National Green Tribunal directs that no construction till all approvals are obtained by OPG

The National Green Tribunal on 08-2-20012 in a Judgment [Order made available on 14-2-2012 at www.greentribunal.in] directed that no construction activity should take place with respect to the 300 MW (2x150 MW) Thermal Power Plant at Village Bhadreshwar, Taluka Mundra by OPG Power Gujarat till all approvals are obtained by the Project Proponent. Construction had commenced at the site without all the required approvals including the Forest (Conservation) Act, 1980 and CRZ clearance. The ongoing constructions were challenged before the National Green Tribunal by Fisherfolks, Saltpan Worker and local villagers. The work on the project continues despite the fact all required approvals were not in place

The NGT in its judgement cited the environmental clearance letter which clearly stipulates that the project proponent shall not start any construction/ project enabling activities unless and until environmental clearance as well as all requisite prior permission/ clearances are obtained. [Para 13 of the Judgment].

The NGT held ‘that a cumulative reading of all the specific and general conditions…leads to the conclusion that the project cannot commence its activities until prior permission/ clearances are obtained from various authorities under different Acts/ law’.

The NGT further held that ‘it is well settled that in the absence of permission under the Forest (Conservation) Act and CRZ clearance , the EC granted in favour of Respondent No 3 becomes redundant in as much as the said EC is subject to permission and clearance granted under the Forest (Conservation) Act, 1980 and the CRZ clearance”

It is pertinent to point out that the Forest Clearance application was rejected by the Government of Gujarat and the MOEF has on 6^th February, 2012 issued a Show Cause to OPG Groups to show cause as to why the CRZ Clearance should not be kept in abeyance.

As a result of the Present Judgment of the NGT, OPG Power Gujarat cannot proceed with its project unless they secure all approvals and responds to the Show Cause issued by the MoEF with respect to the CRZ Clearance. In case OPG proposes any change, they have to apply to the concerned authorities for approval.

Indian Express

http://www.indianexpress.com/news/Green-Tribunal-flags-red-for-OPG-s-power-plant/912352/

Business Standard

http://business-standard.com/india/news/green-setback-for-opg-power-plant/464748/

Hindustan Times

http://www.hindustantimes.com/India-news/NewDelhi/Green-tribunal-stops-Gujarat-power-project/Article1-811498.aspx

Divya bhaskar Gujarti News

http://www.divyabhaskar.co.in/article/KUT-BUJ-opg-power-plant-green-tribunal-stop-order-2863291.html

Kutch Mitra

http://www.kutchmitradaily.com/News.aspx?id=50800

http://economictimes.indiatimes.com/news/news-by-industry/energy/power/stop-opgs-power-plant-work-at-mudra-untill-it-gets-environmental-clearance-national-green-tribunal/articleshow/11897865.cms

http://www.moneycontrol.com/news/wire-news/stop-opgs-power-plant-work-at-mudra-gujarat-green-tribunal_668318.html

http://www.asianage.com/india/stop-opgs-power-plant-work-mudra-gujarat-green-tribunal-856

http://www.infraline.com/todaynews/National-Green-Tribunal-Directs-Opg-Power-Gujarat-To-Stop-Work-At-Its-300-Mw-Thermal-Power-Plant/1/3/3/02_15_2012.htm

http://www.allvoices.com/news/11516885-green-tribunal-flags-red-for-opgs-power-plan

http://ibnlive.in.com/generalnewsfeed/news/greenmudra-2-last/963749.html

http://www.indiaenvironmentportal.org.in/news/green-setback-opg-power-plant

http://www.deccanchronicle.com/channels/nation/west/stop-opgs-power-plant-work-mudra-gujarat-green-tribunal-387

CAO Dispute Resolution Process on Tata Mundra Coal Project a Failure

Assessment Report does not understand the complex issues and is unfairly protective of the company

Disappointing. This is how we, members of the Machimar Adhikar Sangharsh Sangathan (MASS – Association for the Struggle for Fishworkers’ Rights) see the assessment report of the Compliance Advisor Ombudsman (CAO) on our case against Tata Mundra coal power project. One, CAO fails to understand the deep-seated issues we raised in our complaint. Two, its Ombudsman goes out of the way to justify the company for its omissions and violations.

An assessment begun in August 2011, the report projects, us, the complainants as adamant and unreasonable; that we are not prepared to enter into a collaborative process of dispute resolution. For us, this finding indicates that CAO has fallen into the sweet talk and PR of the company, whose track record in many other projects in the country is notoriously dismal.

The report cites CAO’s view that a collaborative process may have been helpful in this case to address many of the concerns. Had we engaged in an open dialogue, CAO reports, the company could have enhanced benefits such as provision of health and schooling services for fishing communities. This is a very myopic view and a simplistic solution to the complex problems the company has brought to us. The report is also profoundly silent about the violations we have raised in the complaint.

We had pointed out in our complaint the absence of cumulative impact assessment; IFC and its client’s failure to recognize fishing communities as affected population; and the absence of environmental clearance for in-take channel, conveyer belt, port and railway line (all being shared with the adjacent Adani project), and for the open cooling system. CAO purposefully ignored to mention these issues in its report. We do not think CAO fully understands the issues we brought to their attention.

In the report, CAO has not failed to mention that some fishworkers are satisfied with what the company has compensated them, without remembering that the complaint was from the aggrieved communities and not the other. We believe CAO should have covered in its assessment the other adversely impacted people, like the farmers, shepherds/ cattle herders, whose lands have been usurped for the project and the other externality costs.

CAO’s utter failure to accurately assess the broad concerns in our complaint and to ensure a conducive mediation process is disappointing. We hope that the compliance process will be more prudent, objective and forthright in looking at the issues that we have raised, particularly in the context of the poor assessment report, the long-term harms this project has created, and the multiple policy violations.

Hard decisions must be taken to save threatened communities and the marine and land resources from the long-term havocs of the coal power plant. There must be a full audit, not just a desk-based review from distant experts, and ToR for the audit must be disclosed.

