- (1.) This Interlocutory Application preferred by M/s. Sterlite Industries (India) Ltd. [SIIL. is a sequel to our Order dated 23.11.07 in I.A. Nos. 1324 and 1474 in Writ Petition (C) No. 202 of 1995 etc. in the case of T.N. Godavaraman Thirumulpad v. Union of India and Ors. And in the matter of: Vedanta Alumina Ltd. reported in . We need not repeat the contents of our Order dated 23.11.07 except to state that in our Order we suggested a Rehabilitation Package and modalities to subserve the principle of Sustainable Development.
(2.) For the sake of convenience we quote herein below the suggestions made in our earlier order dated 23.11.07 which read as under: (i) State of Orissa shall float a Special Purpose Vehicle (SPV) for scheduled area development of Lanjigarh Project in which the stake-holders shall be State of Orissa, OMC Ltd. and M/s. SIIL. Such SPV shall be incorporated under the Companies Act, 1956. The Accounts of SPV will be prepared by the statutory auditors of OMC Ltd. and they shall be audited by the Auditor General for State of Orissa every year. M/s. SIIL will deposit, every year commencing from 1.4.07. 5% of its annual profits before tax and interest from Lanjigarh Project or Rs. 10 crores whichever is higher for Scheduled Area Development with the said SPV and it shall be the duty of the said SPV to account for the expenses each year. The annual report of SPV shall be submitted to CEC every year. If CEC finds non-utilisation or mis-utilisation of funds the same shall be brought to the notice of this Court. While calculating annual profits before tax and interest M/s. SIIL shall do so on the basis of the market value of the material which is sold by OMC Ltd. to M/s. SIIL or its nominee. (ii) In addition to what is stated above, M/s. SIIL shall pay NPV of Rs. 55 crores and Rs. 50.53 crores towards Wildlife Management Plan for Conservation and Management of Wildlife around Lanjigarh bauxite mine and Rs. 12.20 crores towards tribal development. In addition, M/s. SIIL shall also bear expenses towards compensatory afforestation. (iii) A statement shall be filed by M/s. SIIL with CEC within eight weeks from today stating number of persons who shall be absorbed on permanent basis in M/s. SIIL including land-losers. They shall give categories in which they would be permanently absorbed. The list would also show particulars of persons who would be employed by the contractors of M/s. SIIL and the period for which they would be employed. (iv) The State Government has the following suggestions on this issue: 1. The user agency shall undertake demarcation of the lease area on the ground using four feet high cement concrete pillars with serial number, forward and back bearings and distance from pillar to pillar. 2. The user agency shall make arrangements for mutation and transfer of equivalent non-forest land identified for compensatory afforestation to the ownership of the State Forest Department. 3. The State Forest Department will take up compensatory afforestation at project cost with suitable indigenous species and will declare the said area identified for compensatory afforstation as "protected forest" under the Orissa Forest Act 1972 for the purpose of management. 4. The user agency shall undertake Rehabilitation of Project affected families, if any as per the Orissa Rehabilitation and Resettlement Policy 2006. 5. The user agency shall undertake Phased reclamation of mined out area. All overburden should be used for back filling and reclamation of the mined out areas. 6. The user agency shall undertake fencing of the safety zone area and endeavour for protection as well as regeneration of the said area. It shall deposit funds with the State Forest Deptt. for the protection and regeneration of the safety zone area. 7. Adequate soil conservation measures shall be undertaken by the Lessee on the overburden dumps to prevent contamination of steam flow. 8. The user agency should undertake comprehensive study on hydrogeology of the area and the impact of mining on the surrounding water quality and stream flow at regular interval and take effective measures so as to maintain the pre mining water condition as far as possible. 9. The user agency should undertake a comprehensive study of the wild life available in the area in association with institutes of repute like Wild Life Institute of India, Dehradun, Forest Research Institute, Dehradun etc. and shall prepare a site specific comprehensive Wild Life Management plan for conservation and management of the wild life in the project impact area under the guidance of the Chief Wild Life Warden of the State. 10. The user agency shall deposit the NPV of the forest land sought for diversion for undertaking mining operations. 11. The user agency shall prepare a comprehensive plan for the development of tribals in the project impact area taking into consideration their requirements for health, education, communication, recreation, livelihood and cultural lifestyle. 12. As per the policy of the State Government, the user agency shall earmark 5% of the net profit accrued in the project to be spent for the development of health, education, communication, irrigation and agriculture of the said schedule area within a radius of 50 Kms. 13. Controlled Blasting may be used only in exigencies wherever needed to minimize the impact of noise on wild life of the area. 14. The User Agency shall undertake development of greenery by way of plantation of suitable indigenous species in all vacant areas within the project. 15. Trees shall be felled from the diverted area only when it is necessary with the strict supervision of the State Forest Deptt. at the cost of the project. 16. The forest land diver red shall be non transferable. Whenever the forest land is not required, the same shall be surrendered to the State Forest Deptt. under intimation to Ministry of Environment and Forests, Government of India. (emphasis supplied by us)
(3.) By our Order dated 23.11.07 we made it clear that if SIIL is agreeable to the suggested Rehabilitation Package they were at liberty to move this Court by way of interlocutory application. Consequently, the present LA. No. 2134 of 2007 has been preferred by SIIL.;