LPG PROJECT NEAR PONDY COAST-I

VILLAGERS WAKE UP TO ECO PROBLEMS, TO PROTEST

The residents of a cluster of villages in the Union Territory of Pondicherry are getting ready to take on a mega multi crore industrial project which they fear will sound the death knell of not only their livelihood, but also threaten their right to life. While environmental activists are jumping into the fray to stop this project, an encouraging sign is the manner in which these uneducated villagers are arming themselves with simple technical knowledge on what environmental and health hazards this project may pose for them.

The 30 crore project to be put by the Southern LPG Limited, involves the setting up of an offshore floating terminal for importing LPG, taking the gas to the shore through a pipeline and bottling it. A 40,000 ton capacity LPG tanker will be stationed 2.8 kms off the shore of Narambai, a village 17 kms from Pondicherry. What the villagers and the environmental activists assisting them question is the clearance given to the project by the Ministry of Environment in violation of Coastal Regulation Zone( CRZ) of the Environment Protection Act of 1986. This stipulates that " no petrochemical complex or petroleum refinery including crude and petroleum product pipelines" should be allowed within 500 meters of the High Tide Line. But the project proposed itself says that activity will be within 300 meters of the high tide line.

Slowly Narambai is gaining the support of about 15 surrounding villages in its fight. On Thursday, Narambai Panchayat head A.Chandrasekar and representatives of his and other villages met at Nagamuthu Mariamman temple to voice their fears. Interestingly the temple archaga not only played host, but also participated in the discussion of the hazards this project will cause to the village when the only means of livelihood is fishing.

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

Defending the project Southern LPG General Manager K.Shanmugasundaram said " in a country which is short of LPG, this is a beneficial venture. Those objecting to it are ignorant and do not know that we are taking all safety measures. The LPG will be taken from the ship through submarine pipelines and the bottling unit will be 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 law allows such activity beyond 200 meters from the High Tide Line in cases where the activity requires a water front and foreshore facilities.

But Kishore Vangul, head of the Enviro Legal Cell of the CPR Environment Education Center, a center for excellence of the Ministry of environment points out that even though the CRZ regulations allow relaxation in such issues' several other parameters from Environment Impact assessment notification has to be satisfied. These relate to human settlements and displacement of population. The project report has falsely stated that the project is away from major human settlements and there will be no displacement of the population. Time and again the Supreme Court has come to the rescue of people when there is a threat to right to life and livelihood and both these dangers are very real in this case. the project proposal says 150 people will be given jobs. But for this, is it right to take away the livelihood of thousands of people ?

Director of The CPR Center, Nandita Krishna said " We will first appeal to the company as well as the Ministry to have a reappraisal of the project. if this does not work we will help the people of the region to go to Court, but only as a last resort."

The Environment Ministry cleared the project on January 19, 1995 but subject to certain conditions. one of these is that "adequate distance should be kept from the Narambai village in consultation with the Chief Controller of Explosives." It has also said for "safety reasons the tanker should be moved to high seas on receiving storm warnings and a study should be done on the long term impact of the project on fishing activities and its report submitted to this ministry within a year". But one wonders whether the Ministry should ask for such 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 the concern of the local people against the ecological threats posed to them by a massive LPG project to come up at Narambai village in the Union territory of Pondicherry, the last thing she expects to find there is local youth voicing his concern about environmental degradation in the place by reeling off acronyms like the EPA or CRZ.

But then Ramachandran( name fictitious as he had applied for government job ) though he belongs to the toddy tapping community of Pillayarkuppam has done his M.Sc in Environmental Science from the Center for Pollution Control and Bio Waste Energy of Pondicherry University.

"Already there are 7 chemical industries within a radius of one kilometer from here, and the Pondicherry Papers is discharging its effluents into the sea. During the last three years tube wells up to 15 meters depth have been polluted by these chemical units. For 5 years we had severe problems in getting potable water and only after several representations has the Pondicherry Government taken steps to provide us water during the last 3 months. Though no epidemiological studies have been made to assess the medical problems caused by these chemical industries, in the evenings the area is completely under smoke.

"LPG is highly inflammable and the slightest accident might wipe out villages. And in a water starved area from where they will get water to fight any fire which may break out" he asks.( The clearance granted by the Ministry of Environment to the project clearly stipulates that "No wells should be dug for drawing fresh water from the ground."

