From esg@bgl.vsnl.net.in Sat Feb 10 12:10:43 2001
Date: Thu, 08 Feb 2001 10:52:34 +0530
From: Environment Support Group
To: Natural History of South Asia - General discussion and research
Subject: Bangalore Mysore Infrastructure Corridor not granted
Environmental clearance
[ The following text is in the "iso-8859-1" character set. ]
[ Your display is set for the "US-ASCII" character set. ]
[ Some characters may be displayed incorrectly. ]
06 February 2001
Press Release
Bangalore Mysore Infrastructure Corridor not granted Environmental clearance
Ministry of Environment and Forests Clarifies
Dr. S. K. Aggarwal, Addl. Director of the Ministry of Environment and Forests,
in his letter dated 22 January 2001 (No. 21012/1/2001-IA-III, copy enclosed),
has clarified that the Central Ministry of Environment and Forests has not
granted
environmental clearance to the Bangalore Mysore Infrastructure Corridor
project
of M/s Nandi Infrastructure Corridor Enterprise. He has stated that the
"proposal
is being examined in the Ministry" and that "a decision on regarding
environmental
clearance for this project or otherwise will be taken after all the related
issues
have been examined".
This settles the confusion created by the front page reporting by The New
Indian
Express (Bangalore edition) dated 18 January 2001, titled "Expressway given
the
'green' signal", in which it was stated that the "the infrastructure corridor
project ^Å. is set to take off any moment, with the MoEF giving it the go
ahead".
On the basis of the clarification of Dr. Aggarwal, ESG, in a letter dated 05
February 2001, has appealed to the Ministry of Environment and Forests against
according final environmental clearance to the project that involves
acquisition
of over 20,000 acres of land (about 7,000 acres of which is government land
leased
free as subsidy), directly affecting over 177 villages, displacing hundreds of
thousands of farmers and destroying forests and farm land to build a
toll-based
barricaded expressway and five new urban centres. This is on the basis of the
following facts and submissions:
1. The National Human Rights Commission (NHRC), based on the complaint of the
undersigned dated 14 July 2000, has issued notice on the Commissioner of
Police
with regard to the blatant abuse of Human Rights in the conduct of the
Statutory
Environmental Public Hearings held during June and July 2000 by Karnataka
State
Pollution Control Board (KSPCB) for the BMIC project (Case No.
242/10/2000-2001).
Considering that this enquiry is still underway, any further process in terms
of according statutory clearances to the said project would fundamentally
violate
the law and demonstrate contempt for NHRC.
2. Given that the manner in which the Public Hearings have been held has been
challenged before NHRC, particularly that there has been no climate for the
public
to voice its free opinion, and that the State Government engaged in
deliberate,
targeted and violent attempts to prevent or suppress several members of the
public,
project affected persons and experts included, from deposing before the
Hearing
Panel, clearance must not be granted to the project. MoEF must base any
judgement
on this project only after a fresh set of Environmental Public Hearings is
held
w.r.t. the project. These Hearings must be held after giving full and free
access to relevant project documents in their comprehensive form and as well
in the local language.
3. In view of the above, it would be imperative for MoEF to disregard and
reject
the highly questionable NOC granted to the project by KSPCB on 01 August 2000
(No. KSPCB/CFE/DEO-2/AEO-2/2000-2001/208), as the same is based on the
"Adjourned
Public Hearing held on 30-6-2000, 3-7-2000 and 5-7-2000 at Mysore, Mandya and
Bangalore" which remain challenged before NHRC. This especially given that,
for
reasons best known to them, KSPCB rushed the NOC for the project disregarding
widespread condemnation over the manner in which it was an active agent to the
abuse of Human Rights of those assembled to participate in the said
Environmental
Public Hearings.
Leo F. Saldanha
Coordinator
Environment Support Group
*****************************************************************************************************************
(Regd. Post with Acknowledgement Due)
Dr. S. K. Aggarwal
Addl. Director
Ministry of Environment and Forests
Government of India
Paryavaran Bhavan
CGO Complex, Lodhi Road
New Delhi 110 003
05 Feb 2001
Sub.: BMIC Environmental Clearance, vide your letter dated 22 January 2001,
No. 21012/1/2001-IA-III
Dear Dr. Aggarwal,
I thank you for responding to my email query of 18 January 2001 addressed to
Mr. Roy Paul, IAS, Special Secretary, MoEF, enquiring with regard to an
article
in The New Indian Express (Bangalore), issue dated 18 January 2001, that
claimed
the Bangalore Mysore Infrastructure Corridor project has been accorded Final
Environmental Clearance by MoEF (copy of article encl.).
