CENTRE CONCERNED OVER T REPORT

RAILWAY, CIVIL AVIATION AND SHIPPING MINISTRIES CONCERNED

CENTRE IN  TIZZY OVER TELANGANA REPORT

By R Rajagopalan

NEW DELHI: The Centre is in a tizzy over an imminent release of the 5-member Justice (retd) B N Srikrishna committee report on carving a separate Telangana state out of Andhra Pradesh on Tuesday, three days ahead of the promised submission to the Home Ministry on December 31 at 5 PM.  Centre on Monday issued strict warnings to 48 Telugu News Channels and 4800 cable operators in Andhra  Pradesh to obey the Cable Operators Act 1995, 

National Broadcasting Association has come out with 20 points dos and don'ts  while telecasting sensitive issues on Srikrishna Committee report.

GK Pillai Union Home Secretary held a high level meeting to review the post submission of Telangana report to Government.

Raghu Menon Information Broadcasting Secretary was in constant touch with Government of Andhra Pradesh. To issue instructions about the Telugu TV newschannels.

Speculation became rife here on Monday about the report's release as the 69-year old former Supreme Court judge Srikrishna sought an appointment of the committee with Home Minister P Chidambaram at noon on Tuesday and convened a Press conference later at 4.30 PM to interact with the national media in the Ambedkar Hall of Andhra Bhawan, the state government guest house here.

Messages went out to the Media that the full bench of the Srikrishna Committee, which includes Prof. Ranbir Singh, Dr Abusaleh Shariff, Ms Ravinder Kaur and member-secretary Vinod K Duggal, a former home secretary, would like an interaction with the media

The government is totally non-plus, unable to find out what Justice Srikrishna wants to do by meeting the Press as it may trigger an immediate law and order problem in Andhra Pradesh even if he does not release the report on Tuesday but responds to tricky questions, particularly when Andhra Pradesh is already on the boil over past one week in expectation of the committee report.

Discreet inquiries were made with Duggal by the government on Monday, but he played ignorance on what Justice Srikrishna intends to do on Tuesday, except that he was directed to fix up a meeting with Chidambaram at 12 noon and with the press at 4.30 pm. Only two weeks ago, he had informed the Home Ministry on behalf of the chairman that the final report will be submitted on Friday at 5 PM.

"All security arrangements we have planned come into operation only on December 31, the day the report is to be received by the Centre from the committee constituted early this year. These will go fut if the report or any indication about the report is out on Tuesday," a top Home Ministry official rued, pointing out that the timing earlier agreed for submission of the report would have ensured no trouble at least for two days as it comes at close of offices at 5 pm and then there are two holidays falling on January 1 and 2.

Only last week, Home Secretary G K Pillai had chaired a high-level meeting of six secretaries to Government of India and the Railway Board Chairman to chalk out measures for handling the possible law and order fallout of the committee findings as there may be strikes, bandhs and even violence. The Chief Secretary and the Director General of Police of Andhra Pradesh were also present at the meeting.

Sources said the Information and Broadcasting Secretary was specially called to the meeting to decide how to ensure the electronic media does not play up the report and speculates on it, triggering trouble in Andhra Pradesh, as the government wants to handle the media reporting on the same footings on which the Ayodhya judgement was tackled without any violence anywhere.

The state government has been told to make use of the Cable Operators Act of 1995 to cancel licences of the operators who telecast the Telangana committee report sensationally and seal their communication headquarters. There are over 5000 cable operators in Andhra Pradesh. Besides 48 Telugu channels, there are many entertainment channels that will be kept under close scrutiny as they usually telecast public meetings and news that are not allowed under the law. The district magistrates must act against them, the state government has been told.

###

December 27, 2010

JUSTICE JS VARMA 

CHAIRMAN OF

NATIONAL BROADCASTERS ASSOCIATION

NEW DELHI

All Editors of NBA

Re: Srikrishna Committee Report

As all of you are aware the Union Government has appointed Mr Justice B N Srikrishna

Committee, which among other things, is to examine the situation in Andhra Pradesh arising out of the demand for a separate State of Telangana.

It is reported that the Committee is to submit its Report on December 31, 2010.

It is imperative that the dissemination of the Report by the electronic media of this sensitive

matter is done with extra care.

It is necessary to ensure that the telecast of any news relating to it should not be sensational, inflammatory or provocative. The basic guideline to be adhered to is that all news relating to this subject should conform strictly to subserving the public interest of maintaining parochial and communal harmony, of eschewing any divisive or fissiparous tendencies and of preserving the secular ethos of our plural society.

It should be remembered that the information disseminated by the media influences the

formation of the public opinion.

Accordingly, the telecast of the Srikrishna Committee Report requires adherence to the Code

of ethics and the Specific Guidelines issued from time to time in addition to the following

Specific Guidelines in this behalf and should also ensure that no occasion arises for any

speculation about the accuracy of the content.

Some additional specific guidelines to be observed in relation to the telecast of this matter are

as follows:

1.

2.

3.

4.

5.

6.

7.

8.