**********

Additional information

In June 2011 Machimar Adhikar Sangharsh Sangathan (MASS – Association for the Struggle for Fishworkers’ Rights) sent a complaint to the Compliance Advisor Ombudsman, the recourse mechanism at the International Finance Corporation, of the World Bank Group. The complaint now moves to the compliance arm of the CAO, after the Ombudsman has submitted the assessment report.

The complaint emerged to hold IFC accountable for co-financing the 4,000 MW coal-based Tata Ultra Mega Power Plant. Lodged by fishing and farming villagers, the complaint claims that due to flawed design and execution, including breaches of mandatory client obligations, the mammoth coal-fired power plant is contributing to the destruction livelihood of thousands of families and will cause irreparable damage to their fragile marine resources and agriculture.

With a total project cost of US$ 4.14 billion, the IFC is investing a $450 million loan and $50 million in equity. Other financial institutions funding the project are the Export-Import Bank of Korea, Asian Development Bank, India Infrastructure Finance Co. Ltd., Housing and Urban Development Corporation Ltd., Oriental Bank of Commerce, Vijaya Bank, State Bank of Bikaner & Jaipur, State Bank of Hyderabad, State Bank of Travancore, the State Bank of Indore and other local banks.

As the plant is located in the special economic zone (SEZ) that cuts across fishing grounds, habitat of diverse marine lives and wide expanse of farm land, complainants state that the project’s social impact assessment is significantly flawed. Fishing communities were excluded from the list of those directly impacted; the major damage and potential loss of their livelihood was deliberately overlooked.

On the economic side, the recent Indonesian government’s revision of its coal export pricing structure effectively doubled prices. This revision has immediate and severe impacts on the Tata Mundra plant. Tata Power Managing Director has said that it could become a “non-performing asset” and began actively lobbying the Indian government for a tariff revision as well as a diplomatic push to get the Indonesian government to revise its pricing structure. Whatever happens on the tariff front, if all costs are taken into account, including the huge social and environmental costs, we believe that the project can never be economically viable.

http://www.indianexpress.com/news/world-bank-arm-to-relook-at-its-investment-in-tata-powers-project-in-kutch/912351/0

http://counterview.org/2012/02/15/fishermens-problem-along-mundra-coast-stems-from-wider-issues-of-industrialization-world-bank/

Urgent Press Release : MOEF showcause notice to OPG on CRZ clearance

CRZ application did not disclose the presence of forest land in project area for laying the pipeline for a thermal power plant

Notice seeks explanation from M/s OPG within 15 days on why their
CRZ clearance should not kept in abeyance

In a significant move, the Ministry of Environment and Forests (MoEF) has issued a show cause notice on 6th February 2012 seeking explanation from M/s OPG Power Gujarat Ltd as to why the clearance issued to them under the Coastal Regulation Zone (CRZ) Notification, 2011 on 16th September 2011 should not be kept in abeyance in the light of serious violations by the company in the construction of a 300 MW Thermal Power Plant in the ecologically sensitive Bhadreshwar coast in, Mundra taluka, Kutch District, Gujarat.

This information came to light during a hearing of the National Green Tribunal (NGT) on 8th February 2012 where three separate cases against M/s OPG are being heard challenging environment clearance (issued under Environment Impact Assessment Notification, 2006) and CRZ clearance as well as initiating construction without seeking approval under the Forest Conservation Act, 1980 for diversion of forest land for non-forest use. The cases have been filed by the representatives of the fishing community, salt pan workers and grazing community whose livelihood will be affected with the construction of the project.

The notice states that while seeking approval under the CRZ notification, M/s OPG did not disclose before the Expert Appraisal Committee (EAC) that the route of the sea water pipeline will involve use of forest land. The notice adds that, "the disclosure of information after appraisal of the project amounts to suppersession of information by the project proponent before the Ministry and the EAC at the time of appraisal"

It is important to note that the maps submitted by M/s OPG for CRZ clearance have also not disclosed the presence of forest land near the project area and in the route of the sea water pipeline. According to the show cause notice, M/s OPG has claimed in its reply affidavit in Application No. 32 of 2011 before the National Green Tribunal, that they realised that the sea water pipeline will pass through forest land only after the CRZ clearance had been approved.

Earlier on 15th December 2010, the MoEF had issued a show cause notice to M/s OPG Power Gujarat Ltd as they had initiated construction without procuring the necessary CRZ clearance. The CRZ clearance had been issued on 16.9.2011 following which M/s OPG had applied for approval under FCA, 1980 on 17th October 2011.

In Solidarity

Machimar Adhikar Sangharsh Sangathan
Bhadreshwar Village, Mundra Taluk, Kutch District,
Gujarat. Pin 370411

Activists arrested in Bhadreshwar protesting the illegal construction work of the OPG Thermal Plant

TEN PROTESTORS ARRESTED, VILLAGERS MARCH TO THE POLICE STATION DEMANDING THEIR ARREST OR HALT CONSTRUCTION WORK OF THE OPG THERMAL PLANT

26th November 2011, Mundra - OPG Power Gujarat Limited has again initiated construction of its 300 MW thermal power plant, in its third attempt to break through the deadlock of opposition and regulation that has so far prevented the project from going ahead. The fisherworkers, salt pan workers and grazing communities living on the Bhadreshwar coast are aware of the serious impacts and changes this construction activity will bring to their livelihoods in the near future. Under the banner of Machimar Adhikar Sangharsh Sangathan (MASS) a fishworker's trade union the villagers have been protesting against this initiative since 2009.

