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

______________________________________________________________________________

25^th 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 23^rd February, though there has been no incidence of violence of any kind. Further today morning on 25^th 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.

2. Right from the beginning, ECEPL defied every environment law and started construction without prior permission. The company had the support of the local officials.
3. 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.
4. 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.

5. 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.
6. The ECEPL had in its possession 2050 acres of land in the wetland. But at the 40^thmeeting 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.

7. 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.

8. 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.

9. 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.

10. “No filling and raising of land beyond 1317 acres within wetlands of which 150 acres would be greenbelt”
11. “No activity in identified 483 acres of land which includes 8 acres of proposed pond near the temple”

12. 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)