While there is such knowledgeable Ramachandiran there are thousands of illiterate villagers in the area. And yet the way they have armed themselves with simple technical knowledge about the proposed LPG project is amazing. Narambai Panchayat President A.Chandraseksar says " As most of us are illiterates, there are only 3 graduates in our village, we went to Pondicherry and with the help of some sympathetic people in the Pondicherry Pollution Control Board, educated ourselves about the adverse effects of this project. After understanding the issue, last fortnight we submitted a representation to the board protesting against the project. But as nothing has come of it we will now meet the Pondicherry Lt.Governor Rajendra Kumari Bajpayee.

What has disappointed him most is that their detailed representation made to the Chief Justice of India on January 1, 1995 appealing for Supreme Courts intervention in the matter has not even got an acknowledgment. The people of the adjoining fishing villages Pudukuppam and Pannithittu have also joined the struggle and 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 single gas cylinder explodes in a house how many people die ? Here we are talking about 40,000 tons of LPG. When out on the sea, most of us smoke and one lighted beedi carelessly thrown can cause fire to destroy lives and property.

Adds Panchayat Vice President V.Jayabalan " If we go anywhere near the LPG terminal our nets will get entangled in those pipes and we can'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 and polluted our water resources. And the Pondicherry Paper Mill discharges its effluent through a pipeline into the sea. Already some of us have lost our nets when got entangled with those pipes. When the mill came up in the late 1970's, we did not envisage this problem. With chemically polluted water our children are constantly suffering from dysentery, cholera and skin diseases. and we do not know 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 be embedded in the sea, there is no danger to the nets. If there is need we will also help them with their fishing activity."

While villagers are on warpath and the company spokesperson says that all necessary precautions have been taken for this first of its kind project in India, it remains to be seen whether public hearing to be organized by the CPR environment center which hopes to involve the National Human Rights Commission will have the desired impact.

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 Narambai Village Panchayat Mr.A.Kanagasabai and Treasurer Mahalingam met Dravida Ilaignar Peravai Convener and sought his support.

Dravida Ilaignar Peravai, a forum for uniting youth caught between various Dravidian political outfits had made its appearance in May 1994 at the Pondicherry political scene.

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

The association of Dravida Ilaignar Peravai with Narambai Fishermen Panchayat grew day by day cementing an everlasting bond of comradeship. In the ultimate success of the peoples struggle the role of two journalists must be recorded with gratitude. They are T.Manivannan of The Indian Express and M.Ramachandiran of Dinamani Tamil daily. Mr.T.Manivannan is currently the Bureau Chief of Tamil News at BBC London. Dravida Ilaignar Peravai released an unpublished report of an expert study about which a report by T.Manivannan in The Indian Express is reproduced here.

RAPID INDUSTRIALIZATION AT THE COST OF CLEAN ENVIRONMENT ?

Report in The IndianExpress- 16.1.1996 by T.Manivannan

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

Industrial pollution in the Kirumampakkam area, which has been the most talked about subject in lay circles in past few years and more has now been confined by the findings of an expert study sponsored by the Government itself which is however predictably gathering dust somewhere in the bureaucratic cupboards.

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

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

Air in Kirumampakkam which lies on the Pondicherry-Cuddalore road is unclean and falls below the standards of air quality prescribed by the regulatory agencies like Central Pollution Control Board and the Department of Science&Technology and Environment of Pondicherry Government, the report has stated. In the samplings obtained during 1800 hours of eight hour exercises over a period of five months, 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 the residential and sensitive areas, as many as 86 percent of the samples taken in a particular month were polluted.

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

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

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

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 water environment scenario is most alarming.

A combination of excessive ground water withdrawal by industries and pollution of the aquifers due to letting out industrial effluents has wrought havoc on the drinking water front in the villages around Kirumampakkam, the Environment Impact assessment conducted by the Center for Pollution Control and Bio Waste Energy of the Pondicherry University has revealed.

The samples taken during a three month period had electrical conductivity above the drinking water standards, in a majority of cases several times higher. The Total Dissolved Solids also were 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 might be due to heavy withdrawal of ground water leading to salinity intrusion and pollution of aquifers due to industrial effluents. Barely eleven years ago, many of the now salinised wells were usable according to the report. After the establishment of the industries during the 1980's and consequent spurt in ground water extraction, the salinity intrusion began and in a few years several well had become saline.

Aggravating this seriously was the pollution caused by industries by way of effluents discharged in ponds and on land and run off from the solid waste dumps. These have polluted surface water bodies which being rain fed should not otherwise have become saline. The ground water also have been polluted by infiltration of these effluents. The study using statistical analysis of water quality data, concludes that the ponds and underground aquifers keep receiving waste waters of varying characteristics and concentrations due to industrial inputs.