The OPG Group’s initial public hearing in 2009 to set up the 300 MW thermal plant was met with unprecedented and unanimous opposition from the local community mainly fishworkers, saltpan workers and farmers whose livelihoods are under threat due to the project. While the state SEIAA was deliberating on the issues, OPG applied to MoEF for expansion to 2600 MW, which clearly shows the mischievous intent of getting the two clearances parallel - 300 MW from the Gujarat State Environment Impact Assessment Authority (SEIAA) and the ToR from the MoEF for the Environment Impact Assessment. The pending approval from the SEIAA was not at all mentioned in the application to the MoEF. This piece of information was only revealed when an RTI application was filed by MASS. A petition was sent to Mr Jairam Ramesh on 26 February 2010 which highlighted the OPG group has deliberately tried to mislead the concerned authorities, and therefore their proposal is liable to rejection invoking Section 8 (vi) of the EIA notification. It is important to note the number of irregularities done by this company. In June 2010, OPG received its environment clearance from Gujarat SEIAA for its 300 MW plant, with 121 conditions, however due to the location along the coast; this project also needed additional permissions under the Coastal Regulation Zone (CRZ), 1991 notification. This permission was denied by the MoEF Expert Appraisal Committee in July 2010. The company was asked to submit a revised proposal clearly stating that the coastal environment would be negatively impacted by the construction of an open channel. In spite of this, the company went ahead with its construction activity due to which it was slapped a show cause notice on 15th December 2010 by the MoEF.

On 16th September 2011 the company got its approval under the CRZ notification, yet again with a long list of conditions attached, however the forest permission (needed to convert lands for non-forest use) has not yet been granted. But the company has started its construction and is going ahead without obtaining necessary clearances. MASS has written a letter dated 1st November, 2011 to the Environment minister, forest department, police department officials highlighting this violation and urging immediate action. (Annexure 1). Instead of taking action to stop the illegal construction, the police department sanctioned police protection to the company for its illegal activities. MASS’ appeals to senior police officials to revoke their support to the illegal activities of the company met with deaf ears. (Annexure 2). Meanwhile, the company, emboldened by the inaction of the environment ministry and the support of the police, went ahead with the construction with the full knowledge that its actions are in clear violation of environment and forest laws.

The activists of MASS opposed this move and since the last four days the women from Bhadreshwar Bandar have been protesting against this unapproved construction with no complete clearance till now, which irked the company and today 26th November 2011, ten leaders and activists of MASS which includes Kirit Singh Javeja, Hussein Kara, Ahmed Majlia were arrested by the police and taken to the Mundra police station. Approximately 300 villagers have marched to the police station in Mundra and are protesting against this arrest and have made it clear to either arrest all of them, as that’s the only way the company can continue its illegal construction.

The people of Mundra coast are waging this struggle to protect the commons on which their survival depends, human dignity and right to livelihoods.

OPG Power Bhadreshwar Third time around the law

Third time around the law

Construction of a project that requires environmental, coastal zone and forest permissions cannot begin until all of these are secured. Or can it? Kanchi Kohlireports.

22 Novemober 2011 - Trouble seems to be brewing along the Bhadreshwar coast. OPG Power Gujarat Limited has initiated construction of its 300 MW thermal power plant, in its third attempt to break through the logjam of opposition and regulation that has so far prevented the project from going ahead. The fenced-off area is receiving drilling and building equipment, and company employees face the ire of fishing communities living in the inter-tidal mudflats.The fisherfolk, salt pan workers and grazing communities living on the Bhadreshwar coast are both livid and tense, acutely aware of the impacts and changes this construction activity will bring in the near future. The inter tidal mudflats and the coastline of the Randh Bander is the source of their thriving livelihoods, and if the thermal power plant comes up this will be gone forever. So, they have gone to court, taken to the streets and even have told the company clearly that they don't have much faith that that there will be minimal or no impacts in the area. India Together has covered this struggle extensively in previous article - (seehere, here, here and here.Bhadreshwar is the second largest fish production centre on the Kutch coast in Gujarat. It is estimated that nearly 6000 fisherfolk from Bhadreshwar, Luni, Tuna and Sangad villages have been using the Randh Bander for traditional fishing for over 200 years. Boat fishing is carried out upto 10 km from the coast and pagadiya (on foot) fishing is carried out on a 10-km stretch along the coast (5 km on each side of the Bander).OPG in BhadreshwarAccording to a 17 January 2011 news release on the group's website, the OPG group has signed a Memorandum of Understanding with the Gujarat government for a power generation production capacity of 5400 MW in the state. This includes 1400 MW Gas based power generation, and the rest is with coal which the company proposes to receive through the port operated at the neighbouring Mundra coast, run by the Adani group.The Machimar Adhikar Sangharsh Sangathan (MASS) a fishworker's trade union in Bhadreshwar, had pointed out the first instance of legal infirmity by the OPG group back in 2009-2010. OPG first disclosed its proposal to set up a 300 MW thermal power plant in Bhadreshwar village of Mundra taluka and applied for environment clearance from Gujarat State Environment Impact Assessment Authority (SEIAA). As per the Environment Impact Assessment (EIA) notification 2006, thermal power projects under 500 MW are termed as 'Category B' and need to take permission at the state level (larger 'Category A' projects need approval from the MoEF in New Delhi).Since OPG's future plans were not limited to development of 300 MW on the Bhadreshwar coast, on 3 December 2009 the group submitted an application to the MoEF for establishing the Terms of Reference (ToR) to prepare an Environment Impact Assessment report for the expansion of the plant from 300 MW to 2600 MW. This letter made no mention of the fact that application for the 300 MW plant has not yet been granted approval. If it were not a Right to Information (RTI) application which was filed by MASS which revealed the details of the expansion, these two clearance processes would have gone along in parallel.With this information in hand MASS representatives wrote to the then Minister of Environment and Forests (MoEF), Jairam Ramesh seeking the Ministry's intervention and pointing to these irregularities. The letter on 26 February 2010 highlighted the OPG group has deliberately tried to mislead the concerned authorities, and therefore their proposal is liable to rejection invoking Section 8 (vi) of the EIA notification.But no such action was taken. Meanwhile, in June 2010 OPG received its environment clearance from Gujarat SEIAA for its 300 MW plant, with a long list of 121 conditions - one of the longest in the history of environment clearances granted. But because of its location along the coast, this project also needed additional permissions under the Coastal Regulation Zone (CRZ), 1991 notification.This permission was denied. OPG's proposal to build an intake channel to the thermal power plant along the coast was rejected by MoEF's Expert Appraisal Committee (EAC) for Building Construction, Coastal Regulation Zone, Infrastructure Development and Miscellaneous projects in July 2010. The committee felt that the coastal environment would be negatively impacted by the construction of an open channel, and instead suggested that OPG could consider the construction of a pipeline instead, to provide for water requirements of the 300 MW plant. The company was to submit a revised proposal.However, with no CRZ clearance in hand the company announced its Bhoomi Pujan to initiate the construction activity in November 2010. Evidence indicated that OPG had undertaken land-filling and cutting of trees without the CRZ approval this. This came to the notice of the fisherfolk when invitation cards were distributed widely in the area. MASS took it upon themselves to point out this irregularity to the MoEF.

