Major blow to Adani's Udupi power project; NGT declares clearances granted to set up plant are illegal

coastaldigest.com news network
March 16, 2019

Udupi, Mar 16: In a major blow to Adani's Udupi Power Plant project at Yellur village of Udupi district, the Principal Bench of the National Green Tribunal declared on 14" March 2019 that all the clearances granted to set up the power plant are illegal. It has also ordered the suspension of the Environmental Clearance dated 1.08.2017 granted to expand the plant by addition of 2x800MW units to raise ultimate capacity to 2800MW. The Tribunal invoked the "Polluter Pays" principle and appointed a committee of experts to ascertain the damages to the crops and the environment in general of the area. It has directed the Company to pay 5 crores as an interim environmental compensation to CPCB who will also be the Nodal agency to study the damages caused. It has also ordered the Company to pay Rs. 1 lakh as cost to the Petitioners.

The Tribunal found that genuinely serious issues raised by the villagers and the Applicants had not been given the due attention it observed by all concerned including the Government. The fact that multitudes of disputes and litigations relating to the project had been instituted bears witness to the fact that all was not well. Environmental clearance dated 20.03.1997 had been granted without following the due process statutorily prescribed and mandatorily required to be followed. Extension of the validity period of the EC had been granted on 16.04.2002 at the request of the project proponent as work could not be commenced within the 5 years' period stipulated in the EC. This is without authority of law. On 05.10.2004 the EC was cancelled by the Ministry as the project proponent had still not commenced with the work of the project. This order of cancellation was recalled vide a personal letter dated 31.01.2005 by the Director MOEF under questionable circumstances at the request of the project proponent.

The Tribunal pointed out that the procedures laid down under the EIA Notifications are not mere formalities to be followed but have been prescribed to ensure that the environment is duly protected while taking up a project keeping in view the Precautionary Principle and the principle of Sustainable Development. The fact that the procedures prescribed in the Notification were not at all followed except few parts of it, lead it to reasonably conclude that there has been damage caused to the environment for which consequences have fallen on the people in terms of healtn, decline in the agricultural productivity and, therefore, their livelihood, degradation of natural habitat of birds and animals, etc.

Tribunal took a serious note of the study carried out on "Environmental Profile and People's Livelihood aspects in the vicinity of Coal Based Thermal Power Plant at Yellur Panchayat, Udupi District" by a group of Scientists as CES Technical Report 126 dated April 2012 published by the Energy & Wetland Research Group, Centre for Ecological Sciences, Indian Institute of Science, Bangalore, has made alarming observations in respect of the project area during field investigations. It has been observed that mismanagement of the environment was evident from the contamination of the water (surface and ground), soil and air apart from the impaired functional aspects of the biotic elements. This was deduced from the reduced productivity of grains, jasmine flower and horticultural produce, reproductive ability of livestock, poultry animals, etc. There was dust on the leaves during the dry seasons which induced phyto-toxicity leading to poor pollination and hence reduced productivity. There was reduction in the population of pollinators. Stunted growth of saplings and enhanced respiratory diseases, etc. were noticed caused by release of saline mist from the cooling towers of the plant which is locally dispersed by the wind even up to 2 kms.

The Tribunal found the conduct of the MoEF&CC in the entire episode does not appear to be above board. The Tribunal expresses grave anguish and concern which in its view ought to be corrected and left it upon the MoEF&CC to deal with this aspect as their wisdom may dictate.

The Tribunal observed that justifiably, therefore, the directions would be called for to remove the plant and order for restoration of the area and the environment. However, considering the facts and circumstances, the lapse of time and the fait accompli situation that has arisen, we are of the view that the interest of public will not be served in passing such order. The need of the hour is to explore such measures and steps that would mitigate the harm already caused in addition to ensuring that the plant operates strictly within the environmental norms. It has thus invoked the "Polluter Pays" principle under Section 20 of the National Green Tribunal Act, 2010 and hold M/s. Udupi Power Corporation Ltd., the Respondent No. 5, project proponent, liable to pay Environmental Compensation which shall bg assessed by a Committee of Experts. It has constituted a Committee comprising of- 1. Senior Scientist, CPCB. 2. Senior Representative, IIT Chennai. 3. Senior Scientist, IIT Bangalore. CPCB shall be the nodal agency to coordinate amongst the Members for taking up the task.

The Committee shall assess the environmental damage on account of the environmental violations and submit its report within three months. Awaiting such report, it directed UPCL to pay an interim Environmental Compensation of k5 crores with the CPCB. The interim compensation would be subject to assessment of final damages by the Committee of Experts. This amount shall be deposited within a period of one month from hence. The CPCB, in the meanwhile, shall utilize the interim compensation for restitution and remedial works for restitution of the environment including the possible plight of the people affected by the plant. It has made it clear that this amount shall be distinct from the other obligations of UPCL under the Corporate Social Responsibility (CSR) or other obligations.

