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
April 20,2020

Bengaluru, Apr 20: As many as 59 people were arrested on Monday for attacking police and health officials at the minority dominated Padarayanapura in the city when they went to quarantine some people, police said.

"Fifty-nine people have been arrested (in Padarayanapura) and have been taken into custody. The people attacked the officials who had gone to quarantine some poeple who were the primary and secondary contacts of three COVID-19 patients," a police officer said.

A large number of people, mostly youth from the minority community poured on to the road on Sunday and thrashed the health workers who had gone to quarantine some people who were the primary and secondary contacts of the health workers.

The officials were allegedly beaten black and blue.

Some local residents who went to the rescue of these officials were also thrashed.

According to police, one among the arrested is a woman by name Firoza who had allegedly instigated the mob to attack the health and police officials.

Subsequently, a large number of police personnel were deployed in the area to avert any untoward incident and to quarantine those who are suspected to be infected with COVID- 19.

Blowing sirens, a strong contingent of policemen carried out a flag march in the area.

The Bengaluru police commissioner Bhaskar Rao later called on Chief Minister B S Yediyurappa and briefed him about the situation in Padayarayanapura.

The violent incident drew angry reactions from various quarters.

Karnataka Home Minister Basavaraj Bommai said an incident like the one at Padayarayanapura will not be tolerated.

"I met Chief Minister and briefed him about the incident. He has told us to act strictly. I have told the same to my officials. We won't tolerate such acts by anyone. We have arrested 59 people. Five FIRs have been registered," the minister told reporters.

Bommai, who visited the area took the senior police officials to task for not being present on the spot when the incident took place.

"Where were you? What were you doing when the incident happened?" he questioned a senior police officer.

"We will demonstrate to the people what is containment zone, what is seal down and what is police action," he said.

Condemning the incident, Health Minister B Srimulu warned those who indulged in such activities.

"The inhuman act of attacking police and health workers in Padarayanapura is highly deplorable. Our government will take appropriate step against those indulging in the attack on health officials and police officials who had gone there to protect them," he tweeted.

BJP's firebrand MP Shobha Karandlaje reacted sharply.

"Seculars attack #CoronaWarriors when they were quarantining the secondary contacts of #Covid19 in Padarayanapura of BLR. While #HealthcareHeroes are working overnight to contain #CoronaPandemic, these morons are assaulting our heroes! Let's not be soft on these anti- nationals!" Karandlaje tweeted.

Meanwhile, the minority leaders called on Congress state president D K Shivakumar to persuade the people of the minority community to assist in identifying the COVID-19 patients or carriers.

Former chief minister H D Kumaraswamy too condemned the attack and demanded stringent action against the culprits.

The Congress MLA from the area B Z Zameer Ahmed Khan while condemning the incident, sought to know why the health workers and police officials went to the area late in the night and not in the morning.

"Why did the police and the health workers go in the night when I had told the BBMP Commissioner that I will take them at 10 am?" Khan told reporters.

Defending those who attacked the government officials, Khan said they were uneducated labourers who didn't know what they were doing.

Padarayanapura and Bapuji Nagar were among the first areas to be completely sealed as people were not abiding by the prohibitory orders under Section 144 of the CrPC.

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coastaldigest.com news network
May 25,2020

Bengaluru, May 25: Helpless dairy farmers in a village in Bangaluru Rural district have dumped around 4,000 litres of milk into drains and on anthills.

The shocking incident took place at Chikka Korati near Hoskote yesterday after the Karnataka Milk Federation (KMF) refused to collect the milk because a pregnant woman in the village had tested positive for Covid-19.

The village was sealed off three days ago and three of the woman’s family was sent to institutional quarantine. The incident is an embarrassment since the government has been urging people not to stigmatise patients or their contacts.

“In Hoskote taluk, we lead in milk production,” Guru Korati, a villager, said. “There are around 130 families in the village, but we have two milk producers’ cooperative societies (MPCSs) – Chikka Korati MPCS and Dinne Korati MPCS. Our village produces more than 4,000 litres per day. The KMF refused to collect milk from both societies after they learnt about the positive case. Frustrated, we poured the milk down the drain.”

Guru wanted the government to address the village’s problems. “We are not only struggling to sell milk, but we also cannot transport vegetables which we cultivate,” he said.

Veerabhadrappa, from Chikka Korati in Bayala Narasapura gram panchayat, said: “Several families have cows enough to yield more than 50 litres of milk. What will they do with such a huge quantity of milk?”

Mehaboob Sab, panchayat development officer (PDO) of Bayala Narasapura GP, said, “We aren’t sure how the woman contracted Covid-19. A family member had visited Tamil Nadu and the woman also frequently visited a hospital in Kolar for checkups. We are still tracing her contacts.” 

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News Network
July 25,2020

Chennai, Jul 25: Two weeks after a 62-year-old widow accused him of harassment, including urinating outside her house, the Chennai Police on Saturday registered an FIR against ABVP national president Dr Subbiah Shanmugam.

Dr Shanmugam, Professor and HOD, Department of Surgical Oncology, Kilpauk Medical College and Government Royapettah Hospital, has been booked under sections 271 (disobedience to quarantine rule) and 427 (mischief causing damage) under the Indian Penal Code (IPC) and Tamil Nadu Women Harassment Prevention Act.

The FIR was lodged exactly two weeks after the woman’s relative Balaji Vijayaraghavan filed a complaint with the Adambakkam police accusing Dr Shanmugam of harassing his aunt, who is living alone in her apartment following her husband’s death last year, following an argument over a parking slot. 

The action came after Vijayaraghavan alleged that the police were not filing an FIR due to the ABVP functionary’s “political connections.”

Dr Shanmugam and the woman were living in the same apartment complex in Nanganallur and an argument broke between them over a parking slot.

“He wanted to use our parking lot. We agreed but demanded a nominal charge for using it. He was outraged by our demand and even broke our signboard at the parking lot,” Vijayaraghavan wrote in his complaint.

He also alleged that Dr Shanmugam began harassing her by throwing “pieces of chicken” outside her apartment despite knowing she is a vegetarian.

CCTV footage corroborates with the allegations of urinating outside the residence of the widow. However, the ABVP called the incident as a “malicious and derogatory propaganda” by the Congress’ student wing of NSUI.

"The video shared by NSUI with an allegation of harassment is tampered with and is being used with malafide intentions. The two families have discussed this within their housing society and have already concluded that the harassment allegations were caused due to misunderstandings and are untrue,” ABVP National General secretary Nidhi Tripathi said.

Vijayaraghavan also alleged in his two-page written complaint that the ABVP national president had urinated outside the woman’s apartment gate and had been throwing garbage and used masks at her gate.

In his complaint, Vijayaraghavan also said the family was “concerned about her safety” while asking police to take action against Dr Shanmugam, who he says, “has a bad track record in maintaining rapport with neighbours.”

Also Read: ABVP national president accused of harassing woman, urinating at her doorstep

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