More alarming is the finding that water samples taken from these areas contained excessive concentrations of toxic elements such as arsenic and mercury.Mercury was found in concentrations 16 to 38 times higher than the permissible limit in all the samples analyzed for heavy metals wherever arsenic was found to be crossing the permissible levels in 50 percent of the cases., the report states.

What has been the impact of such pollution on agriculture? The interim report has painted a rather grim picture of the situation in a separate chapter.Agriculture which was the favored occupation of the villagers till a couple of decades ago, has with the advent of small scale industries suffered a slight set back. to gradually worsen thereafter, the report says.Paddy yield has dwindled to half of the yield of the pre industrialisation years, rice quality had come down save in Babour area, some paddy fields have become completely useless for agriculture forcing the farmers to switch to casuarina plantations.In the fields where casuarina plantation was going on for several years, the yield and profit has been reduced to nearly one third of the past years. Cultivation of ragi and millets has been completely stopped because of lack of water. The number of pods in groundnut crops has also shrunk considerably compared to the past, the report says.

Solid waste dumps piled across the villages are not only a major environmental hazard but also objectionable from purely a civic point of view because they are either dumped on government land or private property. The run off from solid waste during rains also pollute the surface water and the percolation wells dug by the local bodies to collect water during the rainy season. Solid waste also contaminates the nearby vegetation and when cattle grazes on such vegetation the pollutants contaminate them and through them reach humans. The impact of the pollutants is particularly severe on children, the report states.

In its interim recommendations the study calls for a ban on new industries that has gaseous, aqueous or solid emissions to come up in the area. No permission should be granted for capacity expansion to any such industry unless strong and swift steps are taken for bringing down pollutant emission levels and restoring the water and land environments. only non polluting industries may be permitted as of now. In order to bring down the air and water pollution levels in the area, it is imperative that pollution contro; measures thus far adopted by each of the industries are reviewed and suitably upgraded, the study states.

The government which received the interim report in September 1994, is yet to make it public or even place it in the Assembly.Criticising this N.Nandhivarman an environmental activist concentrating on green issues said "allocating money for a study... to escape from crticism and keep even interim reports as sensitive state secrets does not augur well for an open society. enclosing a copy of the Interim Report to the National Human Rights Commission Nandhivarman wanted the commission to direct the Ministry of Environment and Forests to withdraw The delegation of powers conferred on the Pondicherry Pollution Control Committee in 1992 and confer it on the Central Pollution Control Board. [Concluded]

THEN A WRIT WAS FILED IN HIGH COURT OF MADRAS JOINTLY BY NARAMBAI VILLAGE PANCHAYAT AND DRAVIDA PERAVAI

The other background story on environmental issues are given below:

CALL FOR WATER SURVEY

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

Criticizing the Government for allowing industries to tap ground water in abundant quantity, Nandhivarman cited the instance of a drug manufacturing unit in Kalapet now mining water to the tune of 3 lakh liters per day from a well earlier capped by the Pondicherry government. Suggesting the constitution of committees comprising environmentalists,local people, political representatives and hydrologists to visit industries and submit a Report to the Government for acting against various water consumiptive industries. Nandhivarman also demanded checkposts and special squads to prevent water smuggling by tankers to areas outside Pondicherry.

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

GOVERNMENT KEEPING ECO PANELS DEFUNCT

Pondicherry Government was accused of keeping the two environmental bodies, The Environment Council and Pondicherry State environment Committee defunct thorough the years and clearing the applications for licences by polluting industries. The Dravida Ilaignar Peravai Convener N.Nandhivarman in a letter to the Lt.Governor demanded freezing of clearances for polluting industries and also a probe into clearances given so far. In a scathing attack on the government towards preserving environment, Nandhivarman pointed out that the two government panels, the Environment Council constituted in 1987 and later reconstituted as Environment Protection Council in 1990 and the Pondicherry State Environment Committee created in 1989 have not been functioning since their inception. The Department of Science Technology and environment is bereft of powers which is why clearances to polluting industries that can grease the palms are on the increase and with elections round the corner clearances are available to anyone who can manage the government. The Environment Council should have met twice or thrice a year but it has not been meeting at all these days, he said adding the Council had been kept under cold storage. He also demanded a white paper by the Ministry of environments into the functioning or non functioning 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 to the DMK led Alliance in the polls to the Assembly. On the eve of elections the Congress Chief Minister V.Vaithialingam promised the Narambai villagers that his Government will not and had not given No objection Certificate for the proposed LPG plant which will ultimately result in entire village being evacuated. Before the Chief Minister reached the village for his campaign, over night Dravida Peravai and Indian National League had scanned the official file signatures of the No objection Certificate and distributed in pamplets.

