DRP News Bulletin

DRP 220321: PM presiding over proposal for destruction of 46 lakh trees, Bundelkhand & Panna Tiger Reserve on World Water Day?

There cannot possibly be any worse news on World Water Day for India than that the Prime Minister is presiding over the agreement between Uttar Pradesh and Madhya Pradesh Chief Ministers to destroy some 46 lakh trees, Panna Tiger Reserve, Ken River, Bundelkhand and also downstream Banda district. All to export water from Bundelkhand to Upper Betwa basin.  All this in the name of pushing the mindless project called Ken Betwa River Link Project. Why is the government pushing this destructive project, a Rs 38 000 Crore proposition? The answer to that question is in that question: it is a Rs 38 000 Cr proposition!

There is still some hope though for the people of Panna, Banda and Bundelkhand if there is any respect for the law of the land. This is because the project does not have final forest clearance and the conditions of the stage I forest clearances are not implementable. The Wild Clearance of the project is challenged by the Central Empowered Committee of the Supreme Court, following a petition. The Environment Clearance to the project has also been challenged before the National Green Tribunal. Let us hope there is sufficient respect for the law of the land, to ensure that the project does not go ahead even with the agreement signed. But a key propriety question arises is, should the prime minister endorse a project that does not have all the statutory clearances and legal challenge to whose clearances are before the judiciary?

But the prime minister’s advocacy for rainwater harvesting on the same also loses a lot of its credibility, seeing that he is presiding over this destruction that goes totally against the central message of harvesting rain where it falls, when it falls.

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Hydropower

Judicial Interventions in Hydro Projects in India in 2020

This report is about the interventions by various judicial bodies in India in the hydro power projects related issues in 2020. This also covers judicial decisions either delaying the justice or facilitating the projects thus unhelpful for the public interest cause and paving way for financially unviable and environmentally destructive projects. The account first looks at judicial interventions at the National level and then in states in North, North East and South Zones. 

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DRP News Bulletin

DRP 080321: Will Madras HC action help save water bodies?

While on the face of it the Madras High Court order on March 2, 2021 that all district collectors of Tamil Nadu must upload by March 17, GPS/ satellite images of all the water bodies in their districts is not only welcome, it needs to be done in all the districts across India. This order is by the bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy.

The same bench had earlier in January 2021 said, in response to a PIL that the government officials must have zero tolerance towards encroachment of waterbodies and ensure that every inch of such encroachment gets removed at the earliest by following the due process of law. The PIL had sought for removal of encroachments from a two-acre swamp at Arehalla in Ithalar, a village in Nilgiri hills.

While these are welcome, we hope these orders get implemented and provisions be made by the HC to ensure accountability of the DMs to ensure that all information is put out on the district water bodies website in form and manner that people understand as also in english and should be archived so that the information can be used in future. The information from the past should also be put up on such websites and a transparent, participatory monitoring of the water bodies be instituted for each district.

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DRP News Bulletin

DRP 010321: Actions speak louder than words on PM’s appeal for water, river conservation

In his #MannKiBaat on Feb 28, 2021, India’s Prime Minister Shri Narendra Modi appealed to people to conserve our Rivers, Water, referring to Magh Purnima on Feb 27 2021 and Sant Ravi Das teachings. He also said that India’s traditions, festivals, scriptures, etc have so much place for rivers, also mentioning the Kumbh mela this year at Haridwar. He mentioned that a 100 day campaign will be launched soon by the Jal Shakti Ministry for rainwater harvesting. He gave several examples from across the country where individuals and groups have taken up such words.

All that sounds fine and welcome. But the trouble is that his all-powerful government is working consistently and with increasing intensity towards opposite direction. This very week his Power Minister expressed ignorance if hydropower projects have any environmental adverse impact, right in the face of destruction wrought by the hydropower projects in Chamoli disaster in Uttarakhand on Feb 7, 2021. Why is the Union Government still pushing hydropower projects which are no longer even economically viable, they never were environmentally sustainable or socially acceptable.

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Dams, Rivers & People

DRP 150221: Why Mangshri Devi of Tapovan Should Head Uttarakhand’s Disaster Management Department?

Feature image Tapovan-Vishnugad hydropower project in Chamoli district on Feb., 7 by Gajendra Yadav, Express Photo

In a fantastic story, Shivani Azad of The Times of India has reported possibly the most remarkable story of the Chamoli avalanche disaster that started on Sunday morning on Feb 7, 2021. She reported that Vipul Kairuni of Dhaak village in Tapovan, working at the time at the now destroyed Tapovan Vishnugad project, got saved thanks to frantic calls by his mother Mangshri Devi as she and his wife saw from their village home, situated at a height from the river, that a massive flood is approaching the dam site. It was thanks to frantic, repeated calls by Mangshri Devi that not only Vipul, but at least two dozen more people could run to safety of a ladder and saved their lives.

So effectively, Mangshri Devi has saved at least two dozen lives in Chamoli disaster. Who else can claim to have achieved anything like that in the disaster? The disaster management department seems completely absent from the scene either in terms of pre disaster monitoring or in taking steps to save lives during the disaster. In fact, there should have been an early warning system in place that could have saved many more lives. But it does not exist. Either in Rishiganga/ Dhauliganga basin or anywhere else in Uttarakhand. NTPC’s Tapovan Vishnugad Project has faced so many disasters already since 2008, but is only now talking about putting in place early warning system. Should not the NTPC and power ministry top brass as well as Uttarakhand disaster management department held accountable for that?

