FIR Save Sikkim - September 28, 2013SAVE SIKKIM YUKSAM-Tashiding-Yangthang, West Sikkim Contact:...

SAVE SIKKIM YUKSAM-Tashiding-Yangthang, West Sikkim Contact: +91-8348615574, 9609834076

To, The Officer-in-Charge Tikjuk Police Station Sikkim Police Department Gyalshing West Sikkim

Dated: 27/09/2013

Sub: First Information Report

Sir, M/s Shiga Energy Private Limited is executing the 97 MW Tashiding Hydro Electric Project over the sacred Rathongchu, West Sikkim. In this connection, we would like to bring in the following facts and information for your kind attention and necessary course of action in public interest please. That,

1. As per the requirement of the Environment Ministry (Government of India), the executing agency i.e. Shiga Energy Private Limited, is required to submit a Six-monthly compliance report on the status of the 97 MW Tashiding HEP to the stipulated environmental conditions in a prescribed format as made available for your reference in the attachment made here in the Monitoring Report on the Implementation Status of Conditions of Environmental Clearance dated Oct 4th, 2012 as (Annexure ‘A’)

2. However, while going through the latest Six monthly report dated 22.11.2012 submitted by the executing agency to the concerned authority i.e. the Joint Director, North Eastern Region Office, Ministry of Environment & Forest, Government of India (Annexure ‘B’), it is found that as against the IX necessary conditions required in the prescribed format running from Part-A. Specific Conditions Stipulation No. I to IX, for submission of such report, the executing agency have intentionally deleted Stipulation No. VIII (as reflected in Annexure ‘B’) thereby straight jumping to the next condition.

3. Stipulation VIII states that:”the proposed site is about 5Km away from the buffer zone of Kanchendzonga Biosphere Reserve as per Supreme Court order clearance from NBWL may be obtained (if required).” Now, the status of Compliance report says: “Not complied with” and further writes; “the project also falls within 10 Kms from the Fambomgla Wildlife Sanctuary, as such, NBWL clearance needs to be obtained.”

The agency has not complied to nor has obtained NBWL clearance yet as evident from the Monitoring Report on the Implementation Status of Conditions of Environmental Clearance dated Oct 4th, 2012 (Annexure ‘A’). In another word, the executing agency has simply and swiftly been misleading and cheating the authorities till date by submitting wrong report to Ministry of Environment and Forest, Govt. of India as evident from Annexure ‘B’.

4. More surprising is to witness the agreement of the signing authorities who endorsed the six-monthly report at Annexure ‘B’. In fact, the role of all the officers against whom the executing agency’s report at Annexure ‘B’ has been marked as well as of the report by monitoring committee / authorities as well, which necessarily included the officials from both the concerned Ministries and departments. i.e., Environment & Forest is at shadow of having been influenced in one or the other manner in manipulating the whole affair to favour the executing agency.

Under the circumstances, and in the interest of justice, we rely and submit the above for initiating necessary actions against the above agency as well as government officials for intentionally misleading the both Union and state governments and putting our survival into threat by deliberately devastating our sacred land, river, eco-system and bio-diversity in their pursuit to impose the unauthorised and illegal 97 MW Tashiding HEP at sacred Rathongchu, West District. With highest regards,

MONITORING REPORT ON THE IMPLEMENTATION STATUS OF

CONDITIONS OF ENVIRONMENTAL CLEARANCE

1. Project Type : River Valley

2. Name of the Project : Tashiding HEP (96 MW)

3. Clearance letter and date : No. J-12011/66/2006-IA.I Dated 19.07.10

4. Location : a. District : West Sikkim

b. State : Sikkim

c. Latitude/Longitude

Barrage site : 27°20’28”/88°13’59” Power House :

5. Address of correspondence :

(a) Address of concerned : Shri P. B. Praveen Kumar, Director, project Head Shiga Energy Pvt. Ltd.,

