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Satluj environmental impact report still not complete, but Himachal continues granting clearance to more hydropower projects

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Luhri hydropower project in rampur

Shimla: As per the Scientific American – the leading and one of the oldest science and technology magazine of the United States of America, the country has decommissioned as well as removed at least 1,000 dams so far, and several others are under the process of decommissioning. The removal of dams is costing the US a gigantic amount of money, but still, it is taking the pain to do the needful.

The reason was simple – the adverse and irreversible environmental damages of these dams. The Hydropower Reform Coalition (HRC), a joint platform comprising of 150 environmental groups, had been advocating the removal of the dams due to their impacts on the environment including the aquatic life.

On the other hand, in the State of Himachal Pradesh, blessed with five perennial rivers including the longest Sutlej, in addition to already operational projects, the government is trying to sell over 700 projects by inviting private investors.

The government argues that hydropower projects have given the state economy a boost along with creating employment opportunities. After agriculture and tourism, hydropower is the biggest contributor towards the state economy. Moreover, hydropower is ecofriendly.

However, the government does not want to stop here and is targeting to harness 100 per cent of the total power generating capacity. During Congress government, it was officially stated that a hydropower potential of 27436 MW was identified in the state. The state was harnessing only 10351 MW.

During the tenure of the Congress government, Himachal had commissioned about 31 hydropower projects of 2067 MW capacity and had earned a revenue of Rs. 3345 crore from the sale of free and equity power.

The new Chief Minister Jai Ram Thakur, after coming into power, had said that the hydropower projects were facing difficulties in getting clearances. He had announced that all such hurdles would be removed under the new government. There were no words about the impact on the environment at all.

The environmental protection has never been a matter of concern for both Congress and Bhartiya Janata Party governments in the state. The leaders are completely visionless in this regard, which is why the environmental impacts of the hydroporjects remain absent from the list of major poll agendas.  

The latest project in making is the new venture of Satluj Jal Vidyut Nigam Limited (SJVNL); the Luhri Stage -I hydropower project (219 MW) on the last free-flowing stretch of the River Sutlej.

The environmental activists and groups are up in arms against the construction of more dams for the projects. The feedback from previous projects has shown that these projects did have an adverse effect. The project is proposed downstream of the 420 MW Rampur Project in Shimla and Kullu Districts.

Environmental group reaches the Expert Committee of Ministry of Environment

Raising objections to the granting of clearances to dams on the last free-flowing stretch of the Satluj River, the Himdhara Collective, an environmental group, recently sent a submission to the Expert Committee of Ministry of Environment demanding Cumulative Impact Assessment for individual projects on the Satluj river basin.

The committee, in its meeting to be held on August 28, 2018, is to consider the grant of Environment Clearance for SJVNL’s Luhri project. It’s the same project that was dropped after the SJVN faced resistance from the locals. Earlier, there was a proposal to construct a 750 MW project with a 35 km long tunnel in this stretch.

It was due to the objections of the local community that the massive tunnel will disturb the geology of the region, already prone to landslides that the project was dropped,

the submission said.

Instead, the HP government has now allocated three dams, namely, Luhri Stage I and Luhri stage II (163MW) and Sunni (355MW) in the same stretch. The key objection raised in the submission is that the committee instead of studying the overall impact of the three projects put together was looking at each project in a singular way.

70% of land granted for the project is forest area

The total land requirement for the three proposed projects is 654.02 hectares, which is twice the size of the land required for the earlier proposed 750 MW project. Considering 70% of the required land falls in the category of ‘forest’, this would lead to more deforestation in the Satluj River basin which has already faced severe forest diversion, erosion and slope de-stabilisation.

The move to build bumper to bumper dams on a single river basin is destructive and this is the reason why we have been saying that the Ministry of Environment should look at the cumulative impacts of the dams rather than for individual projects,

the environmental group stated in the submission.