All news relating to the Srikrishna Committee Report should strictly adhere to the

contents of the Report, uninfluenced by any opinion, inference or interpretation.

No broadcast(s) should be made of any speculation about the Report before it is made

fully available by the Government; and of its likely repercussions thereafter which

may be sensational, inflammatory or provocative.

No footage of violence, agitation, self-immolation etc., if any, is to be shown in any

news item relating to the subject matter of the Report.

No visuals should be shown depicting celebration or protest in relation to the Report.

Unnecessary repetition of sensitive visuals should be avoided.

Archival footage should clearly be labeled “file” and preferably also state date and

time of initial broadcast.

In view of the sensitivity of news reporting on this issue extra care should be taken to

ensure accuracy and balance of reportage, by vetting and clearance at the highest

editorial level.

It is emphasized that programmes telecast in relation to this subject should not

speculate about and should not have contentious debate on its contents.

Correspondence Address:

Registered Office:

ME-5, Sah Vikas Apartments 68, Patparganj, Delhi – 110092

M: 9810025212 Telefax: 22231872 Email: nba@nbanewdelhi.com Website: www.nbanewdelhi.com

101-103 Paramount Tower, C-17 Community Center, Janakpuri, New Delhi – 110058

-2-

It is expected that every channel will strictly adhere to this Advisory and give no occasion for

the NBSA to examine any allegation of violations by the Member channels.

This occasion is a challenge, as well as an opportunity, for Member channels to prove the

efficacy of their self-regulatory mechanism. It is hoped that the opportunity would not be

lost.

All Broadcasters are advised to preserve all the programmes telecast in relation to the

Srikrishna Report, including scripts for examination, should it become necessary.

It is expected that strict adherence to these guidelines would be ensured by all the Editors to

avoid any violation which may invite strict action.

Annie Joseph

Secretary General, NBA

CC:

Members & Legal Heads of NBA

Correspondence Address:

Registered Office:

ME-5, Sah Vikas Apartments 68, Patparganj, Delhi – 110092

M: 9810025212 Telefax: 22231872 Email: nba@nbanewdelhi.com Website: www.nbanewdelhi.com

101-103 Paramount Tower, C-17 Community Center, Janakpuri, New Delhi – 110058

andhra congress mps avoiding visit to constituencies

Three reasons 

Jagan Reddy, Telangana and Flood relief

ANDHRA PRADESH CONGRESS MPS 

AVOIDING  VISIT TO THEIR

PARLIAMENTARY CONSTITUENCIES

By R Rajagopalan

Andhra Congress MPs since three days are camping in New Delhi

and is not in a mood to visit their parliamentary constituencies.

Fearing that Congress MLAs would threaten them to join Jagan Reddy camp.

to sit on hunger strike to demand Union Government flood relief.

Andhra Congress MPs do not want to show their faces in Andhra according to

a senior Andhra Congress leader.

Having assembled in Delhi for AICC plenary, these MPs want to 

face ire from voters-on Telengana, Jagan and Flood issues.

These three are the crucial for Andhra Congress  MPs.

hence avoiding their visits to Andhra Pradesh.

Congress  MPs from Andhra are really scared of being intimitated by the voters

hence they take shelter in their Government Bungalows in Delhi.

When spoke to more than a dozen Andhra Congress MPs

on Tuesday and Wednesday, this corrrespondent gets an impression

that the Justice Srikrishna Commission on Telangana is bound to

create bitterness between Telangana versus Andhra and Rayalaseema areas.

ENDS

sashi tharoor cricket stadium goes for sixers in latest jairam missile

21 Dec 2010

SHASHI'S CRICKET STADIUM GOES FOR SIXERS IN LATEST JAIRAM MISSILE

From Our Delhi Bureau

NEW DELHI: Former union minister Shashi Tharoor's Kochi (formerly Cochin) cricket stadium on Tuesday went for the sixers with the Environment and Forest Ministry of Jairam Ramesh ordering action against it for illegally felling all mangroves in the coastal regulation zone (CRZ-1) areas in September in violation of the 1991 CRZ notification.

The ministry's order directs the Kerala State Coastal Zone Management Authority to take appropriate action against the stadium promoters for "apparent violation" of the notification and report back "action taken" within 15 days.

It cracked the whip on the basis of the site report of the ministry's Bangalore regional office on a complaint by NGO Prof S Sitaraman on the illegal constructions carried out by the Kerala Cricket Association (KCA) by destroying mangroves in the sensitive CRZ-I area of Pambaimoola near Edakochi of Ernakulam district.

The regional office report holds KVA guilty of vioalting the CRZ notification, 1991 "by land reclamation, bunding, disturbing
the natural course of seawater, destruction of mangroves, construction, and developmental activities which are prohibited under the Notification."

The KCA had acquired the site for construction of an international-level cricket stadium, ignoring the fact that there are backwater systems, mangroves and ponds, but it suppressed the fact of existence of the mangroves there. "Photographic evidence shows that till September 3, 2010, there were mangroves at the said site and these mangroves were removed by September 22, 2010," says the ministry's December 21 order.

