Facts & Realities of Bhavanapadu Thermal Power Project (TPP)
1) The TPP is being located in ecologically sensitive Naupada Swamps/ Wetlands of considerable importance
A) Extract from the Minutes of 34 th meeting of EAC held on 10-11 Nov 2008
In accordance with the decision taken during the EAC meeting held on June 11-12, 2008, the site visit was made by a sub group of EAC during July 21-23, 2008 and the sub group presented its observations which are as under:-
The project site is a swamp area, and is an integral component of unique eco system of marine, terrestrial, brackish and fresh water ecological site with their own specific floral and faunal characteristics. The component of these unique eco systems are the Naupada swamps (Marine), Telineelapuram area (Terrestrial) and Tekkali creek (Brackish and Marine). This swamp / mud flat together serve as biologically rich wetland. It is ecologically rich and diverse and a home for some of the highly endangered species of Evi fauna. Further, the region also includes an identified important bird site (IBS at Telineelapuram). The area command high ecological importance as wetland habitat, priority area for conservation as important bird area, feeding areas for winter migrants, breeding area for spot billed pelicans and representative area of remnant salt water marsh lands. A position of the project is therefore likely to directly conflict with conservation objectives.
B) In the 17 th Meeting of the Standing Committee of National Board for Wild Life held on 22-12-2009, under the chairmanship of the Minister for E&F, the site inspection report of Dr.Asad Rahmani and Dr, Asha Rajvanshi had clearly stated that Naupada Swamps area was an excellent habitat for Migratory Birds and was classified as Important Bird Area (IBA). It also stated that the entire area of the project, starting from the approach road to the project site is marshy land and the EIA Report ignored Bio diversity of the area.
C)The NEAA in its Order dated 30-8-10 observed that even after leaving 500 acres of land in southern portion, thereby shifting the southern boundary of the facility by1.35 km, the remaining area (part of which already raised), was still found to be a marshy/wetland. The Authority further observed that as stated by the expert of BHNS & agreed by Dr.Kaul, an internationally renowned expert on Wetlands, elevation of the project site by the project proponent, after the grant of E C, has caused irreversible changes in the character of the Wetland. The Authority also observed that these wetlands have been converted for agricultural use & at least 10% in the locality has since been converted so far, including the raised project site and being Ecologically Important, there should be a Total Ban on further conversion
2) The EAC ignored all the representations, including the observations of its Sub-Committee regarding the ground realities about Naupada Swamps and recommended the project for granting E.C and MoEF had chosen to issue the EC for the project by its Letter dated 2-4-2009 and remained silent spectator there after. The NEAA observed that various reports in this regard, including that of sub-committee of EAC were found to be incorrect. The EAC & in turn the MOEF has relied on these reports for granting E.C for the Power Project of ECEPL at Bhavanapadu.
3) Suppression of facts and Misleading Information The EIA Report in respect of ECEPL TPP appears to have deliberately suppressed/ concealed the information regarding the location of the project in Wetland Area & failed to mention the presence of Telineelapuram–Important Bird Area Site (IBAS) within 2.5 Km from the project site.
With regard to ecological sensitivity of the area, the certification by the Principal Chief Conservator of Forests of AP that there are no National Parks, Sanctuary, Elephant/Tiger Reserve, Migratory Path (existing as well as proposed) within 10 Km radius of the project site is nothing but deliberate misleading information and suppression of the fact of the presence of Telineelapuram –IBAS- within 2.5 Km from the proposed project site.
The MOEF justified the granting of Environmental Clearance for the ECEPL Project, in spite of the reservations expressed by the Sub-committee of EAC, saying that Dept. of E&F, Govt of AP, vide its letter of 09-02-09, confirmed that the project site does not fall within Naupada Swamps and there are no conservation sites near the project site. This suppresses the fact of the presence of Telineelapuram –Important Bird Area Site (IBAS) within 2.5 Km from the project site. and the ground reality that the project site is marshy/wetland. It also ignores the fact that Naupada Swamps is one of the 55 wetlands prioritized for conservation by the AP Forest Dept
4) Cancellation of E.C by Regulatory Authority
As the Environmental Clearance (EC) granted by MoEF to Bhavanapadu Thermal Power Project, is based on misleading information, and suppression of the ground realities, the EC is liable for cancellation in accordance with Paragraph 8 (vi) of EIA Notification of 2006 which stipulates deliberate concealment and/or submission of false or misleading information or data which is material to screening or scoping or appraisal or decision on the application shall make the application liable for rejection, and cancellation of prior environmental clearance granted on that basis.
Permitting the project to continue in the present location amounts to violation of Hon’ble Supreme Court Judgment dated 28, January, 2011 in Civil Appeal No1132 /2011 with regard to Common Lands.
Conclusion:
No useful purpose will be served by taking up review of compliance of conditions of Environmental Clearance (EC) by the Expert Appraisal Committee, which is a party for recommending E C based on incorrect / misleading reports/ information, ignoring the facts and ground realities brought to its notice. It will only result in further delay and amount to window dressing to cover up the lapses.
The E.C granted to Bhavanapadu TPP of ECEPL at the present location, based on incorrect reports as observed by NEAA,, be cancelled by MOEF which is the competent Regulatory Authority, after giving a personal hearing to the Project Proponent, and following the principles of natural justice, with out delaying further by going through the process of EAC Meeting which has become irrelevant now.
The G.O.Ms.No 1108 of 15-09-2008 allotting Govt Wetlands to the project be cancelled by the Government of Andhra Pradesh, in compliance with Hon’ble Supreme Court Judgment dated 28, January, 2011 in Civil Appeal No.1132/2011 with regard to Common Lands.
Necessary penal action be considered & initiated in accordance with Sections 15, 17 and 19 of The Environment (Protection) Act, 1986, against the Officials responsible for suppressing the ground realities & submitting incorrect/misleading reports in respect of the project.
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