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  

 

 

 

 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Ram Puniyani
January 9,2020

‘Go to Pakistan’ has probably been most often used phrase used against Muslims in India. Recently in yet another such incident the SP of Meerut, UP has been in the news and a video is circulating where he, Akhilesh Narayan Singh, is allegedly using the jibe ‘Go to Pakistan’. In the video he is seen shouting at protestors at Lisari Gate area in Meerut, “The ones (protestors) wearing those black or yellow armbands, tell them to go to Pakistan”. His seniors stood by him calling it ‘natural reaction to shouting of pro Pakistan slogans. Many BJP leaders like Uma Bhararti also defended the officer. Breaking ranks with fellow politicians, Mukhtar Abbas Naqvi of BJP, criticised the said officer and asked for suitable action against him. Interestingly this is same Naqvi, who earlier when the beef related arguments were going on; had stated that those who want to eat beef can go to Pakistan.

Interestingly this is probably the first time that any BJP leader has opposed the use of this jibe against the Indian Muslims. True to the dominance of trolls who support divisive politics, Naqvi has been trolled on the issue. As such vibe ‘Go to Pakistan’ has been a strong tool in the hands of aggressive elements to demonise Muslims in general and to humiliate those with Muslim names. One recalls that when due to the rising intolerance in the society many eminent writers, film makers were returning their awards, Aamir Khan said that his wife Kiran Rao is worried about their son. Immediately BJP worthies like Giriraj Singh pounced on him that he can go to Pakistan.

The strategy of BJP combine has been on one hand to use this ‘go to Pakistan’ to humiliate Muslims on the other from last few years another Pakistan dimension has been added. Those who are critical of the policies of BJP-RSS have on one hand been called as anti National and on the other it is being said that ‘they are speaking the language of Pakistan’.

Use of Pakistan to label the Muslims and dissidents here in India has been a very shrewd tool in the hands of communal forces. One remembers that the ‘cricket nationalism’ was also the one to use it. In case of India-Pakistan cricket match, the national hysteria, which it created, was also aiming at Indian Muslims. What was propagated was that Indian Muslims cheer for Pakistan victory and they root for Pakistan. There was an unfortunate grain of truth in this as a section of disgruntled, alienated Muslim did that. That was not the total picture, as most Indian Muslims were cheering for Indian victory. Many a Muslim cricketers contributed massively to Indian cricket victories. The cricket legends like Nawab Mansoor Ali Khan Pataudi, Irfan Pathan, and Mohammad Azaruddin are just the few among the long list of those who brought glories for India in the field of cricket.

Even in matters of defence there are legions of Muslims who contributed to Indian efforts in the war against Pakistan all through. Abdul Hamid’s role in 1965 India Pak war and the role of Muslim soldiers in Kargil war will be part of Indian military history. There have been generals in army who contributed in many ways for the role which military has been playing in service of the nation. General Zamiruddin Shah, when asked to handle Gujarat carnage, does recount how despite the lack of support from local administration for some time, eventually the military was able to quell the violence in some ways.

During freedom movement Muslims were as much part of the struggle against British rule as any other community. While the perception has been created that Muslims were demanding Pakistan, the truth is somewhere else. It was only the elite section of Muslims who supported the politics of Muslim League and later the same Muslim League could mobilize some other section and unleash the violence like ‘Direct Action’ in Kolkata, which in a way precipitated the actual process of partition, which was the goal of British and aim of Muslim League apart from this being the outcome of ‘Two Nation theory’.

Not much is popularized about the role of great number of Muslims who were part of National movement, who steadfastly opposed the idea and politics which led to the sad partition of the subcontinent. Few excellent accounts of the role of Muslims in freedom movement like Syed Nasir Ahmad, Ubaidur Rahman, Satish Ganjoo and Shamsul Islam are few of these not too well know books which give the outline of the great Muslim freedom fighters like Khan Abdul Gaffar Khan, Maulana Abul Kalam Azad, Ansari Brothers, Ashfaqulla Khan.

Immediately after partition tragedy the communal propaganda did the overdrive to blame the whole partition process on Muslim separatism, this totally undermined the fact that how poor Muslims had taken out massive marches to oppose the Lahore Resolution of separate Pakistan moved by Mohammad Ali Jinnah. The whole Muslim community started being seen as the homogenous, ‘The other’ and other misconceptions started against the community, the one’s relating them to atrocities of Muslim kings started being made as the part of popular folklore, leading the Hate against them. This Hate in turn laid the foundation of violence and eventual ghettoisation of this community.

The interactive-syncretism prevalent in India well presented by Gandhi-Nehru was pushed to the margins as those believing in pluralism did not actively engage with the issue. The economic marginalization of this community, coupled with the increasing insecurity in turn led to some of them to identify with Pakistan, and this small section was again presented as the representative of the whole Muslim community.

