National Panel on SEZs recommends scrapping of SEZ Act

The National People's Audit of Special Economic Zones in India, was held in New Delhi on 19th, 20th April, 2010, at the Nehru Memorial Auditorium. Organised by a collective of people's movement groups, social and research organisations and academics, this two-day national convention is a culmination of state-level people's audit of SEZs that was conducted in several states of India, through last year (2009-2010).

The National Audit panel comprised of following eminent persons and thought leaders:
1. Kuldip Nayar (Journalist and Columnist)
2. Devaki Jain(Development Economist)
3. Admiral (Retd.) Ramdas(Former Naval Chief and Magsaysay awardee)
4. K. B. Saxena (IAS - Retd.)
5. Dr. Meher Engineer(Physicist and Former Director of Bose Institute, Kolkata)
6. Rahul Bose(Actor and activist campaigning against discrimination)
7. Ashish Kothari(Environmentalist, Kalpavriksh Action Group) and
8. Vrinda Grover (Advocate, Delhi High Court)

Manshi Asher, activist and researcher, introduced the Gujarat chapter and tried to lay out the details before the audience. “Gujarat is being trumpeted by its Chief Minister as the SEZ capital of India. The first claim is that most of the export revenue earned from SEZs originates from Gujarat while the second claim is that SEZ implementation has been virtually resistance or protest-free – since no agricultural land has been forcibly acquired from farmers and farmers have either been willing to sell their lands or wasteland land has been allotted to SEZ.” According to Manshi, who has worked extensively on this issue, “the lie behind the first claim can be nailed on the fact that bulk of the export revenue originating in Gujarat is from the Jamnagar refinery. Also, the other so called successful and high export SEZs were already operational and profitable industry hubs, before being conferred with the status of SEZs. This is a lie that the Government presents to the people and has to be exposed to the all.” For the second claim of the Government, she said “most land that was originally given to SEZs was acquired decades back, by the Gujarat State Industrial Development Corporation. Obviously there will be no protest for land that was acquired in the 80's and 90's.”

Bharat Patel from the Machimar Adhikar Sangharsh Sangathan presented the resistance against the Mundra Port and SEZ which was endangering the livelihoods of over 1000 fisher-families in the region. “The area around the Kutch coast has been labelled as an ecologoically sensitive area in Government and MoEF reports, yet the Adani group proceeded with construction and cutting down of the Mangrove forest without any Environment clearance. This just shows the extent to which there is collusion between the Government and the corporates.”

The complete presentation can be seen below:

Mundra Issues - SEZ Audit

At the end of the two day summit, after hearing the testimonies of people from Maharashtra, Gujarat, Andhra Pradesh, Karnataka and Goa, the panelists recommended the following to the Government:

1. The SEZ Act should be immediately repealed.


2. All consideration of pending applications should be stopped forthwith.


3. All SEZs given approval so far (notified or in principle), should be reviewed through a participatory public process. Where local community consent is not obtained, they should be withdrawn. Where they are to continue, they should be subject to all environmental, labour, tax and other laws of the country, converting them to normal industrial estates, and taking back the excess lands.


4. Farmers, fishers, and other local communities who have been displaced should be urgently rehabilitated, back into the areas they were displaced from, with clear tenurial rights (especially community rights) to the land, within a year.


5. Farmers, fishers, and other local communities who have been deprived of their lands and/or resources (without being physically displaced) should be given back their lands and/or access to resources, as far as possible in their original state, with clear tenurial rights (especially community rights) to the land and/or resources, within a year.


6. Developers must be made to remedy the ecological damage, and health hazards, created by their activities.


7. A full investigation, with public involvement and full transparency, should be conducted into allegations of malpractice, illegality, and misbehaviour on part of corporations, agencies, and officials; and appropriate punishments given to those found guilty.


8. In place of SEZs, the government must facilitate the security of livelihoods of communities living off the land, helping them enhance agricultural, forestry, fisheries, rural industrial, or other means of livelihoods. Several innovative initiatives of decentralised economic and political democracy (including on people’s economic zones, sustainable agriculture, rural industries, renewable energy, and so on), that are being led by communities and civil society organizations, should be supported and encouraged.


9. The State’s power of eminent domain over land and natural resources should be brought in line with the mandatory consent of local communities; this would include the replacement of the Land Acquisition Act or other such laws of the centre and the states with laws that are more democratic.
   

