Press Note 25-1-2014

SUPREME COURT TAKES A SERIOUS VIEW ON TEHRI OUSTEES

The long pending Tehri HEP case was again heard in Supreme Court by Justice H.L. Ghokhle, Justice Kurian Joseph bench.

It must be remembered that on 29^th July 2005, all the divergent tunnels were closed and tehri dam reservoir started filling to its capacity but till now rehabilitation had not been completed. Environmental conditions were not kept in mind while constructing the dam infrastructure. Bridges that used to connect villages on two sides of the river have not yet been constructed which have increased distances to a large extent resulting in extreme problems of commutation for villagers. Corruption on rehabilitation issues have grown higher and higher with time. Grievance redressal mechanism has not been allowed to function properly due to various technical reasons.

Till now, land rights not been given to old oustees who were rehabilitated due to Tehri HEP and situation of the provision of civic amenities is also in bad conditions

N.D. Juyal and Shekhar Singh challenged the Nainital High Court verdict dated 29^th July 2005 which had allowed Tehri Hydro Development Corporation (THDC) to close the tunnel to fill the reservoir. Battle is going on in the Supreme Court and it has proved that rehabilitation of this project has not yet been completed. So the order of 29^th July 2005 High Court was proven wrong.

Supreme Court looked in to the matter with deep concern and did not allow THDC to fill the reservoir fully. Even state government did not give clearance to THDC to fill the reservoir. The new problem that has arose is the issue of 80 villages in the vicinity of Tehri dam which are now on the risk of subversion and landslides. Life of these villagers have become miserable and they deserve rehabilitation because their villages are not anymore in the condition to live. For them THDC and government has planned to come up with a new collateral policy. The tussle between the THDC and state government is going on because State Government wants to rehabilitate new oustees in Haridwar and Dehradun district. On the other hand THDC is putting pressure to rehabilitate around the reservoir itself.

The petitioner, represented by Advocate Sanjay Parikh pleaded that there is no need of any collateral policy because these people are also affected due to the same Tehri dam so these oustees should get rehabilitation under the same policy as for the earlier ones. And they should be rehabilitated in Haridwar, Dehradun area with full civic amenities, land rights and cultivable land which were promised to the old oustees as their rights but were never fulfilled. Advocate Sanjay Parikh pleaded that this is our main focus and we’ve filed other issues like bridges, command area plan, catchment area treatment plan etc. that should be heard by the court. The point that this area is environmentally fragile also needs to be understood. This shall allow formulation of better rehabilitation policies for the people. Justice Ghokhle very humanely, said that our first motto is to give land to the people who were displaced.

He further gave reference of the Supreme Court order dated 1 Sept 2003, “It is made clear that the condition of pari-passu implementation of conditions prior to the commissioning of the project shall be closely monitored under the existing mechanism set up by MoEF and the project authorities will ensure that prior to closing of diversion tunnels T1/T2 for impoundment of the reservoir, evacuation, resettlement and rehabilitation are completed in all respects.” Which was not done. In Narmada and other cases, dam got constructed but rehabilitation promises and schemes were never implemented. There were many cases regarding that in SC which puts burden on the court too apart from all the miseries that the people have to face at the cost of pseudo development of our country. Advocate Parikh said that question is not only below 830 mts (the height of the reservoir from the sea level) but also about villages around the reservoir which are sinking as they are also directly affected.

Senior council Mr. Gonsalves supporte the arguments. Ms. Rachana Shrivastava, learned counsel appearing for the State of Uttarakhand submits that the State is of the view that the affected families should be rehabilitated downstream because the upper-region is fragile. According to the State Government the number of such families is 414. The State Government has identified the land in Khanpur area of District Haridwar and it is also proposing to find out appropriate land in District Dehradun.

Mr. Raval, learned senior counsel appearing for the Tehri Hydro Development Corporation on the other hand submits that rehabilitation should be upstream and not downstream. Ms. Shrivastava submits that a proposal has been submitted to the Ministry of Environment and Forest and it is awaiting clearance from them. Mr. H.P. Rawal also said that we should also be allowed to file our issues to Ministry of Environment and Forest Ministry otherwise the issue will not be dealt with effectively.

The Supreme Court expects the Central Government to take a decision thereon as expeditiously as possible and if possible, report further development to this Court by the next date of hearing that is scheduled to be on 4th March, 2014.

So tussle is going on and oustees are waiting for mere rehabilitation, at the very least. NO DAM SUPPORTERS ARE SAYING ANY THING ON THIS ISSUE AS THEY ARE BUSY LOBBYING FOR NEW DAMS PROJECTS.