The Govt denies reply to RTI seeking information on the CEIA Report

In 2013, on clear directions from the Ministry of Environment, the HP Directorate of Energy had commissioned Cumulative Environment Impact Assessment (CEIA) studies for all the major river basins of Himachal Pradesh. The process for Satluj river basin was initiated first in 2013. A series of public consultations were held in Pooh, Rekong Peo, Rampur where local communities and environmentalists had filed detailed objections.

The group said the DoE had even appointed an independent Panel of Environmental and Social Experts, which had submitted a damning report to the HP Government in 2015, raising that the state government was apathetic to the adverse impacts these projects had on the lives of local communities. However, since then, there has been complete silence on the CEIA study of Satluj river basin.

In 2017 we filed an RTI to the DoE seeking the final report, but the matter was transferred to the Union Ministry of Environment who did not respond despite appeal in the Central Information Commission. The matter is now pending in the Central Information Commission,

Himdhara members said in the submission.

For the last three years, the Expert Committee of the ministry has been according to clearances to hydro projects on the Satluj without even as much as mentioning the Cumulative Impact study that it itself had made mandatory to be conducted.

The CEIA should have a bearing on the decision to be taken in the Luhri I, II and Sunni HEP, else the exercise (CEIA of Satluj river basin) itself will be rendered meaningless given that, in the middle zone of the Satluj river basin this is the last and the only stretch of the free-flowing Satluj river.

the group said.

The group has demanded that the CEIA of Satluj river basin should be first finalized, and till then, all projects on the Satluj river basin must be put on hold. The issue of dam building in the Himalayas has also now become a major concern amongst mountain communities and environmentalists given the threat of disasters like cloudbursts floods and earthquakes to the lives and economy of the region.

However, the SJVNL terms these arguments as a non-sense saying there would be no tunnelling for the project. The company, like the centre and state governments, has as nothing to say about the CEIA report. Why is the government not finalizing the report and making it public if there is nothing wrong with the construction of the new projects?

Read Complete Submission

Environment

Govt Legitimizing and Legalizing Environmental Violations for Business by Amending EIA Rules: Activists  

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Himachal pradesh EIA Notification 2020 Amendments news

Shimla-While in statements, the politicians in power at the Centre and State Governments have been expressing concerns over environmental issues and ensuring the people that they are committed to protect and preserve the environment, the reality is contrary to it. The most recent evidence is the proposed 2020 draft amendments to the Environment Impact Assessment (EIA) Notification. With these amendments, the process of environmental assessment before granting permission to execute commercial projects, like hydropower projects in Himachal Pradesh, would be reduced to merely a formality.

Environmental activists and people’s organisations from across Himachal have written to the Union Ministry of Environment, Forests and Climate Change (MoEF&CC) to scrap the 2020 draft amendments to the Environment Impact Assessment (EIA) Notification proposed by it.

These activists and environmental protection groups are of the opinion that the EIA Notification, first issued in 1994 under the Environment Protection Act 1986, is a critical mechanism that regulates clearances granted to all kinds of development projects and economic activities in the country. It is one of the environmental decision-making processes that makes it mandatory for project developers to not just study the socio-economic, ecological and other impacts of a proposed project but also place them in front of the affected communities for their opinions and objections, thus, ensuring the process of a free, fair and informed consent. However, this notification has been amended and read down several times in the last two decades, in favour of ‘easing the norms’ for business. The latest draft continues to move in the direction of rendering the EIA process a mere formality. 

The submission made by HP groups states,

“In the context of the already vulnerable and sensitive Himalayan region, flouting of various provisions of even the present EIA notification has heavily impacted the local ecology and livelihoods of the people. The new amendments will only legitimize and legalize these violations and this will mean irreparable damage to the Himalayan ecosystem”. 

The key objections raised are around exemptions of a variety of projects from the mandatory  Public Consultation’ process as well as the dismantling of this process itself.

“The reduction of the time prior to public hearing from 30 to 20 days is also highly objectionable. In the given 30 day period itself, the information about Public hearings does not reach all the affected areas which are often spread out widely in case of mountains with some project-affected communities residing in remote and inaccessible terrains. Here accessing information takes a long time and reducing this time to 20 days will completely exclude such people from raising their grievances and suggestions in the public consultation. This is a clear attempt to block their participation in the environmental decision-making process”

said R.S Negi of Him Lok Jagriti Manch, Kinnaur. 

