Adani project in Mundra has violated environmental norms, rules MoEF committee

 incontrovertible evidence of destruction of mangroves, blocking of creeks and non-compliance of other clearance conditions

Committee recommends effective deterrence through creation of Environment Restoration Fund of Rs 200 crore or 1 per cent of total investment, whichever is higher

Recommends reform of Coastal Zone Regulations and monitoring systems

New Delhi, April 18, 2013:There is incontrovertible evidence that the Adani project – port and SEZ – at Mundra in Gujarat has violated and not complied with environmental clearance conditions. The company has also bypassed environmental procedures in certain cases – says the report of a committee set up by the Union ministry of environment and forests (MoEF) to inspect the project. The committee’s report was officially presented to the Union minister of state for environment and forests, Jayanthi Natarajan, here today.

The Adani Waterfront and Power Plant project has been in the eye of the storm for its massive adverse ecological impacts. Based on complaints received, the MoEF had set up the Committee to examine allegations of environmental destruction and non-compliance, including distortion of the original HTL/LTL by the company. The five-member committee, headed by environmentalist Sunita Narain, included officials from the MoEF and experts on coastal ecosystems and disaster management. 

Ms Natarajan received the report and assured that the recommendations would be looked into by her officials.

The Committee used remote sensing technology to assess environmental damage that had occurred over the past decade. It concluded that there were cases of non-compliance, including the following:

• There has been widespread destruction of mangroves; 75 hectares of mangroves have been lost in Bocha Island, which was declared as a conservation zone under the environmental clearance conditions.
• The company has not taken precautions to guard against blocking of creeks because of construction activities; satellite imagery shows signs of deterioration and loss of creeks near the proposed North Port. 
• The company has not taken stipulated measures to ensure that the channels that bring large volumes of seawater for use in the thermal power plant and then discharge as well as the storage tank is lined so that there is no chance of salinity contamination in groundwater. This was a clear condition set at the time of clearance.
• The company was found to be wanting about the inventory of its fly ash utilisation and disposal.
• The company has been less than serious about reporting on compliance with the conditions set at the time of clearance. In many cases, non-compliance with reporting conditions has been observed.

Says Narain: “The Committee in its investigations has found that there have been instances to circumvent statutory procedures by using different agencies, at the Centre and state, for obtaining clearances for the same project. The public hearing procedure, which is a critical part of project clearance and helps to understand and mitigate the concerns of local people, has also been bypassed on one pretext or another.”

The fisher community, which depends on the coasts for their livelihood, is the worst hit by these changes. “The development on the coast, on their land has clearly left little space for them,” says Narain. The report of the Committee suggests that there should be a plan for their ensuring access and provision of basic facilities, including a dedicated fishing harbor.

Key recommendations

• The ministry should create an Environment Restoration Fund, which should be 1 per cent of the project cost (including the cost of the thermal power plant) or Rs 200 crore, whichever is higher. The Fund should be used for remediation of environmental damage in Mundra and for strengthening the regulatory and monitoring systems.
• Cancel environmental clearance of the North Port – this will lead to an increase in the mangrove conservation area and ensure ecological balance in this coastal zone.

In addition, the committee has also made a range of recommendations on mangrove conservation, flyash management and disposal, salinity control, coastal safety (read earthquakes and tsunamis), and project clearance conditions and post-clearance monitoring. In fact, the committee’s report notes that post-clearance monitoring is the weakest area, and needs urgent strengthening. Says Narain: “If monitoring was rigorous, public and credible, there would have been no need for this committee. Which is why we have recommended that there is a need to create a monitoring system to ensure that corrective action suggested by this report is taken within a time-bound manner.”

http://www.cseindia.org/content/adani-project-mundra-has-violated-environmental-norms-rules-moef-committee

http://articles.timesofindia.indiatimes.com/2013-04-19/india/38673013_1_mundra-project-adani-group-new-delhi

http://cseindia.org/userfiles/adani_final_report.pdf

http://www.hindustantimes.com/india-news/newdelhi/rs-200cr-fine-on-adani-group-recommended/article1-1046522.aspx

http://www.ndtv.com/article/india/gujarat-based-adani-group-fined-200-crore-for-environmental-damage-413610

http://www.sustainuance.com/adani-group-faces-fine-for-environmental-damage/

http://inagist.com/all/375104630499196928/

http://www.trinet.in/?q=node/1178

http://www.moneycontrol.com/news/business/adani-project-violated-norms-impose-rs-200cr-fine-panel_855348.html

http://www.firstpost.com/business/adanis-mundra-project-violated-green-norms-says-probe-panel-710950.html

http://currentaffairs.gktoday.in/2013/09/moe-slaps-rs-200-crore-penalty-adani-group-8584/

http://www.businessworld.in/news/business/environment/adani-project-violated-norms-panel/864337/page-1.html

http://www.abhiyaanmagazine.com/index.php/sambhaavmetro/85-slide/23246-adani-story-01

Bhadreshwar Fisherfolk win another small victory; vow to fight to the finish

The Bhadreshwar fisherfolk welcome the decision by the central CRZ committee to reject the CRZ clearance for the intake channel for the proposed 300 MW OPG power plant in Bhadreshwar. In the 89th Meeting of the Expert Appraisal Committee for Building Construction, Coastal Regulation Zone, Infrastructure Development and Miscellaneous projects held on 21st - 23rd July, 2010 at New Delhi, the committee noted “Due to various environmental problems including the adverse impact on the marine life the present proposal is not acceptable.”