Vimalbhai and Puran Singh Rana

15-01-2014 "AAP” and I

15-01-2014   "AAP” and I THE SCENARIO In the first week of the year 2014, I roamed in Alaknanda Ghati of uttarakhand for five days. I saw many hoardings showing people wearing aam aadmi caps, known and unknown faces. Various regional associations were also been organized at various places. Many people working with us on dam also went to attend some. I went to Srinagar and Vishnu prayag dam affected areas. Many people have lost everything they had in the recent June, 2013 calamity. Since past 5-6 months, Matu has been trying to raise these issues by paper letting, press conferences, put legal case on Dam company- Jaypee, GVK but the government didn’t pay any heed to our voice. The government officials least cared because they had their pocket full. They didn’t care to see the huge amounts of silt deposited in River Alaknanda due to Vishnupryag HEP. Our saathi Bharat Chouhan ji was telling everybody how there are severe environmental alterations happening in laxman Ganga. He had lost a restaurant who have had employed around 25 people. His village Pulna Byondar was washed way completely. But he was more concerned for the wildlife of that area. This place is very close to the “Popular valley of flowers” and also a way to Sikh pilgrim place “Hemkund Sahib”. Since past 200 days, people are on protest beside Alaknanda bank for construction of retaining walls to save them from Srinagar dam water. The responsibility of more than 250 people who saw their land, house getting destroyed goes to Srinagar Dam Construction Company GVK. Dam companies in the name of development/money get all the major political leaders and powerful economic people to stand by them. These issues are more important to me, which are not looked by the people who are running to join AAP in Uttarakand, rather they are overlooking these issues. AN OLD STORY Uttarakand, had a history of the decade’s long struggle new State. I worked with Sunderlal Bhaguna Ji, a renowned environmentalist and others. I remember at the time of struggle for new state Uuttarakhand, one of the bigest leader of the movement Badoni ji asked Sunderlal ji to join them in their struggle. Sunderlal Ji stated simply to first sort and answer the issue of Tehri dam and then he’ll join the party named Uttarakhand Kranti Dal. Badoni ji assured that we shall discuss all of this after we get the statehood. Sunderlal ji negated any such proposals, saying that then you’ll be a minister and there’ll be a guard standing outside for me. Along with Sunderlalji, there were many activists, writers and others who had a vision of Uttarakhand. After the formaition of the state this above mentioned party now merged with big political parties namely BJP and Congress and the fate of the Aam Uttarkhandi at the mercy of these parties with no sense of real the Uttarakand. AAP will not be like this, I do hope. Happy and Happiness In last twenty days, I am glad to see Arvind Kejriwal as the Chief Minister of Delhi. He feels like a part of my small family and this was a celebrated moment. I do remember that some years back a delegation of Tehri Oustees met Mrs. Sheila Dixit, the then CM of Delhi and asked her to support us in speeding up the process of rehabilitation because you are enjoying water in Delhi, the cause of which drowns us in Tehri. She assured for her support but it never went beyond assurance. I wrote a letter on 6th January, 2014 to my friend, CM Kejriwalji. He has initially been in touch with me and enquired about World Bank on water privatization issues of Delhi. I wrote three key issues in my letter. I requested for inclusion of poor people who do not have tap connections to enjoy from the recent free water policy. Secondly, I asked him to do something for the rehabilitation of Tehri Dam Oustees and put pressure on Uttarakhand Government first to speed up the rehabilitation process and second not to give permission to dam company THDC to fill the reservoir to its full capacity. Finally, I asked him to reconsider the MoUs of proposed Renuka Dam, Himachal and Kisau and Lakhwar Dams in Uttarakhand, keeping its environmental and displacement repercussions. One of the key aim of these dam to get water for Delhi. Because Delhi have a capacity to fulfill its real needs of water. I am still waiting for a response. I am sure he’ll take necessary step and I know he has very busy schedule.. I am happy to see Arvindbhai as CM but my happiness belongs to the smiles of delhi slum people, Tehri dam oustees and green environment of Himalaya. AAP and I I have also been receiving many phone calls over the past few weeks about my political position and whether I am going to join AAP any time soon or if I will stand in a constituency elections or can I lobby for them in AAP. These scholars are usually my colleagues, co activists and general acquaintances. It shows that people consider our movements coherent with those of AAP because our people’s movement (NAPM) were largely involved in anticorruption movements led by Anna ji and his team in which Arvind bhai one prominent figure. I understand corruption is a draconian problem but one cannot refute the importance of equally crucial issues like AFSPA, question of dignity, communal issue, dams, tribal, and displacement due to development etc. And yes, I cannot expect solutions of all these issues by Arvind Kejriwal ji in this short span of time. It’ll take time and many more struggles from various authorities. I am sure they need support for movements. He has a very good team of intellectuals, lawyers, activists, etc. Sure I do support AAP. My Analysis Friends, you have read THE SCENARIO and AN OLD STORY I narrated above and on that basis, I decide not to join AAP. Voting is our right as well as duty and we accomplish it with full responsibility. This time we’ll have a better option. I support AAP and I convince people around me to vote for AAP but I shall not join AAP. I would rather stay as a small watch dog in Uttarakhand, the area I am working. NAPM has an old and long story of participating in elections. Every time during elections, our old leaders, supporters, advisors like Late. Gandhian Siddharaj Dhadaji, Justice Rajendra Sachar ji, Renowned Journalist Kuldeep Nayyar ji and others have had always put pressure on Medha Patkar ji and NAPM to contest in elections because they feel that the country needs a leadership of this flavor instead of the royal, communal parties with lethargic working. As NAPM, we’ve always supported Lok Ummeedwars (People’s representative) and we’ve worked, campaigned and promoted the cause of parties like “Samajwadi Janparishad” (constituent of NAPM and the school of thought of Yogendra Yadavji, Ajit Jhaji and many others) and other such political efforts. We have also collected donations for them from people. We’ve witnessed some electoral success like Dr. Sunilam who was elected as independent MLA of Multai constituency, M.P. Later he joined Samjwadi party which he left soon and now contest as an independent candidate. Support to AAP So we do support AAP and have been and would be campaigning for the party, directly or indirectly, through speeches, paper letting, etc. but we all People’s Movements and alliance like National Alliance of Peoples' Movements should not cuddle ourselves in the arms of AAP. Each people movement is fighting for a specific contentious issue of a region or group. Aligning the movement with party will deter our cause as the party will stand above the particular interests of these people’s movements. There are many people in the National Political class of our country who support such people’s movements but they cannot involve themselves more than the support because of the restrictions by the party guidelines. Till now, we’re able to bring some changes and positive work in the policies through these people because we were independently fighting for the cause. The moment we enter the field as a competitor to this political class, our options get limited. Anna Hazare ji could have been an able watch dog and could have constructively critiqued AAP but this place is still vacant. There is a need of an independent watch dog which can affirmatively work on the government policies. According to great Gandhian Vinobha Bhave, there are two kinds of leadership, direct and indirect. We believe in the second option. After the independence Gandhi himself said that the first line of leadership should go and work in the villages. We should remember their words in choosing our options today. After being associated with NAPM since the beginning with few interruption And with Didi, I personally feel that Medha Patkar Ji also, should not join AAP. She has pressure from many of our friends. But it is need of the time that she must choose the second option. The Country always need an independent person above political line and SHE has that capacity. A big space and role for people's movement is always required in the Indian democracy. Keeping all these point I support AAP but I will not join AAP. Best Vimalbhai Convenor Matu Jansangthan, Uttarakhand National Organiser (out of four) National Alliance of Peoples' Movements