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Dams, Rivers & People

DRP 080221: Will NITI Aayog study the costs of overturning the Radhakrishnan Judgement on Uttarakhand?

NITI Aayog, we learn, has started studies of implications of the Supreme Court and NGT orders on environment issues. In the context of the massive Chamoli disaster now unfolding in Uttarakhand, NITI needs to urgently institute an inquiry as to who all are responsible for overturning the Justice Radhakrishnan led verdict of Aug 13, 2013 about the June 2013 Uttarakhand disaster and role of hydropower projects in the disaster and the costs of overturning that verdict. In fact if the Justice Radhakrishnan verdict were to have been sincerely and honestly implemented to its logical conclusion, the proportions of the current Chamoli disaster and others would have been majorly reduced. So the costs are no doubt huge and mounting. Will NITI Aayog institute such an independent inquiry urgently?

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DRP News Bulletin

DRP 010221: Dissolving YMC is retrograde

In a shocking and disappointing move, the National Green Tribunal last week dissolved the Yamuna Monitoring Committee (YMC) in Delhi, UP and Haryana along with Justice Pritam Pal Committee and asked the state government to implement the various measures in earlier YMC and NGT reports and directions. This seems like a major set back for the future of Yamuna and other rivers. This seems to have been a direct fall out of the Supreme Court of India Suo Moto taking up the Yamuna pollution issue. This is not going to help solve the seemingly intraceable issue of tackling pollution of our rivers. If the states were interested and capable of implementing the necessary measures, we won’t have required YMC in the first place. YMC was taking a number of useful steps and as we wrote in the DRP lead story dated January 18, 2021, what is required is strengthening the hands of the YMC, but as if our worst fears were to come true, YMC has now been dissolved, even before it could make its mark in achieving cleaner rivers.

It should be noted that our judiciary does not have very remarkable track record in achieving cleaner rivers. In fact the same Supreme Court took up Yamuna case Suo moto in 1994 and not having been able to achieve any better state of Yamuna, after dealing with it for 23 long years, handed over the case to NGT in 2017. Supreme Court had been dealing with Ganga case even longer, and again not achieving better state of the river, handed over the case to NGT in 2017. It seemed like NGT had done something right in setting up YMC, but that also has been dissolved. Its clear that unless the citizens and society does not rise up, there is no hope for our rivers.

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DRP News Bulletin

DRP 250121: UN warns about aging Dams & Floods in changing climate

A new UN report released on January 21, 2021 UN has warned the major big dam owning counties about the aging population of fast silting up dams in changing climate and urgent need to start working on decommissioning of uneconomical large dams. Among the few countries that UN has warned includes India with its third largest number of big dams. The added problem in India is the ill maintained and ill operated large dams that UN report did not look into. Indian dams are sanctioned based on highly under estimated siltation rates, there is practically no transparency and accountability in operation of Indian dams and dam almost every year get away with creating avoidable flood disasters. This latest problem is not just related to old dams, but even the newest celebrated ones like the Sardar Sarovar Dam as happened in Gujarat in late August-early Sept 2020. No legal regime exists in India for dam safety, either structural safety or operational safety. And in changing climate, with increasing frequency of higher intensity rainfall events, such risks are already increasing multi-fold.

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Wetlands

Wetlands Overview 2020: Judiciary is active, but remains ineffective

The highlight of the overview of wetlands in India in 2020 here (keeping aside the Wetlands related developments in Maharashtra in 2020 and Positive wetlands related developments in 2020, on both these subjects we have published separate reports), is that the National Green Tribunal (NGT), various High Courts and even the Supreme Court have been quite active on wetlands front, but there is very little impact of this on the wetlands and their governance in India. This is basically because, and this is the second key highlight of this overview, the central and state governments have shown almost no interest, understanding or will to protect the wetlands. This is in spite of the huge number of new Indian wetlands brought under the Ramsar convention in 2020, since experience and also this overview shows that Ramsar convention does not seem to particularly help the fate of the wetlands. The third highlight of the overview is that there is a lot of civil society effort, both in terms of advocacy and work on ground for the protection of wetlands in India. In fact the legal action that we see in the NGT and Courts is largely due to their efforts. In fact whatever little positive developments we see here is coming from community and civil society efforts.

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DRP News Bulletin

DRP 180121: Is there any hope for Yamuna from Delhi, SC actions?

Yamuna is again in headlines in this week’s Bulletin. It carries the Nov 2020 announcement of Delhi Govt plan to clean river by 2023 and the action by the Supreme Court. There is nothing very convincing, path breaking or new in what the Delhi Govt has announced, such announcements keep coming every few years and then tend to be forgotten, to be renewed with announcement of new deadlines in this case. Unfortunately, the Supreme Court action is not particularly different. One only needs to remind the apex court and everyone else that in 1994, the SC had taken up Yamuna case suo moto. No impact on the river could be achieved till around 2017, when the SC decided to handover the case to NGT. It is not clear what exactly has prompted SC to take it up again, but the move does not inspire confidence considering the past track record.

We hope we are wrong and the Delhi Plans and the SC move does lead to better days for Yamuna. In the meantime, the Yamuna Monitoring Committee set up by the NGT is doing its role, but one wishes, their hands and plans as strengthened and pushed by the NGT, which does not seem to be the case currently.

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