Monday, February 28, 2011
NAPM Complaint to SHRC
National Alliance of People’s Movements
Andhra Pradesh Chapter
204, 6-1-89, GKR Mansion, Saifabad, Hyderabad – 500004
Phones: 9866887299 / 9849718364 e-mail: napmhyderabad@gmail.com
______________________________________________________________________________
25th February, 2011
Chairperson,
Andhra Pradesh Human Rights Commission,
Hyderabad.
Dear Sir,
Sub: Sub: Use of coercive force against farmers by the district officials to help the illegal Activities of M/s East Coast Energy Pvt. Ltd., in Srikakulam District.
The local people of Santhabommali Mandal have been protesting peacefully against the construction of 2400 MW of Coal Fired Thermal Power plant of M/s East Coast Energy Pvt. Ltd, at Kakrapalli village of Naupada Wetlands in Srikakulam District, since August 2010. The people have been demanding the Company to stop its construction activities, using peaceful methods like Relay Hunger Strike, as this project is destroying the livelihoods of thousands of local fishermen and farmers. Due to the obstruction of water flows in the Swamps by the Company, fishing and agriculture was badly hit, so much that the fishermen of this region, who are completely dependent on fishing in the Swamps, are facing near starvation.
The farmers and the fishing communities of Kakarapalli even tried to meet the District Collector and explain their concerns and apprehensions. But the local authorities, instead of listening to the pleas of the people, are bent upon using coercive steps to help the company continue its illegal activities.
As a continuation of its attitude, the District Authorities have deployed a large number of the Police and imposed 144 section since 23rd February, though there has been no incidence of violence of any kind. Further today morning on 25th February, 2011, Mass Arrests of people – including women have been undertaken without any incidence of violence or provocation and without Issuance of Any Warrant, which is unlawful according to Section 41 of Criminal Ammendment Act. Also, the Tents of Relay Hunger Strike in Vadditandra village and Hanumanth Naidupet have been smashed by the Police. Police have also fired at the villagers, injuring 8 people. As we write this letter to you, the police have been going from door to door and beating up both men and women mercilessly.
This is a Complete Violation of Human Rights and we request you to kindly look into this matter and seek the withdrawal of the Police from these areas with immediate effect and Order for Investigation and Criminal Proceedings against the Officials responsible for this situation.
The district authorities including the Police have been using force against the local villagers to aid the ECEPL, citing that they have all the legal permits. This is far from the Truth.
1. The site of M/s East Coast Energy Pvt. Ltd is located within the internationally recognised Wetland system of Naupada swamps and just 2.5 kms away from an Important Bird Area Site (IBAS) Telineelapuram. The birds of Telineelapuram have been declared endangered species and recorded in the Red Book of IUCN (International Union for Conservation of Nature). Therefore, according to environmental laws of India and the RAMSAR Convention to which India has been a signatory, Wetlands are protected areas, where no polluting activity can be taken up.
- Right from the beginning, ECEPL defied every environment law and started construction without prior permission. The company had the support of the local officials.
- The G.O.Ms.No.1108 of 15-9-08 alienated Govt. Land to an extent of Ac.3333.45Cts in favour of APIIC for establishment of Coast Based TPP by East Coast Energy Pvt. Ltd. But based on the advance possession issued by the Govt, in favour of the VC & MD, APIIC, the Tahsildar Santhabommali has handed over the advance possession of an extent of Ac.3409.93 Cts to the Manager (D), APIIC Ltd., Srikakulam on 5.2.08, pending alienation process.
- The vital fact that the project is being located in Swamp Lands, had been conveniently ignored or suppressed by the Project Proponent, the Principle Secretary, Dept of E&F, AP Govt. and all other agencies involved in the process of Environmental Clearance.
- Right from the beginning, the company had defied the MOEF and the Environment (Protection) Act, 1986. Without the mandatory “prior” clearance, the company disturbed the site conditions.
- The ECEPL had in its possession 2050 acres of land in the wetland. But at the 40thmeeting of MOEF’s Expert Advisory Committee (EAC) held on Feb 10-11 2009, it promised to surrender 500 acres on the southern side of the site, in deference to the ecological concerns that were raised. ECPCL obtained Environment Clearance from MOEF on the basis of this assurance.
