To,
Mr. Narendra Modi
Accused-in- waiting and PM
aspirant
Subject: Clarify your position on key environmental
issues for the General Election 2014 to enable meaningful debate and not empty
rhetoric.
Mr. Modi,
I would like to raise certain issues for you to
respond to during the ensuing General Election 2014 debate, as you project
yourself as PM in waiting, making unsustainable claims about the so-called two
digit growth of Gujarat.
I am sending you the points for discussion in advance
to enable you to respond in writing during your election campaign in Vadodara
and Varanasi constituencies.
I am also sending a copy of the letter to the press so that you can respond to
the press directly as well. These issues are not new; I have repeatedly raised
them in number of letters sent to various departments of the Government of
Gujarat, as well as directly to you. I have yet to receive a proper reply
though to any of them.
The CMO has, instead of answering categorically,
passed the buck by referring these letters to the so-called concerned
department even when straight questions were addressed to you. I am ready for
dialogue in an open meeting with you as well on these issues. I am also
prepared to attend a press conference to discuss these issues. I assure you
that I am eager to engage in dialogue with you and hence am sending you
people’s concerns in advance so that the discussion may be thoughtful and
productive.
I would like to clarify that some questions I raise
have equal relevance for the Congress Party who have yet to address the
questions that I am raising. However, since it is you who makes tall claims for
Gujarat and since you have been in power in Gujarat State
for many years, it is in the fitness of things that I address these questions
to you now.
The so-called success story of the two-digit growth and tall claims of
capital investment in Gujarat State has masked the several digit realities of
loss of livelihood, land acquisition, displacement, irreversible damage to
environment and permanent loss of natural resources, which are treated as free goods
in this development model. The investment figure, without the figures for
displacement, destruction and depletion of natural resources and the employment
figure without loss of livelihood does not make sense. No wise person would
talk about the income without talking the cost of acquiring that income or
wealth.
My questions relate to the ‘development model’ celebrated and propagated
by you for the 2014 Lok Sabha election campaign and the Destruction of
Natural Resources and Livelihood that has resulted directly from this.
(1)
In 2009 the CPCB and IIT-Delhi, in keeping with the demands of the
people’s organisations working on environmental issues, decided to use a new
method of indexing the pollution levels of these areas, which is now known as
the ‘Comprehensive Environmental Pollution Index’ (CEPI). The CEPI includes
air, water, land pollution and health risks to the people living in the area.
However, our demand has been to include the health of the workers, productivity
of land and quality of food / agriculture produce in the index since the
presence of high levels of chemicals and heavy metals in food produce has
severe health implications. This is affecting not only people living around the
industrial area but anyone consuming such food – hence not restricting the
impact to the particular industrial area.
As per the agreed upon measures, industrial areas with a CEPI of 70 and
above are considered ‘critically polluted’ areas while those with a CEPI
between 60 and70 are considered ‘severely polluted’ areas. In our opinion,
those industrial areas with CEPI between 40 and 60 ought to be labelled as
‘polluted areas’.
In December 2009 the CEPI of 88 polluted industrial estates was
measured; it was then that the CPCB and the Ministry of Environment and Forest (MoEF)
of Government of India were forced to declare 43 of those as ‘critically
polluted areas’ and another 32 industrial areas as ‘severely polluted’ areas.
Following this study, the MoEF on 13 January 2010 was also forced to issue a
moratorium (prohibition on opening new industries and/or increasing the
production capacity of the existing industries) on the 43 critically polluted
areas. At that time, Paryavaran Suraksha Samiti (PSS) and other environment
protection groups had asked for a moratorium on all the 75 (43+32) polluting
areas, but it was not done, under pressure from the powerful industrial lobby
and state governments. The murky politics and economics of ‘GDP growth’
prevailed over the cause of ‘life and livelihood’ of ordinary people and
‘environment and conservation.
As such the process of declaring moratorium was started from Ankleshwar
in Gujarat in 2007. The industries located in
Ankleshwar, Panoli and Jhagadia GIDC estates treat their effluent in
their Common Effluent Treatment Plant (CETP) and then, after giving further treatment ‘at the
Final Effluent Treatment Plant (FETP) at Ankleshwar discharge the effluent into
the sea. The FETP, from its inception, did not work as per the prescribed norms
set by the GPCB. Even today it is not able to meet the prescribed norm. For
this reason, on July 7, 2007, GPCB, on the directions of the CPCB, imposed a
moratorium on the industrial areas of Ankleshwar, Panoli and Jhagadia. The
moratorium is in force even today, since there has been no substantial improvement
in the pollution levels even after the implementation of the so-called ‘action
plans’ prepared by these estates. The same plant’s disposal pipeline project
was inaugurated by you on January 25, 2007. By inaugurating this plant, you
tried to send out the message to the investors not to worry too much about
compliance with environment laws in the state. Despite this moratorium being in
force officially, the active connivance of the industrial lobby with the
collusion of politicians along with the official machinery in Gujarat
has surreptitiously lifted the moratorium from some area at different times.