Press Note 13-1-2014

NOTICE ISSUE BY NGT: COMPENSATE THE LOSS TO SRINAGAR HOUSEHOLD

Notice issued to Alaknanda Hydropower Co. Ltd., Central Ministry of Environment and Forests and Uttarakhand State Government by National Green Tribunal on 9^th January, 2014. (NGT order is attached)

On 2^nd January, 2014, Srinagar Bandh Aapda Sangharsh Samiti through its Vice president Shri Premballabh Kala and Vimal Bhai, Convenor, Matu Jansangthan filed a case in NGT for the compensation of damage caused due to Srinagar Hydro Electric Project. Applicants seeking restoration, damage and com National Green Tribunal pensation against the project proponent of the Srinagar Hydroelectric Project (330 MW) who are responsible largely for the devastation caused to the Shaktibihar, Lower Bhaktiana, Chauhan Mohalla, Gas Godown, Food Godown, SSB, ITI, Resham Farm, Roadways Bus Stand, Nursery Road, Alkeshwar Temple, Gram Sabha Ufalda’s Fatehpur reti, Sriyantra Island Resort, and other places including Governmental / Quasi-Governmental/Personal and public property of Srinagar in Pauri district of Uttarakhand.

Counsel Rahul Choudhary on behalf of applicants argued that the project proponent has dumped large quantity of muck generated from the construction of the Srinagar Hydroelectric Project just beside the gates of the dam on the river bed of Alaknanda. On 16^th & 17.06.2013 because of the heavy rain and floods the water was filled in the reservoir of the Srinagar Hydroelectric Project and the project proponent kept the gates of the dam close which led to accumulation of water and creating huge reservoir. The project proponent then opened the gate which resulted in massive flow of water suddenly which also swept away the muck dump on the river bed and all the muck then along with the water reached the villagers and filled up the house and various other areas and contributed in large scale to the damaged. The project proponent has not even constructed retention wall which resulted in further damage because of the dam. After listening the counsel the bench of five members issued the notice to all the respondents. Next hearing is scheduled on 6^th February.