Rabdenling, Annex II, Adjoining Royal Plaza, Upper Shyari, Gangtok, East Sikkim-737101 Telephone No. 03592–204709 Fax No. 03592–201307

(b) Address of Corporate : Shri T. Nagendra Rao, Office Shiga Energy Pvt. Ltd.,

5th Floor, Building No. 8, Tower C, DLF Cyber City, Phase II, Gurgaon, Haryana- 122022 Telephone No. 095124–4696300 Fax No. 095124–4696311

6. Monitored with : Ms Kusum Gurung, DFO (Env. and land use) West Sikkim Mr Murugan, DFO (T) West Sikkim

7. Date of Monitoring : 4th Oct.’ 2012

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http:19.07.10

PRESENT STATUS The Ministry has accorded clearance for construction of 96 MW

hydroelectric project on Rathongchu River in West Sikkim District, Sikkim. The total land requirement is 17.854 ha out of which 4.3592 ha is forest land. The proposed site is about 5.8 Km away from Fambonglho Wildlife Sanctuary.

It was observed that construction of approach road of about 4.8 kms to barrage, Adit and power house sites has been completed. Excavation works for HRT, surge shaft etc. were found to be in progress. (Photograph 1 & 2).

Photograph-1: Stone Crushing Unit near Power House Site

Photograph-2: A view of approach road to barrage/adit site

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Photograph-3: A view of Adit

STATUS OF COMPLIANCE

A. Specific Conditions:

Stipulation I: Catchment Area Treatment Plan as has been proposed should be completed in 3 years. The plan is given below:

Physical targets for biological and Engineering Measures:

Treatment Measures

Unit (ha)

Year I Year II Year III

Total

(A) Biological Measures

Afforestation (ha) 23 9.2 9.2 11.4 52.8

Aided Natural Regeneration(ha)

24 9.6 9.6 11.8 55

Medicinal plantation (ha)

4 1.6 1.6 2 9.2

Seed sowing, dibbing and broadcasting(ha)

14 5.6 5.6 6.8 32

Broom Grass plantation(ha)

10 4 4 5 23

Bamboo Plantation

7 2.8 2.8 3.4 16

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Silvi-pasture development (ha)

10 4 4 5 23

Nursery creation (Nos)

Nursery maintenance

(B) Engineering Measures

Dry Stones wall (ha)

264 105.6 105.6 52.8 52.8

Dry stone sausage wall (ha)

211 84.4 84.4 42.2 422

CCM wall (ha) 117 46.8 46.8 23.4 234

Catch Water Drain (box drain)

114 45.6 45.6 22.8 228

Status of Compliance: Partially Complied with. The project authorities have deposited an amount of Rs 63,48,000/- under CAMPA fund for undertaking the CAT works by the State Forests, Environment & Wildlife Department.

Stipulation II: Five dumping sites have been identified for dumping 380858 m3 of excavated material. For retaining the dumped/ unused material for subsequent stabilization along the hill slopes and along the stretch of the road sausage-cum-retaining walls shall be developed. These need to be built prior to the dumping of muck at these sites. These walls would range from 70 to

290 m length at the proposed dumping sites.

Status of Compliance: Being complied with. It was observed that at some places sausage-cum-retaining wall has been broken. It was informed by project officials that heavy downpour resulted in massive landslides along the approach road resulting in breaking of sausage-cum-retaining wall at muck dumping places. The same shall be repaired during the dry season of winter.

Stipulation III: It should be ensured that the dumping yards blend with the natural landscape by developing the sites with gentle slopes, bunds, terraced and water ponds, patches of greenery in and around them.

Status of Compliance: Compliance stage is yet to come.

Stipulation IV: For maintaining environmental flow in the river two cumec water should be released during lean season.


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Stipulation V: The scheme for disposal of solid waste should cover the integrated project area including from labour colony during construction phase. Solid waste from the labour camps shall be collected in beans/ masonry vats and the same shall be dumped /disposed to nearby municipal landfills/authorized dump sites. No dumping of solid waste will be allowed near any water body or a stream to have any health hazard problem to the community.