The committee has also expressed its concern that the intake channel will affect mangroves and sand dunes in the area. This comes as a relief for nearly 6000 fisherfolk who carry out fishing by traditional methods on the sand bar – Randh Bander on the Bhadreshwar coast.

The committee has suggested that the company must consider a pipeline instead of a open channel.

The battle for the local communities is far from over. Since May 2009, the local communities have been opposing the OPG power plant in Bhadreshwar as it will badly affect their livelihoods.

Community leaders feel that even though the State Government agencies came forward to assess public opinion, no one has thought it fit to provide feedback to the local communities on how the company has responded to their issues. Without any further intimation to the local communities, the environmental clearance was provided in a hush hush manner, which raises suspicions whether the State Government authorities have colluded with the company.

The fisherfolk, aggrieved by the arbitrary decision of the state expert committee to grant environment clearance for the power plant, have decided to approach the NEAA (National Environment Appellate Authority) to challenge the clearance. The hearing is scheduled on 24th September, 2010.

Kutch Coast - People, Environment and Livelihoods

In case of any difficulty in accessing the reports, please mail us at mass.kutch@gmail.com

Click here to sign a petition to demand action from the Government to protect the environment and livelihoods of people along Kutch Coast

Kutch Coast Study - Fishmarc and Kutch Nav Nirman Abhiyan

Community Gears up to Stop Illegal Activity by OPG Power Plant

Click here Sign a Petition to urge the Government officials to stop the illegal and fraudulent activities of OPG Power Plant.

The proposed 300 MW coal based thermal power plant promoted by M/s OPG Power Gujarat Pvt Ltd. in Bhadreshwar Village, Mundra Taluka, Kutch is not in public interest and being opposed by representatives of the affected local community due to the following reasons:

1. The company has tried to hide the impacts of the project by misguiding the public and the authorities about the location of the project and falsely stating in their EIA report that there is no habitation with 5 km radius of the power plant and that the nearest village Bhadreshwar is 5 km away from the project. But, in reality, air and water pollution from the power plant is likely to

a. Detrimentally impact the health of 20,000 villagers who live within a 5 km radius of the power plant
b. Affect marine life and affect the livelihood of 6000 fisherfolk residing on Randh Bander, which has the second highest Fish production in Kutch.
c. Pollute the salt manufactured in salt pans adjacent to the power plant thereby rendering the salt unfit for consumption or sale and depriving the salt pan owners and nearly 13,000 salt workers of their livelihood
d. Affect ancient historical and religious sites in the area, i.e. the Chokhand Mahadev temple, the 1500 year old Jain Vasai temple and pilgrimage centre and the Dargah Sharif, all of which are located within a 5 km radius of the power plant.
e. The project will also negatively impact the reserve forest area and a fledgling afforestation project being carried out by the Adani group, both of which are located within a 5 km radius of the power plant.

Thus, the company claim that there is no habitation in 5 km radius of proposed power plant is totally false and an attempt to mislead the authorities. See below the map of the 5 km radius area of the power plant.

* Click on the image to see the full size image.



2. The company has violated the provisions of the EIA Notification by submitting a false and misleading EIA report. The EIA report attempts to mislead the people and the Hon’ble members of the Environment Clearance committee both as to the location of the thermal power plant as well as its true impact on the health and livelihood of the local community and the environment.

3. The project is proposed to be set up in a CRZ area which is impermissible under the provisions of the CRZ notification, without prior clearance from Ministry of Environment and Forests.

The project faced strong opposition during the public hearing held on May 29th, 2009, See Public hearing for OPG Power Project in Bhadreshwar village, 29th May, 2009.

Detailed Memoranda have been sent to the Gujarat Pollution Control Board and MoEF officials, and also Honorable Minister of Environment and Forests, Shri.Jairam Ramesh with full details of the above issues seeking rejection of Environment Clearance for the Project.

While the local community is vehemently opposing the project for the above reasons, the company officials are violating Environmental laws by attempting to start construction of the project even before the GPCB clears the project. Legal notices have already been issued to Company officials not to start construction without Environmental Clearance and to the District administration not to abet the unlawful activities of the Company.