Environment Ministry’s positive action to streamline norms for Expansion of Thermal Power Plants

The issue: (Excerpt from the article OPG POWER PLANT Environment clearance: A sham again by Kanchi Kohli, a member of the Kalpavriksh Environmental Action Group)

The application for environment clearance for this 300 MW power plant is currently pending with the Gujarat State Environment Impact Assessment Authorities (SEIAA) and its appraisal committee. As per the EIA notification 2006, thermal power projects under 500 MW are termed as 'Category B' and need to take permission at the state level. If over 500 MW, whether a new operation or expansion, then approvals will be considered by the Ministry of Environment and Forests in New Delhi. These projects are branded as 'Category A'. In its letter dated 11th March, 2010 the Gujarat State Expert Appraisal Committee (SEAC) has informed the OPG Group that the environmental clearance for the 300 MW power project will be considered only after the company responds in detail to the issues raised by the local communities.

Expansion plans, even before first phase is approved

But even as this application is pending, the OPG group is thinking bigger. On 3 December 2009, the group submitted an application to the MoEF for establishing the Terms of Reference (ToR) to prepare an EIA report for the expansion of the plant from 300 to 2600 MW. In his letter to the MoEF, OPG group's Managing Director, Arvind Gupta makes no mention of the fact that even the 300 MW plant has not yet been cleared.

Under normal circumstances, it is very likely that this would have gone unnoticed. However, MASS activitists filed a Right to Information application and sought out the details. As soon as this came to their notice, a letter (dated 26 February 2010) was sent to the Envirioent Minister Jairam Ramesh, seeking his intervention. It highlights that the OPG group has deliberately tried to mislead the concerned authorities, and therefore their proposal is liable to rejection, as well cancellation of the smaller plant too.

Read the complete article, at http://indiatogether.org/2010/mar/env-bhad.htm

In a positive step in response to this issue, in its circular dated March 22nd, 2010, the Environment Ministry, led by the Environment Minister, Shri.Jairam Ramesh, has taken cognisance of the issue and taken steps to rectify the clearance process. The Ministry has decided that the expansion plan for projects will be considered only after the implementation of the earlier phase has commenced. Also, in case of projects (like the OPG project which applied for expansion to 2600 MW while the clearance for 300 MW project is still pending), for which environmental clearance for the earlier phase has not yet been accorded, the company will have to submit a comprehensive proposal for the entire project by clubbing together all the phases so that environmental issues can be addressed holistically.

The fishworkers and other traditional communities on the Kutch coast and also the Environment Activists welcome this positive step taken by the Environment Ministry and applaud the Environment ministry for its efforts to strengthen and streamline the environment clearance process and view this as one more step towards pro-poor, environment friendly and sustainable development in our country.

Environment Ministry asks, “Is there Fishing in Bhadreshwar Coast?” NA, says Adani

The Adani group is planning a 3300 MW power plant in Bhadreshwar in the name of KPGL (Kutch Power Generation Limited). As per the project details (Form-1) submitted by the company to the Ministry of Environment and Forests, a copy of which we obtained through RTI, the company has mentioned that Bhadreshwar coast does not have important Fishing activity. In response to the question, “Areas containing important, High quality or scarce resources (ground water resources, surface resources, forestry, agriculture, fisheries, tourism, minerals)", the company has stated "NA". This is absolutely false and misleading.

*Click on the image for bigger picture

Randh Bander in Bhadreshwar coast is Kutch’s second largest traditional fishing settlement. Nearly 6000 fisherfolk from Bhadreshwar, Luni, Tuna and Sangad villages reside in this settlement in which traditional fishing is being practiced since nearly 200 years. Government surveys have shown, not only the existence of the bander, but also the high potential for fishing in Randh Bander and its importance. The Fisheries department is currently developing Randh Bander into a modern Fish landing centre. Also, a fisheries producers group ( Read More ), which helps fisherfolk in getting better income from fishing, has already started functioning in Bhadreshwar.

Randh Bander which is on Bhadreshwar coast clearly falls within the project impact area since the power project is proposed in Bhadreshwar village. But, surprisingly, there is no mention of the Randh Bander anywhere in the project information document which the company has submitted to the expert committee of the Environment Ministry.

There are several examples in Kutch coast that show that fishing activities have been completely disrupted in coastal villages where thermal power plants are situated. Based on the drastic decline in fish catch experienced by fisherfolk along the Lakhpat/Abdasa coast in Kutch, it is clear that the Adani power plant and desalination plant could pose grave risks to fishing/Salt Panning activity in the Bhadreshwar coast. In fact the state expert committee has deferred the 300 MW OPG power project in Bhadreshwar due to serious concerns about coastal livelihoods, and the world famous Jain pilgrimage centre in Bhadreshwar. ( Read More )

Inspite of the risks posed by the power plant to Kutch’s second largest fishing centre, impact on fishing has not even been considered in the impact assessment study being conducted by National Institute of Oceanography for the project. The local communities of Bhadreshwar, especially the Fishing community are strongly opposed to the meaningless study by NIO.