Why did you inaugurate the FETP pipeline project despite its
non-compliance with the GPCB norms? Why do you endorse the public paying when
industries pollute?
In reply to my RTI application to
you dated 23 April 2010 about the inauguration of FETP by you, your office
states that “In addition, would like to inform you that about point no. 1 &
2 of your RTI application dated 23 April 2010, information sought by you is
about the period before date 25 January 2007 and government’s term was over in
December 2007 and after new government came in as per our working method, old
records were destroyed so demanded information can not be made available to
you.” It is difficult to believe that a responsible and publicly accountable
office such as yours, especially with your emphasis on “transparent and
effective public governance” would destroy official records of public
importance, even while you continue to be the chief minister in the consecutive
term. With your emphasis on ‘information technology’ in governance, the soft
copies of the correspondence should be present in some official data bank, or
one would assume that you or your office are deliberately withholding or
denying information that should be in public realm and your public
accountability as the chief minister stands questioned, following such a stand
of destruction of official records on the mere pretext that it happened because
of change in Government. Why do you want to hide this information? What
is the stated policy on destruction of records? Under what rule or law have
such critical documents been, as you say, destroyed?
Despite the “Polluter Pays” principle, common effluent treatment plants
(CETPs) were highly supported by public money; 25% of the cost was state
subsidy, 25% central subsidy, 30% loans from financial institutes, and only 20%
was directly paid by industries. In essence, half of the supposed ‘solution’ to
the pollution generated for private profit, was funded by the general public.
As if this subsidy was not enough, the subsidy for the CETP has been increased
from 25% to 50% by the Central Government.
The pipeline project of Final Effluent Treatment Plant of Ankleshwar was
built with the sweat of tax payers. Out of a total project cost of Rs. 131.43
crores, the industries paid only Rs. 21.75 crores (about 17%); the rest of the
tab (Rs. 109 crores) was borne by the Central Government, the Gujarat
Government, and the Gujarat Industrial Development Corporation (GIDC) - all of
which ultimately draw from public money. It is a familiar story: the profits
are distributed privately, but the institutional costs and environmental burden
are borne by general public. Can we find a better example of the privatisation
of profits and the socialisation of the costs, burdens and hazards?
With no improvement in the levels of pollution being shown by the CEPI
of the CPCB, the MoEF again, through its order of September 17, 2013 re-imposed
a moratorium for some industrial areas.[1] However,
surprisingly the same order also lifted the moratorium from some polluted areas
in the name of ‘promises, presumption and assumption’ of improvement.[2]
However, in our opinion the moratorium ought not to be lifted until these units
bring down their CEPI to below 60.
In Gujarat, the GPCB has served
repeated closure notices to several industries, which have been openly flouting
environmental norms. However, the CPCB report of May - November 2013 has
revealed no significant change in these industrial areas. Strict action needs
to be taken against such industries and their ‘treatment facilities’. The CPCB
report of 2009 covered 88 industrial estates, but the reports of 2011 and 2013
covered only 43 ‘critically-polluted areas’. In our opinion, the CEPI of all 88
areas should be conducted by the MoEF, CPCB and SPCBs. Other areas should also
be included if the residents so wish.
In 2009,
the Ankleshwar’s industrial area, with 88.50 CEPI, topped the list of
‘critically polluted areas’ of India[3].
In 2011 and 2013, Vapi industrial area, with CEPI of 85.31, topped this list[4].
What do you want to say about this number one?
The Gujarat Government is neither uttering a single word on these issues
nor are you ready for any kind of dialogue or debate on this issue.
I am not and cannot be concerned only with the quantum of
investment, but also with what is being invested, what the goal of the
investment is, and how it affects the people in general. The Gujarat
Government has consistently opposed these moratoriums per se, without
acknowledging the environmental concerns brought up by affected people and
environmental groups despite the obvious need. Given that the industries
are facing moratoriums from the Ministry of Environment and Forests for the unabated
cycle of pollution, which continues to impact adversely all kinds of lives –
human, agriculture and livestock, I am interested to know what you have
to say regarding the industrial moratoriums in our state. What is your position
on environmental concerns that have led to the moratoriums?
(2) Why does your government fail to have a land use
policy? Why is an abundance of chemical industries allowed on fertile land,
including the 'vegetable basket' of Gujarat
like Padra Taluka of Vadodara District?
