Mundra Hit Rakshak Manch[1]

(Forum for Protection of Rights in Mundra)      

Mundra Taluka, Kutch District, Gujarat

21^st November 2013

Shri Harshad Patel

District Collector, Kutch District

Bhuj, Gujarat

Subject:District Level Implementation of the critical clauses of the Coastal Regulation Zone (CRZ), 2011 notification.

Dear Shri Patel,

Greetings on World Fisheries day from the members of the Mundra Hit Rakshak Manch. We are a forum of affected people and mass based organisations who have been raising concerns related to large scale industrial expansion in the Mundra region of Kutch district of Gujarat. While we have been raising concerns at an individual level in our villages we have now come together as part of the Mundra Hitrakshak Manch.

As you are aware, the Kutch coast is not just a unique ecological hotspot but its vast inter-tidal zone and inland areas have support a variety of livelihoods. These include artisanal fishing, salt production, agriculture, animal husbandry (including pastoralists) and horticulture. We believe that it is only with our collective efforts and through active implementation of our existing laws and policies we will be able to ensure sustainable development along the Kutch coast. It is for this we look forward to your immediate and continued cooperation.

As you are aware, the Coastal Regulation Zone (CRZ) Notification, 2011 in its Clause 6 (c ) has the specific provision for setting up District Level Coastal Committees (DLCC) to assist the Coastal Zone Management Authority (CZMA) of the state in enforcement and monitoring of the CRZ notification. The order of 14^th October 2013 by the CZMA lists out the possible composition of the DLCC and a wide range of functions for the same.

As Chairman of this DLCC, we do hope you would take the lead in setting up a vibrant and active DLCC for livelihood protection and conservation of the Kutch coast. The Manch and its members will be extremely happy to work on and with the DLCC in all its activities and we would like to extend our full support to the district administration for the same.

We would request you to call for a meeting of the DLCC as soon as possible and expand the scope of local participation in the same. While the CRZ notification, 2011 mandates that a minimum of three representatives from the fishing community should be part of the DLCC, we hope given the vastness and diversity of the Kutch coast, there would be a possibility to expand the scope of participation. We hope that the Kutch DLCC will be able to find representation of different occupations of the coastal people residing in CRZ areas as well as many more fishing community representatives, especially

those practicing artisanal fisheries.

We also hope that through your initiative, the DLCC will also be able to a play a significant and path-breaking role ensuring a leadership role for the DLCC in the preparation of the Coastal Zone Management Plan (CZMP) for Kutch. This will be crucial input into the state level CZMP being prepared by the Gujarat CZMA. We, the members of the Mundra Hit RakshakManch would be keen to participate actively in the preparation of the CZMP, which can become a vision document for the Kutch coast.

We would also like to share with you that we have recently been part of a day long training program and discussion on the CRZ notification, 2011 organised by UjjasMahilaSangathan in Mundra. Representatives from Namati-Centre for Policy Research Environment Justice Program who have put together simple and pictorial material on the CRZ notification were also part of this discussion. We take this opportunity to share copies of the Gujarati and English material with you, which we have found useful. We hope that as District Collector you can consider directing similar programs along the Kutch coast where we, and our network members knowledgeable about this law can actively participate.

We look forward to your response, cooperation and working together for the protection of local livelihoods and sustainable development of the Kutch coast.

Sincerely,

Harun Sale Kara                                                        Gajendrasinh Jadeja

Bhadreshwar  Village                                                 Navinal Village

Haji Ayub Osman Majalia                                         Haresh Shamji Mahraj

Bhadreshwar  Village                                                 Bhujpar Village

Ibrahim Manjaliya                                                     Sanjay Bapat

Bhadreshwar                                                              Mundra Village

Usmangani                                                                  Vimal Kalavadiya

Setu                                                                             Namati

                                               

Bharat Patel                                                               Abhu Kasu Manjaliya

MASS, Kutch                                                              Bhadreshwar Village

Encl:Legal Awareness material related to CRZ Notification, 2013

CC: 1. Hardik Shah, Member Secretary, Gujarat CZMA

        2. V. Rajagopalan, Secretary, Ministry of Environment and Forests

        2. E. Thirunavukkarasu, Additional Director, Ministry of Environment and Forests

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[1]Mundra Hit Rakshak Manch(Forum for Protection of Rights in Mundra) is an informal collective of villagers impacted by large scale land use change due to large scale industrial expansion in the Mundra region. These persons and organisations have been regularly raising concerns against the social and environmental impacts of these projects through memorandums and street action as well as through courts. The forum was organically formed in June 2012 during the discussions of the community-led ground truthing of violations by projects in Kutch.

Fishermen move HC against PGCIL’s embankment

Express News Service Posted online: Sat Feb 12 2011, 03:39 hrs

Ahmedabad : Three fishermen from the region have moved the Gujarat High Court challenging the alleged bunding of the Surajbari Creek in Kutch district by the Power Grid Corporation of India Limited (PGCIL) to lay power transmission lines.

In a Public Interest Litigation, the three have demanded direction to the authorities concerned to ask PGCIL to remove the bunding and pay compensation for the damage done to the local wildlife and livelihood of the poor fishermen.

Acting on the PIL, a division bench on Friday issued notices to the respondents and kept it for further hearing on March 14. According to the petition filed through advocate Anand Yagnik, the issue relates to the Surajbari area near the Little Rann of Kutch, where the biggest creek of the area falls close to the Gulf of Kutch and the famous Wild Ass Sanctuary is located.