It’s not as if NIO officials are unaware of fishing activities on Bhadreshwar coast. As mentioned in a reply to RTI application, a NIO team visited Randh Bander on 23rd January, 2010 for physical verification of Sandbar at Bhadreshwar(Randh Bander). Again on March 6th, 2010, a NIO team lead by Dr.Gajbhiye personally visited Randh Bander upon the insistence of the representatives of fisherfolk and the NIO scientists themselves are witness to the false/misleading statements made by their clients, the Adanis.



Fisherfolk have raised their objection to the NIO study, which is based on false and misleading information provided by Adanis to the Environment Ministry’s expert committee and demand that the project be rejected immediately.

Further, fisherfolk demand that the Environment Ministry should implement United Nations Environment Guidelines on Thermal power plants, in Gulf of Kutch. If UN guidelines are followed, then Environment Clearance for the Adani power plant and other Thermal Power projects in Gulf of Kutch should be considered only after exhaustive carrying capacity studies, which would determine how many power plants can be safely established without adversely affecting the marine ecology and traditional coastal livelihoods in Gulf of Kutch.

Nearly 75% of the 60 km Mundra coast is already allocated for construction of ports, SEZ, power plants etc by Adani and other industries. Traditional fisherfolk all over the Mundra coast are facing displacement from their settlements. Bhadreshwar Randh Bander is the last major fishing settlement available for the 1000+ traditional fisherfolk families in the Mundra coast.

The fishing community is strongly opposed to the Adani power plant in Bhadreshwar as Bhadreshwar coast is critical for their livelihoods, whereas there are plenty of alternative sites in Kutch coast to implement the power plant. In their letter dated 6th March, 2010, the Fishworkers told the scientists and the company politely but firmly that they not responsible for any losses that the company might suffer in future because of the investments it is making towards the power plant in a location chosen without consulting the local communities.

If you would like to support the Bhadreshwar fishworkers and endorse their demands, please sign the online petition at http://www.gopetition.com/online/35144.html

Expert committee tells OPG "Provide Answers to people's issues first, then come to us"

In its letter dated 11th March, 2010 the Gujarat State Level Expert Appraisal Committee has informed OPG that the proposed 300 MW power project at Bhadreshwar will be considered for Environmental Clearance only after the company responds in detail to the issues raised by the local communities and also gets CRZ clearance from the competent authority.

The chronology of events related to the OPG power project is shown below:
29th May,2009 Public hearing for the 300 MW OPG power project witnessed unprecedented opposition from local communities Read More

23rd Aug,2009 Violent incidents in Bhadreshwar as OPG attempts to start construction without environmental clearance. 30 Fisherfolk leaders arrested and jailed for over 3 months. No action taken against the company. Read More

27th Aug,2009 Fisherfolk move Gujarat High Court against OPG project, raising issues of illegal construction and wrong information provided by company during public hearing.Read More

03rd Dec,2009 OPG approaches MoEF for expansion of the 300 MW power plant to 2600 MW.

03rd Feb,2010 Gujarat High Court orders site visit by GPCB officials and rules that company can’t start construction until project gets Environmental Clearance.

24th Feb,2010 Team of GPCB and Expert Committee visits Bhadreshwar and interacts with local communities and company officials. GPCB asks Machimar Adhikar Sangharsh Sangathan, a local fishworkers tradeunion to prepare a comprehensive representation of all issues raised by the local communities in opposition to the OPG project.

4th March,2010 MASS hands over the representation, on behalf of 23,000 Fishworkers, Salt Panners, Farmers, Livestock rearers, Jain pilgrims and other villagers, to Expert Committee in presence of OPG officials.

11th Mar,2010 Expert Committee writes to OPG seeking their response to the issues raised by the local communities and states that project will be considered for Environmental Clearance only after satisfactory response to the issues raised and also the company has to obtain prior CRZ clearance from the central authorities.

12th Mar,2010 OPG starts construction again in project site.

13th Mar,2010 Fisherfolk complain about OPG’s illegal construction activity to district authorities.

17th Mar,2010 Legal notices served to district officials to conduct site inspection of the illegal construction activity.