I am happy to note from your letter that the project has not yet been cleared,
and that the "proposal is being examined in the Ministry". I am particularly
relieved by your commitment that the "decision regarding environmental
clearance
for this project or otherwise will be taken after all the related issues have
been examined". Considering that a thoughtful process of verification of the
project is currently underway, I seek to bring to your attention the following
facts and submissions:
1. The National Human Rights Commission (NHRC), based on my complaint of 14
July
2000 (encl.), has issued notice on the Commissioner of Police with regard to
the blatant abuse of Human Rights in the conduct of the Statutory
Environmental
Public Hearings held during June and July 2000 by Karnataka State Pollution
Control
Board (KSPCB) for the BMIC project (Case No. 242/10/2000-2001, copy of notice
enclosed). Considering that this enquiry is still underway, any further
process
in terms of according statutory clearances to the said project would
fundamentally
violate the law and demonstrate contempt for NHRC.
2. Given that the manner in which the Public Hearings have been held has been
challenged before NHRC, particularly that there has been no climate for the
public
to voice its free opinion, and that the State Government engaged in
deliberate,
targeted and violent attempts to prevent or suppress several members of the
public,
project affected persons and experts included, from deposing before the
Hearing
Panel, clearance must not be granted to the project. MoEF must base any
judgement
on this project only after a fresh set of Environmental Public Hearings is
w.r.t.
the project. These Hearings must be held after giving full and free access
to relevant project documents in their comprehensive form and as well in the
local language.
3. In view of the above, it would be imperative for MoEF to disregard and
reject
the highly questionable NOC granted to the project by KSPCB on 01 August 2000
(No. KSPCB/CFE/DEO-2/AEO-2/2000-2001/208), as the same is based on the
"Adjourned
Public Hearing held on 30-6-2000, 3-7-2000 and 5-7-2000 at Mysore, Mandya and
Bangalore" which remain challenged before NHRC. This especially given that,
for
reasons best known to them, KSPCB rushed the NOC for the project disregarding
widespread condemnation over the manner in which it was an active agent to the
abuse of Human Rights of those assembled to participate in the said
Environmental
Public Hearings.
I am sharing a copy of this representation with Registrar of NHRC, the Editor
of The New Indian Express and other relevant agencies.
Thanking you,
Yours truly,
Leo F. Saldanha
Coordinator/Trustee
Environment Support Group
Encl.: As above
Cc.: (Under Certificate of Posting)
1. Registrar, National Human Rights Commission (Law Division), New Delhi
2. Ms. Teresa Bhattacharya, IAS, Chief Secretary, Government of Karnataka
3. Mr. S. C. Saxena, IFS, Chief Conservator of Forests (Southern Cell),
Ministry
of Environment and Forests, Government of India
4. Mr. B. S. Patil, IAS, Principal Secretary, Dept. of Industries, Government
of Karnataka
5. Mr. N. Gokul Ram, IAS, Principal Secretary, Dept. of Ecology, Environment
and Forests, Government of Karnataka
6. Mr. Dinakar, IPS, Director General of Police, Karnataka State Police
Department
7. Mr. T. Madiyal, IPS, Commissioner of Police, Bangalore
8. Dr. B. Shivalingaiah, Chairman, Karnataka State Pollution Control Board
9. The Editor, The New Indian Express, Bangalore
*****************************************************************************************************************
No. 21012/1/2001-IA-III
Government of India
Ministry of Environment & Forests
Paryavaran Bhawan
CGO Complex, Lodhi Road
New Delhi - 110 003
January 22, 2001
To,
Shri Leo F. Saldanha,
Coordinator,
Environment Support Group ®,
S-3, Rajashree Apartments,
18/57, 1st Main, S.R. K Gardens,
Jayanagar, Bannerghatta Road,
Bangalore 560041
SUB: BMIC Environment Clearance - Regarding.
Sir,
The undersigned is directed to refer to your e-mail dated 18.1.2001 addressed
to
Shri. K. Roy Paul, Addl. Secretary regarding environmental clearance for
Bangalore-Mysore
Infrastructure Corridor Project. In this regard, it may be informed that
Ministry
of Environment & Forests has received the proposal for environmental clearance
for the said project. The proposal is being examined in the Ministry. A
decision
regarding environmental clearance for this project or otherwise will be taken
after all the related issues have been examined.
Yours faithfully,
-sd-
(Dr. S. K. Aggarwal)
Addl. Director
*****************************************************************************************************************
Environment Support Group (R)
S-3, Rajashree Apartments
18/57, 1st Main, S. R. K. Gardens
Jayanagar, Bannerghatta Road
Bangalore 560 041. INDIA
Telefax: 91-80-6341977
Fax: 91-80-6723926 (PP)
Email: esg@bgl.vsnl.net.in