Matu files Letter of Complaint with concerned Ministries over the Destruction caused by the Tehri Dam Reservoir
Matu Peoples' Organisation has sent a Letter of Complaint to Different Ministries on the Destruction caused by the Tehri Dam Reservoir (1000 MW, Uttarakhand). Matu Peoples' Organisation has been raising the issue of destruction caused by the Tehri dam ever since the water level was raised in August this year.
THDC has knowingly put the lives of people in danger and there are agitations allover the once peaceful valley. The affected people are sitting on dharnas in the several villages, some looking for R&R promises to be fulfilled and others in a desperate attempt to save their houses. In the village of Sarot, people are on a hunger strike and intend to go for JALSAMADHI to get their voices heard. People are also sitting on dharna at the New Tehri Town since 7th November under the banner of Nagrik Manch. A member of Nagrik Munch, Shri Sunderlal Uniyal, a resident of village Jaspur has been on indefinite hungerstrik since 11th November.
The State and the Central governments (BJP and Congress respectively) have been in the know about these developments, but, instead of taking action, they are politicizing the issue by sitting on single- day dharnas and passing the blame. Matu supports the agitations and condemns both, the BJP and Congress parties' crocodile tears. We appeal to these parties to work together on solving this issue.
We feel people need to be made aware of the truth of what's happening in Tehri and we hope that the media will play its part. By publishing this letter, the issue will reach a larger audience and force the government to take note of the problem.
More information and pictures on the issue can be downloaded from our blog
The following Letter has been sent to the Ministry of Environment and Forests, the Ministry of Power, the Ministry of Water Resources and the Central Water Commission:
To,
Shri Jairam Ramesh
Union Minister of State for Environment and Forests (Independent Charge),
Paryavaran Bhawan, Lodhi Road
New Delhi 110003
Jairam54@gmail.com, mosef@nic.in
Subject: Destruction due to Tehri Dam Reservoir (1000 MW, Uttarakhand)
Violation of environment clearance No. 2-19-81-HCT/1A-1
Respected Sir,
We are writing this letter with immense grief and concern over the environmental destruction caused by the increase in the water level of the Tehri dam reservoir to 832 M from the sea level in the 2010 monsoon, in violation of environmental laws and R/R policy. We are shocked at the MoEF's apathy to this issue, even as it gets deserving media attention.
Thus, we are putting forward a few critical issues related to the environment clearance granted by the MoEF to the Tehri Hydro Electric Project (Tehri Hydro Electric Project consists of the Tehri Dam, Tehri Pump Storage Plant and the Koteshwer Dam) dated 19th July 1990 (Letter attached).
Rehabilitation issues
The 260.5 M high reservoir of the Tehri Dam on the confluence of Rivers Bhagirathi and Bhilangana continues to be a huge threat to the life and property of the people living near it.
- The recent increase in water level affected the lives of several families living between 820m to 840m in the more than 40 “Partially Affected Villages” such as Pilkhi, Ghonti, Uppu, Sod Uppu, Syansu, Bhaldgaon, Chinyalisoud, Hadiyaadi and Chhaam, who have either never been rehabilitated or are too poor to move.
- Main links bridges to the Cutt-off areas like bridges at Devisoud, Ghonti etc. have been submerged. As a result, people of the cutt-off areas have been forced to take other longer routes (almost 20-70 km extra) to reach the District office.
Issues related with GSI
In a 2002 study by the Geological Survey of India (GSI) said a rise in the water levels could increase pressure and instability of the slopes. Tehri Hydro Development Corporation (THDC) has deliberately ignored all GSI reports on the Tehri region in order to hasten the pace of Tehri project completion.
- The GSI had recommended to fill the water in the reservoir only after taking into account the seismological vulnerability. The THDC, however, continued without taking any action. An example of this is that of Gojmer gaon that the GSI had recommended for relocation. The village was however, not relocated and the Chamba-Dharasu road passing near the village collapsed this year.
