The State Government is of the view that if the Union Government does not agree to its decision to hold Gram Sabhas in only 12 villages of the Niyamgiri Hill slopes, it is open for the Centre to approach the Supreme Court on the issue.
Commissioner-cum-Secretary ST & SC Development Santosh Sarangi, in a letter to Secretary of the Union Ministry of Tribal Affairs (MoTA) Vibha Puri Das, has communicated the decision of the State Government to limit Gram Sabha proceedings to 12 villages, which is in the line of the apex court’s order of April 18.
Sarangi has pointed out that the issue was thoroughly examined by the State Government in the Department of law. And it was also referred to the State’s Advocate General for further examination. The Advocate General has opined that holding Gram Sabha in the 12 villages of Rayagada and Kalahandi districts is in line of the Supreme Court’s order.
The Advocate General agreed with the law Department’s advice to hold Gram Sabhas in 12 villages and advised the State Government that it is not necessary on its part to approach the Supreme Court since the understanding in this matter is apparently very clear.
Armed with the Advocate General’s opinion and advise of the Department of law, the State Government is going ahead with its decision, said Sarangi’s letter. However, if the Union Government does not agree to the State’s stand, it is free to approach the apex court, suggested the missive.
The State Government has decided ro conduct 12 Gram Sabhas following the broad guidelines given by the MoTA, said Sarangi. The Gram Sabhas would be held in the seven villages of Rayagada district from July 18 to August 19 while the other five Gram Sabhas would be conducted in Kalahandi from July 23 to 30.
Earlier, the MoTA Secretary had said that limiting Gram Sabha proceedings to only 12 villages is not in line with the apex court’s order and the directions issued by the Ministry under Section 12 of the Forest Right Act (FRA).
She had stated in her missive to the Chief Secretary, "The list of villages where rights of forest dwellers are guaranteed under the FRA or where cultural and religious rights are likely to be affected cannot be arbitrarily decided by the State Government. It is to be decided by the people (Palli Sabhas) where claims would be filed through a transparent manner so that no genuine Gram Sabha that has a legitimate claim is left out of the process. This is in line with Para 59 of the apex court judgment".
Para 59 of the apex court's judgment read, "The Gram Sabha is also free to consider all the community, individual as well as cultural and religious claims, over and above the claims which have already been received from Rayagada and Kalahandi districts. Any such fresh claims be filed before the Gram Sabha within six weeks from the date of this judgment. The State Government as well as MoTA would assist the Gram Sabha for settling of individual as community claims."
The Chief Secretary in his reply to the MoTA Secretary had stated that a reading of the Supreme Court's observation would make it clear that the reference is to the 12 hill slope villages, for which an affidavit was filed by the State Government.