narambai:fishing village fights mnc

8/9/2019 Narambai:Fishing Village fights MNC

1/16

FISHING VILLAGEFIGHTS AGAINSTM.N.C

Narambai is a fishing villageoff the Bay of Bengal withinthe territorial limits of theUnion Territory of Pondicherry. There was anattempt to evacuate theentire village to set up anoffshore LPG plant from theirtraditional homes where theywere pursuing their

profession for centuries. The Congress Government led byV.Vaithialingam gave clearance to this project, which will hurt thefishing village. The Narambai fishing village Panchayat took upcudgels against this move which snow balled into a fight for finish toboth sides. We reproduce in verbatim a report from INDIAN EXPRESSdated 27.05.1995.

LPG PROJECT NEAR PONDY COAST-I

VILLAGERS WAKE UP TO ECO PROBLEMS, TOPROTEST

The residents of a cluster of villages in the Union Territory ofPondicherry are getting ready to take on a mega multi croreindustrial project which they fear will sound the death knell of notonly their livelihood, but also threaten their right to life. Whileenvironmental activists are jumping into the fray to stop thisproject, an encouraging sign is the manner in which theseuneducated villagers are arming themselves with simple technical

knowledge on what environmental and health hazards this projectmay pose for them.

The 30 crore project to be put by the Southern LPG Limited, involvesthe setting up of an offshore floating terminal for importing LPG,taking the gas to the shore through a pipeline and bottling it. A40,000 ton capacity LPG tanker will be stationed 2.8 kms off theshore of Narambai, a village 17 kms from Pondicherry. What thevillagers and the environmental activists assisting them question isthe clearance given to the project by the Ministry of Environment inviolation of Coastal Regulation Zone (CRZ) of the Environment

1


2/16

Protection Act of 1986. This stipulates that no petrochemicalcomplex or petroleum refinery including crude and petroleumproduct pipelines" should be allowed within 500 meters of the HighTide Line. But the project proposed itself says that activity will bewithin 300 meters of the high tide line.

Slowly Narambai is gaining the support of about 15 surroundingvillages in its fight. On Thursday, Narambai Panchayat headA.Chandrasekar and representatives of his and other villages met atNagamuthu Mariamman temple to voice their fears. Interestinglythe temple archaga not only played host, but also participated in thediscussion of the hazards this project will cause to the village whenthe only means of livelihood is fishing.

According to Chandrasekhar 43 acres of cultivable land has beenbought for the project in the heart of Narambai. "A year ago landsurvey was done, and four months ago when a huge ship came foranother survey, we sat up, started asking questions and came toknow about this project.

Defending the project Southern LPG General ManagerK.Shanmugasundaram said in a country which is short of LPG, thisis a beneficial venture. Those objecting to it are ignorant and do notknow that we are taking all safety measures. The LPG will be takenfrom the ship through submarine pipelines and the bottling unit willbe located on the shore. The project should go on stream in four

months time.

About CRZ, he said We are not violating any regulation and the lawallows such activity beyond 200 meters from the High Tide Line incases where the activity requires a water front and foreshorefacilities.

But Kishore Vangul, head of the Enviro Legal Cell of the CPREnvironment Education Center, a center for excellence of theMinistry of environment points out that even though the CRZregulations allow relaxation in such issues' several other parameters

from Environment Impact assessment notification has to besatisfied. These relate to human settlements and displacement ofpopulation. The project report has falsely stated that the project isaway from major human settlements and there will be nodisplacement of the population.

Time and again the Supreme Court has come to the rescue ofpeople when there is a threat to right to life and livelihood and boththese dangers are very real in this case. The project proposal says150 people will be given jobs. But for this, is it right to take away

the livelihood of thousands of people?

2


3/16

Director of The CPR Center, Nandita Krishna said We will firstappeal to the company as well as the Ministry to have a reappraisalof the project. If this does not work we will help the people of theregion to go to Court, but only as a last resort."

The Environment Ministry cleared the project on January 19, 1995but subject to certain conditions. One of these is that "adequatedistance should be kept from the Narambai village in consultationwith the Chief Controller of Explosives." It has also said for "safetyreasons the tanker should be moved to high seas on receiving stormwarnings and a study should be done on the long term impact of theproject on fishing activities and its report submitted to this ministrywithin a year". But one wonders whether the Ministry should ask forsuch an assurance after clearing a project?