The creek has been a good ground for the production of fish and prawns by the local traditional, small, and registered fishermen community residing nearby Cheravadi village. The area is also habitat of some rare aquatic lives and lakhs of Flamingos.

According to the petition, to set up the towers for the transmission of the power from a plant in Mundra, PGCIL has blocked the natural flow of the Surajbari creek by making kutcha (temporary) wall there. This is done to save cost in laying the towers in the seawater instead of using the latest technologies. And this, the petitioners say, has resulted in the water in the creek drying, affecting the wildlife in the region and the livelihood of the local fishermen.

The petitioners have stated that the alleged act has been done in violation of environmental laws. They say the region falls under the Coastal Regulation Zone (CRZ) and PGCIL did not take the mandatory permission from the CRZ authorities to carry out any activity in the region.

They further said that their representation in this regard before the authorities concerned have gone in vain. They have also demanded compensation to the fishermen who have been affected by the alleged embankment.

Also see related post Rann villagers up ante over Power Grid construction

To sign an online petition to support the Kutch Fishworkers' demands, click on http://www.gopetition.com/petition/40325.html

Rann villagers up ante over Power Grid construction

Express News Service Posted online: Mon Jan 10 2011, 04:33 hrs
Ahmedabad : Around 200 fishermen have submitted a memorandum to Kutch District Collector M Thennarasan over the construction of a kutcha wall on the creek near Surajbari in connection with the laying of grid lines for a power plant in Mundra. They have said the government agency — Power Grid Corporation is carrying on illegal work which threatens their livelihood and also violates environment laws.
Surajbari is located near the Little Rann of Kutch and the local fishing community at Cheravadi village has used this creek — the biggest in that area — for fisheries and prawn farming, for which the government has issued them licences.

Bharat Patel, general secretary of the Machhimar Adhikar Sangharsh Sangthan (MASS) said: “The power plant in Mundra is owned by the state government and will be run by a private company. Now, a government agency has started laying a kutcha wall on the side of the creek to set up the grid lines. This will affect the livelihood of the fishermen, because the wall construction will dry the other side of the creek, and make it impossible to carry on fishing activities.”



He added: “This wall has been constructed to prevent the entry of water in the creek area during high tides and also to cut down on costly technology for the transportation of construction material to lay the grid lines. This makes things easy and cost-effective for the power company, but has posed danger to the livelihood of the fishermen. This is in violation of the environment laws since the area falls under the Coastal Regulation Zone (CRZ) and mandatory permission is required before carrying out such activity in the creek area.”

In their memorandum, the fishermen said they have not been able to go fishing for at least 15-20 days due to the wall construction. Patel added that the district collector is yet to redress their complaint.

Thennarasan could not be contacted despite repeated attempts.

Patel said they will explore legal option if construction does not stop soon.

Gujarat High Court (HC) advocate, Anand Yagnik, who is providing them legal help, said if the issue is not resolved soon, they will move a petition in the HC.

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To sign an online petition to support the Kutch Fishworkers' demands, click on http://www.gopetition.com/petition/40325.html

Adani projects: Eating into the sea?

The ports and Special Economic Zone (SEZ) being constructed by the Adani Group in Gujarat's Mundra is under the Environment Ministry's scanner after allegations that illegal construction in these have illegally reclaimed the fragile seashore. NDTV reports. Click on the image below to see the video.

Read more at: http://www.ndtv.com/video/player/news/adani-projects-eating-into-the-sea/186058?cp

Fishermen up ante over proposed Kutch power plant

The below article was published in the Indian Express, dated Dec 2nd, 2010.

Adam Halliday, Dec 2, 2010

Union Minister for Environment and Forests Jairam Ramesh has taken cognisance of the letters sent by the fishermen of Kutch in connection with the setting up of a power plant in the area.
The fishermen had stated in their letters that OPG Power Gujarat Private Limited, a subsidiary of the UK-based OPG Power Ventures PLC, had begun work on a 330 MW power plant before getting the required clearances.

In his reply to the letter, Jairam said: “Our information is that no actual project work has started yet. The company’s proposals are being examined by the Gujarat State Coastal Zone Management Authority which will make its recommendations after which a decision will be taken.”

He added: “You must get all the facts right before launching such a campaign. First, a 300 MW power plant needs no environmental approval from MoEF. Only 500 MW and above come to us for environmental approval. Secondly, this project has yet to come to MoEF for CRZ clearance.”


The fishermen, members of a local fishermen’s union, replied back saying the ground reality is different, and attached eight photographs of what they said are of the construction site. The pictures show earthmovers, bulldozers, trailers for the workers, a truck and building materials, all purportedly inside a barbed-wire fencing. They said the photographs were taken at the periphery of the OPG site, as the security guards prevented them from entering the core project area.

They said the company had received clearance from the Gujarat Pollution Control Board, but the CRZ Committee under MoEF had rejected the plans though the company had submitted fresh proposals.

The company had begun work on the plant without having obtained the Coastal Regulation Zone (CRZ) clearance — a violation of one of the conditions in the GPCB’s clearance.

“We would request you to send a Central team for field verification to ascertain the facts. The issues we have raised in the campaign and also written to the MoEF, pertain to OPG’s CRZ clearance and not the environment clearance per se,” the fishermen said.

“The core issue is that though OPG has received environmental clearance from the state government, it has not received CRZ clearance. But it has started construction on the ground, taking for granted that the CRZ committee will approve its proposal. Not only will it create a fait accompli for the CRZ committee, but is also a violation of one of the conditions of the environment clearance,” they wrote.

Company officials told The Indian Express that they are confident that the fresh submissions will cleared and so have begun work.