NEW DELHI: The Union environment and forests ministry may have withdrawn the green clearance to Vedanta's Aluminium mining project in Orissa but the state government is not giving up easy. It has sent a detailed reply to the Centre recommending that the project be allowed to continue. 

In an attempt to get the union government entangled in legalities, it has also sought to play the tribal affairs ministry against the environment ministry on the issue of compliance with the Forest Rights Act. 

The environment ministry had refused the forest clearance for the alumina mining at Niyamgiri hills by Vedanta, noting that the process of settling rights of primitive tribal group under the FRA had not been completed and the state government had given false evidence to claim otherwise. 

The state government has instead sought to challenge the rules of the environment ministry that require its Forest Advisory Committee to review the implementation of FRA at the project site before it recommends a clearance under the Forest Conservation Act. 

The environment ministry rules, in compliance of FRA, require that the advisory committee ensure, besides other things, that the affected village councils have given explicit permission for the diversion of their community forestlands. 

The Orissa state government, centre's N C Saxena panel, had noted, was unable to produce these certificates. The panel had also pointed to other infirmities in the procedure followed by the state government in completing the process of settlement under the FRA. The act requires that no land be diverted before the right ascertaining process has been completed. 

But the state government has now written to the tribal affairs ministry questioning the validity of the environment ministry rules. The tribal affairs ministry is yet to reply to the state government. 

These rules of the environment ministry have become the biggest bone of contention for industry with the other big-ticket project Poso also unable to pass the test -securing village council nod.