(3) On 7 May 2004 in Writ Petition (Civil) No. 657 of
1995, the Supreme Court ordered Gujarat State to provide clean drinking water
to residents of villages near Vapi, Ankleshwar, and Effluent Channel Project of
Vadodara, where the water supply was irrevocably damaged by industrial
activities. Yet, there are ongoing actions contrary to what the Court
has ordered. This order is still awaiting implementation. When will your
government implement this order?
(4) The quality of groundwater in Gujarat
has reached a critical stage and yet it is being contaminated continuously. Orders
for clean drinking water are passed based on the visit of the Supreme Court
committee, and the committee is not able to visit all the affected villages of
the Golden Corridor. The groundwater of about 14 districts and about 74
talukas of Gujarat are critically affected by
pollution, even if we consider the routine parameters like Total Dissolved
Solids (TDS), Total Hardness (TS), Dissolved Oxygen (DO), Chemical Oxygen
Demand (COD), and some heavy metal like Cadmium, Copper, Lead, Mercury, Iron
etc. Thus the condition of the groundwater of Gujarat
requires immediate attention as the rural population is deprived of the very
basic need of safe drinking water and clean water for their animals and crops.
Ahmedabad, Daskroi, Mehmedavad, Vadodara, Ankleshwar,
Bardoli, Choryasi, Kamrej, Mangrol, Olpad, Palsana, Valod, Vyara, Navsari,
Sanand, Dhoraji, Jetpur, Okha Mandal etc. talukas are critically polluted.
Amreli, Jambusar, Junagad, Mandvi, Kalol, Morvi, Upleta, Mahuva, Chorila,
Dhangadhar, Limdi, Bansda, Umbergaon etc talukas are found moderately polluted.[5] If
we talk about Vatva to Vapi – the Golden Corridor – it is clear that 70% of the
groundwater is contaminated and it has reached the irreversible level. When
are you going to act on this serious issue of contamination of ground water?
(5)
The air pollution situation is also alarming in the Golden Corridor of
Gujarat. The Gujarat Pollution Control Board admits[6] in
writing “5. PROBABLE POLLUTANTS: … (B) Air: HCl, SO2, NH3,
H2S, NOx, PM2.5, PM10, VOCs, PAHs, PCBs, Vinyl Chloride. Note:
Benzene, VOCs, PAHs, PCBs, vinyl chloride are not being monitored by GPCB, as
no measuring facility is available with GPCB. This statement speaks for itself.
In an “advanced state” like Gujarat, why do
we not have facilities to take these basic measurements? Moreover,
when will you take actions to clean up the air quality, which has become so
poor?
(6)
You are the Chairman of the Gujarat State Disaster Management Authority
and the same authority has to implement ‘The Gujarat State Disaster Management
Act, 2003. The Act clearly states ‘(2) (h) “disaster” means
an actual or imminent event, whether natural or
otherwise occurring in any part of the State which causes, or
threatens to cause all or any of the following:
(i) widespread loss or damage to property, both immovable and
movable; or (ii) widespread loss of human life or injury or illness
to human beings; or (iii) damage or degradation
of environment.’[7] However,
the web site of Gujarat State Disaster Management Authority states ‘The GSDMA
has been constituted by the Government of Gujarat by the GAD’s Resolution dated
8th February 2001. The Authority has been created as a permanent arrangement to
handle the natural calamities.’[8] What
about environmental disasters? There is no ‘Comprehensive Chemical Emergency
Plan’ with the Gujarat
State Disaster Management
Authority. The Director, Health and Safety Department has an ‘Off Site
Emergency Plan;’ but when I demanded a copy of it, I was told that it is
secret. Kindly clarify your position on the crucial issue of a disaster
management plan and its transparency.
(7)
A direct outcome of our persistent efforts since 1994 has been forcing
GPCB / Government to act against Hema Chemicals of Vadodara, which was
responsible for illegal dumping of hazardous chromium waste in Gorwa area of
Vadodara. As per the direction of the Supreme Court Monitoring Committee, the
company was ordered in 2004 to pay Rs. 17 Crores as first instalment towards
remediation of the site. Why has your government failed to remove the
hazardous waste dumped by Hema Chemicals, and recover the Rs 17 Crores fines
from Hema Chemicals, as per the direction of the Supreme Court?
(8)
Which law allows the effluent that does not meet Gujarat Pollution
Control Board norms to be discharged from Tadgam Sarigam Pipeline, from FETP,
Ankleshwar, ECP, Vadodara, CETPs of Ahmedabad? I would like you to clarify your position on the
issue of such an open and blatant disregard of environment laws.