- Due to the rise of the reservoir level many residential colonies and important roads like the Jogatmarg-Gangotri highway got sandwiched due to the land slides.
- Many houses and shops of the village Chhaam, Chinyali Soud have collapsed. People had to leave their houses and move to other places. There are cracks visible in the houses, roads, slopes above the reservoir at many of the places around the Tehri Dam reservoir Rim area.
- This catastrophe is likely to continue as the GSI has indicated that the falling water level will lead to increased landslides in the area. The GSI has already recommended the relocation of three villages above the dam area and the survey in the ongoing in about a dozen other villages.
- However, since these partially affected villages are not in the submergence area, there is no land to relocate them to and talks of monetary compensation are ongoing.
Violation of CWC norms
According to the Central Water Commission norms, since the water level was being raised above 820 M for the first time, it had to be monitored such that the water level should not rise more than 0.3 M in 48 hours. THDC did not follow the norms of the Central Water commission for raising the water level in the dam reservoir.
- THDC records show that while on the 28th of August, the water level was 820 M, it rose to 825 M by 13th of September. The water should not have risen more than 2.4 M in the 16 days. However, THDC allowed the water to fill the reservoir at more than double the legal, prescribed speed and in doing so violated the CWC recommended norms.
- This move had put the people and animals of the surrounding areas, the valleys downstream and the places upstream in extreme danger.
- In May 2006 as well the THDC had within a span of only 15 days raised the water level by more than 12 m. According to the CWC norms the water level should not have exceeded 3m in these 15 days.
Wrong operation of TDP
Impact on the downstream underconstruction Koteshwer Project were also seen. The excess overflow and current of the water released harmed the 400 MW Koteshwar dam being built downstream. While the THDC blamed this on the monsoon, the truth of the matter is that THDC is responsible for the delays in construction and for making only one diverging tunnel at the site. The wrong operation of the Tehri HEP led to avoidable flood disaster and avoidable damage of Koteshwer HEP.
Actions going on in the area
For most people the situation has reached the point of No-Return. These affected people are sitting on dharnas in different parts of Tehri Dam reservoir. For example, in the village of Sarot, people are on a hunger strike and intend to go for JALSAMADHI to get their voices heard. People are sitting on dharna at the New Tehri Town under the banner of Nagrik Manch for the fulfillment of their demands of safe drinking water and other R/R promises etc.
It is apparent that the THDC raised the Tehri reservoir water level without considering the impact on the people as well as the environment. It is a clear violation of the environment clearance given by the MoEF.
We demand:
- An independent inquiry be conducted to find out the reasons behind above mentioned incidents.
- Action be taken against THDC.
- An independent Fact Finding Team be sent to assess the current situation around the Tehri Hydro Electric Project, with a prior information to all and FFT should meet and listen people openly.
- THDC's Environment Clearance be cancelled for underconstruction projects and not granted for future projects allotted to them.
In fact this is the time when the whole issue of rehabilitation and environment related to the Tehri Dam project should be reopened and discussed at large to avoid these kind of irreversible mistakes that shall continue to occur again and again at the time of filling the Tehri reservoir. It should also be kept in mind that the Pump Storage Plant and the Koteshwer HEP are still under construction.
Looking forward to prompt action on your part.
Sincerely
Vimal Bhai
Convener
Puran Singh
Attached- Environment Clearance letter dated 19-07-1990
Pix of destruction due to Tehri Dam reservoir
- Mr. Vijai Sharma, Secretary
- J.M. MAUSKAR, ADDITIONAL SECRETARY, Impact Assesment Division
- Dr. S. Bhowmik, Add. Director (IA)
- Ms. Nalini Bhatt, Advisor
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Tehri Dam Case: Supreme Court Order dated 9 Nov. 2010
ITEM NO.1 COURT NO.3 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).22894/2005
(From the judgement and order dated 29/10/2005 in PIL No.