MoEF issued a show cause notice to the company asking it to explain why it had begun construction without the necessary approvals.

• A sham again

• A crevasse in regulation

• The clock is ticking

• The cost of the coastIt was only following this that the officials of the Ministry issued a show cause notice on 15 December 2010 to the company, asking why construction activity had been undertaken prior to the approvals being granted. However, although the fisherfolk had been instrumental in raising many of the issues in the show-cause notice, the exchange between the MoEF and the company took place with no involvement of the locals.Another instance of construction without approvalsOn 16 September 2011, the company got its approval under the CRZ notification, this time too with a long list of conditions attached. But this story does not end here, since the forest permission (needed to convert lands for non-forest use) is still pending. However, this time too the company has gone ahead with the construction, prompting one more outcry from the locals.Information received through an RTI application by Kiritsinh Naruba Jadeja in October 2010 indicates that the forest clearance procedure is far from complete. The company has applied for the diversion of recently, and the application is yet to be processed. MASS and the fisherfolk have brought this to the attention of the Minister of Environment and Forests, Jayanthi Natrajan and senior officials of the Ministry. A complaint has also been filed before D K Sharma, Chief Conservator of Forests (CCF), Bhuj but no action has been taken as yet.The fishworkers and other coastal communities of Kutch, have also written to T Chatterjee, Secretary, MoEF, seeking his intervention to reject the CRZ clearance for intake/outfall pipelines for the OPG power project on various grounds. Some of these include the fact that the pipelines are proposed right next to Randh Bander which is Kutch's second largest fish production centre, which is the only source of livelihoods for thousands of traditional fisherfolk in the Mundra coast.Further, due to high eroding nature of the Bhadreshwar coast, the sand dunes keep shifting continuously and the proposed pipelines pose a risk to the sand dunes at present and in future. Moreover, the appeal says the Gujarat Fisheries department has opposed the OPG project in the area, and has plans to develop Randh Bander into a modern fish landing centre.Amidst all this, an old way of life goes on in the area - with the sounds of the waves, the array of Bombay Duck fish left for trying around fishing shelters, the conversations with the people as they mend their fishing nets, and the flamingoes that visit Randh Bander year after year. Without the simple right to determine their own destiny, another local community struggles to come to terms with a system that casts them aside in the pursuit of 'national development'.

⊕Kanchi Kohli

22 Nov 2011

Link:- http://www.indiatogether.org/2011/nov/env-opg.htm

URGENT APPEAL STOP THE ILLEGAL CONSTRUCTION AND POLICE PROTECTION FOR THE CONSTRUCTION OF THE 300 MW PLANT BY M/S OPG POWER PVT LTD IN BHADRESHWAR, KUTCH GUJARAT IN VIOLATION OF THE FOREST CONSERVATION ACT, 1980

It is with deep urgency that we are writing to you to point out the second instance of illegal construction activity being carried out by M/s OPG Power Pvt Ltd in Bhadreshwar, Mundra taluka of Kutch district. The construction is illegal as it is a violation of Forest Conservation Act (FCA),1980 because the company has not yet received forest clearance for the project. We have raised the issue with the environment ministry and sadly no action has been taken to stop the illegal construction activity. It is shocking to know that the illegal construction activity is being done with the support of the police and there. We are in possession of a letter from OPG to the SP, Kutch making payment for the police protection that has been sanctioned for the illegal construction activity. A recent Indian Express article quoted a forest official stating that illegal construction activity is indeed going on and the forest department was not taking action due to lack of jurisdiction. We would be happy to share any documents your require for information. [SEE LETTER TO DIRECTOR GENERAL, POLICE, GUJARAT PASTED BELOW AND LETTER TO JAYANTHI NATRAJAN, MINISTER OF ENVIRONMENT AND FORESTS ATTACHED]

We appeal to you to send an email or fax to the following persons to take strong action against the company, withdraw police support for its illegal activities and reject the environmental and CRZ clearance for the project. Your appeal could state along with attached documents:

“We endorse the complaint letter sent by the local communities pointing out the illegal construction activity by 300 MW thermal power plant by M/s OPG Power Pvt Ltd in Bhadreshwar, Mundra, Kutch Gujarat and urge you to immediately take action to withdraw police protection for the illegal construction and reject the environment and CRZ clearance for the project ” Please send the message by email or fax to 1. Director General of Police, Gujarat ( Fax 079 23246338, E-mail : dgp-gs@gujarat.gov.in)

2. Jayanthi Natrajan, Minister of Environment and Forest (Fax: 011- 24362222 E mail: jayanthi.n@sansad.nic.in and mosefgoi@nic.in)

3. B.K.Sharma, Conservator of Forests, Bhuj, Kutch (Email: cfkutchad1@sanchamet.in; Office No: 02832 220937)

Please mark a copy of your email appeal to mass.kutch@gmail.com, so that we can send a consolidated list to the SP, Kutch.