(9)
Your book CONVENIENT ACTION – Gujarat’s Response To Challenges
of Climate Change selectively presents information and data, which are
convenient to defend the ‘development model’ being pursued by the state.[9] The
book completely ignores the information from the ‘Gujarat Ecology Commission’
of the Government of Gujarat, and the press coverage on pollution in Gujarat by almost all newspapers over the last 15 years.
Even a Google search on 'pollution in Gujarat’
would have provided plenty of information. The author could also have accessed
basic information from the Central Pollution Control Board and the Gujarat
Pollution Control Board to find out the status of the environment of Gujarat State. Even the Gujarat Ecology
Commission report and recent CAG report acknowledges the abysmal status of the
environment in Gujarat. Why did you base
your book on cherry-picked evidence that ignores the level of irreversible
environmental degradation in the state of Gujarat?
(10)
You have included in your book on page 132-133 a photo of the 'Common
Effluent Treatment Plant' of Vapi, a facility which has not been able to fulfil
the environmental norms prescribed by Gujarat Pollution Control Board since
many years. While the photo is very large, there is no discussion about the
functioning of CETP of Vapi.[10] Your
book completely ignores the failure of all major ‘industrial effluent treatment
facilities’ of Gujarat. Why?
This post-facto regularisation of illegal residential complexes
sends a clear message that the safety norms can be bent to accommodate economic
interests. This is
going to be a disastrous action on the part of the concerned authorities as far
as the health and safety of the people is concerned. Instead of taking firm
action and enforcing the regulations, these departments are succumbing to
pressure from all sides from powerful rich people who want to legalise their
illegal residential complexes. In spite of support by Gujarat Sate the builder
had lost the case in High Court of Gujarat and ultimately people won the case.
Any post facto relaxation in the present environmental guidelines and
norms is nothing but manipulation of present environmental norms to legalise
illegal construction activities in order to favour powerful rich people who can
pressurise the Government to act against the interests of ordinary people. I
have opposed to the proposed dilution of norms, and have expressed this and
written letters to you. I would like to know why your government finds
it acceptable to relax safety norms of your own administration. Why accommodate
violators instead of punishing them?
(11)
Most of the cities and towns are openly and brazenly violating ‘The
Municipal Solid Wastes (Management and Handling) Rules, 2000’ since long. For
example, the Vadodara Mahanagar Seva Sadan is dumping its municipal solid
wastes into the ravines, ditches, hillocks of Vishwamitri River
by violating the Municipal Solid Wastes (Management and Handling) Rules, 2000.
The action of the corporation is directly violating laws, which provide that
water bodies should not be permitted to be polluted. Instead of protection
and preservation, the government and its corporation are themselves destroying the
Vishwamitri River with their unlawful and unethical
dumping of Municipal Solid Waste. This has repeatedly also led to terrible
floods from River Vishwamitri.
On 25th of May 2005 the Chairperson of Gujarat Pollution
Control Board had given clear directions to the Municipal Commissioner of
Vadodara Municipal Corporation: (1) To stop dumping of Municipal Solid Waste on
the banks of the river “Vishwamitri“ and re-collect all the waste from about
70,000 sq. meter area and dispose it on the landfill site. (2) To re-collect
solid waste from the bank of the river and clean up natural waterway to avoid
the flooding during monsoon season. (3) To re-collect solid waste from the site
near Akota Garden and on the banks of the river
near VUDA Circle
and dispose of it at the landfill site. (4) To stop burning of Municipal solid
waste all over the city immediately. (5) To direct the concerned personnel to
be more vigilant and careful. (6) Directed them to comply with the direction
issued in the authorisation granted.
Now VMSS does have the so-called legal site, yet the direction dated 25
May 2005 is not implemented by the VMSS and illegal dumping is still continued
at the illegal site. This is nothing but butchering of the Municipal Solid
Wastes (Management and Handling) Rules, 2000. Why there is no legal
action under the act as initiated against the VMSS by the Gujarat
Pollution Control Board?
(12)
I had also launched a complaint against residential and commercial
complexes coming up in the vicinity of hazardous solid waste sites in Ahmedabad
(Vatva & Naroda) in violation of GPCB notification on industrial hazardous
solid waste and The Hazardous Waste (Management & Handling) Rules, 1989.
These complexes were in violation of the Central Pollution Control Board &
Gujarat Pollution Control Board guidelines and norms requiring a 500 metres
safety distance from TSDFs to residential complexes.
Instead of punishing the violating builders/contractors, The Forest & Environment Department and Urban Development and Urban Housing
Department of Government of Gujarat
decided, in the meeting dated 5 September 2011, to relax the required 500 metres
safety radius to only 100 metres for the purpose of legalising all
illegal residential
complexes, which came after the notification. For future, it was decided that
the 500 metres distance would be enforced.