NEAA directs Gujarat Government to secure livelihoods of Mundra Fisherfolk

Nearly 10,000 fisherfolk are at threat of being displaced by the development of Adani port and SEZ along Mundra coast. Apart from the threat of displacement, the issue of decline in fish production due to pollution caused by the port activities and the SEZ industries has cast a doubt on the future of the fishing community.

When the Water Front Development Project’s public hearing came up in Nov 2008, the fisherfolks had raised their concerns about the likely loss of livelihoods and the threat to fishing due to the project. They had also pointed out the indiscriminate destruction of mangroves in the area and questioned the genuineness of the environmental clearance process as the Adanis had been carrying out construction activities for the project for the past six months without environmental clearance.

In spite of these objections, the project was given environmental clearance by the MoEF (Ministry of Environment and Forests) in January 2009. In response, the fisherfolk launched an agitation under the banner of Machimar Adhikar Sangharsh Samiti (MASS) demanding that the state Government take measures to ensure that the livelihood of fisherfolk is protected.

The fisherfolk also approached the National Environment Appellate Authority in February 2009 in Manjalia Ahmad Ishak & Ors vs. Union of India & Ors where a prominent legal firm ELDF (Enviro Legal Defence Firm) represented the Fisherfolk and highlighted the issues.

In its judgment dated July 22, 2009, the NEAA has directed the Gujarat Government to ensure that any proposed activities of the Adanis' Water Front Development Project do not hinder safe access of fishermen to the sea through the traditional access including their use of bandars(Fishing Settlements). This is a significant order in view of the fact that the Mundra Port and SEZ Ltd., in its affidavit, claimed that there are no transient settlements or bandars in the project area. However, the NEAA refused to stay the ongoing constructions as sought by the petitioners on behalf of the fishing community. The petitioners had also raised the issue of violations by the Mundra Port and SEZ in the form of mangrove destruction, blocking of creeks and the start of construction prior to receipt of requisite permissions. In this regard, the NEAA has not given any ruling but has stated that the petitioners are at liberty to approach the concerned statutory authorities in this regard.

This Order comes as a huge relief to atleast thousand fisherfolk families and it is perhaps for the first time that the NEAA has passed such strict binding orders in its history of twelve years since it was created in 1997.
Sign a petition to save Mundra Coast and stop displacement of Mundra Fisherfolk

Ecological Significance of the Mundra Area

Gulf of Kutch is one of the few coastal zones in the world having rich bio-diversity. It comprises of mangroves, Coral reefs, Mudflats, Seaweeds, Commercial Fishes and several rare marine species. Click on image to see Full Size Image. The mangroves of the gulf are the second largest after the Sunderbans in the mainland of India. Gulf of Kutch is the only place left along the Indian coast after Gulf of Mannar where live corals occur. In 1982, parts of the Gulf area were declared as a Sanctuary and Marine National Park. Recently, scientists have discovered patches of live corals near Mundra coast. Thus, the Mundra coast is an ecologically sensitive zone as it supports vast areas of Mangroves, Corals and associated ecosystems.

Destruction of any of the above components of the fragile ecology will disrupt the entire ecosystem. The mangroves help the ecosystem by contributing to the oxygen Budget and in Soil Conservation. Mangroves and Corals are the nursing grounds for a variety of economically important fishes, exotic coral fishes and innumerable flora and fauna. The gulf also abounds in more than 210 species of algae. These algae in combination with corals and mangroves provide a conducive ecosystem for diverse flora and fauna.

The significance of mangroves in coastal ecosystems is undebatable. The Government of India and the Ministry of Environment and Forests recognise that mangrove forests are ecologically sensitive areas and need to be protected and conserved. Mangroves are critical to marine coastal soil conservation, breeding and nursery grounds for fish, crustaceans and other sea life, as well as vital habitat for birds and other wildlife. As per estimation, just 100 cu m of mangrove area shelters 54,600 prawns. Kutch district has been declared the most important mangrove area in the state of Gujarat.

A prominent feature of the Mundra Coast is the vast intertidal zone comprising a network of creeks, estuaries and mudflats. The intertidal zone is unique and very important because the fishermen can land their boats in these natural creeks and also keep them there safe from strong winds and currents. The fisherfolk have complete knowledge of the sea and have been living on the coasts for ages. They are familiar with the creeks of the area and the intertidal zone is important for their occupation, economic prosperity and survival of their families. The creeks also form a natural drainage system which if disturbed might lead to flooding during monsoons.

Scientists have identified vacant sites along the Kutch coast which could be used for industrial development. Along the northern coast, two lengthy stretches are available without any ecologically sensitive zones that could be used for future development of industries. Why use the ecologically sensitive Mundra Coast for Industrial Development when alternative sites are available nearby.