The project was challenged as early as in 2004 by the Samithi before the then National Environmental Appellate Authority (NEAA), New Delhi. The appeal was dismissed by the sole non-judicial adjudicator who was formerly the Secretary, MOEF responsible earlier for the grant of the very Environmental Clearance. Aggrieved by the decision, the Samithi filed WP before the Karnataka High Court in 2005. Bellibettu Alade Devasthana and CSI St. Luke's Church also filed separate Writ Petitions before the High Court. The cases were transferred to the National Green Tribunal South Zone, Chennai in 2012 under the Supreme Court order. Due to the lack of Judges in Zonal Tribunal at Chennai the cases were finally heard by the Principal Bench at New Delhi and the judgement was released on 14th March 2019. The State of Karnataka actually does not need power from the plant and Govt has either stopped or considerably reduced receiving the supply from UPCL. The Energy Dept website show that as on 31.07.2018 the total generation of power from various sources has increased to 27,176.43 MW out of which 4,713.26 MW is Wind Energy and 5,172.72 MW is Solar among others. The website also shows that the available potential of the Renewable Energy totals to 86,792MW of which Wind Energy is 55,857MW and Solar 24,700MW. With such RE potential the killer coal-based power plants are not at all required in the State leave alone in the sensitive Ecologically Coastal Zone.

As such the State Govt is required to issue directions to UPCL to shut it down and shift it to another place perhaps another country like Bangladesh. It has also come to the knowledge of the Samithi that UPCL is now planning new Transmission Lines to supply power to other State perhaps through the grid at Kerala. It would only mean that we would be used as sacrificial lambs for the Company and this will not be acceptable.

Comments

jaleel
 - 
Monday, 18 Mar 2019

Now even the plant is shut, it's the public who are at lose. Govt provided public money to Mota bhai to set up this plant. Coorporate sect always play with public life, money. They keep people busy in fake and unwanted issues and politicians prepare grounds for all these nuisance. Tuticorn in Tamilnadu and likewise many examples are in front of us. This will happen again and again We are fools really. At least for the sake of our next generation we should start thinking like a man not like donkey  

 

 

 

 

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News Network
January 10,2020

Bengaluru, Jan 10: Chief minister BS Yediyurappa said on Thursday he might not attend the World Economic Forum (WEF) meeting in Davos, Switzerland, and would most likely visit Delhi this weekend for discussions on the pending cabinet expansion.

He was expected to join Union ministers Piyush Goyal and Mansukh Mandaviya, chief ministers Amarinder Singh (Punjab) and Kamal Nath (Madhya Pradesh) and over 100 Indian CEOs at WEF’s 50th annual gathering on January 21-24.

“Mostly, I may not go for Davos (meet),” he told reporters on Thursday. Last week, he had said he was not keen on travelling to the Swiss town but was considering it as some chief ministers’ attendance was required at the high-profile event.

Eleven Congress-JD(S) turncoats, who contested the bypolls on BJP tickets and won, reportedly pressured Yediyurappa to take a decision on cabinet expansion before the now-uncertain Davos trip; it was even suggested that he should simply cancel the trip. The newly elected BJP MLAs are widely expected to be inducted as ministers. But officials in the Chief Minister’s Office (CMO) said his disinclination to travel had nothing to do with the cabinet exercise.

“It’s mainly because of his health. That place (Davos) has got temperature of minus 4-6 degrees and it will be quite tedious for Yediyurappa at the age of 76,” one official said. BJP functionaries, however, claimed that he was wary of taking a trip amid tensions in the party. “The new MLAs have been breathing down Yediyurappa’s neck. They have pushed him into a corner, demanding that he complete cabinet expansion before going anywhere,” a senior functionary said.

On Thursday, the chief minister said he had sought a meeting with party bosses in Delhi. “To discuss cabinet expansion and other important issues, I plan to travel to New Delhi on January 11 or 12. However, I am still waiting for an appointment with the BJP national president and prime minister,” he said.

While Yediyurappa, his additional chief secretary P Ravi Kumar and political adviser MB Maramkal may not visit Davos, a 10-member delegation from Karnataka, including Jagadish Shettar, is expected to travel. There are reports ministers’ family members might join the delegation.

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coastaldigest.com news network
July 10,2020

Mangaluru, Jul 10: A 58-year-old official of the Central Industrial Security Force (CISF) has died due to the coronavirus infection, taking the death toll in the paramilitary force because of the disease to nine, officials said on Friday.

Assistant Sub Inspector K B Premsha, posted in the CISF unit that guards the Mangalore Refinery and Petrochemicals Ltd (MRPL), passed away at a local hospital on Thursday, they said.

He was admitted to the hospital on July 5 with fever. His COVID-19 test report arrived on July 7 and it was positive. Premsha breathed his last on Thursday, officials said. He was a resident of Kodagu in Karnataka.

This is the ninth COVID-19 death in the force that has recorded 1,137 cases till now, according to an official data.