It noted that the Kerala authority had already issued notice to KCA to stop all constructions whereas the Kerala Forest Department is probing destruction of mangroves in the 23.5 acres of land and a FIR is already registered on September 17 for the forest offence.

The ministry rejected KCA's contention that the stadium site is within the municipal corporation jurisdiction, did not have any mangroves and falls in CRZ-II area where constructions are allowed.

###

SONIA SOUNDS CONGRESS UNDER SIEGE SAYS NITIN GADKARI

19 Dec 2010

SONIA SOUNDS CONG UNDER SIEGE, SAYS BJP CHIEF

From Our Delhi Bureau

NEW DELHI: Bhartiya Janata Party President Nitin Gadkari on Sunday said Congress President Sonia Gandhi's speech at the AICC plenary here "sounds like reaction of a party under siege."

"Instead of answering the calls from the people on core issues, we see her replicating the Congress conduct when they were under attack for the Bofors scandal," he said in a statement issued here.

He wondered if she had forgotten that she is president of the party in power at the Centre, by voicing the very same questions which the Opposition asked the Congress in the budget session and winter sessions of Parliament. She has attempted to only mislead the people, he affirmed.

Asserting that Sonia Gandhi chose not to answer on how several scandals of corruption came to fore during UPA II, Gadkari decried her for dubbing the BJP's demand for the Joint Parliamentary Committee (JPC) inquiry as "political blackmail." "A Congress party which imposed the state of emergency can only use such language for the legitimate demands of the Opposition," he said.

The Congress Party is increasingly getting alienated from the people and therefore it is interested in deflecting the people’s attention from its failures, he claimed, asserting that Sonia Gandhi cannot push under carpet the issues facing the nation, be it corruption, non-performance of the UPA II government, government's alienation from people and distrust among the Congress and its allies.

###

do not go with dmk says tamil nadu congress mp

TAMIL NADU MP MANICA TAGORE WARNS AICC

NOT TO BLINDLY ACCEPT DMK ALLIANCE.

KAMRAJAR RULE IS A MUST FOR THE STATE

By R Rajagopalan

At least one prominent MP each from West Bengal and Tamil Nadu stressed while participating on the political resolution that the party's tie-up with Trinamul Congress (TMC) and DMK respectively should not be at the expense of the Congress party.

They harped on the resolution stating that the necessity of coalition politics at the central level "does not prevent our state level workers from hoping and dreaming of a larger political space wherever they may be, and we, as a party, must be cognisant and supportive of their aspirations."

Taking cue from Sonia Gandhi's silence on alliance in the coming Assembly polls, West Bengal MP Deepa Dasmunshi, wife of former minister Priyaranjan Dasmunshi lying in coma in hospital, said she is bringing to her the voice of grassroot workers that she wanted to hear in her presidential address.

She told the plenary that TMC is part of the UPA government and yet it issues statements against Prime Minister Manmohan Singh and government policies and Mamata Bannerjee puts no photos of PM or Sonia Gandhi when she inaugurates projects in West Bengal. "Only at times, Pranabda is invited," she said.

She added that the Congress should not have a tie-up in which there is no faith or confidence and in any case not give TMC the seats where the Congress is strong or has a sitting MLA.

In a similar vein, Manicka Tagore, MP from Virudhunagar in Tamil Nadu, warned against blindly accepting alliance under the DMK supremo M Karunanidhi's leadership.

"The self-respect of Congress and its activists is more important," he said and pointed out that the dream of the 'Kamraj rule' in Tamil Nadu will be never achieved if the party always believed in electoral alliances.

In her speech, Dasmunshi also made an emotional appeal for the health of her husband and former Minister Priya Ranjan Dasmunshi, who, she said, had not made much progress since he was afflicted by illness two years ago.

ends

political snippets

19-12-2010

TAMIL NADU POLITICAL SNIPPETS

Rahul Gandhi is to undertake two days visit to

six districts in Tamil Nadu from Wednesday to monitor the

Tamil Nadu Youth Congress adopting villages in those districts

GK Vasan camp is now monoplosing Tamil Nadu Youth Congress.

And the same camp undertook padayatra in these six districts to expose

corruptions of Karunanidhi Ministers. Tamil Nadu Youth Congress demands

DMK Ministers and leaders should  declare their assets

----------------------------------------

Jayalalitha to visit ADMK headquarters in Chennai, on Monday to distribute

cheques to the martyrs of ADMK who were dead when they were on

party work.

-------------------------------------------

300 IAS officers names are being shortlisted by Election Commission

to post them as Election Commission observers for Tamil Nadu,

West Bengal and other states. They will assume their role on January 5, 2011

---------------------------------------------

Karunanidhi and Sonia Gandhi photos were missing in the 

half a page advertisements of Union Ministry of Textiles,

but only Dayanidhi Maran photo, which appeared in most of the Delhi

english dailies. A new trend?

------------------------------------------

Dayanidhi Maran touched the feet of MK Alagiri at a Government function

in Madurai. Many tamil dailies have carried huge photo

---------------------------------------

ends

JAIRAM TAKES ON MUNDRA

No.10-138/2008-IA-III

Government of India

Ministry of Environment and Forests

(IA-III Division)

Paryavaran Bhawan,

CGO Complex, Lodhi Road,

New Delhi-110003.

