Review of Bhavanapadu TPP of ECEPL by EAC should not be an Eye-Wash !-Capt J.Ramarao

Review of Bhavanapadu TPP of ECEPL by EAC should not be an Eye-Wash !-Capt J.Ramarao

Further to letter dated 01-03-2011 regarding Bhavanapadu TPP, this is to bring to your kind attention, the preemptive efforts of ECEPL to dilute the review, by giving front page advertisements in the News Papers stating that they have complied with all Laws & Regulations, all Permits and Clearance obtained, submitting a factual report to EAC on steps taken in full compliance of stipulations and to demonstrate that there have been no violations of any condition whatsoever etc .

Why Review by EAC at this Stage ?

Time and again the suppression of facts & ground realities by the project proponent and the concerned State Govt agencies, just to hasten the formality of getting EC, had been brought to the notice of EAC, MOEF and the State Govt, both before EC was granted and there after. But unfortunately 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 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.

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 IBAS. 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.

The National Environment Appellate Authority (NEAA) in its order dated 30-08-2010 observed that even after leaving 500 acres of land in southern portion, the remaining area, was still found to be a marshy. The Authority also observed that various reports in this regard, including that of sub-committee of EAC were found to be incorrect. The EAC and in turn the MOEF has relied on these reports for granting E.C for the project.

Justice Delayed - Justice Denied

After a lapse of nearly two years and Police Firing on 28^th February 2011, leading to killing of two and injuring many innocent, peaceful & unarmed protestors, and a question was raised in Parliament on the subject, the MOEF reacted to the situation, as if it is a fresh case. If only the MOEF had been sensitive, responsive, proactive and not yielded to political pressures, the unfortunate incident could have been avoided. As long as we do not have an independent and autonomous Environment Protection Authority (EPA) for strict enforcement of Environmental Law, we will continue to be terrorized and be the victims of GDP oriented Development and Corporate Terrorists.

Review by EAC is Irrelevant

As the EC granted by MoEF to Bhavanapadu TPP,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.What useful purpose will be served by taking up review of compliance of conditions of E C by the EAC which is a party for recommending E C based on incorrect / misleading reports/ information? It will only result in further delay.

Swift and Decisive Action Required

The E.C granted to Bhavanapadu TPP 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 reports in respect of the project.