As on date No action taken by District administration and OPG continues illegal construction activity without Environmental Clearance.

As mentioned in the representation made by MASS to GPCB, the project is likely to adversely impact fishworkers, salt panners, farmers, livestock rearers, Jain pilgrims visiting the Bhadreshwar panch teerth and other villagers of Bhadreshwar and the surrounding villages. On July 10rd, 2009, the Bhadreshwar Gram Sabha passed a resolution against the OPG power project. Villagers are worried because OPG is committing so many violations at the entry stages itself, and if allowed to establish, cannot be relied upon to sincerely implement pollution control measures that are being discussed on paper, thereby putting people's health and livelihoods at risk.

The apathy of the District Administration in ignoring the local community's complaints and allowing OPG to continue with illegal construction means that the villagers only ray of hope lies with the Expert Committee and the courts. The Machimar Adhikar Sangharsh Sangathan, Kutch Zilla Machimar Association, The Bhadreshwar Salt Pan Association, Paryavaran Mitra and Kalyanji Vardhaman Trust (Trustees of the Jain pilgrimage shrine) welcome the positive steps taken by the Expert Committee and GPCB to understand the issues of the local communities. However, it remains to be seen whether the expert committee will take a step further in the interests of the local communities and deliver justice by rejecting the Environmental Clearance for the OPG power project.


If you would like to support the local communities in their pursuit of pro-poor, clean and sustainable development, please sign the following petition to insist upon the environmental regulatory authorities to reject environmental clearance for the project and the district administration to wake up and take some action against the company.
http://www.gopetition.com/online/30272.html

OPG starts construction without Environment Clearance, yet again, inspite of court order

The Gujarat state expert committee is considering whether or not to grant environment clearance for the 300 MW project, which poses grave risks to the health and livelihoods of local communities and also the tranquility of the 2500 year ancient Jain Vasai Teerth, which is located just 1.5 km from the project site. While the company is claiming that there will be absolutely no impact because of the project, the local communities, which have been mislead and given false information several times, view the company’s claims as hollow promises which are not backed by genuine, systematic and scientific studies, based on consultations with local community.

Local community leaders conveyed their strong objection to the project during the State Expert Committee’s visit to the project site on February 23rd, 2010. An RTI reply sent by Ministry of Environment and Forests revealed that the company has already applied for expansion of the 300 MW project to a 2600 MW project (which the state expert committee was not aware of), raising questions about violation of environment norms which stipulate Central Government permission for Power projects of capacity over 500 MW.

Now, the proposed 300 MW power plant in Bhadreshwar village of Mundra taluk, is in serious trouble once again, as the company has started construction without the mandatory environment clearance. This is not the first time that the company has done this. It may be recalled that the company’s attempts to start illegal construction in August 2009, had led to violent clashes in the village (See http://masskutch.blogspot.com/2009/08/violent-twist-to-hitherto-nonviolent.html).

After the August incident, the local fishermen had also approached the high court to seek intervention in this matter and in its order on 3rd February,2010 the Gujarat High Court ruled “The matter(Environment Clearance for the OPG project) is pending before the Environmental Impact Assessment Authority of the State(of Gujarat) and till Environmental Clearance Certificate is given the 11th respondent(OPG) cannot establish the unit.”

However, as the following photographs (dated 12th March,2010) taken at the proposed OPG project site in Bhadreshwar reveal, the company, in gross violation of environment law and is also in contempt of court, has again started construction.







The local communities have approached the concerned authorities for immediate action in this matter.

If you would like to support the local communities in their pursuit of clean and sustainable development, please sign the following petition to insist upon the environmental regulatory authorities to reject environmental clearance and the district administration to take strong action against the company.
http://www.gopetition.com/online/30272.html

Development Vision of the Fisherfolk along Bhadreshwar Coast

Development VIsion of Traditional Fisherfolk along Bhadreshwar Coast

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

OPG's Divide and Rule ploy defeated as Court decides not to withdraw PIL

UK Based OPG Group has been trying to illegally start construction on a power plant in Bhadreshwar village in Mundra coast. British company OPG Power Ventures Plc, or OPG as it is known, has also been accused of breaching environmental laws and being complicit in violations against local people in India. OPG, a power-supply company is planning to build a 300 MW coal-powered power station on the Mundra coast of the State of Gujarat. The Mundra coast is known as an ecologically-sensitive zone, with an abundance of mangroves, corals, and wildlife. The coastal waters also provide the source of income for the ten thousand fishermen who live within 5kms of the proposed plant.