Environmental Hazards of LPG Project-Part II

KNOWLEDGE IS POWER,DISCOVER THE PEOPLE OF NARAMBAI

When a journalist goes to a fishing village to write about theconcern of the local people against the ecological threats posed tothem by a massive LPG project to come up at Narambai village inthe Union territory of Pondicherry, the last thing she expects to findthere is local youth voicing his concern about environmental

degradation in the place by reeling off acronyms like the EPA orCRZ.

But then Ramachandran( name fictitious as he had applied forgovernment job ) though he belongs to the toddy tappingcommunity of Pillayarkuppam has done his M.Sc in EnvironmentalScience from the Center for Pollution Control and Bio Waste Energyof Pondicherry University.

"Already there are 7 chemical industries within a radius of onekilometer from here, and the Pondicherry Papers is discharging its

effluents into the sea. During the last three years tube wells up to15 meters depth have been polluted by these chemical units. For 5years we had severe problems in getting potable water and onlyafter several representations has the Pondicherry Governmenttaken steps to provide us water during the last 3 months. Though noepidemiological studies have been made to assess the medicalproblems caused by these chemical industries, in the evenings thearea is completely under smoke.

"LPG is highly inflammable and the slightest accident might wipeout villages. And in a water starved area from where they will get

3


4/16

water to fight any fire which may break out" he asks. (The clearancegranted by the Ministry of Environment to the project clearlystipulates that "No wells should be dug for drawing fresh water fromthe ground."

While there is such knowledgeable Ramachandiran there arethousands of illiterate villagers in the area. And yet the way theyhave armed themselves with simple technical knowledge about theproposed LPG project is amazing. Narambai Panchayat PresidentA.Chandraseksar says As most of us are illiterates, there are only 3graduates in our village, we went to Pondicherry and with the helpof some sympathetic people in the Pondicherry Pollution ControlBoard, educated ourselves about the adverse effects of this project.After understanding the issue, last fortnight we submitted arepresentation to the board protesting against the project. But asnothing has come of it we will now meet the PondicherryLt.Governor Rajendra Kumari Bajpayee.

What has disappointed him most is that their detailedrepresentation made to the Chief Justice of India on January 1, 1995appealing for Supreme Courts intervention in the matter has noteven got an acknowledgment. The people of the adjoining fishingvillages Pudukuppam and Pannithittu have also joined the struggleand a joint line of action has been charted out to include a dharna,hunger strike, rasta roko etc.

Says Youth President of the Panchayat Velayuthan When a singlegas cylinder explodes in a house how many people die? Here we aretalking about 40,000 tons of LPG. When out on the sea, most of ussmoke and one lighted beedi carelessly thrown can cause fire todestroy lives and property.

Adds Panchayat Vice President V.Jayabalan If we go anywhere nearthe LPG terminal our nets will get entangled in those pipes and wecan't afford to lose a net which costs around Rs 10,000.

Chandrasekar raises a more valid point. During the last few years

all kinds of chemical units have cropped up in this region andpolluted our water resources. And the Pondicherry Paper Milldischarges its effluent through a pipeline into the sea. Already someof us have lost our nets when got entangled with those pipes. Whenthe mill came up in the late 1970's, we did not envisage thisproblem. With chemically polluted water our children are constantlysuffering from dysentery, cholera and skin diseases. And we do notknow what other problems our future generations may face."

Dispelling the fishermen's fears about their nets

Mr.Shanmugasundaram from Southern LPG said As our pipeline will

4


5/16

be embedded in the sea, there is no danger to the nets. If there isneed we will also help them with their fishing activity."

While villagers are on warpath and the company spokesperson saysthat all necessary precautions have been taken for this first of its

kind project in India, it remains to be seen whether public hearing tobe organized by the CPR environment center which hopes to involvethe National Human Rights Commission will have the desiredimpact.

News filed by Ms.Rasheeda Bhagat.

Dravida Ilaignar Peravai intervenes

While this issue was heating up no political party came forward to

address to the concerns of the villagers. The Secretary of NarambaiVillage Panchayat Mr.A.Kanagasabai and Treasurer Mahalingam metDravida Ilaignar Peravai Convener and sought his support.

