Urgent Call to Action: Addressing the Violation of Tribal Rights in Gujarat by GMDC?

Date: September 9, 2024

A critical issue has emerged regarding the rights of tribal communities in Gujarat. Dr. Bhavinkumar Shantilal Vasava has issued a pressing complaint against the Gujarat Mineral Development Corporation (GMDC) for illegally leasing tribal Area land in the Scheduled 5 area of Jhagadia Taluka, Bharuch District.

Dr. Bhavin Vasava, a resident of Avidha in Jhagadia, has revealed that The land acquisition in this area was done by government of Gujarat for GMDC, initially authorized for only a major mineral coal mining on 384 hectares of land which is in interest of Nation but now GMDC has unlawfully leased a 3-hectare portion to M/s Univ Minerals (Unit-2) for a silica sand washing plant. This leasing action, as reported by Dr. Bhavin Vasava, represents a serious breach of tribal rights and legal norms.

Key Points of Concern

1. Violation of Scheduled Area Laws: The land in question falls under a Scheduled 5 Area as defined by Article 244(1) of the Indian Constitution. This provision guarantees tribal communities exclusive rights over their land and resources. GMDC’s leasing of this land without the Gram Sabha’s consent breaches the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) and The Gujarat Provisions of the Panchayats (Extension to the Scheduled Areas) (Amendment) Rules, 2017, among other regulations.
2. Illegal Leasing to a Private Entity: GMDC’s decision to lease land for a purpose other than the original coal mining project lacked necessary approvals from the GMDC Board of Directors, the Honourable Governor of Gujarat, and other relevant government authorities. This lease was executed without the mandatory Gram Sabha consent and proper environmental clearance, violating legal requirements for land transfers in Scheduled Areas.
3. Disregard for Tribal Rights Over Minor Minerals: The GMMCR 2017 and the Samata judgment confirm that minor minerals in Scheduled Areas belong to tribal communities. GMDC’s transfer of these rights to M/s Univ Minerals (Unit-2) undermines the legal entitlements of the tribal people.
4. Governance Failures: GMDC, as a government corporation, is expected to operate within legal frameworks. The unauthorized land lease raises serious questions about GMDC’s adherence to governance and legal standards.

Impact on the Tribal Community

The illegal leasing of this land threatens the tribal community’s livelihood, culture, and security by:

• Denying them rightful ownership and benefits from their land and resources.
• Causing potential environmental degradation and displacement.
• Eroding trust between the government and the tribal communities.

Call for Action

Dr. Bhavin Vasava has requested immediate action to:

1. Investigate GMDC’s illegal leasing practices and the absence of proper consent from the Gram Sabha.
2. Revoke any agreements that infringe upon the constitutional rights of tribal communities.
3. Enforce PESA provisions to ensure the protection of tribal rights over land and resources.
4. Hold GMDC accountable for any unlawful decisions regarding land leasing.
5. Ensure compliance with legal requirements for all future land acquisitions or leases in Scheduled Areas.
6. Grant Dump Permits: To The Local Tribal peoples, Tribal Mandadi for Minor Minerals like as silica sand, Ball Clay, etc..
7. Grant Such kind of Lease within the Mining Lease area of GMDC to the Land Losser and the Tribal People and residents of this area only.

Dr. Bhavin Vasava’s appeal underscores the urgent need for intervention to safeguard the rights and well-being of the tribal communities. The outcome of this case could set a critical precedent for the protection of tribal rights across India.

For further updates on this matter, stay tuned to our news blog.

Contact Information:

Dr. Bhavinkumar Shantilal Vasava
Dist: Bharuch, Gujarat

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