Mr Jairam Ramesh minister of state for environment and forests (independent charge) informed the Rajya Sabha a Committee had been established jointly under the ministry of tribal affairs and the ministry of environment and forests to study and assess the impacts of the Scheduled Tribes and Other Traditional Forest Dwellers Act 2006, with regards to the Sustainable Management of Forest Resources across the country.

As part of its work the Committee had been holding consultations across India. A sub group of the Committee, comprising of Mr Arupjyoti Saikia, Mr Ravi Rebbapragada and Mr Ashish Kothari had also visited Orissa.

During its deliberations and consultations in the state, it came to light of the Committee that certain violations related to the POSCO project were taking place as well. With reference to the POSCO project they brought the following major facts to the attention of the MoEF

1. There are Other Traditional Forest Dwellers in the area, contrary to what the district administration is saying. Both documentary and oral evidence exists to this effect.

2. The FRA process has not been completed in fact it has not proceeded beyond the initial stages, for various reasons. It is therefore incorrect and misleading for the district administration to conclude that there are no OTFDs in cultivating possession of the forest land since 3 generations in the area.

3. Some palli sabhas have given resolutions refusing to consent to diversion of forest land on which they are dependent. These palli sabhas were convened by the district administration itself, after receiving instruction relating to the MoEF circular of July 2009, which indicates that the administration was aware of the possible presence of forest rights claimants in the area. To the best of the knowledge of the team these palli sabha resolutions have not been sent by the State Government to the MoEF, which is tantamount to deliberate withholding of relevant information/ documents. Only the palli sabha resolutions setting up FRCs in March 2008 have been sent to MoEF on July 27th 2010. It appears from news reports, however, that the district administration is proceeding with land acquisition and demolition of the paan cultivation of people on forest land. Reportedly this is of families who have consented to such acquisition; however this does not alter the fact that such work is illegal.

4. The team’s conclusion is that any work related to the project in this area, such as what has been reportedly started on 27 July 2010, is a violation of the FRA, and of the conditionality laid down by the MoEF in its forest clearance dated 29 December 2009.