For more information on the issue and history of the struggle please see: http://masskutch.blogspot.com

1st November 2011

Ms. Jayanthi Natarajan

Union Minister of State Ministry of Environment and Forests

Paryavaran Bhavan,

CGO Complex New Delhi-110003

Subject: Urgent intervention to stop the Illegal Construction of 300 MW thermal power plant by M/s OPG Power Pvt Ltd in ecologically fragile area of Bhadreshwar, Mundra Gujarat in violations of the Forest (Conservation) Act, 1980 Reference: Show cause notice issued to M/s OPG Power Pvt Ltd by Ministry of Environment and Forests and our submission to Shri T.Chhaterjee regarding cancellation of the CRZ clearance

Dear Ms. Natarajan, It is with deep urgency that we are writing to you to point out the second instance of illegal construction activity being carried out by M/s OPG Power Pvt Ltd in Bhadreshwar, Mundra taluka in the ecologically fragile Kutch district of Gujarat. In November 2010, we had brought to the attention of the Ministry of Environment and Forests (MoEF) that the said company had initiated construction activity without the requisite approval under the Coastal Regulation Zone notification, 1991. The officials of the Ministry had issued a show cause notice on 15th December 2010 (See Annexure 1) to the company seeking explanation on why construction activity had been undertaken prior to all approvals being granted. This was following a site visit led by Dr. A Senthil Vel, Additional Director, MoEF on 6-7 December 2010, and included officials of the Gujarat Pollution Control Board and Gujarat Ecological Commission. The company had stopped the construction of the plant just prior to the site visit and after mass local protest against the construction. Following the grant of CRZ approval in September 2011, the company has now once again initiated construction at the project site. Truck loads of building material have been brought and dumped at the site and construction activity has been initiated. We are attaching photographs as evidence (See Annexure 2). However, we would like to be bring to your attention that the company has applied for the diversion of 3.6768 hectares of forest land only on 17.10.2011 and the application is yet to be processed. We are attaching the original as well as the translation of the response to an RTI application which has been received on 24.10.2011 for your reference which clearly indicates the above (See Annexure 3). This is the second time that M/s OPG has initiated construction activity completely disregarding the various environmental laws and procedures prescribed by the MoEF. With regards to the violations under the FCA we would like to reiterate the Section 4.4. of the Guidelines issued under the FCA which clearly indicates that no construction activity for a project involving both forest and non-forest land can be initiated prior to the forest clearance issued under the FCA. This applies to initiating construction activity even on non-forest land. We are attaching the letter issued on 21st March 2011 by MoEF strongly reiterating this position. We would also bring to your attention that the fishworkers and other coastal communities of Kutch, have written to Shri T.Chatterjee seeking his intervention to reject the CRZ clearance for intake/outfall pipelines for OPG power project on various grounds. Some of these include, The intake/outfall pipelines are proposed right next to Randh Bander which is Kutch’s second largest fish production centre, which is the only source of livelihoods for thousands of traditional fisherfolk in the Mundra coast. Due to high eroding nature of the Bhadreshwar coast, the sand dunes keep shifting continuously and the proposed pipelines pose a risk to the sand dunes at present and in future. Moreover, the Gujarat Fisheries department has opposed the OPG project in the area, and has plans to develop Randh Bander into a modern fish landing centre. Over the last few years we have written to the MoEF repeatedly highlighting the ecological and social importance of the area. M/s OPG has at several points of time disregarded legal procedures as they are doing so again now. While the current and previous instances have been stated above we would also like to bring to your attention that the company had simultaneously applied for the clearances for the 300 MW plant with the State Environment Impact Assessment Authority (SEIAA) for the expansion of 2600 MW before the MoEF without waiting for the decision of the SEIAA. The application was rejected when this was brought to the attention to the MoEF following a response received under Right to Information. We attach copies of the RTI response and MoEF's action taken as Annexure 4. Given the history and reputation of the company with repeated violations we have no faith that they will give regard to the interest of the local communities as initiated in the clearance conditions. We do hope that the need for this will not arise as M/s OPG will not be allowed to build the plant in the area which will disenfranchise a thriving fishing community and their fishing cultures. Moreover it will significantly impact one of the most fragile and biodiverse inter-tidal belts in the country today. We therefore urgently seek your intervention to: 1. Initiate Action against M/s OPG Power Gujarat Limited for repeated violations of environmental laws and specific violations of the Forest (Conservation) Act, 1980. 2. Direct the M/s OPG Power Gujarat Limited to immediately stop any construction activity or procurement of material in the area as it is in violations of the Forest (Conservation) Act, 1980. 3. Reject the proposal of the M/s OPG to construct the thermal power plant in the area on grounds of ecological and cultural fragility of the area and impacts on thriving fishing livelihoods. We sincerely look forward to your immediate action in this regard to put a stop to the illegal construction activity taking place in the area.

Thanking you. Yours Truly,

Kutch fishermen write to MoEF against proposed power plant

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ADAMHALLIDAYTags : OPG Power Ventures, Jayanthi Natarajan,Machimar Adhikar Sangharsh Sangathan, Kutch fishermenPosted: Thu Nov 03 2011, 02:43 hrsAhmedabad:The 300-MW coal-based power plant proposed by OPG Power Ventures PLC near Bhadreshwar village in Kutch district may hit another hurdle. Local fishermen have written a letter to Union Minister of Environment and Forests Jayanthi Natarajan attaching RTI replies which suggest the company may have tripped the same wire twice — beginning constructions without obtaining necessary clearances.The Union Ministry of Environment and Forests (MoEF) had in De