Dated the 15^th December, 2010

To,

M/s Mundra Port and Special Economic Zone Limited,

“Adani House”,

C-105, Anand Niketan,

New Delhi -110021.

Sub: Show Cause Notice under Section 5 of Environment (Protection) Act, 1986 for violation of the provisions of the Coastal Regulation Zone Notification, 1991 by M/s Mundra Port & SEZ Limited - regarding.

****

Whereas, the Ministry of Environment and Forest (MoEF) had received a representation from Shri Bharat Patel, General Secretary, Machimar Adhikar Sangharsh Sangathan vide e-mail indicating gross violation of the Coastal Regulation Zone area for establishing various facilities of M/s Mundra Port & SEZ Limited, attached at Annexure-I of this notice; and

2. Whereas, the Ministry had directed Dr. A. Senthil Vel, Additional Director, Ministry of Environment and Forests (MoEF) to undertake site visit and submit a report; and

3. Whereas, a site visit was undertaken by Dr. A. Senthil Vel, Additional Director alongwith the officials of the Gujarat Pollution Control Board and Gujarat Ecological Commission on 6^th and 7^th December, 2010; and

4. Whereas, a site visit report has been submitted by Dr. A. Senthil Vel, Additional Director, MoEF on 14^th December, 2010, a copy of which is at Annexure-II of this notice; and

5. Whereas, the site visit report indicates that large scale reclamation using dredged material is being carried out on mangrove area behind the West and North port site; and

6. Whereas, a dredging disposal pipeline has been laid in the intertidal area carrying the dredged material to the landward side of the port to reclaim the land area on the West and North port side and which pipeline has been obstructing the tidal flow due to which the mangroves stretches on the western and northern port side have been seriously affected and at several places the mangroves have dried up; and

7. Whereas, at several places there has been large scale destruction of mangrove areas, especially at the northern port side abutting the dredge disposal pipeline; and

8. Whereas, the creeks systems and the natural flow of seawater is being obstructed by reclamations along the creeks, with destruction of mangroves being observed at several stretches; and

9. Whereas, M/s Mundra Port & SEZ Limited have developed an airport the sign board at the site indicating “airport”, which is located close to the shore and it is noted that the clearance letter from Civil Aviation Department dated 30^th October, 2008 provided by M/s Mundra Port & SEZ Limited interalia refers to development of a Mundra aerodrome while development of a aerodrome/airport requires prior environmental clearance under the Environmental Impact Assessment Notification, 2006; and

10. Whereas, a township named as “Samundra Township”, which has been accorded clearance under the EIA Notification, 2006 by Gujarat SEIAA on 20^th February, 2010, is observed to be located in the Coastal Regulation Zone area of the creek and no clearance under the Coastal Regulation Zone Notification, 1991 has been obtained therefor; and

11. Whereas, a hospital named as “Sterling” has been constructed in the Coastal Regulation Zone area of the same creek thereby requiring a clearance under the Coastal Regulation Zone Notification, 1991, which clearance has not been obtained; and

12. Whereas, under the provisions of the CRZ Notification, 1991 as amended from time to time interalia stipulate the following:-

(a) In Para 6(1), sub-heading CRZ-I; the areas that are ecologically sensitive such as mangroves, areas close to breeding and spawning ground of fish and other marine life, areas of outstanding natural beauty, areas rich in genetic diversity are classified as CRZ-I(i), while, the area between Low Tide Line and High Tide Line are classified as CRZ-I(ii).

(b) Under Para 2(xi) and (xii), construction/developmental activities indicated therein, such as reclamation and destruction of mangroves, construction of path in the mangrove area, developmental activities in the mangrove area are prohibited.

(c) Under Para 2(viii), land reclamation, bunding or disturbing the natural course of seawater by undertaking such developments indicated above is a prohibited activity, further, under this para reclamation for commercial purposes such as shopping and housing complexes, hotels and entertainment activities are not permissible.

(d) Under Para 2, the projects with the investment more than Rs.5crores are to be accorded clearance under the Coastal Regulation Zone Notification, 1991 by the Ministry of Environment and Forests after obtaining necessary recommendations from the State Coastal Zone Management Authority.; and

13. Whereas, Ministry of Environment and Forests had accorded clearance to the Coastal Zone Management Plan of Gujarat with conditions and modifications on 27^th September, 1996.

