To
Smt. Jayanti Natrajan 12th November, 2012
Union Minister of Environment and Forests
Paryavaran Bhavan
CGO Complex
New Delhi.
SUB: REGARDING VIOLATION OF FRA IN GRANT OF FOREST CLEARANCE TO 180 MW BAJOLI- HOLI HYDRO-ELECTRICITY PROJECT IN HIMACHAL PRADESH
Dear Madam
We, the members of Himdhara Environment Research and Action Collective, would like to register our serious objections to the gross violation of Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA, 2006) and MoEF’s own circular of 3rd August, 2009 by grant of Stage II Forest Clearance for the 180 MW Bajoli-Holi Hydroelectricity Project in the Bharmour sub-division of the Chamba District, Himachal Pradesh. The people of this mountainous area are heavily dependent upon local forests, agriculture and natural water springs for survival in the harsh terrain. The residents of the Nayagram Gram Panchayat have been opposing the project due to the shifting of the alignment of the head race tunnel (HRT) and the power house for the project from the uninhabited right bank of the Ravi river to the left bank of the river. People belonging to five gram Panchayats live on the left bank in the project affected area. All their agricultural and horticultural lands, natural water sources and dense forests are situated along this left bank of the river while right bank mostly comprises of barren rocks and grasslands. In this context we would like to submit the following:
1. GMR, the project proponent, decided to shift the alignment of the HRT and the power house for the project from the right bank of the river to the left bank without any geological or scientific basis. It cited the reason that project design along the right bank was geologically unviable and presented distorted facts before the public during the Environment public hearing and also while obtaining no objections of some of the Gram Sabhas to be affected by the project.
2. The claims of the company regarding unviability of the right bank alignment of the HRT and the power house are invalidated in the light of a letter issued by Himachal Pradesh State Electricity Board Limited (HPSEBL) to the Deputy Commissioner, Chamba District (appended herewith). HPSEBL is the agency of the state government that had conducted the original pre-feasibility study and survey for the project, on the basis of which the bids for the project had been finalised. The letter clearly states that the right bank design for the HRT and the Power House has been finalised on the basis of surveys conducted by The Survey of India. Thus, there is no substance to the contention of the project proponent that the right bank design is technically unviable. HPSEBL has cited many reasons for preferring the alignment of the project along the right bank of the river
i. Much lesser need for rehabilitation and mininum disturbance to local people living in area surrounding the project
ii. Drying up of subsurface water sources, lakes and ponds especially since most of the population and their cultivated lands are on the left bank
iii. Risk to Sara Dal, a religious lake esteemed by the local people
iv. The left bank of the rive is geologically more disturbed with several ancient landslide scars being visible
3. The Environment Clearance for the project was granted by the MoEF on 24th January, 2011. This clearance was granted despite the fact that there is almost no free flow of the river between the project in question and the Kuther HEP downstream, in contravention to the norms generally applied by the EAC while clearing projects.
4. The Stage I Forest Clearance for the project was granted on 8th July, 2011. Among the conditions that were to be fulfilled before the grant of Stage II Forest Clearance were:
i. Carrying out of Cumulative Environment Impact Assessment of all the hydroelectricity projects on the Ravi river basin by the state government.
ii. The user agency to obtain clearance under FRA, 2006 before the final approval and all certificates to be submitted as per the MoEF Advisory of 3rd August, 2009.
5. Some of the residents of the area moved the High Court of Himachal Pradesh challenging the Environment Clearance and the Stage I Forest Clearance to the project. The matter is under consideration at the High Court of Himachal Pradesh (CWP 2083/2012, Mangni Ram and ors. vs. Union of India and ors.) and the MoEF is a party therein.
6. MoEF has meanwhile granted stage II clearance to the project on 20th October, 2012 despite the Gram Sabha of the Nayagram Gram Panchayat havig passed a resolution in opposition to the project (appended herewith). The process of settlement for rights under the provisions of FRA has also not been completed in the area. The grant of Stage II Clearance for the said project is in contravention of the conditions a,c,e and f mentioned in the circular issued by the MoEF for the compliance of FRA on 3rd August, 2009.
7. The grant of Stage II clearance is also violative of the condition No. 5 of the Stage I Clearance regarding the Cumulative Environment Impact Assessment for the Ravi river to be conducted before the final clearance. It is rather surprising that while the FAC has rightly stalled several other projects for non-compliance of the August 2009 circular as well as for the want of the CEIA studies (in case of Himachal Pradesh), why was this project recommended for Stage 2 clearance?
We urge you to look into this matter on priority and revoke the Stage II clearance for the Bajoli-Holi Hydroelectricity Project. We would be thankful to you if you direct the officials within the MoEF to institute systems for confirming whether all the necessary conditions have been fulfilled before the grant of all clearances.
We are looking forward to point wise response from you on the above issues.
Yours sincerely,
Prakash Bhandari Manshi Asher Rahul Saxena
Himdhara Environment Research and Action Collective,
Village Kandwari, PO Kamlehar,
Tehsil Palampur, Himachal Pradesh. 176061
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