Dravida Ilaignar Peravai, a forum for uniting youth caught betweenvarious Dravidian political outfits had made its appearance in May1994 at the Pondicherry political scene.

Former Minister G.Viswanathan M.A.B.L Ex M.P, currently theChancellor of Vellore Institute of Technology presided, FormerMinisters Azhagu Thirunavukkarasu and S.R.Radha, withL.Ilayaperumal Ex M.P on stage, Dravida Ilaignar Peravai waslaunched. N.Nandhivarman, a life long DMK activist who was on a 15year self imposed political exile was called upon to undertake thetask of uniting the youth.

5


6/16

The association of Dravida Ilaignar Peravai with NarambaiFishermen Panchayat grew day by day cementing an everlastingbond of comradeship. In the ultimate success of the peoplesstruggle the role of two journalists must be recorded with gratitude.

They are T.Manivannan of The Indian Express and M.Ramachandiranof Dinamani Tamil daily. Mr.T.Manivannan is currently the BureauChief of Tamil News at BBC London. Dravida Ilaignar Peravaireleased an unpublished report of an expert study about which areport by T.Manivannan in The Indian Express is reproduced here.

RAPID INDUSTRIALIZATION AT THE COST OF CLEANENVIRONMENT?

Report in The Indian Express- 16.1.1996 by T.Manivannan

The Pondicherry Government may boast about rapid growth inindustries in Pondicherry region in the past decade, but theachievement instead of improving the quality of life of the citizens,has only made life miserable for the people at length in the heavilyindustrialized Kirumampakkam area of Bahour commune.

Industrial pollution in the Kirumampakkam area, which has been themost talked about subject in lay circles in past few years and morehas now been confined by the findings of an expert study sponsored

by the Government itself which is however predictably gatheringdust somewhere in the bureaucratic cupboards.

Air, water, land as well as the biotic environment of Pillayarkuppam-Kirumampakkam area have already become grossly polluted withthe pollution levels exceeding the parameters set by the regulatoryagencies, the hitherto unpublished interim report of a study by theCenter for Pollution Control and Bio Waste Energy of ThePondicherry University has revealed.

The Environment Impact and Sustainability studies inPillayarkuppam-Kirumampakkam areas as the study has been calledcommissioned by the Government of Pondicherry at the height ofcriticism from the public on the degradation of the environment inthe area, is yet to be over but the interim report itself submitted tothe Government in 1994 is devastating.

Air in Kirumampakkam which lies on the Pondicherry-Cuddalore roadis unclean and falls below the standards of air quality prescribed bythe regulatory agencies like Central Pollution Control Board and theDepartment of Science&Technology and Environment of Pondicherry

6


7/16

Government, the report has stated. In the samplings obtainedduring 1800 hours of eight hour exercises over a period of fivemonths, it was found that all the samples taken in the sensitive area(a primary school) from winter to summer indicated air pollution.Even in the PIPDIC Industrial Estate where being an industrial area,

much more liberal standards of air quality are applicable than in theresidential and sensitive areas, as many as 86 percent of thesamples taken in a particular month were polluted.

The samples collected in residential areas also revealed extensivepollution. While in one residential site 80 percent of the samplestaken in a month indicated air pollution. in a second site 60 percentof the samples were found to be of unacceptable air quality.

The study states that none of the areas sampled in thePillayarkuppam-Kirumampakkam is free from air pollution, and insome months, the pollution is so damagingly persistent that the airis harmful most of the time.

The report notes that all through the study by a coincidence theatmospheric stability was never at its worst possible.: In situationsuch as during heavy cloud cover when the stability will be morethan during our studies, the concentrations of the air pollutants arelikely to be higher and more persistent and their impact on theenvironment is likely to be more severe, it warns........ (To beconcluded)

Industrialization and Environment II

WATER SCENARIO TAKES ALARMING PROPORTIONS

Report in 18.1.1996 The Indian Express by T.Manivannan

While the air quality in the industrialized Kirumampakkam-Pillayarkuppam areas has been found to be polluted, the waterenvironment scenario is most alarming.