14. Whereas, the Ministry of Environment and Forests had issued environmental clearance vide letter No.10-47/2008-IA-III, dated 12^th January, 2009 for “Coastal Regulation Zone clearance for proposed waterfront development project at Mundra district, Kachchh, Gujarat of M/s Mundra Port & SEZ Limited”; and

15. Whereas, the Specific Condition at item No.i) of the above clearance letter stipulated that, “No existing mangroves shall be destroyed during construction/operation of project; and

16. Whereas, the Specific Condition at item No.ii) of the above clearance letter stipulated that, “There shall be no filling up of the creek and reclamation of the creek”; and

17. Whereas, the General Condition at item No.(i) provides that, “Construction of the proposed structures, if any in the Coastal Regulation Zone area shall be undertaken meticulously conforming to the existing Central/local rules and regulations including the Coastal Regulation Zone Notification, 1991 & its amendments. All the construction designs/drawings relating to the proposed construction activities must have approvals of the concerned State Government Departments/Agencies”; and

18. Whereas, the General Condition at item No.(v) stipulates, “Sand dunes, corals and mangroves if any, on the site shall not be disturbed in anyway”;

19. Whereas, in view of the above foregoing paras, the Ministry is of the opinion that M/s Mundra Port & SEZ Limited have violated the Coastal Regulation Zone Notification, 1991, approved Coastal Zone Management Plan of Gujarat dated 27^th September, 1996 and have not complied to the conditions listed in the environmental clearance letter issued by the Ministry vide letter No.10-47/2008-IA-III dated 12^th January, 2009;

20. Now, therefore, under Section 5 of Environment (Protection) Act, 1986, you are hereby directed to show cause within fifteen days of the issue of this Notice as to why:-

1. (a) the clearance accorded vide letter No.10-47/2008-IA-III dated 12^th January, 2009 and an Addendum vide letter No.10-47/2008-IA-III, dated 19^th January, 2009 for the West port and North port should not be cancelled;

(b) the environmental clearance accorded to the Township Project by Gujarat SEIAA vide letter dated 20^th February, 2010 should not be cancelled;

(c) the pipeline carrying the dredged material for reclamation should not be dismantled and removed and the channels opened up for the in flow of the tidal water flow;

(d) all reclamations that have been carried out in the mangrove area should not be dismantled and removed.

(e) all channel/creek systems which have been reclaimed should not be opened up in order to provide for the natural flow of seawater.

(f) a mangrove afforestation of additional 1000ha should not be undertaken in and around the project site in consultation with the organizations like Gujarat Ecological Commission and with provision necessary funds for this purpose by M/s Mundra Port & SEZ Limited.

21. It may be noted that if no response is received within fifteen days or receipt of these directions, appropriate orders as deemed fit will be passed under the circumstances of the case without any further notice to you. In case personal hearing is desired, it may be so indicated in your response.

22. The following directions are issued for compliance by the Gujarat Coastal Zone Management Authority:-

1. The Gujarat Coastal Zone Management Authority shall enquire into and submit a report to MoEF within four weeks regarding the construction of the Samudra Township and the “Sterling” hospital in the Coastal Regulation Zone area without any clearance being obtained under the Coastal Regulation Zone Notification, 1991.

2. The Gujarat Coastal Zone Management Authority shall within four weeks have the revised Coastal Regulation Zone area prepared for the site and the layout plan with permissible activities will be superimposed, thereupon, whereafter those activities which have been undertaken or the structures which have been constructed or are in the process of being constructed in violation of the Coastal Regulation Zone notification, 1991 shall be removed/dismantled forthwith, following the due process.

23. These directions issue with the approval of the Competent Authority.

Encl’s: As above

(Dr. A. Senthil Vel)

Additional Director

Copy to:-

1. Member Secretary, Gujarat Coastal Zone Management Authority, Forests & Environment Department, Government of Gujarat, Block No. 14/8, Sachivalaya, Gandhi Nagar – 382010.

2. Shri Bharat Bhushan, Director, IA Division, Ministry of Environment and Forests, New Delhi.

(Dr. A. Senthil Vel)

Additional Director

No.11-7/2010-IA-III

Government of India

Ministry of Environment and Forests

(IA-III Division)

Paryavaran Bhawan,

CGO Complex, Lodhi Road,

New Delhi-110003.

Dated the 15^th December, 2010

To,

M/s OPG Power Gujarat Private Limited,

167, St. Mary’s Road,

Alwarpet, Chennai-600018.

Sub: Show Cause Notice under Section 5 of Environment (Protection) Act, 1986 for violation of the provisions of Environmental Impact Assessment Notification, 2006 by M/s OPG Power Gujarat Private Limited - regarding.

****

Whereas, the Ministry of Environment and Forest (MoEF) had received a representation from Shri Bharat Patel, General Secretary, Machimar Adhikar Sangharsh Sangathan vide e-mail indicating violation of Environmental Impact Assessment Notification, 2006 for establishing the above project at village Bhadreshwar, taluka Mundra, district Kutch M/s OPG Power Gujarat Private Limited (the Unit), attached at Annexure-I of this notice; and

2. Whereas, Gujarat SEIAA issued environmental clearance vide No.SEIAA/GUJ/EC/1(d)/114/2009, dated 11^th June, 2010 in which vide item No.12 of the Specific Conditions stipulates that, “The project proponent shall not start any construction/project enabling activities unless and until environmental clearance as well as all requisite prior permissions/clearances are obtained”.

