[Urbanstudy] Mangalore Petrochemical SEZ Environmental Public Hearing Ended Abruptly

Thu Nov 29 17:43:53 IST 2007

Hi Leo

1. There are two names quoted as DC: Mr. Jayaprakash Rao and Mr.
Mahabaleshwar Rao.

2. Under the demand - if in light of such turn of events and the eventual
decision of the Deputy Commissioner to walk out of a Statutory Public
Hearing in clear abrogation of his service rules and the applicable law -
why not action be demanded on him to set an example.

Harish
On Nov 29, 2007 4:59 PM, leo saldanha <leofsaldanha at gmail.com> wrote:

>
>
> 29 Nov. 07
>
> *Mangalore Petrochemical SEZ Environmental Public Hearing Ended Abruptly*
>
>
>
> In what is turning out to be another aggressive effort to push ahead with
> a Special Economic Zone, the Deputy Commissioner of Mangalore district in
> Karnataka, Mr. Mahabaleshwar Rao, IAS, decided to abruptly end proceedings
> of a statutory Environmental Public Hearing being held in Bajpe town on 28
> November 2007.  He refused to accept the demand of over 4000 local people
> who had gathered to participate in the proceedings that it made no sense to
> them to hold a Hearing, when the Environment Impact Assessment was furnished
> to them in English, and not in the local language of Kannada.
>
>
>
> The investment in question was the proposal of Oil and Natural Gas
> Commission of India to establish a massive Petrochemicals based Special
> Economic Zone over 4,000 acres of pristine agricultural, mountainous terrain
> replete with rivers and streams, in one of the most ecologically sensitive
> regions of India.  The Karnataka State Pollution Control Board called for
> the Public Hearing with a 30 day notice, but without providing the EIA in a
> language that people could understand, as required by law.
>
>
>
> Undeterred by the fact that to hold the Hearing, despite this fundamental
> lacunae in dissemination of information, would make the entire process
> unconstitutional, the Deputy Commissioner held on to his questionable
> interpretation.  Those gathered demanded almost total unanimity postponement
> of the Public Hearing, which infact is allowed by the EIA Notification.  But
> this demand was callously brushed aside by the officer who left rather
> abruptly and without in any categorical manner explaining to the hundreds
> gathered what this action meant.
>
>
>
> Troubled by such abuse of power, a large section of the participants
> traveled to Mangalore city (20 kms. away) and held a demonstration in front
> of the DC's office till very late in the night.  Their only demand was that
> the DC must order postponement of the Hearing in accordance with the EIA
> Notification, and announce the date for a fresh hearing when KSPCB and ONGC
> fully complied with the requirements of the law.  Neither did the DC come to
> receive this representation, nor has he issued any official communication of
> how his action should be interpreted.
>
>
>
> The deeply flawed EIA Notification 2006 (check www.esgindia.org for
> details) clearly allows the Government to proceed with the process of
> clearing a project of such scale, even if the process of Public Hearing has
> not been properly conducted.  Clearly an undemocratic and illegal provision,
> this flaw has been repeatedly abused by various authorities resulting in
> widespread violation of human rights and environmental norms.
>
>
>
> Enclosed is a detailed statement issued by *Krishi Bhoomi Samrakshana
> Samithi* (Farm Land Protection Committee) that represents all the affected
> villages the proposed site of the 4000 acres Mangalore Petrochemicals SEZ.
>
>
>
>
>
> Leo F. Saldanha                       Bhargavi S.
> Rao                       Arthur Pereira
>
> Environment Support Group (R)
>
> 105, East End B Main Road, Jayanagar 9th Block East, Bangalore
> 560069.INDIA
>
> Tel: 91-80-22441977/26531339  Voice/Fax: 91-80-26534364
>
> Email: esg at esgindia.org or esgindia at gmail.com <esg at bgl.vsnl.net.in> Web:
> www.esgindia.org
>
>
>
>
>
> *Press Coverage on the issue:*
>
>
>
> Public hearing on MSEZ ends abruptly, The Hindu* *http://www.hindu.com/2007/11/29/stories/2007112954890500.htm
>
>
>
>
> People wait for hours to submit memorandum to official, The Hindu,* *http://www.thehindu.com/2007/11/29/stories/2007112960240300.htm
>
>
>
>
> M'lore SEZ meet cut short amid protests, Deccan Herald, http://www.deccanherald.com/Content/Nov292007/state2007112938399.asp
>
>
> * *
>
> MSEZ public hearing ends abruptly, Deccan Herald,
>
> http://www.deccanherald.com/Content/Nov292007/district2007112838362.asp
>
>
>
> Public hearing meet ends abruptly, New Indian Express,
>
>
> http://newindpress.com/NewsItems.asp?ID=IEK20071128202612&Page=K&Headline=Public+hearing+meet+ends+abruptly&Title=Southern+News+%2D+Karnataka&Topic=0
>
>
>
>
>
> *Pictures enclosed (Zipped File):*
>
>
>
> 1)       Women_hearing….jpg: Women participated in very large numbers in
> the Public Hearing
>
> 2)       DC_KSPCB…jpg: The Deputy Commissioner Mr. Jayaprakash Rao flanked
> by KSPCB officials
>
> 3)       DC_MSEZ…jpg: The Deputy Commissioner trying to justify why
> holding the Hearing was legal.
>
> 4)       Protest_DEC..jpg:  Affected communities protesting at the DC's