Status of Compliance: Being complied with. It was observed that solid waste is collected in bins and then disposed of in pit far from any water body. It was also informed that conversion of solid wastes into biogas is also explored.

Stipulation VI: Jobs should be provided to at least one member of all the 30 affected families as per their skill.

Status of Compliance: Complied with.

Stipulation VII: Fishery Management Plan as proposed in the EMP should be implemented in totality.


Stipulation VIII: The proposed site is about 5 km away from the buffer zone of Khangchendzonga Biosphere Reserve as per Supreme Court order clearance from NBWL may be obtained (if required).

Status of Compliance: Not complied with. The project also falls within 10 kms from the Fambonglho Wildlife Sanctuary. As such, NBWL clearance needs to be obtained.

Stipulation IX: The Project proponent should carry out a study on post construction period during O & M stage in between 3 to 5 years after commissioning of the project to examine the actual environmental impact of the project on its surrounding compared to what was planned initially. The study should be conducted by a reputed institute/ consultant.


B. General Conditions:

Stipulation I: Adequate free fuel arrangement should be made for the labour force engaged in the construction work at project cost so that indiscriminate felling of trees is prevented.

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Status of Compliance: Complied with. Contractors are providing mess facilities to all the laboures where food is cooked using LPG.

Photograph-4: Meals sent to the laborers working at sites using mobile van

Photograph-5: Mess facilities at site

Stipulation II: Fuel depot may be opened at the site to provide the fuel (kerosene/ wood/ LPG). Medical facilities as well as recreational facilities should also be provided to the labourers.

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Status of Compliance: Being complied with. Though fuel depot has not been opened but mess, medical and recreational facilities are provided to the labourers as stipulated.

Stipulation III: All the labourers to be engaged for construction works should be thoroughly examined by health personnel and adequately treated before issuing them work permit.


Stipulation IV: Restoration of construction area including dumping site of excavated materials should be ensured by levelling, filling up of burrow pits, landscaping etc. The area should be properly treated with suitable plantation.


Stipulation V: Financial provision should be made in the total budget of the project for implementation of the above suggested safeguard measures.


Stipulation VI: Six monthly monitoring reports should be submitted to the Ministry and its Regional Office, Shillong for review.


Stipulation VII: Officials from Regional Office MOEF, Shillong who would be monitoring the implementation of environmental safeguards should be given full cooperation, facilities and documents/ data by the project proponents during their inspection.


Stipulation VIII: The responsibilities of implementation of environmental safeguards rest fully with the M/s Shiga Energy Pvt. Ltd. & Government of Himachal Pradesh.

Status of Compliance: Agreed with.

Stipulation IX: The total amount of Rs. 466.76 lakh kept in the budgetary provisions for implementation of environment management plan should be strictly adhered and not to be diverted for any other purpose.


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Stipulation X: In case of change in the scope of the project would require a fresh appraisal.


Stipulation XI: The Ministry reserves the right to add additional safeguard measures subsequently, if found necessary and to take action including revoking of the clearance under the provisions of the Environment (Protection) Act 1986, to ensure effective implementation of the suggested safeguard measures in a time-bound and satisfactorily manner.


Stipulation XII: This clearance letter is valid for a period of 10 years from the date of issue of this letter for commencement of construction work.

Status of Compliance: Agreed with. Construction activities have already commenced.

Stipulation XIII: A copy of the clearance letter shall be sent by the proponent to concerned Panchayat, Zila Prishad/ Municipal Corporation, Urban local body and the local NGO, if any, from whom suggestions/ representations, if any, were received while processing the proposal. The Clearance letter shall also be put on the website of the company by the proponent.