3. Whereas, the Ministry had directed Dr. A. Senthil Vel, Additional Director, Ministry of Environment and Forests (MoEF) to undertake site visit and submit a report; and

4. Whereas, a site visit was undertaken by Dr. A. Senthil Vel, Additional Director alongwith the officials of the Gujarat Pollution Control Board and Gujarat Ecological Commission on 6^th and 7^th December, 2010; and

5. Whereas, a site visit report has been submitted by Dr. A. Senthil Vel, Additional Director, MoEF on 14^th December, 2010, a copy of which is at Annexure-II of this notice; and

6. Whereas, the site visit report indicates that the unit has fenced the site with barbedwires; the site has been cleared of vegetation; soil from outside has been brought and used for levelling of the ground; a tar/metal road has been laid within the project site; large burrows has been dug up at the project site which the unit claims to be meant for soil testing and compaction testing; labour camps have been set up with temporary sheds; and

7. Whereas, the above construction activities demonstrate non-compliance with Specific Conditions item No.12 of the environmental clearance issued by Gujarat SEIAA vide No.SEIAA/GUJ/EC/1(d)/114/2009, dated 11^th June, 2010, as the environmental clearance under CRZ for the intake and outfall channel for the project has not been obtained so far; and

8. Now, therefore, under Section 5 of Environment (Protection) Act, 1986, you are hereby directed to show cause within fifteen days of the issue of this Notice as to why:-

(i) The environmental clearance issued by SEIAA vide letter No.SEIAA/GUJ/EC/1(d)/114/2009, dated 11^th June, 2010 should not be cancelled.

(ii) M/s OPG Power Gujarat Private Limited should not maintain status-quo in respect of implementation of the project on the site.

9. It may be noted that if no response is received within fifteen days, appropriate orders as deemed fit will be passed under the circumstances of the case without any further notice to you. In case personal hearing is desired, it may be so indicated in your response.

10. These directions issue with the approval of the Competent Authority.

Encl’s: As above

(Dr. A. Senthil Vel)

Additional Director

Copy to:-

Member Secretary, Gujarat Coastal Zone Management Authority, Forests & Environment Department, Government of Gujarat, Block No. 14/8, Sachivalaya, Gandhi Nagar – 382010.

(Dr. A. Senthil Vel)

Additional Director

Site visit to M/s Mundra Port & SEZ Limited Port site at Mundra and M/s OPG Power Gujarat Private Limited on 6^th – 7^th December 2010.

Based on the representation received from Shri Bharat Patel, Machimar Adhikar Sangharsh Sangathan (MASS), Gujarat. The Ministry directed Dr. A. Senthil Vel, Additional Director, MOEF to visit the above two sites and submit a report. Copy of the representation is at Annexure –I.

2. Accordingly, the letters were issued to (i) Government of Gujarat,(ii) Gujarat Pollution Control Board (iii) Gujarat Ecological Commission (GEC) (iv) Directors of the above 2 units informing about the visit and requesting them to provide all necessary information and records to the visiting team.

3. The site visit to waterfront development project at Mundra District Mundra and OPG thermal power plant site was undertaken on 6^th – 7^th December, 2010. The officials who visited the site were:-

1. Dr. A. Senthil Vel, Additional Director, Ministry of Environment and Forests
2. Shri M.V Patil, Executive Engineer, Gujarat Pollution Control Board
3. Shri K. C. Panchol, RO, Gujarat Pollution Control Board
4. Shri M.R Macwana, DEE, Gujarat Pollution Control Board
5. Shri Bakul C. Porahmbhatt, Scientific Officer, Gujarat Pollution Control Board
6. Shri Nischal Joshi, Gujarat Ecology Commission
7. Shri Vibhu Patel, Gujarat Ecology Commission
8. Shri Bharat Patel, Machimar Adhikar Sangharsh Sangathan alongwith several other villagers

4. The site visit report alongwith the recommendations are attached as follows:-

Report-I : M/s Mundra Port & SEZ Limited:

Background:

1. The MOEF had issued the clearance under the Environmental Impact Assessment and Coastal Regulation Zone Notification for the proposed water front development project at Mundra, District Kachchh by M/s Mundra Port & SEZ Limited vide letter No.10-47/2008-IA-III dated 12^th January, 2009 (Annexure-II) and an Addendum vide letter No.10-47/2008-IA-III, dated 19^th January, 2009 (Annexure-III). The clearances were issued based on the recommendations made by Gujarat State Coastal Zone Management Authority/Gujarat Environment Department vide their letter No.ENV10/2008/843-P, dated 13^th April, 2008 was for foreshore facilities and other permissible activities for the north, west, south and east port. In the clearance letter, it was clearly mentioned at

“(A) Specific Conditions”,-

“ i) No existing mangroves shall be destroyed during construction/operation of the project.

ii) There shall be no filling up of the creek and reclamation of the creeks.”

B. General Conditions:

“(i) Construction of the proposed structures, if any in the Coastal Regulation Zone area shall be undertaken meticulously conforming to the existing Central/local rules and regulations including Coastal Regulation Zone Notification, 1991 & its amendments. All the construction designs/drawings relating to the proposed construction activities must have approvals of the concerned State Government Departments/Agencies.”

