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.