It is well known that after 6 months of June 2013 calamity, there has been no inquiry set up by the state or central government. We have been trying to file a FIR but local district police official have always refused to do so. Not even a single dam supporter including local MPs and MLAs cared to reach people through any means. It is very much clear that the dam supporters are supporting dams not for the welfare of people but for their own personal interest.

After the June calamity, 2013 Mat Jansangathan had done the ground survey and it can be safely deduced that underconsturction and working dams raised the quantum of the calamity. We raised this issues with the masses thtough leaf letting, meetings, press confencess,etc. We sent letters to authorities, different ministries, Chief Minister of Uttarakhand, MLAs and MP's but no one showed any interest in the issue. Now we entered into legal battle too. This is the first ever case filed in any court for the compensations for the loss of people's assets.

We will use all means under the Constitution of India to take our rights.

Puran Singh Rana

(Matu Jansangthan)

Chndra Mohan Bhatt Vijay Laxmi Ratudi

(Srinagar Bandh Aapda Sangharsh Samiti)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------

NGT ORDER

http://www.greentribunal.gov.in/date-wise-order.php

BEFORE THE NATIONAL GREEN TRIBUNAL,

PRINCIPAL BENCH, NEW DELHI

M.A. NO. 7 OF 2014 & M.A. NO. 8 OF 2014

IN

Original Application No. 3 of 2014

Srinagar Bandh Aapda Sangharsh Samiti & Anr.

Vs.

Alaknanda Hydropower Co. Ltd. & Ors.

CORAM : HON’BLE MR. JUSTICE SW ATANTER KUMAR, CHAIRPERSON

HON’BLE MR. JUSTICE U.D. SALVI, JUDICIAL MEMBER

HON’BLE MR. DR. D.K. AGRAW AL, EXPERT MEMBER

HON’BLE MR. B.S. SAJW AN, EXPERT MEMBER

HON’BLE DR. R.C. TRIVEDI, EXPERT MEMBER

Present: Applicant: Mr. Rahul Choudhary, Advocate

Respondents: None appeared

Date and Remarks

Item No. 12 January 9, 2014

Orders of the Tribunal

We have heard the Learned counsel appearing for the Applicant.

Issue Notice to the Respondents by registered post/acknowledgement due and Dasti as well.

Notice returnable on 06th February, 2014. Notice on Misc. Applications as well.

Requisites to be filed within three days from today.

Learned counsel appearing for the Respondent 2 puts in appearance and prays for time to file the Reply.

Let the Reply be filed within two weeks from today with advance copy to the Learned counsel appearing for the Applicant who may file Rejoinder thereto, if any, within one week thereafter.

........................................,CP

(Swatanter Kumar)

........................................,JM

(U.D. Salvi)

.........................................,EM

(Dr. D.K. Agrawal)

.........................................,EM

(B.S. Sajwan)

.........................................,EM

(Dr. R.C. Trivedi)

Letter to Delhi CM 6 January 2013

To,

 

 

Shri Arvind Kejarivalji

The Chief Minister of Delhi

Secretriate 

New Delhi

Subject: Water Supply to the poor in Delhi and the problems faced by Tehri Dam affected people from where Delhi Water is supplied, 

Dear Sir,

We welcome you as the Chief Minister of Delhi and wish success in all your government efforts towards a welfare system of governance. We acknowledge your policy improvements and working of the distribution of water and electricity to the people of Delhi particularly focusing on the poor sections of the city swiftly after your oath as the Chief Minister of the State.

Through this letter, we wish to throw some light on three issues that needs your due notice in regard with the water supply in Delhi.

First issue:-

There is approximately 40% leakage in the water supply mechanism in the city which need to be mended for increasing the efficiency of the water provision for the people of Delhi. Keeping in mind that there is a large section amongst the poor in Delhi, who survive on the water through pipe line leakage and other unregulated source. Water supply in unauthorized colonies, slum areas should be regulated.

We expect you to look through the issue and act in accordance to your capacity for their inclusion in the safe, cheap and regular system of water supply of the city poor.

Second Issue:-

We must put to your notice that a large part (300 cusecs) of Delhi water supply comes from Tehri Hydro Electric Project reservoir built on Ganga River, Uttarakhand. This has resulted in cheap and high amount of water supply for the people residing in Delhi. But what must also be recognized is the problems faced by the people displaced due to construction of Tehri dam.