cember 2010 pulled up the company for beginning constructions at the site without obtaining Coastal Zone Regulation (CRZ) clearance for its intake and outfall channels — pipelines that would carry water to and from the sea to the plant.The company had set up barbed wire fences around the site, cleared vegetation, levelled the soil and initiated soil testing and compacting, according to a site inspection report by MoEF’s additional director A Senthilvel.Ads by GoogleSenthilvel’s visit and consequent actions had put a stop to the company’s work there and, after roughly nine months, a final clearance was given to the project in September 2011 after the company agreed to several riders; these included provisions of Rs 108 crore as Corporate Social Responsibility (CSR) and environment measures by the company as well as several infrastructure re-designs that would mitigate adverse effects on the local pollution.But recently, the local fishermen’s association obtained RTI replies that showed the company applied for clearance to use about 3.6 hectares of forest land that would be part of the project. Although the application was made on October 17 and is currently pending at the office of the Chief Conservator of Forests, Kutch, OPG has apparently begun work on the plant site.This gains significance because in March 2011, the MoEF had issued a circular to all state and regional agencies under it, stating that such a move is not allowed. “Some projects involve use of forest land as well as non-forest land. State governments/project authorities sometimes start work on non-forest land in anticipation of the approval of the central government for release of the forest lands required for the projects,” the circular said.“Though the provisions of the (Forest Conservation Act 1980) may not have technically been violated by starting of work on non-forest lands, expenditure of works incurred on non-forest lands may prove to be infructous if diversion of forest land involved is not approved. It has, therefore, been decided that if a project involves forest as well as non-forest land, work should not be started on non-forest land till approval of the central government for release of forest land under the Act has been given,” it added.The Machimar Adhikar Sangharsh Sangathan (MASS) has attached copies of the RTI replies and this particular circular to the letters it sent to Natarajan. The association has asked the minister to initiate action against the company and cancel the permission for setting up the plant. “Bhadreshwar is an important location for fisheries. Also, there is a proposal with the government to develop a fish landing centre in Bhadreshwar,” the letter said.Interestingly, even the state fisheries department has supported MASS’s stand. Last year, the deputy commissioner (fisheries) had asked the Kutch district collector to cancel the approval given to OPG, saying the “local fisherfolk/fishing is likely to be affected by the power plant which is coming up in Bhadreshwar village of Mundra taluka”.MASS is a fishermen’s association that claims a membership of 5,000, and has spearheaded a three-year long agitation against the power plant fearing it would damage nearby saltpans, kill fish in the sea and affect the inter-tidal mud-flats where the fishing community has for generations practiced a traditional form of fishing — pagadiya.

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ndiaBoat rally from Kutch to protect coastal environmentBhuj | Tuesday, Oct 4 2011 IST Dr Kanubhai Kalsaria, rebel BJP MLA from Mahuva who spearheaded farmers protest against Nirma company s cement plant, has announced a boat rally from Randh port in Kutch to Umargam port in South Gujarat to protect coastal areas from industrial pollution. Addressing a meeting of fishermen, farmers and salt workers at Randh port in Bhadreshwar taluka of Kutch yesterday, Dr Kalsaria said the state government s approach towards industries is that of a mythical figure Dhritrashtra , who does not want to see anything but the industries. The state government is insensitive to the concerns of farmers, fishermen, salt workers and cattle-owners , he said. The BJP leader said the dates for the boat rally will be finalised shortly. The purpose of the rally is to create awareness among the people about the need to protect the environment along Gujarat s 1600 kms coastline. Veteran socialist leader Sanat Mehta said if the fishermen, farmers and salt workers failed to wake up against the upcoming industries, they will have to lose their traditional means of livelihood. The people of this area have been opposing upcoming power plant of OPG company, he added.

The cost of the coast

MUNDRA
The cost of the coast
The people of Mundra coast face a constant struggle to protect their commons, rights and the very socio ecological character of the region from the massive land use changes around them. Kanchi Kohli reports.

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30 August 2011 - Nearly 5000 fisher folk, salt pan workers, pastoralists and farmers of the Mundra coast embarked on a padayatra in early August, to Save the sea, Save the land, Save the environment of their region. The march, which started from Bhadreshwar village on 3 August reached the district headquarters in Bhuj on the following day, where a 31-point memorandum was submitted to the District Collector.

The march travelled through the villages of Wadala, Mokha Chokri, Kundhrodi, Patri, Wanki, Tappar, Babia, Kera, Baldiya, and Bharapar, and at each point more people joined in to walk in unison to protect their lives cultures and livelihoods which has been severely impacted by indiscriminate industrial expansion in the area.

Mundra is a coastal taluka in Kutch, the largest district of Gujarat. The area is known for its rich biodiversity, with a fascinating interplay of inter-tidal mudflats, mangroves housing a rich diversity of seaweed, corals, fishes and an array of marine life. The Mundra belt has always been considered to be extremely ecologically fragile. The region supports the lives and livelihoods of fishing, pastoral and farming communities, and their salt panning activity. The Kutch region is also internationally known to be a bird watching paradise - it is a very critical habitat for a number of resident and migratory birds, with Mundra itself being no exception.

All this ecological sensitivity and unique cultural significance has been under threat for quite some time now - due to rising industrial investments, especially from private sources. One of the most significant investors and developers of the Mundra coast has been the Adani group, which has spread over the Mundra landscape with its port facilities and power plants for which ore is imported from Adani-owned mines in Indonesia. The Tatas too have established themselves, and have set up a massive thermal power plant.

Government reports on the Mundra coast have repeatedly highlighted the huge environmental impacts in the area due to the rapid industrial expansion. A report of H S Singh, Chief Conservator of Forests, Gujarat Forest Department published in early 2007 pointed to the drastic loss of mangrove forests, mainly from industrial activities, specifically in the Gulf of Kutch. The report also brought out that in certain areas along the Gujarat coast like Mundra and Hazira, the mangroves disappeared overnight. The Mundra Special Economic Zone (SEZ) area set by the Adani group included 3000 hectares of mangroves, and much of this has been cleared.

Government reports on the Mundra coast have repeatedly highlighted the huge environmental impacts in the area due to the rapid industrial expansion. • Women warriors of the sea • Exempt, but not exempt • The clock is ticking

For the people of Mundra coast, this massive and and fast paced transition is now an everyday story. Theirs is a constant struggle to protect their commons, rights and the very socio ecological character of Mundra and surrounding coastlines from the massive land use changes being facilitated through approvals from the centres of power. The affected people have tried petitioning, dialogue with government officials, legal action, street protests and also sought media support at various points of time.

After continuous lobbying efforts, the Ministry of Environment and Forests (MoEF) in December 2010 carried out a site inspection around the operations of two companies in Mundra. This was in response to a complaint filed by Machimar Adhikar Sangharsh Sangathan (MASS) highlighting specific violations of the Coastal Regulation Zone (CRZ) notification and other laws. These were the operations related to the Adani-owned Mundra Port and SEZ Ltd (MPSEZ) and the OPG group which has proposed a thermal power plant to be set up in Bhadreshwar. The site visit was led by Dr. A Senthil Vel, Additional Director, MoEF on 6-7 December 2010, and included officials of the Gujarat Pollution Control Board and Gujarat Ecological Commission.