> office after the officer abruptly ended the Hearing.
>  Enclosed: Representation and Demands
>
> Krishi Bhoomi Samrakshana Samithi
>
> (Permude, Thenka Ekkaru, Kutthethooru, Delantha Bettu villages)
>
> D'Cunha Complex, Katil Road, Permude, Mangalore
>
> Tel: 0824-2442789/9448216975
>
>
>
> 28 November 2007, Bajpe
>
>
>
> *DEMAND TO POSTPONE THE ENVIRONMENTAL PUBLIC HEARING ON THE PROPOSED
> MANGALORE SEZ IN COMPLIANCE WITH THE ENVIRONMENT IMPACT ASSESSMENT
> NOTIFICATION*
>
>
>
>
>
> An Environmental Public Hearing on the proposed Mangalore Special Economic
> Zone was called today at 11 am at St. Joseph's Church, Bajpe Church Hall, by
> the Karnataka State Pollution Control Board under the Chairmanship of the
> Deputy Commissioner of Mangalore, Shri. Mahabaleshwar Rao, IAS.
>
>
>
> The claim made by the Board while issuing the 30 days notice of Public
> Hearing in various newspapers, was that the investor M/s Mangalore SEZ Ltd.
> complied fully with the provisions of the EIA Notification 2006, and thereby
> the issual of hearing notice was legal.
>
>
>
> Many written objections were raised by various local affected communities
> during the 30 days period on the ground that the Hearing had been called in
> abject violation of the spirit, objective and provisions of the said
> Notification, in particular the procedure as laid out for holding such
> Statutory Public Hearings in Annexure IV of the Notification.  Of absolute
> importance here was the fact the the Draft Environment Impact Assessment of
> the proposed investment was available in the designated offices only in
> English, and thereby violated the provisions of Section 2 of the aforesaid
> Annexure.
>
>
>
> No clarification was issued to the general public by the Deputy
> Commissioner or by the Karnataka State Pollution Control Board or even the
> Karnataka State Environmental Impact Assessment Authority as to how the
> holding of the Hearing fulfilled the aforementioned provisions.
>
>
>
> On the day of the Hearing over 5,000 people gathered at the venue from the
> very early hours of the morning. Significantly half of those gathered
> included women and children from the affected areas of the proposed
> investment.  As was insisted, they followed every requirement of the Board
> in terms of registering their names and addresses and sat peacefully inside
> the premises of the Church Hall.
>
>
>
> The Hall was full half hour before the scheduled time of the Hearing, and
> about 500 people were seated outside after registration.  Even at the time
> the Hearing commenced, at 11 a.m., there were at least another 1000 people
> still to be registered and seated.  It is indeed a matter of great concern
> that the Deputy Commissioner opened the process of conducting the Hearing,
> even when the local affected persons in particular and many others who were
> concerned, in general, were not yet able to fully participate in the
> proceedings.
>
>
>
> Many fervent appeals were made to the Deputy Commissioner not to initiate
> the process till such time everyone was adequately seated and able to
> participate, but he overruled this request and continued with the process.
>
>
>
> After the introductory remarks by the Deputy Commissioner, Member
> Secretary of the Board, officials of the Government department dealing with
> SEZ and the project proponent, the floor was thrown open to those present to
> present their views.
>
>
>
> One important point raised at the outset was that the Deputy Commissioner
> was conducting the Hearing in gross violation of the provisions of the EIA
> Notification.  In particular it was brought to the attention of the forum
> that the decision of the DC to hold the Hearing in this manner was in abject
> violation of the provision 2.2 wherein it is stated as follows:
>
>
>
> "The Applicant shall enclose with the letter of request, at least 10 hard
> copies and an equivalent number of soft (electronic) copies of the draft EIA
> Report with the generic structure given in Appendix III including the
> Summary Environment Impact Assessment report in English and in the local
> language, prepared strictly in accordance with the Terms of Reference
> communicated after Scoping (Stage-2)."
>
>
>
> It is clear from this provision that the Draft EIA and the Summary of the
> EIA must be provided in English and in the local language.   Instead of
> fully complying with this provision, the Draft EIA, which constitutes the
> main document for consideration of impact was provided only in English and
> not in the local language, Kannada, as required per law.  This despite many
> requests, including by way of mass representations, that this document must
> be provided in Kannada and to hold the Hearing only after this demand was
> complied.
>
>
>
> This act thereby constituted a major violation of the aforementioned
> provision and also prevented the affected communities in particular to be
> able to fully consider the details involved and provide their opinions
> fulfilling the principle of prior and informed consent.  To hold the
> Hearing, thereby, despite this major illegality also attacked the very
> fundamental principles of Right to Life and Livelihood, to equal and genuine