Fisher-folk of Bhadreshwar village had approached the Gujarat High Court in August regarding the OPG Power plant issue. In their PIL, they had explained how the project is not in public interest and the company has been providing false and misleading information to the public/ Govt authorities. They also alleged that the company has been trying to start construction work illegally even without the mandatory Environmental Clearance and the district administration has remained a mute spectator to the company's violations inspite of repeated complaints from fisherfolk and other local communities. The fisher-folk have prayed that the Hon. High Court put an end to all these illegal activities of OPG group.

Realising that their game in Bhadreshwar is about to end, the OPG group has been allegedly resorting to various unfair and unethical means to subdue the fisherfolks' struggle.

Several fishermen, including those who were not present during the clashes in August, have been falsely implicated in criminal cases and jailed for over 2 months.

In the second week of Nvomenber, the president of the Kutch Zila Machimar Association, Suleiman Ali, wrote to the fisherfolks' advocate and 11 other authorities, including the OPG company asking for withdrawal of the PIL. Quoting him from his letter(written in English), "I have come to the conclusion that the scope of the OPG Power project at Bhadreshwar and the implementation and the operation of the project will not effect any fishermen and / or members of our association and people living in Bhadreshwar and surrounding villages and their villagers". Fishermen wonder, who wrote this letter in Corporate Style English for Suleiman Ali who doesn't know English.

Angered by this letter, fishermen representatives attended court yesterday(26th Nov) and submitted an affidavit saying that their PIL needs to be pursued in the interest of 23,000 people. Quoting from one of the affidavits, "I have come to know that our President Shri.Manek Haji Suleiman Ali has, against the inteest of about 23,000 people, joined hands with OPG Company and written a letter asking for withdrawal of the PIL. We have not given any authority to Sulieman Ali to withdraw the PIL. The people of our village are against OPG Power project. All of us want to pursue the PIL in the interest of justice and interest of village people"

During the hearing, the Government Advocate(on behalf of Kutch Collector) court submitted Suleiman Ali's letter and argued that the PIL be withdrawn. But, the court accepted the Fisherfolks' argument that the company was trying the "divide and rule" ploy and one man's betrayal cant stand in the way of larger public interest and the lives and livelihoods of nearly 23,000 people. Favoring the fisherfolks' plea to allow the PIL to continue, the court has issued notices to all respondents, including OPG.

Violent twist to the hitherto nonviolent struggle by Fisherfolk against OPG power plant

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

Fisherfolk in Bhadreshwar village and nearby villages have been opposing the 300 MW OPG power plant proposed in Bhadreshwar Village for several months. The local communities mainly feared the harmful impact of the power plant upon their health and livelihoods and the company’s EIA report created grave concern about loss of livelihoods of nearly 20,000 fisherfolk and salt pan workers. See Likely impact of Industries on Fishing

The public hearing for the Environment Clearance of the project held on May 29th 2009, witnessed unprecedented opposition by Fisherfolk, Salt pan workers and other members of the local communities. After the public hearing, several representations have been made to various authorities such as the GPCB, MoEF highlighting the fraudulent methods being used by OPG in order to get Environment Clearance for the project. See Public hearing for OPG Power Project in Bhadreshwar village, 29th May, 2009.

Since July, the fishing community had been put under lot of pressure due to several attempts by OPG to start construction activity even before Environmental Clearance was given for the project. On August 5th, several trucks arrived at the project site and they were gently asked by representatives of the Fishing community not to start construction as clearance had not yet been obtained. A Letter was issued to the local Panchayat to ensure that no construction is started without Environmental clearance.

However, the company made another attempt on August 9th to start construction and this time brought private security guards with them. The representatives of the fishing community got legal notices issued to the company not to start construction without clearance and to government officials not to abet the unlawful activities of the OPG group. See Community Gears up to Stop Illegal Activity by OPG Power Plant

Inspite of these efforts, no action was taken by the Government authorities to enforce law and the company, in its desperation to start construction hired and stationed 15 persons from the local community as security guards in the project site on August 22nd. This led to a clash on August 23rd between member of the fishing community and the security persons, which led to 7 people getting injured and two motorcycles being burnt. Among the persons injured were four members of the Fishing community, 2 members of Luni village, and 1 person from Bhadreshwar village.

In response to a complaint filed by the father of the injured person from Bhadreshwar village, the Mundra police have arrested 31 persons from the Fishing community.

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.
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Public hearing for OPG Power Project in Bhadreshwar village, 29th May, 2009.