The original guideline
was issued with the intention of preventing risk to the health and safety of
the people. The revision
obviously looks at the profit margin of unscrupulous contractors, not the
innocent residents who will suffer in future.
(13)
Another hot spot is near Sardar Sarovar Dam. The work for the Garudeshwar
weir, proposed about 12 km downstream of the Sardar Sarovar dam, began without
necessary environmental clearance from the Environmental Sub Group
(ESG) of Narmada Control Authority’s (NCA). It is very clear if one
looks closely at the letter dated March 24, 2013 written by a senior member
Mr. Shekhar Singh of the ESG of NCA to its chairperson Mr. Dr V.
Rajagopalan, the secretary of Ministry of Environment and Forest, Government
of India.
He expressed surprise over the Gujarat Government's decision to start
work for the construction of the Garudeshwar weir without obtaining necessary
environment clearances.
He states in his letter that “Garudeshwar weir, to be built 12 km
downstream of the SSP dam with a live storage capacity of 32.9 Million Cubic
Meters, is a component of the Sardar Sarovar Project, as was envisaged by the
Narmada Water Disputes Tribunal Award of 1979. However, as far as I recollect,
the environmental and social impacts of construction and operation of
Garudeshwar weir (GW) have never been brought before the ESG of NCA.”
He further states in his letter “In my estimation, the construction and
operation of the GW will have significant social and environmental impacts,
since it will entail a reservoir of about 12 km length and unknown width and
submergence area. The weir will have the potential of affecting the fisheries
in the immediately surrounding areas and also of affecting the downstream river
and its biodiversity, and other related aspects. This is especially because the
weir will control the flow of water and silt downstream. However, I do not know
whether there has been a comprehensive assessment of the environmental and
social impacts of the GW and its contribution to the cumulative impact of all
the projects and activities in the area. And if there has been, I do not
believe that this has been put up to the ESG for its approval.”
At the end of the letter, he clearly demands, “If this is correct, I
find this problematic as ESG has not yet cleared the construction of this weir.
Under the circumstance, I urge you to: (1) Ask the Government of Gujarat (GoG)
to immediately stop construction of the GW. All other activities related to the
GW should also be stopped. (2) Ask GOG/ SSNNL to submit the full feasibility
report, environment and social impact assessment report including impacts
during construction and operation of the GW to the ESG and seek clearance of
the ESG for this work. (3) Ask GOG not to start any work in this regard till
the ESG clears this.”
The six villages, which were the first to hand over the land way back in
1961-63 to build the Staff Colony, Government Offices and Guest House to build
the Sardar Sarovar Dam, have even decades later not been considered “equal” to
other project affected persons (PAPs), thus remaining deprived of all the
facilities which other PAPs of Sardar Sarovar Dam of Gujarat, Maharashtra and
Madhya Pradesh have been offered. In fact, there are about 70 adjacent tribal
villages which cannot even access Sardar Sarovar Dam water for irrigation.
Worse, the view is gaining ground among them that water is only for urban and
industrial use.
The view is also gaining strongly among the villagers that all this is
being done at a time when the Gujarat Government has decided to build the
highest statue of the world in the memory of Shri Sardar Patel by spending Rs.
2,500 crores near Sardar Sarovar Dam, around which tourism will be developed.
Lakhan Musafir and Rohit Prajapati of Paryavaran Suraksha Samiti and Savitaben Ganpatbhai Tadvi & Mavajibhai
Jesangbhai Tadvi, residents of affected villages filed a case [Application No. 10 of 2014 (WZ)] before the National
Green Tribunal (NGT) - Pune to stop construction of ‘Garudeshwar
Weir’. The first hearing took place at Pune on 21st January 2014
and National Green Tribunal-Pune bench (Western Zone Bench) issued a notice to
respondents and further hearing of the case was fixed on 31st January
2014.
The case is filed against (1) The Chairman, of Sardar
Sarovar Narmada Nigam Limited, (2) The Chief Secretary of Government of
Gujarat, (3) The Secretary, Ministry of Environment &
Forest, Delhi (4) The Chairman, Environment Sub Group of
Narmada Control Authority, New Delhi, (5) The
Secretary, Ministry of Social Justice and Empowerment, New Delhi,
(6) The Chairman, R & R Sub-Group of Narmada Control
Authority, Ministry of Social Justice and Empowerment, New Delhi, (7)
The Secretary, Ministry of Water Resources, New Delhi
& (8) The Chairman, Narmada Control Authority, New Delhi.