 

“It is shocking that the amendments include allowing post-facto clearance, which means that the project proponent can start work and before they have obtained environmental clearance. If the basic precautionary principle on which the EIA notifications is grounded is itself not followed it can lead to a disastrous situation for the ecology and local people. In this situation who is going to be responsible for the losses? If the project proponent is not in a position to pay for losses, will the MoEF&CC take the responsibility of losses? This provision will encourage project developers to bypass the process of environmental decision making. We absolutely oppose this amendment”,

said Prakash Bhandari of Himdhara Collective.  

The 2020 draft also dilutes the guidelines for monitoring and compliance of Environment conditions.

“Already the system of monitoring is weak, the conditions lose, the pollution control board and companies non-accountable, thus, leading to widespread destruction of local ecology and impacting health, lives, and livelihoods of project-affected communities. In the case of hydropower projects, for instance, the illegal and unmonitored dumping of muck along river beds, in forests and on common lands, has damaged pastures, disrupted the flow of the rivers, and caused massive disasters when floods occur. The proposed changes will give a free reign to those profiting from extractive and polluting projects,” 

according to Kulbhushan Upmanyu of Himalaya Bachao Samiti. 

It is ironic that on one hand, the global COVID crisis has thrown up several studies showing that pandemics like COVID emerge from ecological degradation and forest loss, and on the government is pushing for policy changes which will accentuate the environmental crisis that the country is already reeling under.  

“If the MoEF&CC wants to change the environmental laws, it should carry out countrywide regional consultations”,

added Uma Mahajan of Himachal Van Adhikar Manch.

The country, especially ecologically diverse yet climate-vulnerable regions like the Himalayas need a robust and strong environmental regulatory and governance regime that makes project proponents accountable and keeps the affected communities and ecological concerns at the centre of the EIA and environmental decision-making process. 

Notably, MoEF&CC had called for citizen’s comments before May 11 but this deadline was extended upto  June 30 and now August 11 as environmentalists and concerned groups expressed outrage that calling for public inputs on this critical law amidst the COVID led lockdown was unjustified. The MoEF&CC has in this period received thousands of objections highlighting the new draft as anti-people and environment.

The demand is to scrap these proposed amendments for the sake of the environment. 

Submission Made to Ministry of Environment, Forest and Climate Change by Activists and Organizations

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SC’s Forest Diversion Regulation a Blockade on Forest Rights Act Implementation in Himachal: Himdhara

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Supreme Court On Forest Diversion in Himachal Pradesh 2

ShimlaHimdhara Collective, a Himachal-based environment research and action group, has released a report on the implications of the regulation imposed by the Supreme Court on forest diversion under the Forest Rights Act 2006 in Himachal, through a series of orders passed last year. This brought to a screeching halt the implementation of Section 3(2) of the FRA which grants powers to gram sabhas and Divisional Forest Officers to divert upto 1 hectare of forest land for 13 types of village welfare activities like roads, schools, community centres, PDS shops etc. 

The court orders were based on the conclusions drawn by a Supreme Court Monitoring Committee, headed by a retired PCCF, V.P Mohan, that the diversions were leading to green felling and deforestation in the state. Initially, a stay was imposed on all green felling in the state (in a matter of forest diversions under FCA 1980 and FRA 2006) on 11th March 2019. This stay was partially relaxed but the Supreme court sought all FRA proposals to be brought before it for further diversion.

The report titled ‘Missing the forest for Trees’, assesses the ground reality behind the conclusions drawn by the Supreme Court Monitoring Committee based on which these diversions have been restricted.

“We have found that the Supreme court’s orders need to be reviewed because the alarm raised by the V.P Mohan committee with regard to FRA was a false one”,

stated authors of the report which is based on analysis of RTI information as well as field research.

RTI data sought from the Forest department for all cases under section 3(2) of the Forest Rights Act 2006 from 2014 to 2019 (up to January 2019), was analysed to reveal that 17237 trees were felled in an area of 887.56 hectares for 1959 activities in 41 of the 45 forest divisions of the state.

