Report of the Western Ghats Ecology Expert Panel - Part II : Actionable points for the WGEA : Box 2: Kalu dam : Submission from Indavi Tulpule, Surekha Dalvi and Parineeta Dandekar.
Opinion
19/11/2018
1550.
SUB : Report of the Western Ghats Ecology Expert Panel - Part II : Actionable points for the WGEA : Box 2: Kalu dam : Submission from Indavi Tulpule, Surekha Dalvi and Parineeta Dandekar.
REF : Box 2: Kalu dam : Submission from Indavi Tulpule, Surekha Dalvi and Parineeta Dandekar.
Box 2: Kalu dam: Submission from Indavi Tulpule, Surekha Dalvi and Parineeta Dandekar
*The Kalu dam site is situated in the ecologically sensitive Western Ghats region in the Tribal Sub Plan (TSP) area of Murbad Tehsil in Thane District of Maharashtra. This dam, with a storage capacity of 407.99 MCM will submerge an area of 2100 hectares, including about 1000 hectares of forest land.
*The project does not have Forest Clearance nor has the process of land acquisition started. Despite this, M/s F.A. Enterprises, Khar, Mumbai (The contractor for this work and many other ongoing dams to supply water for industries and drinking in Mumbai) has already started the work under the monitoring of Sub Divisional Engineer, Hetawane Medium Projects Sub division no. 6, Vashind, District Thane,(Authority: Executive Engineer Raigad Irrigation Division No- 2, Konkan Bhavan, New Mumbai)
*The work started by the contractor under the guidance of project authorities is entirely illegal and is causing massive damage to the invaluable ecology of the region as well as the livelihoods of the Adivasis.
#Various Irregularities in Kalu Dam : -
1. Although the project does not have Forest Clearance, work has already started on what they refer to as ‘non-Forest Land’ (which is forested Adivasi land). As per the Supreme Court Order, work on non-forest land cannot proceed without a clearance for forest lands for projects that require forest-land and non-forest land.
2. The project authorities claim that the contractor has undertaken only ‘Ancillary’ activities as they have yet to receive Forest Clearance. These Ancillary activities should include only temporary work. However, the contractor and Project proponents have already caused massive deforestation and destructive excavations. Such destruction of forest without the Forest Clearance is also illegal and in violation of the FCA. Levelling work is on going with more than 30 dozers and 100 JCBS on the site, plying incessantly.
*3. Base of Kaluganga Dam
A huge foundation excavation for the dam is on-going.
A guest house for Project officers, staff and contractors has been constructed , which is a lavish structure fitted with AC and LCD TV sets
Ironically, though the scope of ‘Ancillary Works’ include shelter for dam workers, at Kalu the workers and their children sleep in the river bed (which is dangerous and illegal), while the CRPF police force, installed at the site for months, reside in rooms.
3. The non forest land on which this excavation and levelling is continuing belongs to Adivasis. No legal process of acquisition has even been started regarding these or any other lands which need to be acquired for this project. Since there have been no EIAs, no Environmental Clearance, no Public Hearing, the local peoples’ voice is left unheard.
4. The entire area to be submerged and affected by the Kalu Dam is a Tribal Sub Plan Area (TSP)-Scheduled Area. The provisions of PESA require informed consent from Gram Sabhas for this project. No such consent has been given by any Gram Sabhas. Most of the Gram Sabhas have resolved to resist this project. Thus the on-going construction of this dam amounts to Violation of PESA.
5. The submergence area of the Kalu Project includes about 1000 hectares of forest land. The area is inhabited by Scheduled Tribes and other traditional Forest Dwellers who depend entirely on the forest land and resources for their bona fide livelihood needs. Many of these tribals and traditional Forest Dwellers have filed Individual Cultivation Rights claims under the ‘Scheduled Tribes and other Traditional Dwellers (Recognition of Forest Rights) Act 2006 (FRA)’. Further, about 20–25 hamlets/ villages have their community forest rights in this forest in the form of food gathering, collection and sale of minor forest produce like bamboo, Mahua, mangoes, karwandas, tendu leaves, cashews, gum, firewood, etc. They also depend on this forest for herbal medicines. Most of these have not been documented or settled yet.
6. The 2006 FRA, Section 4, subsection 5 states: ‚No member of a forest dwelling scheduled tribes or other traditional forest dwelling communities shall be evicted or removed from forest land under his occupation till the recognition and verification process under this act is complete.‛ Therefore the ongoing work on the Kalu dam is also a violation of the FRA.
7. The Katkari, Thakur and Mahadev Koli Tribes have more than 20 traditional worship places in this forest area and there are many sacred groves and trees associated with these places.
8. The lands and forests also act as grazing grounds for cattle and goats. Fish from the streams and river are an important source of protein for these
9. The project contractor has already clear felled thousands of trees near the dam site without seeking permission even from the Regional Forest Department. After repeated agitations by Shramik Mukti Sangathana, the local Forest officials confiscated one JCB, one Dumper and more than 3000 c. meter of Timber. But this is just a small fraction and the felling is continuing in the absence of any stringent action by the Forest Department, or any other Department. Therefore, in order to protect ecologically invaluable forests and the basic human rights of some of the weakest citizens of our country, we urge you to immediately stop the illegal and unjust work at Kalu dam and inspect other such works on-going at the neighbouring Shai project site, Balaganga, and Poshir. We also urge that the EIA notification be changed to ensure that EIAs, Environment Clearance and Public Hearings are mandatory for all such dams, including Kalu and Shai dams. Lastly, we urge you to take action against those guilty of violations and ensure that such violations are not repeated.
The Kalu irrigation project was one of the 13 projects that the state government had asked the ACB to probe in January 2015.
NEXT : 2.2 Agriculture
To be continued ..
JAIHIND
VANDE MATARAM
Maharashtra builds dam in quake zone without permission. High Court refuses stay
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