Stipulation XIV: The Project Proponent should advertised within seven days at least in two local newspaper that are widely circulated in the region around the project, one of which shall be in the vernacular language of the locality concerned informing that the project has been accorded environmental clearance and copies of clearance letter are available with the State Pollution Control Board/ Committee and also at website of the Ministry of Environment and Forest at http:// www.envfor.nic.in.


Stipulation XV: The project proponent shall also submit six monthly reports on the status of compliance of the stipulated EC conditions including results monitored data (both in hard copies as well as by e-mail) to the respective Regional Office of MOEF, the respective Office of CPCB and SPCB.


Stipulation XVI: Any appeal against this environment clearance shall lie with the National Environment Appellate Authority, if preferred within a period of

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http:www.envfor.nic.in

30 days as prescribed under section 11 of the National Environment Appellate Authority Act, 1997.


General Remarks: 1. The EC does not include the stipulation for constitution of the Multi-

Disciplinary Committee to oversee the implementation of environmental safeguards similar to the other environmental clearances accorded to hydroelectric projects. As such, the Ministry may consider addition of this safeguard as per Condition 9 of EC.

2. It was observed that sausage-cum-retaining wall has been broken at some places due to heavy downpour. The same needs to be repaired at the earliest to contain the excavated earth materials/muck within designated muck disposal areas.

3. The NBWL clearance needs to be obtained immediately as stipulated. 4. Six monthly compliance report needs to uploaded on the Company’s

website under intimation to the Ministry/Regional Office.

(DR S C KATIYAR) SCIENTIST ‘D’

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97MW TASHIDING HYDRO ELECTRIC PROJECT

DATA SHEET

Sl.No. Particulars Details

1. Project Type Run- of- River Scheme

2. Name of the Project 97MW Tashiding Hydro Electric Project

3. Clearance Letter

i) Environmental Clearance ii) Forest Clearance.

No.J-12011/66/2006-IA-I dated 29.7.2010

MoEF GOI vide letter No.3-SKB 007/2010

SHI/1693-94 dated 16th

Sept.2011.

Forest Env.& wildlife Management Deptt GOS

vide Letter No.1368/FCA/FEWMD 955-57 Dated

24/9/2011

4. LOCATION:

District West District

State Sikkim

Latitude 27˚20’28”N Longitude 88˚13’59”E

5. Address for Correspondence

a) Addresss of concerned Project Head(with pin

code,Telephone/Fax)

b) Address of Project Incharge site office (With Pin code,

Telephone/Fax)

Shri.P.B.Praveen Kumar,

Director

Shiga Energy Pvt.Ltd.

Rabdenling, Annex-II, Adjoining Hotel Royal

Plaza Upper Shyari,Gangtok,East Sikkim.

e-mail:[email protected]

Telephone:03592-280709 Fax:03592-280703

Mr.C.L.Thakur

Vice-President,Shiga Energy Pvt.Ltd.

Yangtey, Gyalshing, West Sikkim, Telephone:03595-250055 Fax-03595-250044

e-mail:[email protected]

6. Break up of the Project Area

a) Forest Land Total 4.3492Ha(Surface 2.7840Ha+Underground :1.5652Ha) in West Sikkim,

7. Break-up of the Project affected

Population.

Project affected families:30

Landless affected families: Nil

8. Financial Details

a) Project cost as originally planned.

465.95Crores.

9. Forest Land requirement

a.The Status of approval for

diversion of forest land for non

forestry use,

The Ministry of Environment & Forest Government

of India vides its letter No.3-SKB 007/2010

SHI/1693-94 dated 2nd

May 2008

Forest Env.& wildlife Management Deptt GOS

vide Letter No.1368/FCA/FEWMD 955-57 Dated

124/9/2011

Annexure-A

Compliance Status on Environmental Clearance.

Sl.No. Stipulated Conditions Compliance Status

Part –A: Specific Conditions

(i) Catchment area treatment plans as has been

proposed should be completed in 3 years.

We have already deposited the CAT amount

of Rs. 63, 48, 000=00 in the CAMPA fund

and work will be carried out by the State

Forest Department.

