Bhavanapadu Victims of Development & Corporate Terrorists

 

 

 We thank MOEF for issuing directions to the proponent of Bhavanapadu Thermal Power Project at Kakarapalli for suspension of the ongoing construction work related with the project forthwith and for taking up review of compliance of conditions of Environmental Clearance (EC) & directions of NEAA Order dated 30-08-10, by Expert Appraisal Committee (EAC) dealing with Thermal Power Projects, in its meeting scheduled on 7-3-2011.

 

Inaction by Ministry of Environment & Forests or Collusion?

A number of representations were made by various organizations & concerned individuals, expressing objections and apprehensions about Bhavanapadu TPP at Kakarapalli, before EC was granted and there after. But unfortunately EAC ignored all the representations, including the observations of its Sub-Committee regarding the ground realities and recommended the project for Environmental Clearance in spite of overwhelming facts regarding Naupada Swamps and MoEF had chosen to issue the Environmental Clearance (EC) for the project by its Letter dated 2-4-2009.

In the 17 th Meeting of the Standing Committee of National Board for Wild Life held on 22-12-2009, under the chairmanship of the Minister for Environment & Forests , the site inspection report of Dr.Asad Rahmani and Dr, Asha Rajvanshi had clearly stated that  Naupada Swamps area was an excellent habitat for Migratory Birds and was classified as Important Bird Area (IBA). It also stated that the entire area of the project, starting from the approach road to the project site is marshy land and the EIA Report ignored Bio diversity of the area.

The National Environment Appellate Authority (NEAA) in its order dated 30-08-2010 observed that even after leaving 500 acres of land in southern portion, the remaining area, was still found to be a marshy. The Authority also observed that various reports in this regard, including that of sub-committee of EAC were found to be incorrect. The EAC and in turn the MOEF has relied on these reports for granting E.C for the project.

Justice Delayed - Justice Denied 

 

After a lapse of nearly two years and indiscriminate Police Firing on 28^th February 2011, leading to killing of two and injuring many innocent, peaceful & unarmed protestors, and a question was raised  in  Parliament on the subject, the MOEF reacted to the situation, as if it is a fresh case. If only the MOEF had been sensitive, responsive, proactive and not yielded to political pressures, the unfortunate incident could have been avoided. As long as we do not have an independent and autonomous Environment Protection Agency (EPA) for strict enforcement of Environmental Law, we will continue to be terrorized and be the victims of GDP oriented Development and Corporate Terrorists.

 

Cancellation of E.C by Regulatory Authority

 

As the Environmental Clearance (EC) granted by MoEF to Bhavanapadu Thermal Power Project,  is based on misleading information, and suppression of the ground realities , the EC  is liable for cancellation in accordance with Paragraph 8 (vi) of EIA Notification of 2006, which stipulates deliberate concealment and/or submission of false or misleading information or data which is material to screening or scoping or appraisal or decision on the application shall make the application liable for rejection, and cancellation of prior environmental clearance granted on that basis.

What useful purpose will be served by taking up review of compliance of conditions of Environmental Clearance by the Expert Appraisal Committee, which is a party for recommending E C based on incorrect / misleading reports/ information? It will only result in further delay.

 

 Swift and Decisive Action

 

The E.C granted to Bhavanapadu TPP at the present location, based on incorrect reports as observed by NEAA,, be cancelled by MOEF which is the Regulatory Authority, after giving a personal hearing to the Project Proponent, and following the principles of natural justice, with out delaying further by going through the process of Expert Appraisal Committee (EAC) Meeting which has become irrelevant now.

 The G.O.Ms.No. 1108 of 15-09-2008 allotting Govt Wetlands to the project be cancelled by the Government of Andhra Pradesh, in compliance with Hon'ble Supreme Court Judgment dated 28, January, 2011 in Civil Appeal No.1132/2011 with regard to Common Lands.   

Necessary penal action be considered & initiated in accordance with Sections 15, 17 and 19 of The Environment (Protection) Act, 1986, against the Officials responsible for suppressing the ground realities & submitting incorrect / misleading  reports in respect of Power Project at Bhavanapadu.

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