The public hearing for EIA clearance for OPG’s power plant in Bhadreshwar was held on 29^th May 2009. The venue was Chokhanda Mandir, Bhadreshwar village, Mundra Taluk. The Gujarat Pollution control Board Regional Officer, J.D.Kalyani and Kutch Additional Collector Shri.Vaghela chaired the meeting. OPG project director Mr.Padmanabhan and company officials were present. Also, officals from Detox corporation, the Surat based agency that carried out the EIA were present.

A huge number of people numbering over 2000 persons from affected villages participated in a 2 km rally which ended in the venue of the public hearing. This included traditional fisherfolk, Salt pan workers, Pastoralists, farmers and other villagers from Bhadreshwar, Sangad, Wandi, Luni, Hatdi, Pavdiara and other villages, likely to be affected by the project. The venue was filled to capacity and there were more people waiting outside trying to participate in the public hearing.

Shri.J.D.Kalyani gave an outline of the environmental clearance process. The project details were presented by an official of Detox corporation. After his presentation, several locals held the mike and explained their view on the project, listing out various issues in the proposed power plant.

The issues are listed below:

1. MASS Leaders raised the issue of the fisherfolk. Randh Bhadreshwar Bander, which is situated 5 km from Bhadreshwar village and home to over 5000 fisherfolk has not been mentioned anywhere in the OPGs’ report, which is supposed to provide details of habitations in a 10 km radius. In fact, as per the latittude- logitude of the power plant provided in the EIA report, the power plant is coming up exactly on Randh Bander. Since 2004, the fisherfolk have been submitting memoranda to the district administration to recognize the Bander land as a Fish landing centre. A Gujarat Government report of 2004 recommends that the Randh Bander be developed into a modern fish landing centre. In this situation, the OPGs are planning to install a power plant and a desalination plant which will discharge pollutants in the air, highly saline water and warm water into the sea, which will affect the marine ecology. Fishing is the sole occupation of the traditional fisherfolk and deprived of it they will perish. To pacify the fisherfolk, the company officials promised to provide water to the fisherfolk from the desalination plant. But, the fisherfolk were unanimous in opposing the OPG power project and exclaimed, “We will bear lathi and bullets, but we will not let the OPGs near our land ”.

2. Villagers of Bhadreshwar dismissed the claim that the OPG power project is 5 km away from the nearest habitation. Within 5 km of the power project are the 5000 fisherfolk in Randh Bander, Bhadreshwar village with a population of over 6000 and over 5000 salt pan workers. Also, as per revenue records, the land on which the power plant is proposed, has not yet been procured by the OPGs. Local villagers asked, “When the land is not yours, how can you seek permission to build something on it?”. The company officials had no reply to these questions.

3. There are nearly 5000 acres of salt pans in the area around the proposed power plant. The salt pans produce over 5000 tonnes of salt every month valued at over 15 crores. Already, the salt pans are facing difficulties due to pollutants that emerge from industries, 10 kms away, that burn around 400 tonnes of coal per month. Now with a power plant hardly 2 kms away, that burns around 90,000 tonnes of coal per month, the salt pans will be seriously affected and the salt produced will be unsuitable for consumption and the salt pans will be forced to close down. Bikha Bhai, speaking on behalf of the salt pan association stated, “We have been pursuing our traditional livelihoods for decades. Now this project is threatening to snatch our livelihoods from us. We are against this project and our fight will not stop with this public hearing. If the project is cleared at the state level, we will go to the central government. If it cleared there, we will go to the courts. If it is still cleared, 10,000 of us, including salt workers and fisherfolk in this area will lay down our lives before this project is implemented”.

4. Traditional pastoralists also opposed the project on the grounds that the project will adversely affect them and their livelihoods.

5. The Sarpanch of Bhadreshwar viillage, Shri.Umar bhai took a strong stand against the project, on behalf of all the communities in Bhadreshwar Village. He said that companies like OPG state that they will take precautions, but in our experience, nothing is done in reality to protect the local environment. He quoted the example of the Adanis who had given several promises but nothing was implemented. He stated that this is not a question of Hindu-Muslims, the entire village is with the fisherfolk and united in opposing the OPG project.
6. As a sign of their Gandhian protest against the OPG power project, none, not even one of the 2000 people touched the food, not even water that was kept next to the venue, in a OPG food stall which looked deserted.
7. Soni Ben from lok Adhikar Manch said that widows in the area had been long demanding for 5 acres of land each, from the collector. But the collector refuses to even meet them But, when industries ask for land, the collector eagerly agrees to their demands. She said that the project will be of no use to the village and hence she is against the project.
8. Smt. Usha Ben Thakkar, ex-MP, Kutch, who had served on the Fisheries board condemned the plan to build the power plant in Bhadreshwar, stating that fisheries will be badly affected. Other leaders like Shri.Haresh Thakker, Dalit leader Shri.Valji Bhai opposed the plan to construct the power plant in Bhadreshwar and suggested that the p[ower plant be constructed in Little Rann of Kutch or other barren lands which were available in plenty in Kutch.
9. Panchayats of eleven affected villages submitted letters opposing the OPG project.

