to file any Counter Affidavit in the matter till date. Despite the ongoing PIL and in absence of any Counter Affidavit, IREL has advanced with the tender process, wherein, only a single bidder submitting its bid, raising concerns about the legality and an attempt to render the PIL infructuous. The outcome of the PIL is yet to be determined. The PIL highlights the broader issue of violations of existing mining laws, irreparable damage which will take place in the ecologically sensitive zones, ecological unsustainability and adverse impact on the local livelihoods, particularly in an area where tourism is a major economic driver.
The 20-25 year project, involving the extraction of valuable beach sand atomic minerals, has been criticized for potentially causing irreparable damage to ecologically sensitive zones, including the Chilika Lake area and Olive Ridley turtle nesting sites. Activists have raised alarms about the project’s lack of proper environmental clearances and violations of existing prevailing mining laws, calling for the tender to be scrapped altogether.
Chilika Lake is one of the largest coastal lagoons in the world and a biodiversity hotspot, and the Olive Ridley turtles, which use the beaches near the mining area under the tender, for nesting, are key ecological features at risk.
The single-bidder situation, coupled with the unresolved legal and environmental questions, further complicates the project’s future. IREL’s decision to move ahead could be seen as an attempt to push the project forward before the Court has had a chance to fully examine the case, raising serious ethical and legal concerns.
Local communities, along with various environmental organizations, have rallied against the project, expressing concerns over its long-term impact on the environment and the economy of the Puri region. They continue to call for greater transparency, stricter adherence to environmental laws, and a halt on any tender-related activities until the Hon’ble High Court delivers its verdict.