Today the battle of perception is heavily tilted against the Muslim community. It is a bit of a surprise as Naqvi is differing from his other fellow colleagues to say that the action should be taken against the erring police officer. The hope is that all round efforts are stepped up to combat the perception constructed against this religious minority in India. 

Comments

Prakash SS
 - 
Thursday, 9 Jan 2020

it is very much understandable if Pakistan is bad country our PM Namo would never visited without any invitation, that time Pakistan was good he prised their Mutton biriyani and Karak chai in pakistan. we feel something is wrong with our PM and his chelas. 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
May 20,2020

Mangaluru, May 20: In a gut-wrenching tragedy, a Class 10 student who was preparing for the final examinations drowned in Adyapady dam on the outskirts of the city yesterday.

The victim is Mallik, 17, a resident of Mulur village in Gurpur. The tragedy occurred when Mallik along with some others had come to the dam to catch fish.

According to the police, he accidentally slipped into the waters and drowned. His body was recovered later. 

Jurisdictional Bajpe police have registered a case of unnatural death and investigations are underway.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 19,2020

Kasaragod, Apr 19: Kasaragod, Kerala's COVID-19 hotspot, is the only district in the southern state lacking adequate health infrastructure.

In spite of treating the highest number of COVID-19 patients in the state with meagre infrastructural facilities and even without the support of a medical college in the north Kerala district, no deaths have been reported due to coronavirus.

The state health department views the performance of M Kunhiraman and his team, consisting of Janardhana Naik and Krishna Naik, at the General hospital in Kasaragod as a success story.

"Not only did they control the situation quickly with minimum infrastructure, they also started turning out a large number of negative cases within a few weeks and creditably ensured zero mortality.

This can be showcased as a best global model," Chairman of the Information Education and Communication (IEC) Committee and Project Director Kerala State Aids Control Society, R Ramesh said.

Recalling the ordeal, Janardhana Naik said his first major challenge was the physical examination of a patient with suspected COVID-19.

"Even with the PPE kit, nobody knew how effective they were and it took a whole 30 minutes to wear them properly.

But as time passed, we got accustomed to it," he said.

The traditional method of dealing with a patient involved knowing his or her history, observation and physical examination.

For hundreds of years, the hands-on body approach has been the soul of the doctor-patient relationship -- taking the pulse, tapping on and listening to the chest, feeling lumps.

With the onset of COVID-19 all that has changed.

"In fact, the whole exercise was fraught with grave risks because everything connected with COVID-19 was new.

Doctors have to keep a distance even though the physical examination wearing a Personal Protective Equipment (PPE) is difficult.

Sounds from the body are inaudible, vision is blurred through the smog-covered goggles and a stethoscope seldom has any use," Janardhana Naik said.

It was from March 15 that the hospital started receiving COVID-19 patients, primarily from Dubai.

By the time the first person came, the hospital was ready for him.

Soon, patient numbers began to swell and in a couple of weeks they reached about 91.

From then on, it was teamwork.

Committees were formed for each and every task, including the help desk, IT, treatment, medical board, training, food, waste disposal and data maintenance.

Initially, patients had many misgivings about the hospital.

"Some were disillusioned and even aggressive. Some were not happy with the facilities the hospital had to offer.

But gradually through good treatment and counselling by a psychiatrist, who visited the hospital on alternate days, the confidence and mood of the patients changed and they became friendly with the staff," Naik elaborated.

Counselling was also given to the concerned family members of the patients.

Besides treatment, the medical staff had to spend a considerable amount of time clearing the doubts of patients.

When they got discharged some patients insisted on seeing the faces of the medical staff, who till then were anonymous entities covered from head to toe.

Some even wanted to take selfies with them.

However, the medical team politely turned down their requests and preferred to remain hidden in their work attires.

The mood of the patients also rubbed off on the doctors and hospital staff.

All the physicians and hospital staff are now more confident of dealing with contagious diseases after treating COVID-19 patients.

"Our previous experience of treating H1N1, Chikungunya and Dengue cases helped us a lot.

Words of encouragement from the Health Minister K K Shailaja, Health Principal Secretary Dr Rajan N Khobragade and Health Services Director Dr Sarita R L gave us the impetus to build up confidence.

Moreover, the field health workers did a wonderful job in containing the viral spread," Naik added.

As the number of coronavirus cases rose, the state government on April 5 deputed a 26-member medical team from Thiruvananthapuram to set up a COVID-19 hospital in the district.

They turned a block of the under construction Government Medical College as a hospital-like facility, setting up a 200 bed facility to treat coronavirus patients.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.