2. Further, clearances have also been obtained from the State Environmental Impact Assessment Authority, Gujarat for the development of a township and area development project at Survey No.141, Part Village, Mundra falling within the above project area vide letter dated 20^th February, 2010 (Annexure-IV).

The site visit team also met and heard the officials from M/s Mundra Port & SEZ Limited. The Members present from M/s M/s Mundra Port & SEZ Limited include,-

1. Dr. Malay Mahadevia, Director
2. Shri B. S. Sodhi
3. Shri Saurabh
4. Dr. Ajoi Jain, AGM

M/s Mundra Port & SEZ Limited submitted a compliance report to the environmental clearance letter issued by the Ministry on 12^th and 19^th January, 2010 alongwith the information relating to a “airport/aerodrome” and the brochure pertaining to various mangrove conservation measures provided by M/s Mundra Port & SEZ Limited are given at Annexure-IV. Based on the site visit and the information provided by M/s Mundra Port & SEZ Limited and the Pollution Control Board, the compliance report to the above environmental clearance letter is placed at Annexure-V.

Following are the observations made at the project site based on the site visit by the above team and the time series satellite images provided by Shri Bharat Patel and Prof. R. Ramachandran, Director, Institute for Ocean Management:-

1. Large scale reclamation using dredged material is being carried out on mangrove area behind the West and North port site.

2. A dredging disposal pipeline has been laid in the inter tidal area carrying the dredged material to the landward side of the port to reclaim the land area on the West and North port side. This pipeline has been obstructing the tidal flow due to which the mangroves stretch on the western and northern port side have been affected and at several places they have dried up.

3. At several places there has been large scale destruction of mangrove area specially at the northern port side abutting the dredging pipeline.

4. The creeks systems and the natural flow of seawater is being obstructed by reclamation along the creeks. At some stretches destruction of mangroves has been observed.

5. M/s Mundra Port & SEZ Limited have developed an airport (the sign board at the site indicates “airport”). This airport is located close to the shore. As per the clearance letter from Civil Aviation Department dated 30^th October, 2008 provided by M/s Mundra Port & SEZ Limited, the clearance has been obtained for developing a Mundra aerodrome. Development of an aerodrome requires clearance under Environmental Impact Assessment (EIA) Notification, 2006.

6. The township named as “Samundra Township” which has been cleared under EIA Notification by SEIAA on 20^th February, 2010 is located in the Coastal Regulation Zone area of the creek and has been constructed by reclaiming the Coastal Regulation Zone area. Clearance under Coastal Regulation Zone notification has not been obtained.

7. Hospital “Sterling” has been constructed within 20metres from the same creek which attracts the Coastal Regulation Zone Notification, 1991.

In view of the above observation the following are the conclusions:-

1. M/s Mundra Port & SEZ Limited have violated the Coastal Regulation Zone Notification, 1991 while developing the proposed water front development project at Mundra, District Kachchh. Hence, the following actions are proposed:-

(i) Show Cause Notice under Section 5 of the Environment (Protection) Act, 1986 be issued against M/s Mundra Port & SEZ Limited regarding,-

(a) Cancellation of the clearance accorded vide letter No.10-47/2008-IA-III dated 12^th January, 2009 and an Addendum vide letter No.10-47/2008-IA-III, dated 19^th January, 2009 for the West port and North port.

(b) Cancellation of the clearance accorded to the Township project by SEIAA vide clearance letter dated 20^th February, 2010 since, clearance under the Coastal Regulation Zone notification has not been obtained.

(c) Dismantling and removal of the pipeline carrying the dredged material for reclamation and opening up channels for tidal water flow.

(d) Dismantle/remove all reclamation that has been carried out on mangrove area.

(e) Open up all channel/creek systems which have been reclaimed in order to provide for natural flow of seawater.

(f) A mangrove afforestation of additional 1000ha in and around the project site be undertaken in consultation with the organizations like Gujarat Ecological Commission. Necessary funds for this purpose may be provided by M/s Mundra Port & SEZ Limited.

(ii) The Ministry may issue a policy letter to all the SEIAA/Coastal Zone Management Authorities to coordinate in such a manner that environmental clearances are not issued for Coastal Regulation Zone areas with necessary stipulations about CRZ clearance.

(iii) The Gujarat Coastal Zone Management Authority may be directed to enquire and submit a report within four weeks with regard to the construction of Samudra Township and the hospital “Sterling” which has been constructed in violation of the Coastal Regulation Zone Notification, 1991.

(iv) The Gujarat Coastal Zone Management Authority may be directed to have the revised Coastal Regulation Zone area prepared for the site and layout plan with permissible activities within four weeks superimposed. Whereafter, those activities which have undertaken or the structures which have been constructed or are in the process of being constructed in violation of Coastal Regulation Zone notification, 1991 shall be removed/dismantled forthwith, following the due process.

(v) A letter of caution may be issued to all the project proponents who have obtained environmental clearance from Ministry of Environment and Forests or from SEIAA stating that in case this project also attracts Coastal Regulation Zone Notification, 1991 necessary CRZ clearances from the concerned authorities under this Notification needs be obtained, before implementing the project.

