No claim of equity for work done during pendency of application
The Principle Bench of National Green Tribunal on Oct 27, 2017 admitted a comprehensive Appeal (No 33 of 2017) challenging the Environment Clearance to Phase I of Ken Betwa River Linking Project. The order of the Bench comprising of Hon’ble Justice Swatanter Kumar (Chairperson of NGT), Hon’ble Justice Jawad Rahim (Judicial Member) and Hon’ble Bikram Singh Sajwan (Expert Member) on Oct 27, 2017 (available on Oct 28, 2017) noted: “Learned Counsel for the respective respondents accepts notice and prays for time to file reply. Copy of the application be furnished during the course of the date. Let the reply to be filed within two weeks from today and rejoinder within two weeks thereafter. List the mater on 27th November, 2017.” Ritwick Dutta, Rahul Choudhary and Meera Gopal are the lawyers representing the petition. Continue reading “NGT Admits Appeal Challenging Environment Clearance to Ken Betwa Project”→
(Above: Protest outside MoEF on Oct 24, 2017 when EAC met to consider EC for Pancheshwar Project)
Oct 23, 2017
Chairman and Members, Expert Appraisal Committee (River Valley Projects), Union Ministry of Environment and Forests, Jor Bagh, New Delhi
Respected Chairman and Members,
The agenda of the EAC (for RVP) to be held on Oct 24, 2017, put up on the EC website only on Oct 18, 2017, just six days before the EAC meeting includes the 5040 MW Pancheshwar Multipurpose project (PMP), India’s largest proposed hydropower projects. The agenda should be available at least ten days before the meeting, and this should also be a reason for not considering the Pancheshwar project by EAC for its meeting on Oct 24. Moreover agenda mentions 5600 MW Pancheshwar project, where as the capacity as per EIA is 5040 MW. Is MoEF just callous in mentioning wrong installed capacity or has the capacity gone up? In either case, the 5040 MW Pancheshwar project should not be on EAC agenda. Continue reading “Letter to MoEF’s Expert Committee: Why Pancheshwar Project should not be considered for Environment Clearance”→
Above: Ken Yamuna Confluence at Chilla Ghat (Photo by Siddharth Agarwal)
We are thankful & glad that Dr Sharad Jain has responded to our open letter to MoEF, circulated through email and blog[i] that he holding the charge of NWDA Director General and Chairman of Expert Appraisal Committee (EAC) on River Valley and Hydropower Projects (RVP) involves Conflict of Interest. We are also thankful that through the Indian Express report (on June 3, 2017), he has provided another set of answers.
Union Minister of State of Environment, Forests and Climate Change (Independent Charge)
Paryavaran Bhawan, Jor Bagh, Delhi 110 003
firstname.lastname@example.org, email@example.com (PS to MoEF Minister)
We have just learnt that Prof Sharad Jain of NIH, Roorkee, and chairman of Expert Appraisal Committee (EAC) on River Valley and Hydropower Projects (RVP), is also holding additional charge of DG of NWDA, see: http://www.nwda.gov.in/writereaddata/linkimages/6419983647.pdf. His office just told one of us that he has been holding this charge since about three months already.
This is a clear case of conflict of interest. As you know, a number of NWDA projects come to EAC for approval at various stages. One such project that came before the EAC headed by Dr. Jain was the Ken Betwa project, which the committee headed by Dr. Jain promptly cleared in very first meeting of the reconstituted EAC in Dec 2016, weeks before Dr. Jain took over as Director General of NWDA, over ruling the issues that earlier four meetings of the EAC had raised about this project. How can one expect that the EAC chairman would be able to objectively, independently and scientifically appraise a project of the organisation (NWDA in this case) of which he is the Director General?
Under the circumstances, we believe there is no option, except that you must ask Dr. Jain to resign from his post as chairman of EAC, as his holding additional charge of NWDA DG, and already in conflict of interest. We also request you to ask the EAC to review their decision about Ken Betwa Project (and any other NWDA project) that the current EAC may have appraised, after appointing a new chairman of EAC.