- In reality, ECEPL never surrendered the land. Instead, it formed a benami company, Meghavaram Power Company Ltd. (MPCL) to set up another 500 MW plant within that 500 acre land, thereby hoodwinking MoEF and violating its own assurance given to EAC. On this ground alone, the Environment Clearance (EC) is liable to be revoked.
- APIIC colluded with the company as there is no formal order anywhere transferring the 500 acre land to Meghavaram. In fact, GOMs No. 1108 of State Revenue Dept. dated 15-9-08 did not empower APIIC to transfer the land to Meghavaram.
- The National Environment Appellate Authority (NEAA) has, in its order dated 7-9-2010 on a batch of appeals filed by concerned citizens in Appeals No. 16,17 & 32 of 2009, laid down the following condition in para 6 of the order.
- “No filling and raising of land beyond 1317 acres within wetlands of which 150 acres would be greenbelt”
- “No activity in identified 483 acres of land which includes 8 acres of proposed pond near the temple”
- ECEPL has violated this condition leading to the flooding of the adjacent fields and causing ecological damage to the area, counter to what NEAA had expected it to do.
Thanking you,
Yours sincerely,
Saraswati Kavula
Joint Convener
National Alliance of People’s Movements (AP Chapter)
Kakarapalle-NAPM Press release
NATIONAL ALLIANCE OF PEOPLE'S MOVEMENTS
A Wing First Floor, Haji Habib Building, Naigaon Cross Road
Dadar (E), Mumbai-400 014 Ph. No-2415 0529 E-mail: napmindia@gmail.com
A Wing First Floor, Haji Habib Building, Naigaon Cross Road
Dadar (E), Mumbai-400 014 Ph. No-2415 0529 E-mail: napmindia@gmail.com
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NAPM Strongly Condemns Kakrapalli Police Killing of Three People in Police Firing
Demands Cancellation of Bhavanapadu Thermal Power Project
Gram Sabha's Consent Must for Planning any Infrastructure Project
New Delhi, February 28 : The inevitable has happened, police opened fire on the peacefully protesting villagers in Vadditandra village and killed three villagers and critically injured atleast 25 people today afternoon in Srikakulam District, Andhra Pradesh. Contrary to the media reports, the villages around the Kakrapalli area have been threatened and terrorised for past one week. The situation has been tense due to heavy presence of the police, who had stopped the entry of people from outside, even local media was not allowed and didn't allow the weekly bazaar to be held and forcing other shops to remain shut. On 25th February after the police action when members of Paryavaran Suraksha Samiti, Sompeta – NAPM tried to visit the villages with medicines and food they were not allowed to enter and threatened. Srikakulam police used the same tactics of terrorising and threatening as they did last year in Sompeta in mid July.
Today police fired tear gas shells causing fire to nearly 100 huts of fisherfolks in the Vadditandra village inciting people's anger. Police provoked the villagers and then opened fire with live munitions killing and injuring in the process. It is also alleged that police set fire to their own vehicles in order to justify their action and implicate villagers in burning of the vehicles. It is extremely unfortunate that inspite of NAPM's complaint to the Chairperson of AP State Human Rights Commission and Director General of Police, the situation was allowed to reach this stage. Even attempts at dialogue failed and the district administration seemed to be hell bent on terrorising and breaking the resistance against the Thermal Power Plant. Earlier Swami Agnivesh also spoke to the Chief Minister after the firing on 25th February but nothing seems to have worked.
The opposition to the thermal power plants in the area is an indication of the people's resistance to the 'development' (destruction) being thrust upon them from above. Two incidents of firing and sacrifice of life by people for protecting their land, water and their livelihood should be an indication enough for the government that people don't want this destruction. They would rather prefer to live in darkness than pay for electricity by their blood and livelihood. Unless and until Gram Sabha is involved in the planning of any infrastructure project scenes like this will continue to be repeated and the conflict will keep growing.