A combination of excessive ground water withdrawal by industriesand pollution of the aquifers due to letting out industrial effluentshas wrought havoc on the drinking water front in the villages aroundKirumampakkam, the Environment Impact assessment conductedby the Center for Pollution Control and Bio Waste Energy of thePondicherry University has revealed.

The samples taken during a three month period had electricalconductivity above the drinking water standards, in a majority ofcases several times higher. The Total Dissolved Solids also were

7


8/16

above the permissible limits. Alkalinity, hardness, sulphate, BOD,phosphorous etc were also too high in all but a few samples.

The study states that the pollution of the water environment mightbe due to heavy withdrawal of ground water leading to salinity

intrusion and pollution of aquifers due to industrial effluents. Barelyeleven years ago, were many of the now salinised wells usableaccording to the report. After the establishment of the industriesduring the 1980's and consequent spurt in ground water extraction,the salinity intrusion began and in a few years several well hadbecome saline.

Aggravating this seriously was the pollution caused by industries byway of effluents discharged in ponds and on land and run off fromthe solid waste dumps. These have polluted surface water bodieswhich being rain fed should not otherwise have become saline. Theground water also has been polluted by infiltration of theseeffluents. The study using statistical analysis of water quality dataconcludes that the ponds and underground aquifers keep receivingwaste waters of varying characteristics and concentrations due toindustrial inputs.

More alarming is the finding that water samples taken from theseareas contained excessive concentrations of toxic elements such asarsenic and mercury. Mercury was found in concentrations 16 to 38times higher than the permissible limit in all the samples analyzed

for heavy metals wherever arsenic was found to be crossing thepermissible levels in 50 percent of the cases. the report states.

What has been the impact of such pollution on agriculture? Theinterim report has painted a rather grim picture of the situation in aseparate chapter. Agriculture which was the favored occupation ofthe villagers till a couple of decades ago has with the advent ofsmall scale industries suffered a slight set back. to gradually worsenthereafter, the report says. Paddy yield has dwindled to half of theyield of the pre industrialization years, rice quality had come downsave in Babour area, some paddy fields have become completely

useless for agriculture forcing the farmers to switch to casuarinasplantations. In the fields where casuarinas plantation was going onfor several years, the yield and profit has been reduced to nearlyone third of the past years. Cultivation of ragi and millets has beencompletely stopped because of lack of water. The number of pods ingroundnut crops has also shrunk considerably compared to the past,the report says.

Solid waste dumps piled across the villages are not only a majorenvironmental hazard but also objectionable from purely a civic

point of view because they are either dumped on government land

8


9/16

or private property. The run off from solid waste during rains alsopollute the surface water and the percolation wells dug by the localbodies to collect water during the rainy season. Solid waste alsocontaminates the nearby vegetation and when cattle graze on suchvegetation the pollutants contaminate them and through them

reach humans. The impact of the pollutants is particularly severe onchildren, the report states.

In its interim recommendations the study calls for a ban on newindustries that has gaseous, aqueous or solid emissions to come upin the area. No permission should be granted for capacity expansionto any such industry unless strong and swift steps are taken forbringing down pollutant emission levels and restoring the water andland environments.

Only non polluting industries may be permitted as of now. In orderto bring down the air and water pollution levels in the area, it isimperative that pollution control; measures thus far adopted byeach of the industries are reviewed and suitably upgraded, thestudy states.

The government which received the interim report in September1994 is yet to make it public or even place it in the Assembly.

Criticizing this N.Nandhivarman an environmental activistconcentrating on green issues said "allocating money for a study...

to escape from criticism and keep even interim reports as sensitivestate secrets does not augur well for an open society, enclosing acopy of the Interim Report to the National Human RightsCommission Nandhivarman wanted the commission to direct theMinistry of Environment and Forests to withdraw The delegation ofpowers conferred on the Pondicherry Pollution Control Committee in1992 and confer it on the Central Pollution Control Board.[Concluded]

THEN A WRIT WAS FILED IN HIGH COURT OF

MADRAS JOINTLY BY NARAMBAI VILLAGEPANCHAYAT AND DRAVIDA PERAVAI

9


10/16

The other background story on environmental issues is given below:

CALL FOR WATER SURVEY

A call to conduct immediately water surveys and preparation ofwater budgets every year in Pondicherry was made by the DravidaIlaignar Peravai Convener N.Nandhivarman here on Saturday. In astatement here, Nandhivarman pointed out that while in the rest ofthe country the surveys are over, the territories of Pondicherry,Daman, Diu, Dadra and Nagar Haveli were yet to institute surveyunder the aegis of the Rajiv Gandhi National Drinking Water mission.Stating that while the ground water position was becoming moreand more problematic in Pondicherry the over mining of water,Nandhivarman said the surface water position also has becomeprecarious due to encroachments in tanks and canals.