Thus the Chief Minister's false promises were exposed. In that election the Indian National Congress candidate lost. The newly formed Tamil Maanila Congress won the Bahour seat.Dravida Peravai never contests. The Union Government meanwhile cancelled its clearance, thus yielding to peoples struggle.

LEGAL BATTLE : UNION GOVERNMENT WITHDRAWS CLEARANCE: HIGH COURT DISMISSES PETITION

[Meanwhile a writ petition jointly by the Narambai Fishermen Village Panchayat and Dravida Peravai was filed at the High Court of Madras. Environmental Lawyers T.Mohan and Ms.Devika Mohan argued these cases on behalf of the petitioners. But the writ was lost.W.P.14328 of 1996 and W.M.P No.19538 of 1996 before the Bench comprising Honourable K.A.SWAMI, Chief Justice and Honourable Justice Kanakaraj was dismissed on 7.03.1997 " Dismissing as infructous the writ petition and dismissed W.M.P as stated within"]

ORDER OF THE COURT MADE BY THE HON'BLE CHIEF JUSTICE

In This petition under article 226 of the Constitution, the petitioner has sought for quashing the letter no.J-11012/31-94-1A.II{I] date 19. 01.1995 issued by the first respondent granting environment clearance 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 has now withdrawn the environment clearance given and has held that the project cannot take place in the site proposed in respect of which the clearance was given. The communication is dated 15 th May 1996 and is issued by the Ministry of Environment and Forests bearing 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 August 1995 on the above subject. The proposal has been reexamined. The entire proposal of LPG terminal facilities comprises the following three components.

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

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

iii} Creation of on shore terminal { pressurised storage of LPG and bottling plant including infrastructural facilities.}

The proposed on shore facilities are falling within 500 meters of the HTL and as per provisions of CRZ notification No.S.O 114 E dated 19 th Febraury 1991 location of such facilities within Coastal Regulation Zone is a priohibited activity. In view of the above it is not possible to accord clearance to the project in the present form from environmental angle.

3.Thus the fourth respondent cannot now establish the LPG bottling plant at the place for which clearance had already been granted, as the clearance has now been withdrawn. In addition to that, the fourth respondent in paragraph 3 of his counter affidavit has stated thus.

" I submit that the above writ petition has become infractous and is liable to be dismissed on the sole ground that the first respondent has since withdrwan their approval granted in letter No. J/11012/31/94 I a dated 15.05.1996, pursuant to the orders of the Hon'ble Supreme Court of India not to locate any industrial unit within 500 meters of the High tide Line. As the company's project as originally envisaged and cleared bt the Government of india fell within the Coastal regulation Zone of 500 meters from HTL, the Government revoked its earlier approval. Hence the question of quashing the aforesaid approval does not arise.

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

5. That being so, this writ petition has become infractuous. It is accordingly disposed of subject to the aforesaid finding recorded by us that the 4 th respondent cannot at all establish the plant at the place in question.

6. as far as the other objections raised by the petitioner are concerned, the same are left open and it is opnen to the petitioner to raise 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

With The High Court of Madras passing this order the setting up of LPG unit must have been laid to rest. But it is not so. Emisaries were sent to N.Nandhivarman to persuade him and use him to pacify the Narambai villagers. A former MLA of Tamil Nadu called him to a Star Hotel in Pondicherry and tried his best. " I have fought against LPG plant when Congress government backed it, now how can I withdraw just because DMK Coalition had come to power" Nandhivarman retarded. Then one fine morning when fishermen woke up for the day, the found new vessels near their village surveying. This was on May 8 th 1997, two months after the High Court judgment. The infuriarated villagers took theit catamarans and boats went racing to the vessel. The officials who had come to survey on behalf of the LPG plant sponsors fled from the scene. This heroic struggle is recoded by Dinamani Tamil Daily on May10. 1997.

The struggle ended in success. First time in India a fishermen village succeeded in driving a multi national company out of its soil. This success of an indegenous community is an epoch making one. Among the leading figures of the Narambai Fishermen Panchayat Mr.A.Kanagasabai, Mr.A.Baskar and Mr.Mahalingam remain ever grateful for the services rendered by Dravida Peravai. Narambai Mahalingam remains Treasurer of Dravida Peravai. Narambai Kanagasabai joined government service.The village life continues with tsunami visiting them. Once again they fought the fury of Nature. The village life continues with tsunami visiting them. Once again they fought the fury of Nature.