Even though the hearing was held on a Friday, a holy day for muslims, hundreds of muslim fisherfolk turned up at the hearing to raise a voice to protect their livelihoods. At the end of the meeting, the people from Bhadreshwar and neighbouring villages shouted, “We will give our lives, but not our land” in a clear and unanimous message to all the authorities, the OPG company and the Government that the people are not in favour of the project and they will strongly oppose any move to implement the project.

Voice of the Mundra Fisherfolk

An Open letter to Respected Shri.Gautam Adani - Chairman and CEO of Adani Group and Respected Shri.Arvind Gupta - Managing Director and CEO, OPG Group.

Dear Gautam Bhai / Arvind Bhai,

Fishing is our sole livelihood that has sustained our community for centuries and deprieved of it, we will perish.

Adani Mundra Port,SEZ and the OPG Power Plant will do just that.

Is that what you want?

Listen to our voice: Our Demands .

Machimar Adhikar Sangharsh Samiti

Fishing in the Mundra Coast

The Kutch coastline accounts for the longest coastline of Gujarat and is home to 3500 fishing families. Mundra in the southern region of Kutch is the smallest block with a coastline of 72 kms stretching across 10 coastal settlements, home to nearly 10,000 fisherfolk.












The fishing community comprises of Muslims. Waghers as they are locally known is derived from “Wah! Gher” in Kutchi i.e. an expression of applauding the skilful laying of net to trap fish which is believed to be a skill mastered by the community people. The lives of the people are intricately linked with the sea and the beach and the people are self sufficient and independent.













The Banders are at a distance of 7-80 kms from main villages. Families from 3-4 villages might settle on a Bander. This practice has been in vogue for centuries. But the fisherfolks’ rights over this land are yet to be established. Says Ibrahim Kaka,
“We have been fishing on these coasts for 200 years. There is plenty of evidence to prove that we have been fishing on these coasts for so many years. But, our land is yet to be regularized.” People live in shelters made of gunny bags and other easily available material such as plastic sheets. This is the only protection against weather conditions that are quite harsh. Heavy winds, high temperature upto 45’ C and low temperature upto 5’C. The entire family shifts to the bandar for 8-9 months in a year. All the family members are involved in one way or the other in the fishing occupation. In-spite of the adverse conditions, they manage to survive, and earn their livelihood, which in itself is a testimony to the strength and endurance of the people.


Livelihood




Pagadia Fishing
The Pagadia fishworkers stay in thevillages and enter into the sea on foot to lay net and catch fish














Fishing by Motorised Boats
The boat owners use their wooden or fibre boats to enter deep into the sea using oil engines and lay the net
manually. The boat fish workers stay at settlements close to coasts for eight-nine months every year and come to live in the villages only during monsoon.














The entire family plays a major role in the fishing occupation. Women perform the only value additions done to fish here, viz., sorting and drying. Women are also involved in selling fish at local markets and in house to house retail sale of fish.










Annual Fish production by the traditional fishing in the Mundra coast is estimated to be nearly 12,000 MT valued at nearly 60.8 Crores (At current market prices). Each family should have substantial revenue, if they were able to sell directly to the market.

The Adanis and the OPGs say(in their Environment Impact Assessment Reports) that there is no significant commercial fishery in the Mundra area. This is misleading and perhaps the result of a lack of understanding of the fisheries of India. Small Scale “artisanal” fishing contributes around 40% of the marine fish production in India. Such small scale fishing may appear “non-commercial” or “subsistence” However, the reality is that such small scale fishing is a full time occupation and around 75% of the employment in fishing is from the small scale sector. Also this fishing is not for “subsistence” (i.e., self consumption), but for the market. The fish caught by the small fishermen of Kutch, including the pagadiyas, go to distant internal markets (Fresh fish to Bombay, dry fish to the North East) as well as for export (Shrimp and Lobsters to Europe and Japan, dried “Bombay Duck” to Sri Lanka.

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.