1287/2003 & RA No. 7124/2004 of The HIGH COURT OF UTTARANCHAL AT
NAINITAL)
N.D.JAYAL & ANR. Petitioner(s)
VERSUS
UNION OF INIDA & ORS. Respondent(s)
(With appln(s) for exemption from filing O.T.,directions and
prayer for interim relief and office report)
WITH SLP(C) NO. 22895 of 2005
(With prayer for interim relief and office report)
SLP(C) NO. 26034 of 2005
(With prayer for interim relief and office report)
Date: 09/11/2010 These Petitions were called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE R.V. RAVEENDRAN
HON'BLE MR. JUSTICE A.K. PATNAIK
For Petitioner(s) Mr. Sanjay Parikh,Adv. Mr. Anish R. Shah,Adv.
Ms. Mamta Saxena,Adv., Ms. Soomya Roy,Adv.,Ms. Anitha Shenoy,Adv.
Mr. Collin gonsalves,Sr.Adv., Ms. Ambalika,Adv., Mr. Shanti Pd. Bhatt,Adv.
Ms.Jyoti Mendiratta,Adv., Mr. P.S. Narsimaha,Sr,Adv., Mr. Virendra Rawat,Adv.
Mr. Alok Singh,Adv.
For Respondent(s)
2
(Union of India) Mr. J.S. Attri, Sr.Adv., Mr. Aditya Sharma,Adv.,
Mr. A.K. Sharma,Adv., Ms. Binu Tamta,Adv., Mrs Anil Katiyar ,Adv
Mr. V.K. Verma ,Adv, (St.of Uttarakhand) Ms. Rachana Srivastava ,Adv.
(State of U.P.) Mr. Pradeep Misra,Adv., Mrs. Malvika Trivedi,Adv.
Mr. Kamlendra Mishra ,Adv, Mr. Vijay K. Jain,Adv.
UPON hearing counsel the Court made the following O R D E R
Re: Problem (ii) referred in Order dated 17.9.2010
One of the areas that required urgent attention was the action to be taken on account of the change in the rim survey line. It was submitted by the petitioners that apart from the arlier assessed project affected families, about 158 additional families in 45 villages would require rehabilitation.
In its affidavit the State Government has stated that on a fresh survey,there was a correction in the survey line and additional lands were required to be acquired in 45 villages; that in regard to lands acquired in 40 villages, compensation has been announced; and that lands in 5 villages are being acquired by private negotiations;that awards have been announced offering Rs.22,25,22,073.68 out of which Rs.14,86,94,975/- has already been disbursed towards compensation.
It is also stated that 108 families have been identified for rehabilitation and they have been rehabilitated. On the other hand,the Tehri Hydro Development Corporation (THDC)in its affidavit has stated that only 99 families were required to be rehabilitated and all the 99 families have been allotted alternative land for rehabilitation and resettlement as per the revenue records. It is seen that there is some divergence in facts stated by the State Governmentand THDC. However, the issue can be sorted out by the following directions:
(a) The State government should expedite the disbursal of the remaining compensation amount out of Rs. 22,25,22,073.68 which is stated to have been awarded.
(b) As petitioners have stated 158 families require to be rehabilitated and according to the State only 108 families are to be rehabilitated,the petitioner may give a detailed list of the remaining 50 families which require rehabilitation. The said list shall be furnished by the petitioners to the State Government and THDC for their verification and appropriate action. A time limit of six months is fixed for the State and THDC to act in co-operation with each other to verify whether the said 50 families requires rehabilitation and if so, to take immediate measures for their rehabilitation.
Re: Problems (i) and (iii) referred in Order dated 17.9.2010
Earlier water level had been permitted to raise up to 820 meters. By order dated 27.8.2010, as an emergency measure, this Court had permitted THDC to increase the water level upto RL 830 meters. Earlier on account of the water level increasing up to 820 meters and thereafter receding, 26 villages are stated to have become
unstable leading to frequent landslides. Now on account of the water level being permitted to raise upto 830 meters and water level having risen and receded, it is expected that some more areas are likely to become unstable leading to landslides. Therefore, on 17.9.2010 it was directed that necessary steps should be taken in the risk zone 5 to ensure that there was no loss of life or property.
