UCP/Email
Dr. S. K. Aggarwal
Additional Director
Ministry of Environment and Forests
Paryavaran Bhavan, CGO Complex
Lodi Road
New Delhi 110003
June 17, 2002
RE: Conditional Clearances for Bangalore-Mysore Infrastructure Corridor Project issued by KSPCB and MoEF
Dear Dr. Aggarwal,
We write in relation to the Bangalore-Mysore Infrastructure Corridor Project
(BMICP). As you may be aware, the BMICP was accorded a No Objection Certificate
“from the water and air pollution control point of view” by the Karnataka State
Pollution Control Board (KSPCB) on 01 August 2000 (vide Order No. KSPCB/CFE/DEO-2/AEO-2/2000-2001/208)
and the expressway component of this project was accorded conditional environmental
clearance by the Ministry of Environment and Forests (MoEF), New Delhi on 08
August 2001 (Order No. J-21012/39/2000-IA-III). We wish to enquire as to the
stage of compliance with the conditions listed in both these clearances.
In view of the recent statement by Mr. Ashok Kheny, Managing Director of Nandi
Infrastructure Corridor Enterprises Ltd (NICE) that the project will start ”in
a month” (Times of India, June 12, 2002, copy enclosed), it is imperative that
all conditions stipulated by the MoEF and the KSPCB are at the minimum satisfied
in order to ensure the public interest.
We would appreciate it greatly if you could please confirm whether the conditions
laid down in the clearances have been conformed with by NICE. We have listed
the conditions with questions referring the exact clause for ease of reference.
Enclosed is a copy of our representation dated 17 June 2002 to the KSPCB in
this regard for your perusal. We would also like to recall our detailed representation
to you of 27 August 2001, wherein comments and clarifications were sought on
various conditions set out in the aforesaid clearance.
The MoEF clearance (No. J-21012/39/2000-IA-III) states: |
Compliance
Questions: |
'1320
families are likely to be affected as a result of the project'. [Preamble] |
Has
there been any specific study to confirm the exact number of displaced
families by the project? |
'All
the conditions stipulated by Karnataka State Pollution Control Board vide
their letter No. KSPCB/CFE/DEO-2/AEO-2/2000-20001/208 dated 11th August
2000 shall be effectively implemented.' [Clause (i) of the 'Specific Conditions'] |
Has the KSPCB confirmed that all the conditions per NOC accorded have been conformed with? |
'Fly
ash shall be used to the extent possible in the construction of the project.
For the purpose, an action plan identifying the specific power plants
from where the fly ash/bottom ash will be taken and the quantities thereof,
which could be utilized in the project shall be prepared and submitted
to this Ministry within 3 months' [Clause a (xi) of 'Specific conditions'] |
Has this condition been complied with in due time? If so could we be informed of the nature of the agreement and with which power plant? Is the project in compliance with the policy on fly ash reuse as defined in the National Fly Ash policy? |
'Accident
mitigation measure and the procedure to be followed in emergency situation
should be detailed and information furnished to this Ministry within 3
months.' [Clause (xii) of 'Specific Conditions'] |
Has
this information been supplied to MoEF in the due time? |
'Adequate
number of underpasses shall be provided in the portion of the alignment
passing through habitations.' [Clause (xiii) of 'Specific Conditions'] |
Has there been any commitment from NICE in this regard? |
'Adequate Avenue Plantation shall be carried out all along the alignment and specific allocation of funds shall be made in this regard. Details in this regard will be furnished within 3 months.' [Clause (xiv) of 'Specific Conditions'] |
Has this information been supplied to MoEF in the due time? |
'The
project-affected people, if any, should be adequately rehabilitated and
the details in this regard should be furnished to the Ministry.' [Clause
(vii) of the 'General Conditions'] |
Has any specific agreement been reached in this regard? Is the MoEF satisfied with the adequacy of the package? |
'Adequate
financial provision must be made in the project to implement the stipulated
safeguards' [Clause (viii) of 'General Conditions'] |
Has
this provision been made in the BMIC proposal, especially considering
Mr. Kheny’s statement that the project is close to financial closure. |
'Full
support should be extended to the officers of this Ministry/Regional Office
at Bangalore by the project proponents during their inspection of the
project for monitoring purposes by furnishing full details and action
plan including action taken reports in respect of mitigative measures
and other environmental protection activities.' [Clause (x) of the 'General
Conditions'] |
It
appears that the Southern Regional Cell of the MoEF is yet to initiate
action in this regard. Would it not be difficult then to suggest further
measures as may be required for environmental protection? |
'A
six-monthly monitoring report shall be submitted to the Regional Office
of this Ministry at Bangalore regarding the implementation of the stipulated
conditions.' [Clause (xi) of 'General Conditions'] |
Has this report been submitted by NICE? Per the EIA Notification, has a copy been made available for public review? The Southern Regional Office of the MoEF claims that this document can only be supplied by Delhi, is there any other possibility of accessing this document? |
'The
project proponents shall inform the Regional Office as well as the Ministry,
the date of financial closure and final approval of the project by the
concerned authorities and the date of start of land development work.'
[Clause (xv) of 'General Conditions'] |
In
view of Mr. Kheny’s statement adverted to above, has this condition been
met with fully? |
Considering the fact that National Human Rights Commission is reviewing the case filed with regard to human rights violations in the 'Public Hearings' 'held' with regard to this project, we request you to respond to this representation at your earliest convenience.
Thanking you,
Yours sincerely,
Leo F. Saldanha Nagini
Prasad
Coordinator Campaigns Coordinator
Cc:
1.
Secretary General, National Human Rights Commission (Law Division), New Delhi
2. Chief Minister, Government of Karnataka
3. Union Minister for Environment and Forests
4. Union Minister for Social Justice and Empowerment
5. Minister for Public Works, Government of Karnataka
6. Leader of Opposition, Lok Sabha
7. Leader of Opposition, Rajya Sabha
8. Leader of Opposition, Karnataka State Council
9. Leader of Opposition, Karnataka State Assembly
10. Deputy Chairman, Karnataka State Planning Board
11. Experts of the MoEF Clearance Committee on Infrastructure
12. Spl. Secretary (IA), Ministry of Environment and Forests, Govt. of India
13. Jt. Secretary (IA), Ministry of Environment and Forests, Govt. of India
14. Chief Secretary, Government of Karnataka and Chair of the Empowered Committee
on BMIC
15. Chief Conservator of Forests (Southern Cell), Ministry of Environment and
Forests, Government of India
16. Principal Secretary, Public Works Department, Government of Karnataka
17. Principal Secretary, Dept. of Industries, Government of Karnataka
18. Principal Secretary, Dept of Infrastructure and Urban Development, Government of Karnataka
19. Principal Secretary, Dept. of Ecology, Environment and Forests, Government of Karnataka
20. Principal Chief Conservator of Forests, Karnataka State Forest Department
21. Chairman, Karnataka State Pollution Control Board
22. Chairman, Bangalore Water Supply and Sewerage Board
23. Secretary, Ministry of Social Justice and Empowerment, Government of Karnataka
24. Secretary, Ministry of Road Transport and Highways, Govt. of India
25. Secretary, Ministry of Finance, Govt. of India
26. Secretary Department of Company Affairs, Govt. of India
27. Secretary, Ministry of Urban Development, Govt. of India
28. Chairman, Foreign Investment Promotion Board, New Delhi
29. Ministry of Surface Transport, Govt. of India
30. Special Land Acquisition Officer, BMIC Project, Karnataka Industrial Area Development Board