The site inspection confirmed the violations, and that both the OPG group and the MPSEZ were issued show cause notices on 15 December 2010. MPSEZ was questioned amongst other things about large scale reclamation using dredged material, mangrove destruction, obstruction of creeks and the natural flow of seawater, construction of a township and an airport without permissions, and so on. These were also considered to be violations of conditions laid down by the MoEF and accepted by MPSEZ when the waterfront development activities of the company were granted environment clearance under the Environment Impact Assessment Notification on 12 January 2009. MPSEZ was asked to respond to this show cause notice within 15 days.

What is ironic is that the decision on this show cause notice is still pending eight months after the notice was issued, and MPSEZ's activities are continuing unabated. The reason for the delay was a response that was awaited from the Gujarat Coastal Zone Management Authority (GCZMA) which was in turn waiting for CRZ demarcation maps based on which it could be ascertained whether legal violation has taken place or not.

It does not seem to matter if the destruction of mangroves, creeks, mudflats, inter tidal areas and many other fragile areas are ravaged completely and irreversible land use change be allowed for, irrespective of whether it is done legally or not. Social and environmental impacts will not be less irreversible if an activity has a official license or not.

The padayatra. Pic credit: MASS

The padyatra was an attempt to draw attention to this larger question. Among other things, it highlighted the complete dependence of the fish workers of Mundra on their traditional trade. The power plants create massive intake and outtake channels that have severely curtailed their access to the sea. Additionally, the discharge from the plants into the sea is of much higher temperatures than the sea, leading to dramatic impacts on ecosystem on which plankton and other sea life are dependent.

In the past few years fisher folks on the coast of Kutch have already reported significant reductions of their fish yields. Tragdi village, which is well known for lobster fishing, saw negligible yield during the 2010-2011 fishing season, said a press release issued during the padyatra.

The memorandum submitted to the District Collector has highlighted the extent and range of impact in the region. One specific instance elaborated was that of setting up of the 300 MW thermal power plant by the OPG group which has signed a Memorandum of Understanding with the Gujarat government for a production capacity of 5000 MW. Pointing to the impacts from OPG's first phase of operations, the memorandum states that the plant will impact the lives of over 6000 fisher folk in Bhadreshwar. In addition, the livelihood of 5000 salt-pan workers and 7000 farmers and Maldharis, who depend on the gauchar (grazing) land of the village and on farming, is also threatened by the OPG power plant (see this earlier article).

The memorandum, with its 31 contentions, has requested the Collector to ask the government to safeguard the constitutional right of life, and the dignity of the people of the area. It has also sought clear accountability from the government with respect to its facilitation of extractive industrial takeover of the Mundra coastline.

While the people's determination is yet again inspiring, the real question is: what can we expect from the decision-making desks?
⊕

Kanchi Kohli
30 Aug 2011

Kanchi Kohli is based in New Delhi and a member of the Kalpavriksh Environmental Action Group.

MASS Padyatra

Machimar Adhikar Sangharsh Sangathan

Address: At & Post Bhadreshwar, Ta: Mundra, Kutch – 370411

Email: mass.kutch@gmail.com Phone: 9426469803 Website: http://masskutch.blogspot.com

Reference Date August 4, 2011

Press

Release

Concluding their historic journey in Bhuj today over 5000 fisher folk, salt pan workers, pastoralists, and farmers from several villages in Mundra Taluk submitted a memorandum to the collector’s office today. United under the banner “Save the sea, save the land, save the environment” the fisher folk and farmers were protesting the destruction of their livelihood by power plants in the area constructed by industrial giants such as Adani and TATA. They beg

an their historic padyatra from Bhadreshwar yesterday and were joined by Punamben Madam, BJP MLA Mahua Dr. Kanubhai Kalsaria and Local Leader Kiritsinh Jadeja , Husen Kara, Amd Elias Majaliya also present at the inauguration of the padyatra spoke passionately about the needs of fisher folks and salt pan workers. The Padyatra stopped at Kera gaam and spent the night with lively songs, slogans, and speeches on their efforts to save their livelihood. Leaving early next morning the yatra reached Bhuj mid day to be joined by more people in support and solidarity of the movement.

The padyatra was initiated by the threat of destruction of bhanders (where fisher folk live during the 9 months fishing season) by the British based OPG power plant and the KPGL power plant (Kutch Power Generation Limited). The two power plants have severely curtained the fisher folk’s access to the sea as well as destroying their fish yield as a consequence of the outlet channels. The energetic gathering which included women and children bearing signs and slogans highlighted issues that have threatened their livelihood for the past several years.

The 31 point memorandum that was submitted to the collector’s office detailed the adverse impact on the lives of all these communities by companies such as ADANI Mundra Port and SEZ, KPGL, OPG and TATA power plants. The memorandum states that in Bhadreshwar the lives of over 6000 fisher folks are at stake should the OPG plant come up. In addition, the livelihood of 5000 salt-pan workers and 7000 farmers and Maldharis, who depend on the Gauchar land of the village and on farming, is also threatened by the OPG power plant. Mega Ports, SEZs, power plants, desalination plants are concentrated on the coastline between Bhadreshwar and Mandvi which has been declared ecologically sensitive and is the home of traditional communities involved in fishing, salt making, agriculture and animal husbandry. According to the study conducted by the Institute of Ocean Management, Anna University, Chennai the coastal strip from Luni to Vandi is especially susceptible to erosion, and should the power plants be established the area will suffer irretrievable damage. The Mundra coastline is unique for its mangrove forests which is a delicate ecological system that harbours crustacean and other protected species and provides a natural defence against cyclones. However since 1998, 3000 hectares of mangrove forests have been illegally destroyed by Adani group. In spite of media attention and ministry’s assurances that action will be taken, no action has been taken so far and the destruction of mangroves continues till date.

Furthermore, recognizing the severe problem of fresh water shortage in the area, the Government of Gujarat has already spent the sum of Rs. 8 crores on the area between the OPG Power Project and KPGL Power Ltd in order to create bunds to prevent salinity by conserving rain-water. However the power projects will render the effort a failure.