On 31st January 2014 Advocate Mr. Nirzar Desai appeared as legal counsel of the
Sardar Sarovar Narmada Nigam Limited. He requested 4 weeks time to file the
reply. Our lawyer, Mihir Desai argued before the court that the construction
work of Garudeshwar Weir is on and is affecting the villagers, construction work
is creating an irreversible situation in the area, and that is why we request
the court to grant interim stay on the construction of the weir. After hearing
both sides the court passed the following order.
“We have heard learned Counsel for the Applicants. Mr. Nirzar Desai,
appears for the Respondent No. 1. The Counsel for the Applicant states that he
will file affidavit of service during course of the day.
The Counsel for the Respondent No. 1 seeks time to file reply affidavit.
According to learned Counsel for the Applicants, ongoing work is likely
to impair the rights of project affected people in the vicinity. He submits
that there will be irreversible damage caused if major work will be carried
out. He further states that only a part of the work so far, is done. Hence, he
urges to take-up the matter expeditiously for grant of interim relief. The
Counsel for the Respondent No. 1, seeks four (4) weeks’ time.
We deem it proper to grant three (3) weeks time to Respondent No. 1 to
file reply affidavit and make it clear that in the meanwhile if any work is
done, it will be subject to final outcome of the present Application, without
claiming any right of equity arising out of execution of construction work and
without pleadings in advance of any ‘fait Accompli’. Stand over to 25th February,
2014.”
On 25th February 2014 the National Green Tribunal (NGT), India’s powerful quasi-judicial environmental
watchdog, has agreed to a Gujarat government
plea for “more time” to reply. The NGT order states that “Heard learned
Counsel Neha Pathak, holding for Mr. Mihir Desai Advocate, Learned Additional
Advocate General Mr. Tushar Mehta, appears for Respondent No. 1 and 2. Ms.
Shugta Busar learned Counsel, appears for Respondent No. 3, Learned Additional
Advocate General, seeks time to file comprehensive reply affidavit, as regards
the nature of project in question. He submits that filing of such affidavit
requires co-ordination of various departments and agencies, which will take
certain time. He therefore, seeks reasonable time to complete the exercise of
preparing reply affidavit. He undertakes to maintain directions as regards
keeping of equity, in the light of earlier order dated 31st January 2014. Stand
over to 17th April 2014.”
This order makes it very clear that as of today the Government of
Gujarat is not in a position to give any clear categorical answer on two counts:
a) whether Garudeshwar Weir has environment clearance or not, b) under
which law of the land or notification or permission the construction of Garudeshwar
Weir is being carried out.
The lack of categorical reply in court reflects that there is no
substance to the hyped perception of your efficient Government of Gujarat. To file a reply with crucial information about
environment clearance and issues raised by us in our petition the Government of
Gujarat needs two months time. That clearly
indicates that even prima facie all is not well with Garudeshwar Weir and the
legality of the ongoing construction of Garudeshwar Weir is in question. Kindly
clarify your position on this crucial issue.
(14)
Regarding the activity
around “Statue of Unity Project” near Sardar Sarovar Dam in the river
downstream from the dam, just 3.2 km from the Shoolpaneshwar Sanctuary, in an eco-sensitive
zone and involving massive infrastructure – work has started without legally
mandatory environment clearance, environment and social impact assessment or
any public consultation process.
This is clearly illegal, in violation of the Environment Protection Act,
1986 and EIA notification of September 2006 and a number of NGT and Court
orders about such massive kind of construction on the riverbed. On 31st
October 2013, the foundation stone was laid by you for the project amidst huge
fanfare and media attention. Tenders have also been floated. Even the work for
the Garudeshwar weir, proposed about 12 km downstream of the Sardar Sarovar
Dam, began without any social or environmental impact assessment, public
consultation and environmental clearance from the Environmental Sub Group
(ESG) of Narmada Control Authority’s (NCA).
The website http://www. statueofunity.in/ clearly states the purpose of tourism and
involvement of the ‘Sardar Vallabhbhai Patel Rashtriya Ekta Trust’ (SVPRET) to
build ‘Statue of Unity’, 3.2 km downstream of the Sardar Sarovar Dam
inside the Narmada River on an islet called Sadhu bet.
“A 13km. long water body (pond) will create an excellent tourist spot with
available infrastructure on both the banks.
The Statue of Unity is planned to be erected on the river bed downstream
of the main dam in the Garudeshwar Weir pond. A permanent standing water pool
in and around the Statue of Unity will be created by Garudeshwar Weir, which
will enable boating activity around the statue.”