Of the total cases reported in the force so far, 410 are under treatment across the country, nine have died and the rest have recovered, officials said.

They said that 20 personnel tested COVID-19 positive on Friday while 22 have recovered over the last 24 hours.

The about 1.62-lakh strong CISF is the national aviation security force guarding 63 airports at present and it is also tasked to guard vital installations in the aerospace and nuclear domain.

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Wafa Sultana
April 4,2020

Over the last couple of days when the world was occupied with unifying efforts to fight the deadly Covid19 pandemic, sections of Indian media provided viewers a familiar scapegoat – the Indian Muslims – who are often stereotyped as a community being constantly at loggerheads with the citizenry and the State. Biased media channels were quick to resort to blaming the entire Muslim community for the spread of the disease in the country, thanks to an ill-timed Tablighi Jamaat gathering at its international headquarters in Delhi’s Nizamuddin. Unsurprisingly, the opprobrium was also marked by a sudden spike in WhatsApp forwards of videos with people wearing skullcaps licking spoons and performing Sufi breathing rituals, suggesting some sort of wild conspiracy on the part of the community to spread the virus.  Some media channels were quick to formulate, hypothesize and provide loose definitions of a newly discovered form of Jihad i.e. ‘Corona Jihad ’ thereby vilifying the Islamic faith and its followers.

While the investigation on the culpability of the organizers of the Nizamuddin event is still ongoing, there is enough information to suggest that the meeting was held before any lockdown was in force, and the problem began when there was no way of getting people out once the curfew was announced. Be that as it may, there is little doubt that organizing a meet of such a scale when there is a global pandemic smacks of gross misjudgment, and definitely the organizers should be held accountable if laws or public orders were defied. Attendees who attempt to defy quarantine measures must be dealt with strictly. However, what is alarming is that the focus and narrative have now shifted from the unfortunate event at Nizamuddin to the Tablighi Jamaat itself.

For those not familiar with the Tablighi Jamaat, the organization was founded in 1926 in Mewat by scholar Maulana Mohammad Ilyas. The Jamaat’s main objective was to get Muslim youth to learn and practice pristine Islam shorn of external influences. This is achieved through individuals dedicating time for moral and spiritual upliftment secluded from the rest of the world for a brief period of time. There is no formal membership process. More senior and experienced participants typically travel from one mosque to other delivering talks on religious topics, inviting local youth to attend and then volunteer for a spiritual retreat for a fixed number of days to a mosque in a nearby town or village to present the message to their co-religionists. Contrary to ongoing Islamophobic rhetoric, the movement does not actively proselytize. The focus is rather on getting Muslims to learn the teachings and practices of Islam.  This grassroots India-based movement has now grown to almost all countries with substantial Muslim populations. Its annual meets, or ‘ijtemas’ are among the largest Islamic congregations in the world after the annual Haj. One of the reasons for its popularity and wide network in the subcontinent and wordwide is the fact that it has eschewed the need for scholarly intervention, focusing on peer learning of fundamental beliefs and practice rather than high-falutin ideological debates. The Tablighi Jamaat also distinguishes itself from other Islamic movements through its strictly apolitical nature, with a focus on individual self-improvement rather than political mobilization. Hardships and difficulty in the world are expected to be face through ‘sabr’ (patience) and ‘dua’ (supplication),  than through quest for political power or influence. In terms of ideology, it is very much based on mainstream Sunni Islamic principles derived from the Deobandi school.

So, why is all this background important in the current context? While biased media entities have expectedly brought out their Islamophobic paraphernalia out for full display, more neutral commentators have tried to paint the Tablighi Jamaat as a fringe group and have tried to distance it from 'mainstream Muslims'. While the intent is no doubt innocent, this is a trap we must not fall into. This narrative, unfortunately, is also gaining ground due to apathy some Muslims have for the group, accusing it of being “disconnected from the realities of the world”. Unlike other Muslim organizations and movements, the Tablighi Jamat, by virtue of its political indifference, does not boast of high-profile advocates and savvy spokespersons who can defend it in mainstream or social media.  The use of adjectives such as 'outdated' and 'orthodox' by liberal columnists to describe the Jamaat feeds into the malignant attempt to change the narrative from the control of the spread of the pandemic due to the Nizamuddin gathering to 'raison d'etre' of the organization itself.

A large mainstream religious group like the Tablighi Jamaat with nearly a hundred-year history, normally considered to be peaceful, apolitical and minding its own business is now suddenly being villainized owing to unfortunate circumstances. Biased media reactions filled with disgust and hate seem to feed the Indian public conscience with a danngerous misconception - to be a nominal Muslim is okay but being a practicing one is not.  For those committed to the truth and fighting the spread of Islamophobia, the temptation to throw the entire Tablighi Jamaat under the bus must be resisted.

The writer is a lawyer and research scholar at Qatar University. Her research interests include Islamic law and politics.

Comments

zahoorahmed
 - 
Saturday, 4 Apr 2020

great article! provides a great perspective on tableeg jamat

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