10


11/16

Criticizing the Government for allowing industries to tap groundwater in abundant quantity, Nandhivarman cited the instance of adrug manufacturing unit in Kalapet now mining water to the tune of3 lakh liters per day from a well earlier capped by the Pondicherry

government. Suggesting the constitution of committees comprisingenvironmentalists, local people, political representatives andhydrologists to visit industries and submit a Report to theGovernment for acting against various water consumptiveindustries. Nandhivarman also demanded check posts and specialsquads to prevent water smuggling by tankers to areas outsidePondicherry.

[The Indian Express and Dinamani of January 14-1996]

GOVERNMENT KEEPING ECO PANELS DEFUNCTPondicherry Government was accused of keeping the twoenvironmental bodies, The Environment Council and PondicherryState environment Committee defunct thorough the years andclearing the applications for licenses by polluting industries. TheDravida Ilaignar Peravai Convener N.Nandhivarman in a letter to theLt.Governor demanded freezing of clearances for pollutingindustries and also a probe into clearances given so far. In ascathing attack on the government towards preservingenvironment, Nandhivarman pointed out that the two government

panels, the Environment Council constituted in 1987 and laterreconstituted as Environment Protection Council in 1990 and thePondicherry State Environment Committee created in 1989 have notbeen functioning since their inception. The Department of Science Technology and environment is bereft of powers which is whyclearances to polluting industries that can grease the palms are onthe increase and with elections round the corner clearances areavailable to anyone who can manage the government. TheEnvironment Council should have met twice or thrice a year but ithas not been meeting at all these days, he said adding the Councilhad been kept under cold storage. He also demanded a white paperby the Ministry of environments into the functioning or nonfunctioning of the council as well as the Committee.

[The Indian Express- January 7- 1996]

NARAMBAI STRUGGLE BECOMES ELECTION ISSUE

The issue was made an election issue, Dravida Ilaignar Peravai,meanwhile was renamed as Dravida Peravai. It extended support tothe DMK led Alliance in the polls to the Assembly. On the eve of

11


12/16

elections the Congress Chief Minister V.Vaithialingam promised theNarambai villagers that his Government will not and had not givenNo objection Certificate for the proposed LPG plant which willultimately result in entire village being evacuated. Before the ChiefMinister reached the village for his campaign, over night Dravida

Peravai and Indian National League had scanned the official filesignatures of the No objection Certificate and distributed inpamphlets.

Thus the Chief Minister's false promises were exposed. In thatelection the Indian National Congress candidate lost. The newlyformed Tamil Maanila Congress won the Bahour seat. DravidaPeravai never contests. The Union Government meanwhilecancelled its clearance, thus yielding to peoples struggle.

12


13/16

LEGAL BATTLE: UNION GOVERNMENT WITHDRAWSCLEARANCE: HIGH COURT DISMISSES PETITION

[Meanwhile a writ petition jointly by the Narambai Fishermen VillagePanchayat and Dravida Peravai was filed at the High Court ofMadras. Environmental Lawyers T.Mohan and Ms.Devika Mohanargued these cases on behalf of the petitioners. But the writ waslost.W.P.14328 of 1996 and W.M.P No.19538 of 1996 before theBench comprising Honorable K.A.SWAMI, Chief Justice andHonorable Justice Kanakaraj was dismissed on 7.03.1997Dismissing as anfractuous the writ petition and dismissed W.M.P asstated within"]

ORDER OF THE COURT MADE BY THE HON'BLE CHIEFJUSTICE

In This petition under article 226 of the Constitution, the petitionerhas sought for quashing the letter no.J-11012/31-94-1A.II{I] date 19.01.1995 issued by the first respondent granting environmentclearance for starting LPG bottling project.