The State Government has stated in response to that direction that it had constituted a committee consisting of the representatives of the Geological Survey of India, Mines and Mineral Department, Survey of India, I.I.T. Roorkee and Rehabilitation Directorate of THDC etc. to visit the affected areas and assess the damages that had occurred or likely to occur on account of water level reaching RL 835 meters and thereafter receding from that level.
The learned counsel for THDC submitted that as the assessment had to be done in a large area, the committee is likely to take a minimum of six months. It is stated by the State Government and THDC that once the report is received, they will require another six months to instal/build/erect safety measures to prevent loss of life and property. As the committee has been constituted only to assess and examine the damages/landslides which are likely to take place, it is directed that consequential rehabilitation measures shall be decided by the State Government and THDC and put in place within six months from the date of receipt of the report.
Re: Problem (v) referred in order dated 17.9.2010
By our order dated 17.9.2010 we had referred the failure on the part of the State Government and THDC to take up drinking water scheme for the affected villages resulting in the paradoxical situation of shortage of drinking water when entire villages were getting submerged/marooned.
In reply, the State Government has stated that drinking water supply scheme for partially submerged villages have already been completed and Rehabilitation Directorate has already released Rs.3.01 crores recently to meet the overrun in cost in regard to the remaining work under various water supply schemes. THDC has contended on the other hand that there is no drinking water problem at all and that all the drinking water schemes are completed and the amount spent by the State Government has been reimbursed by THDC.
Unfortunately, again there is a divergence in the views of the State Government and THDC.
We also find that when there is allotment of funds or release of funds, it is treated both by State Government and THDC as utilisation of the funds for the purpose and completion of the scheme, which, unfortunately is not correct. The State
Government in its affidavit, has stated that a sum of Rs.3.01 crores has been released only recently. Therefore, obviously, the statement of THDC that the drinking water schemes have been completed and amounts have been spent may not reflect the true position.
The petitioners by way of an illustration, have made specific reference to 3 drinking water
schemes namely (1) Koshyartal Drinking Water Scheme (2) Pratap Nagar Drinking Water Scheme and Sarjyula Drinking Water Scheme, commencement of which was notified long back. It is pointed out that the first two schemes namely, the Koshyartal and Pratap Nagar Drinking Water Schemes have not been commenced at all. It is also pointed out that as
far as Sarjyula Scheme, it has been commenced but it has not been completed. This however, is denied by the State and THDC. Instead of examining the disputed question as to whether the schemes have been commenced or if commenced, whether they are completed, we direct the State Government and THDC to ensure that the said three drinking water
schemes, if not completed, should be completed within a period of four months from today. The fact that we have names the three schemes does not mean that the State and THDC should bestow their attention in regard to only those three schemes.
We have referred to them only by way of illustration and wherever the drinking water schemes are urgently required, the State and THDC shall attend to them within a period of four months.
Re: Problem (iv) referred in order dated 17.9.2010
This Court had appointed a Grievances Redressal Cell to hear and decide the various issues and grievances relating to R & R work of Tehri Project. In the subsequent order dated 17.9.2010 we had noted that more than 1000 grievance petitions were pending consideration and in regard to nearly 500 grievance petitions which had been heard and decided, orders have not been signed and released. We had therefore, directed immediate further action.
The State Government and THDC in their response have stated that in all, 2815 grievance petitions were received and registered and out of them 2367 grievances have been considered and disposed of and remaining 448 grievances are yet to be decided.
The decisions of Grievances Cell is vital to the survival of the oustees/affected families. We request the Grievances Redressal Cell to complete the process and decide the pending grievance/ complaints within a period of six months from today.