Roads, followed by schools and community centres dominate the type of activities carried out. Of the total land diverted 91% is for roads. It was found that almost 64% of these diversions showed ‘nil’ trees felled. The average number of trees felled per hectare is very low (19.52) and it may be induced that most activities have been carried out in areas with open forest or no trees.

Rohru (Shimla), Nachan(Mandi), Kinnaur and Chopal were some of the divisions which had a large number of diversions, again mostly for roads.

Case studies we carried out in Mandi and Kangra district showed the desperate need for amenities like village link roads and schools. In Himachal, there remain about 41% villages that have no road connectivity which affects access to health, education and market centres.

On the other hand, large development activities like four lane highways, hydropower projects and transmission lines, have had a much larger ecological footprint in terms of tree loss in the state compared to the very minute, incomparable diversions under FRA.

The report also finds that as far as green cover is concerned in the period corresponding to the high number of forest diversions under FRA (2015-2019), the forest survey of India’s statistics show a 333 sq.km increase in the forest cover.

Why development rights under FRA important for Himachal?

1.No Land available with revenue departments and panchayats for ‘welfare activities’ thus forest land only option

The report concludes that given the fact that 2/3rd of the geographical area of the state is recorded ‘forest area’ where strict forest laws have restricted non-forest use, the FRA provides relief for communities to access basic welfare facilities, which should be seen as their fundamental right and therefore should not be hindered.

2.Cumbersome, costly and lengthy process under FCA 1980

Before FRA it was the Forest Conservation Act, 1980 which governed forest diversion even for small local development activities. This required not only permission from the Central Government (MoEFCC Regional or Delhi Office) but also warranted that user agencies deposit funds (Net Present Value of trees) to carry out Compensatory Afforestation. The whole diversion process under FCA was cumbersome, lengthy and costly, and thus a major hurdle in providing the rural areas, especially remote areas, access to basic welfare development facilities.

 “The section 3(2) of the FRA provides relief for both governmental departments and local communities as it overrides the FCA and puts in place a simple and decentralized process for diversion”states the report.

3.FRA is meant to correct the problems that were posed by strict central forest laws

The Forest Rights Act was passed by the parliament of India in 2006 recognising that across the country there are lakhs of communities dependent on land which is legally categorised as ‘forest land’ and are unable to exercise their basic livelihood and development rights due to extremely strict forest laws. Under this act’s Section 3(1), forest-dependent communities can file claims for their individual and community rights exercised before the cut-off date of 13th December 2005.

“As it is Himachal has been sluggish with FRA implementation and only 136 titles have been issued under section 3(1). But atleast the government was proactive with the implementation of section 3(2). With the Supreme court orders regulating this provision, there seems to be an impression amongst the implementing agencies and officials that there is an over-all blockade on FRA in the state”

added members of the collective.

The report has recommended that the state government and nodal agency for the Act – the Central Ministry of Tribal Affairs, put forth the case in favour of section 3(2) of the FRA strongly in front of the Supreme Court and also move swiftly to ensure implementation of all provisions of this law in Himachal.  

 

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HP Govt Exempts Use of Plastic Straws Attached with Beverages for 6 Months

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Plastic straws in himachla pradesh

Shimla: The use of integrated plastic straws attached with tetra pack of beverages are exempted temporarily for a period of six months in Himachal Pradesh, informed a spokesperson of the state government on January 31, 2020.

He informed that the exemption would be a subject to the implementation of Action Plan submitted by M/s Tetra Pack India Pvt. Ltd., AARC under Extended Producer Responsibility.

During the relaxation period, the manufacturers and producers are to come out with an alternative to plastic straw, which is bio-degradable, he informed. A notification in this regard has been issued recently.

He said that other provisions of the notification issued by Department of Environment, Science and Technology of HP on September 20, 2019, which imposes complete ban on plastic cutlery such as spoons, bowls, katories, stirring sticks, forks, knives, straws made of plastic, would remain banned.

He said that this notification will come into force with immediate effect.

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