Several grounds are raised in support of the relief sought for.However it is not necessary to go into the merits of these

contentions having regard to the fact that Central Government hasnow withdrawn the environment clearance given and has held thatthe project cannot take place in the site proposed in respect ofwhich the clearance was given. The communication is dated 15 thMay 1996 and is issued by the Ministry of Environment and Forestsbearing No J-11012/31/94-IA.II{I} which reads thus;

Subject: LPG facilities near Narambai village Pondicherry-environmental clearance regarding

Sir

This is in continuation of letter of even number dated 16 th August1995 on the above subject. The proposal has been reexamined. Theentire proposal of LPG terminal facilities comprises the followingthree components.

i] 40,000 tons of capacity floating storage {off-shore}

ii} Laying of pipe line for transfer of LPG from mother vessel to onshore terminal.

13


14/16

iii} Creation of on shore terminal {pressurized storage of LPG andbottling plant including infrastructural facilities.}

The proposed on shore facilities are falling within 500 meters of theHTL and as per provisions of CRZ notification No.S.O 114 E dated 19

th February 1991 location of such facilities within Coastal RegulationZone is a prohibited activity. In view of the above it is not possibleto accord clearance to the project in the present form fromenvironmental angle.

3. Thus the fourth respondent cannot now establish the LPG bottlingplant at the place for which clearance had already been granted, asthe clearance has now been withdrawn. In addition to that, thefourth respondent in paragraph 3 of his counter affidavit has statedthus.

" I submit that the above writ petition has become infractous and isliable to be dismissed on the sole ground that the first respondenthas since withdrawn their approval granted in letter No.J/11012/31/94 I a dated 15.05.1996, pursuant to the orders of theHon'ble Supreme Court of India not to locate any industrial unitwithin 500 meters of the High tide Line. As the company's project asoriginally envisaged and cleared by the Government of India fellwithin the Coastal regulation Zone of 500 meters from HTL, theGovernment revoked its earlier approval. Hence the question ofquashing the aforesaid approval does not arise.

4. On reading of the letter dated 15 th May 1996 issued by theMinistry of environment and Forests, it is clear that the earlierclearance granted for establishing the LPG bottling plant within 500meters of the HTL has been withdrawn on the ground that the sameis prohibited by CRZ Notification No S,0 114 E dated 19.02.1991.Consequently fourth respondent cannot at all establish the LPGbottling plant at the site already proposed to establish.

5. That being so, this writ petition has become infractuous. It isaccordingly disposed of subject to the aforesaid finding recorded by

us that the 4 th respondent cannot at all establish the plant at theplace in question.

6. as far as the other objections raised by the petitioner areconcerned, the same are left open and it is open to the petitioner toraise the same as and when it becomes necessary. No costs.

7. W.M.P no 19538 of 1996 is dismissed

FISHERMEN DRIVE AWAY SURVEY VESSEL

14


15/16

With The High Court of Madras passing this order the setting up ofLPG unit must have been laid to rest. But it is not so. Emissarieswere sent to N.Nandhivarman to persuade him and use him topacify the Narambai villagers. A former MLA of Tamil Nadu called

him to a Star Hotel in Pondicherry and tried his best. I have foughtagainst LPG plant when Congress government backed it, now howcan I withdraw just because DMK Coalition had come to power"Nandhivarman retarded. Then one fine morning when fishermenwoke up for the day, the found new vessels near their villagesurveying. This was on May 8 th 1997, two months after the HighCourt judgment. The infuriated villagers took their catamarans andboats went racing to the vessel. The officials who had come tosurvey on behalf of the LPG plant sponsors fled from the scene. Thisheroic struggle is recoded by Dinamani Tamil Daily on May10. 1997.

15


16/16

The struggle ended in success. First time inIndia a fishermen village succeeded indriving a multi national company out of itssoil. This success of an indigenouscommunity is an epoch making one. Amongthe leading figures of the NarambaiFishermen Panchayat Mr.A.Kanagasabai,Mr.A.Baskar and Mr.Mahalingam remainever grateful for the services rendered byDravida Peravai. Narambai Mahalingamremains Treasurer of Dravida Peravai.

Narambai Kanagasabai joined government service. The village lifecontinues with tsunami visiting them. Once again they fought thefury of Nature.

16

narambai:fishing village fights mnc

Documents