People fear that the Gulf of Kutch has exceeded its carrying capacity due to indiscriminate industrial expansion on either side. However the government has no study of the combined impact of the effluent discharged by all the industries and approves every project by examining each project individually. In the interests of the communities that survive on the natural resources of the Gulf of Kutch, It is imperative to understand the cumulative impact of all the industries to ensure that the ecology of the Gulf of Kutch is not irreversibly damaged and destroyed.

In addition to the destruction of the marine environment, land in Mundra has been severely affected. The corrosive smoke discharges from coal burning in the power plans have already caused extensive damage to salt pans, which is a major occupation in the area (Kutch produces nearly 70% of Gujarat’s salt production). Salt is gathered for drying onto flats, because of the smoke discharge, the top layer of the salt turns black and affects the quality. Efforts to maintain quality by removing the entire top layer results in a significant loss in weight to the output of salt pan workers who are finding it increasingly hard to eke out a living. The smoke discharge has also had an adverse impact on fisher folk who dry their fish on lines before it goes to the market. Similar to the salt, the smoke discharge sticks to the drying fish affecting their quality and making them unsuitable for consumption. While smoke stacks cause damage to the salt pans, the intake and output lines to cool the power plants have resulted in increasing the salinity of the ground water in several villages. For instance 1600 hectares of chikoo, coconut and date farms have been destroyed as consequence of ground water salination due to the Adani’s sea water channels in the area. The channels draw large quantities of sea water and lead to destruction of marine organisms, including fish, thereby affecting the livelihoods of fisher folk. On the 15^th of December 2010 the company was served a show-cause notice by the Ministry of Forest and Environment as this illegal encroachment violates the CRZ Notification. However, despite the show-cause notice no worthwhile action has been taken either by the company or by the administration.

The fish workers of Mundra solely depend on fishing and are particularly vulnerable because they need access to the sea and the fish to make a living. The power plants create massive intake and outtake channels that have severely curtailed fisher folk's access to the sea. Additionally, the discharge by the plants into the sea after cooling the plant is of water temperatures higher than the sea. Even small changes in water temperature of the sea results in dramatic impact of the fragile ecosystem on which plankton and other sea life are dependent. In the past few years fisher folks on the coast of Kutch have already noticed drastic change resulting in significant reduction of their fish yields. In Tragdi village for example, which is well known for lobster fishing, during the 2010-2011 fishing season, the yield of lobster was negligible.

The combined impact of the projects on the environment, land and sea has long term impact on the lives of large traditional communities of Kutch. Realising that their future is bleak and their very survival is under serious threat, the fisher folk, salt pan workers along with pastoralists and farmers united with the fisher folk under the banner of the Machimar Adhikar Sangharsh Sanghatan the memorandum to the collector asked the government to safeguard the constitutional right to live and dignity and seek accountability from the Government demanding that they be allowed to pursue their traditional livelihoods and lead a dignified life.

Jairam announces special panel to monitor Gulf of Kutch

The Kutch Fishworkers welcome the Environment Minister's announcement to form a special panel to monitor the entire Gulf of Kutch and aupport the measures taken by the Ministry to protect the unique ecology of the Gulf of Kutch which is critical for the survival of the coastal communities. To read more about the Gulf of Kutch ecology and the traditional communities along the Kutch coast:
Ecological Significance of the Mundra Coast
Kutch Coast - People, Environment and Livelihoods

To support the fishworkers demands and the ministry's efforts to protect the Gulf of kutch ecology and the livelihoods of coastal communities, please sign an online petition http://www.gopetition.com/online/33561.html

Express News Service Posted online: Thu Mar 03 2011, 04:27 hrs
Jamnagar : The Environment Minister says MoEF does not intend to hamper economic activity, but considers the gulf a ‘very sensitive’ area
Union Environment Minister Jairam Ramesh on Wednesday announced that a special monitoring committee will be formed for the entire Gulf of Kutch and not just the Marine Wildlife Sanctuary, saying “we believe the Gulf of Kutch is a very sensitive area”.

Speaking at the inauguration of National Centre for Marine Bio-Diversity Centre (NCMB) here, he said a notification to this effect will be issued in three days.

The announcement comes less than a month after the state’s environment secretary, S K Nanda, requested that only “ecologically sensitive” areas in both the gulfs off Gujarat (Kutch and Khambat) be declared as Critically Vulnerable Coastal Area (CVCA) and not the entire gulfs.

Various areas along the country’s coastline have been declared CVCAs, most notable among them is Sunderbans in West Bengal. Nanda had made the request during a meeting of state secretaries to discuss the Coastal Regulation Zone notification, 2011, last month.

But Ramesh made it clear that the ministry “does not intend to hamper economic activity at all” but at the same time, considered the Gulf of Kutch an important area that needs comprehensive attention.

The Kutch coast has experienced rapid industrialisation in the recent past and holds at least two ultra-mega power plants (with a capacity of 4,000 MW or above) and two major ports (Mundra and Kandla) besides numerous small and big industrial units.

Such activities have not gone down well with locals in many areas. Many fear that large-scale industrialisation would disrupt the means of livelihood as a major part of the coastal population depends fishing, salt pans, agriculture and animal husbandry.

They have often requested, in writing to various officials, that a carrying-capacity study be done for the Kutch coast before industrialisation plans are laid.

Satellite images of Mundra coast sought from Adanis

Jairam Ramesh said the Union Ministry of Environment and Forests (MoEF) has asked the Adani group to provide satellite images of the Mundra coast that show the status of the area before and after the Rs 29,610-crore multi-product SEZ and port came up there.

The MoEF, he said, had received a reply from the Adanis following a site visit by A Senthilvel, additional director, in December 2010, and a subsequent show-cause notice to the group.

The notice had asked the business house as to why it should not dismantle certain constructions that it said were built without permission and which was disturbing the ecology, as well as why environmental clearances given to it earlier should not be revoked in the face of the breach of laws.

A spokesperson for the Adani group had told The Indian Express then that all the constructions carried out in the area were done after obtaining clearances.