The estimated cost of the project is more than Rs. 2,500/- corers (Rs
2063 crores is the cost of “DESIGN, ENGINEERING, PROCUREMENT CONSTRUCTION,
OPERATION AND MAINTENANCE OF THE STATUE OF UNITY D/S of Sardar Sarovar Dam,
Village Kevadia Ta. Nandod, District of Narmada Gujarat State, India”
as per tender notice, see: http://www.statueofunity.in/ tendernotice.html).
The Government of Gujarat website (http://www.statueofunity.in/)
clearly states that “A monument, that will not just be a mute memorial like the
rest, but a fully functional, purpose-serving tribute that will boost
tourism and facilitate development in the surrounding tribal areas”.
The key issues that beg immediate scrutiny are (1) The project clearly
needs environment clearance under the EIA notification of September 2006, but
has not applied for or obtained the clearance at any stage. (2) The
Shoolpaneshwar Sanctuary boundary is touching the Sardar Sarovar Reservoir (as
a part of the Environmental Protection measures of the Sardar Sarovar Project,
the earlier Dhumkal Sloth Bear Sanctuary was extended to meet the reservoir
boundaries and is called Shoolpaneshwar Sanctuary.) Since the statute is only
3.2 kms from the Sardar Sarovar Dam, it is certainly near the Shoolpaneshwar
Sanctuary. (3) The Project involves construction on the river bed and the proposed
reservoir will be close to the sanctuary in an eco-sensitive zone, and hence
will have serious impacts on the ecology and environment. Hence, EIA and EC are
crucial. (4) The project will affect the downstream river, its biodiversity,
people and livelihoods and other related aspects. (5) A comprehensive
assessment of the environmental and social impacts of the ‘Statue of Unity’ and
its contribution to the cumulative impact of all the projects and activities in
the area has not been done. (6) The project also needs public consultation, but
none has happened so far. (7) During the construction of the Sardar Sarovar dam
due to hard rock digging, the seismic area already carries the burden of
artificial activity in the bed rock and added load in what is deemed
geologically a fault line area. Public reports on geotechnical and geological
studies on the proposed site have raised issues of structural stability as well
as safety. This cannot be taken casually by authorities. The seismic hazard
analysis claimed to have been done by the Gujarat Government’s in-house “Institute of Seismological Research” (http://www.statueofunity.in/ execution.html#sthash. jEBrofSN.dpuf)
or the Geological and Geotechnical
investigation commissioned to another government institute WAPCOS cannot be
considered credible unless peer reviewed and put in the public domain.
In view of the above facts on record, we demanded that (1) Direct the
Government of Gujarat to submit application for environment clearance and till
that is obtained, not to do any work related to the project. (2) Direct the
Government of Gujarat to immediately stop planned project called ‘Statue of
Unity’ and direct them to stop all other activities related to the ‘Statue of
Unity’. (3) Declare the action – of the foundation stone installation on 31st
October 2013 for the project called ‘Statue of Unity’ - of the Chief Minister
of Gujarat State as illegal, in violation of the
EIA notification of September 2006 and the Environment Protection Act, 1986.
Till date, we have received no response from the concerned authorities. A
reminder was also sent to the concerned authorities. The silence on their
part is a criminal act of tacit compliance
to all safety and environmental violations perpetrated by the executors of the
‘Statue of Unity Project’, and we assume the concerned authorities acceptance of
these violations; hence they too would stand to face the legal
consequences. While they have not categorically responded to any of the
issues raised, instead you directed the Principal Secretary of Departments of
Forest and Environment as well as the Additional Principal Secretary of Narmada, Water Resources, Water Supply and Kalpsar
Department of
Government of Gujarat to reply to our
queries. We have not received any response from these departments, either.
Having laid the foundation stone for this ambitious project which will
cost the taxpayers more than 2,500 crores, it is expected from you that you
remain abreast of all the details of this project and be responsible for
putting them in public domain. You and your office have failed to clarify in
response to our letter, or on any public forum, on this critical issue of
environmental and safety concerns. This leads us to assume either the CMO’s
complicity and tacit assent to violations of public safety and environmental
norms for the Statue of Unity Project, or your official refusal to share key
aspects of project and put them in the public domain. Why are you and
your office silent on this crucial issue?
(15) Centre
and State Government is collectively undemocratically pushing proposed 6000 MW
Mithi Virdi Nuclear Power Plant. This is the area
where the Manmohan - Modi governments have planned in tandem, to set up a 6000
MW nuclear power plant spread over 777 hectares of prime agricultural land,
against which the local villagers have led a consistent, vocal protest.