We would like to bring to your attention that there is already a precedent in this context when in 2009, the then chairman of the EAC (RVP), Dr P Abraham was asked to resign since he was also director of hydropower companies whose projects came before EAC headed by him.
We hope you will act promptly on this issue. There is some urgency of this since the next meeting of EAC (RVP) is on May 31, 2017, that is tomorrow.
1. Prof Brij Gopal (Retired Prof from JNU, Delhi), Centre for Inland Waters in South Asia, Jaipur, firstname.lastname@example.org
2. Dr E A S Sarma, former Secretary, Govt of India, Vishakhapatnam, email@example.com
3. Dr Bharat Jhunjhunwala (Formerly with IIM Bangalore), Uttarakhand, firstname.lastname@example.org
4. Vimal Bhai, MATU jan Sangathan, Uttarakhand, email@example.com
In an unprecedented first ever Audit report, the Comptroller and Auditor General of India (CAG) which recently conducted Performance Audit on ‘Environmental Clearance and Post Clearance Monitoring’ has unambiguously stated that the existing processes for grant of Environmental Clearance are fraught with serious violations, noncompliance and deficiencies.[i] In fact River Valley and Hydroelectric Projects have been highlighted for poorest quality of Environmental Impact Assessment (EIA) Reports, maximum irregularities during Public Hearings, and non-compliance of Environmental Clearance conditions.
This is a resounding slap on the face of the functioning of the current and past Expert Appraisal Committee’s (EACs on Dams and vindicates and validates what SANDRP and other civil society groups have been saying for long. This is indeed much needed critical feedback when EAC is seeking to make its proceedings less and less transparent and providing false justifications for the same.Continue reading “CAG validates concerns about shoddy environmental appraisal of Dams”→
SANDRP Blog Little for Bundelkhand, lot for contractors in Ken Betwa river-linkThe official executive summary of the Detailed Project Report of KBLRP on NWDA website says: “The main objective of the Ken-Betwa link project is to make available water to water deficit areas of upper Betwa basin through substitution from the surplus waters of Ken basin.” Upper Betwa basin (Raisen and Vidisha districts of MP) is not in Bundelkhand. So KBLRP is essentially facilitating export of water from drought prone Bundelkhand to area outside Bundelkhand, which, in fact is well endowed with over 900 mm of average annual rainfall.
The DPR further says, a third o the surplus water will be utilized for “enroute irrigation of 0.60 lakh ha. in the districts of Tikamgarh and Chhatarpur of MP and Mahoba & Jhansi of U.P.” The claim in the minutes of Expert Appraisal Committee meeting of Dec 30, 2016 that “It is proposed to provide irrigation facility in 6,35,661 ha of area in Panna, Chhatarpur, Tikamgarh Districts of Madhya Pradesh and Banda, Mahoba and Jhansi Districts in Uttar Pradesh” needs to be put in context here. Firstly, this claim is far in excess of what the presumed surplus water can irrigate.
Union Environment Minister Anil Madhav Dave on January 5, 2017 reportedly told a meeting called by his ministry of non-official members of statutory bodies like expert appraisal committees and forest advisory committee, “How can we hold up development and not fulfill the needs of the poor for the sake of birds and animals?” This is of course a shocking statement to come from a minister whose mandate is to protect environment!
Above: Ken River in PTR – Glimpse of long deep gorge (Photo by RS Murthy, former Field Director of PTR)
Guest Blog by Hemendra Singh Panwar (Padma Bhushan, director of Project Tiger (1981-85 and first director of Wildlife Institute of India (1985-94)
My professional conscience impels me to make this submission, challenged as it is by the reliance on half-truths and misinformation by the Project proponents to justify environmental and wildlife clearances for Ken-Betwa River Linking Project (KBLP) from the State and Union governments. Let me at the outset clarify that I am not and have never been an activist even to promote conservation, though I did strive my best to this end within the system. I also have no phobia against dams and canals but do carry the conviction that ill-conceived such projects using wanton half-truths to present a mirage of unachievable benefits can but severely impact ecological and field conservation status while failing to deliver the claimed outcomes. Continue reading “What ails DPR and EIA of Ken-Betwa Link Project: A Note for EAC of MoEF&CC”→