Proposed Industries on the Mundra Coast

Overview of Adanis' Waterfront Development Project:

The Mundra Port as of date has multipurpose terminals, container terminals, Single Point Mooring and back-up infrastructure such as open storage area, covered godowns, chemical and POL(Petroleum/Oil/Lubricant) storage tank farm, and several CFS(Container Freight Stations) operated by private parties on land leased from MPSEZL. Support infrastructure, as existing, comprises connectivity to national network of railways and roads, power supply, water supply and other utilities and services.

The proposed WFDP comprises four port clusters - namely West Port, South Port, North Port and East Port, a Liquified Natural Gas terminal, two shipyards, three desalination plants, associated intake and outfall structures, port interconnecting road/link network and other necessary infrastructure.

The proposed structures are shown on the map below(click image to see Fullsize):

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Usage and Capacity

The estimated traffic in these ports is listed below:

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Port	No of ships per year by 2013	Nature of cargo
West	850	Coal, Steel Scrap, Chemicals, Dry Bulk
South	220	Dry Bulk and Oil
North	150	Automobiles
East	300	Steel Scrap, Dry Bulk

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The capacity of the Desalination plant near West port is 300 million litres per day. Nearly 1.5 times the capacity is discharged into the sea as saline water. Desalination plants of 100 mld, 140 mld capacities are proposed in future.

Overview of OPGs' Coal Based Power Plant Project:

1. A 300 MW coal based Thermal power plant is being proposed.The generated power is supplied to industries and not to the power grid.
2. The total land that has been procured for the power plant is 316 acres.
3. The location of the power plant is shown in Google Earth Image,

4. Indonesian Coal will be brought in through Mundra / Kandla ports located 25/50 kms away. Daily 150-200 trucks are needed to carry coal from the port to the power plant.
5. Desalination plant will be used for supply of potable water/ Dematerialized water for the boiler feed of the power plant.
6. Type of cooling system is NOT a once through cooling system. It is a sea water cooling tower designed to reduce intake of sea water. However, it is not clear whether the cooling system is a closed cycle cooling system or an open system with helping tower as the water balance diagram shows a Cooling Tower blow down of 1500 m3/hr.
7. Nearly 540 lakh litres of water will be drawn from the sea in a day and nearly 360 lakh litres of water will be discharged into the sea in a day.

8. Nearly 9,000 tonnes of Flyash will be generated every month.

9.Acidic gases such as Sulphur Oxide and Nitrous Oxide will be released by the power plant.

Likely Impact of Industries on Traditional Fishing in Mundra Coast

Likely Impact of Adanis' Port and SEZ on 10 Traditional Fishing Settlements. Directly Affected population - Nearly 10000 people.

1. Boat Fishing would be completely stopped as Fisherfolk are likely to be physically displaced from their settlement as the intertidal area is marked for development of Port Backup / SEZ in the project plan.

2. Fisherfolks' access road to the Bander is likely to be blocked due to restrictions imposed for the port/SEZ.

3. Fishing would be affected due to Desalination plants proposed near the coast.

4. Fishing in the region would be affected due to dumping of hazardous wastes from the two Shipping yards proposed.

5. Pagadiya Fishing will be completely stopped as access roads to Fishing grounds will be blocked to restrictions imposed by SEZ and intertidal zone will be filled up.

Full Details of Impact on Fishing

Other Impacts of Project

Click on image to see full size image

What do the Adanis say?
There is no Significant Commercial Fishing in the Area, hence no question of displacement, relief or rehabilitation.


Likely Impact of OPG Power Plant on Traditional Fishing in Randh Bandar. Directly Affected population - Nearly 2000 people.

1. Boat Fishing would be completely stopped in Randh Bandar as Fisherfolk are likely to be physically displaced from their settlement

2. Fisherfolks' access road to the Bander is likely to be blocked by the Power Plant

3. Fishing would be affected due to construction of Desalination plants proposed near the coast.

4. Fishing in the region would be affected due to discharge of sea-water used for cooling into the sea.

5. Pagadiya Fishing will be completely stopped as access roads to Fishing grounds will be blocked to restrictions imposed by Power Plant.

6. Fly ash and toxic gases generated by the power plant will make the area uninhabitable.

There are several Saltpans in the area. THe toxic affluents of the power plant are likely to affect the saltpans.

Location of OPG Power Plant vis-a- vis Fishing Settlement(Randh Bandar)

Click on the image to see the full size image

What do the OPGs say?
There is no Fishing in the Area, hence no question of displacement, relief or rehabilitation.