There is a grievance in regard to the functioning of the Grievances Redressal Cell itself. It is stated that though many matters are heard and decided, orders are not signed and released. The aid complaint is reiterated today also. The State Government asserts that there is no such pending matters for signature after decision and wherever decisions have taken they have already been signed. The statement is placed on record. As and when the orders are signed, they should be immediately be communicated to the parties concerned so that they may become aware of the result of their grievances and wherever relief is given, take the benefit of such decisions.
Re: Problem (vi) referred in order dated 17.9.2010
In our order dated 17.9.2010 reference was made to the inaction on the part of the State and THDC to provide access and connectivity to the affected areas. A reference was made to the lack of progress in regard to construction of Dobtra Bridge, Ghonti Bridge and the work of rope ways and ferry boats wherever necessary. The petitioners submit that the position remains the same and no action has been taken.
On the other hand, the State Government and THDC have submitted that necessary steps are being taken and delay is either on account of the design of the projects being changed on account of upgradation of some of the projects (say from pedestrian bridge at Garti to light motor vehicle bridge) and other technical reasons.
It is also submitted that the financial outlay has also increased enormously on account of the design changes and on account of the additions/extensions and there is also a problem of funding. It is however stated that the work will be commenced immediately after necessary funds are made available by THDC/Union Government. THDC has stated that wherever funds are required, it has been released.
The petitioners have presented a grim picture as to how in the absence of bridges, people will have to travel by foot by other means adding to the distance anything between 25 kms. to 50 kms. To reach the destination. In the circumstances, the urgency in building these access works cannot be over stressed. Even though the State and THDC may have problems regarding designing, finance and other technical aspects, keeping in view the fact that absence of the bridges is creating hardship to the villages concerned, the work should be expedited.
We direct that the following steps should be taken in a phased manner:
(a) Wherever bridges are not available, ferry services/rope ways should be provided.
(b) The designing and modification of the projects should be completed and necessary finances released so that the work can be commenced at least within six months from today. Wherever the work has commenced, but not completed, an endeavour should be made to complete the same within one year. Here again the naming of the projects is only illustrative and connectivity and access should be provided wherever required.
Re: Other problems not specifically mentioned in Order dated 17.9.2010
The petitioners point out that the Rehabilitation Department was preparing the list of left out shopkeepers in the overall project area who were not considered for R & R; and that the total number of left out shops is around 400 with a financial implication of Rs.4.8 crores. The grievance of the petitioner is that the said amount has not been released inspite of repeated reminders. Learned counsel for THDC submitted that THDC in consultation with the Union of India, take necessary steps within three months from today.
The petitioners next referred to the replacement and compensation of Government and non- Government buildings i.e. schools, dispensary, hospital, guest house, temple, crematorium etc. which have been submerged. It is submitted that for relocating these facilities, a sum of Rupees Nine Crores would be required and the Directorate (Rehabilitation) has released Rupees six crores under the head "Reconstruction and Relocation" for public facilities below EL 835. The balance amount has not been released and the works are yet to be completed.
The State Government in its response has stated that lack of funds has been an obstacle. The fact that some of the areas where rehabilitation has to be done falls in forest areas and therefore requires certain clearances, has been another obstacle. The State has stated that it has constituted a committee to inspect all the relevant sites so that the work could be commenced and carried out expeditiously. We direct that the committee should complete its inspection and identification work to be done and that reconstruction and relocation of these public facilities should be completed within a period of one year. THDC/Union of India to release the necessary funds required for this purpose.
The above specific directions can not be construed as not requiring the State to proceed with the other facilities which the State has proposed to make available as disclosed in its response. The State Government and THDC shall take all the measures that are required without delay.
Learned counsel for the State Government submitted that to carry out the various rehabilitation measures, the State Government had sought the permission of the MOEF for diversion of 1489 hectares of forest land and the permission has so far been given in regard to 1083 hectares only and in the absence of permission for the remaining land, many of the works are held up. THDC and State Government shall take up the matter with MOEF for securing necessary permission in that behalf.
List after six months for reporting compliance.
(O.P. Sharma) (M.S. Negi)
Court Master Court Master
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