• The displacement initiatives that have been in process for more then 30 years now have still not been able to provide basic Health, Education, Property Rights, Transport, Banks facility, Ration shops, Roads, Sewage system and Livelihood facilities for the around 40 villages that were displaced during the construction of the dam. All of this were promised as a part of rehabilitation policy at the time of displacement but have still not been able to cater needs of many amongst the displaced. There are schools but no teachers, health facilities are negligible, and almost no development of basic infrastructure like roads, sewage, etc. People are merely left in the jungles to survive on their own means.
• Nearly 80 villages around the Tehri Dam reservoir are facing enormous problem from landslides, soil erosion and sinking. Around 30 villagers and more than 70 cattle have already died due to drowning in the reservoir.
• New Tehri Town, one of the major rehabilitation sites of Old Tehri town, have direct supply of water from the lake without any filtration or refining process which is not usable and sometimes even harmful in the daily domestic use. People have been protesting and voicing out to get a regular water supply in their relocated areas. Movements for clean and appropriate water supply are going on under the leadership of Naagri Manch New Tehri and Bhoomidhar Visthapit Sangathan. The struggle has witnessed months’ long Dharna, Rallies, Sheher Bandh, Relay hunger strikes, indefinite hunger strike, etc during its course but till now, there’s has no solution. On the other hand, the people shall now have to pay water tax, for which the agitation is in process.
• Due to the sinking phenomenon in the 80 villages around the reservoir, lives, property, agricultural land and livelihood is under threat. These villages have to resettle and rehabilitate elsewhere. The rehabilitation policy is yet to be finalized due to the tussle between state government of Uttarakhand and Tehri Dam Proponent Tehri Hydro Electric Development Corporation. This issue is still to be decided by the Supreme Court in the matter of N.D. Juyal and Shekhar Singh v/s Government of India, fighting for the rehabilitation lacks of the displaced of Tehri dam. Till now Supreme Court of India did not grant permission for filling the reservoir of Tehri Dam fully due to delay in rehabilitation.
• It is important to mention here that environment clearance (EC) granted to Tehri Dam HEP dated 19-7-1990 is not followed till date. There are severe environmental problems arising from the Tehri dam construction leading to soil erosion, loss of aquatic life, loss of forests, etc. which cannot be ignored. On Rehabilitation aspect EC clearly said:-

3.2. Rehabilitation

The Tehri Hydro Development Corporation will, through a reputed institution, undertake a socio-economic study of the measures needed to ensure that the standard of living of the oustees is not affected due to the project. The study will be completed by 30.6.1991. The THDC will implement such recommendations as may be made by the Ministry of Environment and Forests for rehabilitation after consideration of the study report by the MEF. The rehabilitation package covering population affecting Koteshwar dam as well as those living on the rim of the reservoir and likely to be affected will be prepared before 31.3.1991.

Third Issue:-

Delhi Government had signed MoUs with Uttarakhand Government in developing dams like Renuka HEP, Himachal Pradesh; Lakhwar HEP and Kisau HEP, Uttarakhand which should not be proceeded further, keeping in mind the real costs of such projects and its consequences, which can be seen in the Tehri Dam issue.

The rights of Delhi people’s right to cheap, abundant water supply are on one side while the right to life and livelihood of the displaced people of the Dams constructed for its purpose are on other. We feel Delhi Government is also responsible for the aforementioned victimization and protect the environment of that area.

Few years back Tehri dam affected people met the then Chief Minister Ms. Shila Dixshitji for her intervention to speed up the rehabilitation process but nothing has been done till date.

In the light of above mention issues we request you to:

• Consider poorest people of Delhi also in the plan of providing water.
• Support Tehri Dam affected people for their proper rehabilitation and ask Uttarakhand Govt. and not to give permission to THDC for filling full reservoir.
• Review the MOU of Renuka HEP, Himachal Pradesh; Lakhwar HEP and Kisau HEP, Uttarakhand in reference of Delhi water needs and the environment and apathy towards displace people.
  
  

We hope to meet you with respect to the above issues, discuss and deliberate the problem and perhaps look for some alternative to the development or include the voice and needs of the marginalized in the wheel of progress.

We hope for your affirmative response!

Thanking You

Yours Sincerely

Vimal Bhai, Puran Singh Rana and

(Matu Jansangthan)

Kamal Singh Mahar, Ramanand Bhatt

(Naagrik Munch, New Tehri)

Girish Ghildiyal, Anurag Pant

(Bhoomidhar Visthapit Sangathan)