Report-2 : M/s OPG Power Gujarat Private Limited

Background:

1. For setting up of 2X150MW thermal power station M/s OPG Power Gujarat Private Limited have obtained SEIAA clearance on 11^th June, 2010. The project is proposed to be located in Bhadreshwar, Mundra District.

2. With regard to laying of the intake channel for the thermal power project which attracts the Coastal Regulation Zone Notification, 1991, M/s OPG had submitted a proposal to the Ministry on 4^th January, 2010. This proposal was considered in the Expert Committee meeting held in July, 2010 and the proposal was rejected in its present form and the proponent were asked to submit a revised proposal for a intake system through a pipeline rather than a open channel system.

The MASS have alleged that the proponent has initiated civil constructions at the site without obtaining necessary clearances from the intake/outfall channel in CRZ area which is in violation to the environmental clearance issued by SEIAA. As per item No.12 of the Specific Conditions of the environmental clearance letter issued by Member Secretary, SEIAA (Gujarat) dated 11^th June, 2010, “The project proponent shall not start any construction/project enabling activities unless and until environmental clearance as well as all requisite prior permissions/clearances are obtained”.

3. Further, the following officials from OPG Power Gujarat Private Limited met the site visiting Committee who heard them and the information sought by the Committee was also provided by M/s OPG (Annexure-V):-

1. Shri K. C. Pancholi, RO, Bhuj
2. Shri M. V. Patel, EE, GKB, HO
3. Shri M. R. Makwana, DEE, RO, Bhuj
4. Shri B. C. Braham Bhatt, S.O.,RO, Bhuj

4. The following are the observations made during the site visit:-

1. The unit has fenced the site with barbedwires.

2. The site has been cleared of vegetation.

3. The fishermen communities showed photographs of trees being uprooted during clearing.

4. Soil from outside has been brought and used for levelling of the ground.

5. Tar/metal road has been laid within the project site.

6. Large burrows has been dug up at the project site which the project unit claimed that these are meant for soil testing and compaction testing.

7. Labour camps have been set up with temporary sheds.

The proposed intake point as mentioned by the fishermen communities were also visited. It was observed that the intertidal area is very large (more than 2-3kms) and the entire stretch is a mud flat which is highly biologically protective. The coastal waters are known for Bombay duck fishery. The fish catch was also seen in abundance.

During discussions and the information provided by the proponent it is observed that,-

1. The Unit has not yet finalized the coal movement/transportation.

2. In the information provided they propose to used a blend of imported coal from Indonesia and indigenous coal (letter of agreement for importing the coal and the coal linkage have been provided). The imported coal is proposed to be transported from Mundra port which is 25kms from the site and Kandla Port which is 48kms. The indigenous coal would be brought by ship to the port or by road or by railway line. As per the information provided the coal would be transported from these ports through covered trucks. As per the information about 150 to 200 coal trucks are expected to move daily. This would be in addition to the fly ash that will be moved out from the project site. During the site visit the conditions of various roads was observed. These roads leading to the project site are single lane, tar roads passing through villages. The roads are in a very bad condition with pot holes and at some stretches the roads are not motorable due to existing movement of container trucks from Adani Port.

3. The above aspect about the road condition and coal movement have not been covered in the EIA report. The movement of coal through such roads for a distance of 48 to 25kms to the project site is not appropriate from the environmental angle. Further, such increased traffic through villages is not call for.

In view of the above observations the following are the conclusions:-

I. M/s OPG Power Gujarat Private Limited have violated the Environmental Impact Assessment Notification, 2006 by undertaking civil constructions without obtaining Coastal Regulation Zone clearance for the intake and outfall system for the project. Hence, the following actions are proposed:-

1. Show cause notice under Section 5 of the Environment (Protection) Act, 1986 be issued against M/s OPG Power Gujarat Private Limited regarding,-

(i) as to why the environmental clearance issued by Gujarat SEIAA vide letter No.SEIAA/GUJ/EC/1(d)/114/2009, dated 11^th June, 2010 should not be cancelled.

(ii) M/s OPG Power Gujarat Private Limited should not maintain status-quo in respect of implementation of the project on the site.

II. Shri Bharat Bhushan, Director, who is Secretary of EAC would be advised to inform the project proponent that the following issues would need to be addressed before his case is considered. EAC also to be informed,-

(i) The intake channel as proposed by the Expert Appraisal Committee shall be firmed up. The design and location of the intake channel shall be discussed with the fishing communities who have expressed apprehension due to loss of fisheries.

(ii) The intertidal area at the site is very large (more than 2-3kms). The project proponent should design the intake and outfall pipeline in such a manner that the inlet and outlet is much beyond the intertidal area and shall reach a depth of not less than 5mts. The entire pipeline shall be underground.

(iii) The project proponent should provide a dedicated railway line or covered conveyor belt from the port so as to transport the coal. Transportation through trucks should not be permitted keeping in view the pollution and hazard involved.

III. Member Secretary, SEIAA would be requested to ask project proponent to have the EIA report accordingly revised taking into account the above aspects including the composition of the imported coal and an addendum to the environmental clearance should be considered by the SEIAA.

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