> participation in a statutory process and also of expression.
>
>
>
> In such a situation the DC had powers to postpone the Hearing in
> accordance with Section 3.3 of Annexure IV if the aforesaid Notification,
> which is as follows:
>
>
>
> "3.3       No postponement of the date, time, venue of the public hearing
> shall be undertaken, unless some untoward emergency situation occurs and
> only on the recommendation of the concerned District Magistrate the
> postponement shall be notified to the public through the same National and
> Regional vernacular dailies and also prominently displayed at all the
> identified offices by the concerned SPCB or Union Territory Pollution
> Control Committee;"
>
>
>
> Clearly then, the only option available to the Deputy Commissioner was to
> comply fully with the aforesaid provisions and call for a Hearing after the
> project proponent had supplied the requisite documents in local language
> also as required per law.  To continue to hold the Hearing despite this
> gross illegality and legal infirmity exposed the DC as engaging in
> fundamental violation of the basic tenets of the Constitution of India and
> the relevant law applicable to the conduct of Environmental Public Hearing
> process.
>
>
>
> Rather than accept this legal demand, the DC decided that it was up to him
> to decide that the Draft EIA need not be provided in the local language and
> thereby the Hearing would continue. He stated that there was precedence
> wherein documents had not been provided in the local language and the
> Hearing had been conducted by the Board, and that this was sufficient for
> him to consitute the process as legal.
>
>
>
>  There was total opposition to this position from everyone gathered. It
> was pointed out to the DC that to cite a precedence of previous illegallity
> as a reason to continue holding the hearing exposed him to fundamentally
> violating the law, and he was urged to not continue with the illegal
> Hearing.
>
>
>
> Soon after the DC engaged in a political game by inviting some former
> local elected persons in an effort to convince the people that the
> continuance of the process was in accordance with law.  But they were
> clearly shouted down by everyone present and the DC was urged to desist from
> abusing his power and engaging in such partisan behaviour.
>
>
>
> Protesting such partisan approach of the DC, he was told in clear terms
> that given that the Parliament of India was seized with the matter of SEZs
> in general, and that Karnataka was under President's Rule, it would be a
> major abrogation of the democratic traditions demanded for decision making
> to even consider moving ahead with the process of environmental decision
> making on the Mangalore SEZ when there were no elected bodies to represent
> the public. In addition, the Parliament had constituted various committees
> that had come out with important principles based on which decisions on
> SEZ's were to be taken, and none of which were being complied in the present
> instance.
>
>
>
> Once more repeated appeals were made to the DC to ensure full compliance
> with the EIA Notification and hold the Hearing only after the documents were
> available in Kannada as required per law.  It was once more stressed that to
> invite opinions of the affected public without providing information in a
> language they could understand is no consultation at all. Thereby, it was
> only reasonable for the DC to postpone the Hearing in accordance with
> Section 3.3. of Annexure IV of the EIA Notification 2006.
>
>
>
> Even though these arguments were forcefully and repeatedly made for quite
> some time, the DC unreasonably and illegally decided to continue with the
> process of the Hearing. He even stated that he would not in any circumstance
> postpone the Hearing.  This resulted in continuing forceful demands for
> postponement of the Hearing.
>
>
>
> At this instance the DC got up and declared the Hearing had ended and
> walked out.  He did not in any manner explain the legal grounds for such a
> decision.
>
> *
> Demands:*
>
>  In light of such turn of events and the eventual decision of the Deputy
> Commissioner to walk out of a Statutory Public Hearing in clear abrogation
> of his service rules and the applicable law, which constitutes a major
> attack on the fundamental right of the affected public to be heard based on
> the accepted principle of prior and informed consent, we demand that the DC
> must immediately announce by way of an executive order that the aforesaid
> Public Hearing has been postponed.  In upholding the law, the undersigned
> demand that the process of decision making on this project is deferred till
> such time democracy is fully restored in Karnataka and the project proponent
> and the Board is able to fulfil the provisions of the EIA Notification and
> other applicable law.
>
>
>
>
>
>
>
>
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>
>
> --
> Leo Saldanha
> Environment Support Group
> 105, East End B Main Road,
> Jayanagar 9th Block East,
> Bangalore 560069. INDIA
> Telefax: 91-80-26341977/26531339/26534364
> Email: leo at esgindia.org or esg at esgindia.org
> Web: www.esgindia.org
>
> *****
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