We demand from Andhra Pradesh Government :
- immediate suspension and stern action against the police officials involved in the incident
- immediate withdrawal of the police force from the area so that the injured could be treated and access to the villages be restored.
- Compensation and relief to those dead and injured
- Withdrawal of false charges and cases against villagers involved in the resistance
- And, finally cancellation of the Bhavanapadu Thermal Power Plant
Chief Minister, Shri Kiran Kumar must answer to the people of Andhra Pradesh and the whole country on what his forces are doing. What kind of development does he envisage for Andhra ? He can't continue to be the Chief Minister, while people are being maimed by State's forces while protecting their life and livelihood. NAPM calls for all to join in a day long dharna on March 1st from 10:30 am onwards @ Dharna Chowk, Indira Park, Hyderabad.
Medha Patkar, Thomas Kocherry, Sandeep Pandey, Maj Gen S.G.Vombatkere (Retd), Prafulla Samantara, Ulka Mahajan, Roma, P Chennaiah, Ramakrishna Raju, Ajay Kumar, Saraswati Kavula, Suniti S R, Faisal Khan, Vimal Bhai, Anand mazgaonkar, Pervin Jehangir, Madhuresh Kumar
For details call: Rama Krishna Raju 9866887299 / Saraswati Kavula 09849718364
HRF Press release on Kkarapalle
Press Release
25-2-2011
The Human Rights Forum (HRF) strongly condemns the removal by police of the protest camp at Vaddithandra village in Santhabommali mandal of Srikakulam district and the brutal caning and arrest of activists on Friday. The camp was being run since over 6 months by local villagers as part of an ongoing agitation against construction of a thermal plant in the Kakarapalli swamp by East Coast Energy Pvt Ltd (ECEPL). According to reports, several villagers have been injured. HRF demands immediate withdrawal of the massive police force mobilised in the area.
The demands of the local people are entirely justified. The plant is being constructed on a precious wetland in utter disregard of all environmental norms. In fact, the project has been mired in controversy from the very beginning with ECEPL committing several illegalities in open contempt of the law. Action should have been initiated against the project proponent (EPECL) and those government functionaries who have colluded in many ways so that the company could regularise its illegalities. Instead, the government is seeking to suppress a peaceful mass movement that rightly perceives the thermal plant as undermining its livelihood and local ecology.
Over the past three years, HRF and several civil society organisations have been speaking out against the falsification of information and irregularities committed by the ECEPL. We had pointed out how the ECEPL had gone ahead and vandalised the precious ecosystem in the area even before obtaining statutory clearances. This was done in utter defiance of the law and was possible because of active collusion by government officials. The Ministry of Environment and Forests (MOEF) has failed to act despite violations of the Environment (Protection) Act 1986 staring it in the face.
We recall that expert groups including the reputed Bombay Natural History Society (BNHS) have confirmed the socio-ecological importance of this wetland. They highlighted the fact that clearances were obtained based on deliberately concealed, faulty and misleading information. They recommended that the ecosystem of the wetland be safeguarded and also made critical observations about diversion of such a wetland for industrial use. Both the State government and the MOEF have failed to act upon these recommendations.
In the face of government inaction, ECEPL has continued construction and destroyed a fairly large portion of this precious wetland over the past two years. It went ahead with this vandalism without complying to conditions set out by the Expert Appraisal Committee (EAC) of the MOEF as well as orders of the National Environmental Appellate Authority (NEAA). In particular, it is carrying out levelling work in the wetland far in excess of the 1317 acres it is allowed to hold on to. This has resulted in repeated flooding of farm land in the area causing much distress to farmers. Time and again EPECL has misled the MOEF and flouted laws with impunity. The district administration knew of these violations and non-compliance with the law, but did nothing.
The HRF demands that environmental clearance accorded to the ECEPL be immediately cancelled. Punitive measures must be initiated against those who had violated statutory norms and colluded with the committing of the illegalities including personnel in the Revenue and APIIC. Keeping with the ecological importance of this wetland, steps must be taken to protect and conserve it.
VS Krishna S Jeevan Kumar
(HRF State general secretary) (HRF State president)
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