Orchards of mangoes, chikoos,
coconut trees, lush greenery, sea and ships passing by, describe aptly the Mithi
Virdi - Jaspara area in the Talaja block of Bhavnagar district. This lush green area is
the irrigated region of Shetrunji dam. In a time when `Special Investment
Region' has become the most lobbied term in the state of Gujarat,
this region too should be announced as SAR (Special
Agriculture Region) for agricultural purposes. Situated on the Saurashtra
sea coast, one might assume that the land is barren and uninhabited, but a
visit here belies all these assumptions. It is perhaps from this mistaken
presumption that the proposal for a 6000 MW nuclear power plant spread over 777
hectares on this green lush land must have taken place.
Presently on this 777 hectare of
land spread in Jaspara, Mithi Virdi, Khadarpar, Mandva stand 50,000 fruit
trees. Also, bajra, cotton, groundnut, onions and other crops are sown round
the year because of the irrigation facilities. This area is therefore aptly
called Bhavnagar's Food Basket. This is the reason why local
villagers who stand to lose not only their land and livelihood but will also be
exposed to a potential environmental risk if the nuclear power plant were to
come up as the government proposes, are protesting and are resolute in their
desire to keep the neighbourhood nuclear power free.
On June 11th, 2013, while giving the so-called CRZ clearance/
recommendation for CRZ clearance to the NPP, the Gujarat Coastal Zone
Management Authority (GCZMA) stated that “The Authority deliberated the
proposal of Nuclear Power Corporation of India Limited and after detailed
discussion, the Authority decided to recommend to the Ministry of Environment
and Forests, Government of India to grant CRZ clearance for construction of
intake, outfall facilities, jetty and Desalination plant at Village: Mithi
Virdi, Dist: Bhavnagar by M/S Nuclear Power Corporation of India Limited, only
after submission of the following details to this Department : 1. Detailed note
regarding the safety aspects and site selection criteria along with its
advantage for this site and submit to this Department. 2. A site visit should
be carried out by GCZMA Member.”
This clearly means that the Gujarat Coastal Zone Management Authorities
is not serious about the CRZ clearance. Kindly explain such a dubious illegal
action of Gujarat
State.
NPCIL needs 81 hectares of forest land in addition to the other land for
the nuclear power plant. To facilitate this the Taluka Development Officer
(TDO) of Gujarat State sent a letter dated July 15, 2013 to the Sarpanch of
Jaspara directing him to pass a resolution on the lines of the copy that he had
sent, so as to have the village body's stamp of approval for the state
government transfer of forest land to the NPCIL. In this letter the TDO,
instead of seeking the opinion of Gramsabha as per the law for the land
transfer, illegally and unconstitutionally orders the Sarpanch to
pass the readymade resolution. The Gramsabha of Jaspara unanimously condemned
and rejected such an unconstitutional letter of the TDO. The Gramsabha
unanimously resolved not to hand over the forest land for non-forest use to be
handed over the NPCIL.
Is this the new way of getting the consent from the villagers by Mr.
Modi’s Gujarat State?
(16)
The Gujarat
Government wants to forcibly take over agricultural land at low cost, it wants
to ensure that workers are paid low wages, and it will do its best to ensure
that industrialisation does not confront 'stupid' hurdles like workers rights
and environment laws. It is evident from what the then Finance Minister of
Gujarat, Mr. Vajubhai Vala, said while addressing a day-long pre-Vibrant
Gujarat Summit seminar at Ahmedabad Management Association on ‘Industry
Responsive Skill Development: The Emerging Trends in Gujarat’ on January 11, 2011: “A farmer engaged in
agriculture on a five acre plot will earn enough only for his family. But if an
industry is set up on that land, it will provide sustenance to families of
25-30 thousand workers.”[11] He asked local industrialists not
to spoil workers by giving them more than what is rightfully due to them.9 Thus, it is evident that for the Government of Gujarat,
ordinary people do not matter at all. Kindly clarify your position on the
viewpoint of your then Finance Minister of Gujarat.
There is little to debate regarding the factual basis
underlying our concerns. I have also made our perspective clear: the environment
and the well-being of people in general should be treated with more respect
than industrial/profit-making interests. By writing this letter, I am
soliciting your stance on these issues in writing. In the interest of democracy
and transparency, I feel that you will clarify your position and you will not
keep silent on these issues.
Rohit Prajapati
[ROHIT PRAJAPATI]
[4]
http://cpcb.nic.in/Interim% 20assessment%20of%20CEPI.pdf,
http://cpcb.nic.in/ divisionsofheadoffice/ess/ CEPI_assessment_2013.pdf
[5] State Environmental Action Programme - Industrial
Pollution Phase III – Sectoral Report, Volume - I, Gujarat
Ecology Commission, April 2002
[6] Comprehensive Environmental Pollution
Abatement Action Plan – Vapi Industrial Cluster – Gujarat,
GPCB, Gandhinagar 2010
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