(ii) Five dumping site have been identified for

dumping 380858m³ of excavated material. For

retaining the dumped /unused material for

subsequent stabilization along the hill slopes

and along the stretch of the road sausage-cum

retaining walls shall be developed. These need

to be built prior to the dumping of muck at

these sites. These walls would range from 70

to 290m length at the proposed dumping site.

Muck dumping is being carried out in

approved muck dumping sites. Sausage cum

retaining walls have been developed as

proposed

(iii) It should be ensured that the dumping yards

blend with the natural landscape by developing

the sites with gentle slopes, bunds, terraced

and water ponds, patches of greenery in and

around them.

After the completion of the construction

work we will convert the dumping sites

into natural vegetation parks and

recreational centre.

(iv) For maintaining environmental flow in the

river two cumec water should be released

during lean season.

We will comply as per the MoEF norms.

(v) The scheme of disposal of solid waste should

cover the integrated project area including

from labour colony during construction Phase.

Solid waste from the labour camps shall be

collected in beans/Masonry Vats and the same

shall be dumped or disposed to nearby

municipal landfills/authorized dump sites. No

dumping of solid waste is allowed near any

water body or a stream to exclude any health

hazard problems to the society.

The solid waste is collected in bins and then

dumped into the pit which does not fall near

any water body or a stream to exclude any

health hazards problem to the community.

We are in touch with central Govt.

organization for converting these solid waste

from the labour camp into Biogas for its

useful purpose.

(vi) Jobs should be provided to atleast 1 member of

all the 30 affected families as per their skills.

We have already provided jobs to atleast one

member of all the affected families as per

their skills and also contract works are being

allocated to the affected families and we are

further encouraging them to produce

organic vegetables and developed poultry

farming.

(vii) Fishery Management Plan as proposed in the

EMP should be implemented in totality.

We will implement the Fishery Management

plan as proposed in the EMP together with

the Fisheries Department, Govt. of Sikkim.

(viii) The Proponent should carry out a study on

post construction period during O&M stage in

between 3 to 5 years after commissioning of

the project to examine the actual

environmental impact of the project on its

surrounding compare to what was planned

initially. The study should be conducted by a

reputed institute/consultant.

Our construction phase has just started.

Between 3 to 5 years after the commissioning

of the project we will carry out a study on

post construction period during O&M stage

to examine the actual environmental impact

of the project on its surrounding compared to

what was planned initially by a reputed

institute/consultant.

Part-B: General Conditions

Sl.N

o.

Stipulated Conditions Compliance status

(i) Adequate free fuel arrangement should be made

for the labour force engaged in the construction

work at project cost so that indiscriminate

felling of trees is prevented.

Sufficient free fuel( only LPG) has been

provided by the company for labourers

engaged in the project. As such food is

provided to the employees at the Company’s mess where LPG is used as fuel.

(ii) Fuel depot may be opened at the site to provide

the fuel (kerosene/wood/LPG).Medical

facilities as well as recreational facilities should

also be provided to the labourers.

The fuel Depot (LPG) has been established at

site.

We have employed two nurses and an

ambulance has been provided to meet the

emergency needs for project employees and

also the public residing within the project

site. Routine HIV Test programmes and

medical camps are also conducted at the site.

(iii) All the labourers to be engaged for construction

works should be thoroughly examined by health

personal and adequately treated before issuing

them work permit.

Labourers engaged at construction work were

examined by MBBS Doctors and treated

before issuing the work permit. Regular

health checkup is continuing at various sites.

HIV Test for all the migrant labourers has

also already been conducted and would be

conducted in every 6 months by the State

AIDS Control Society.

(iv) Restoration of Construction area including

dumping site of excavated materials should be

ensured by leveling, filling up of burrow pits,

landscaping etc.The area should be properly

treated with suitable plantation.

We have been complying with the guidelines

that have been drawn and we will also take

plantation steps once the dumping yard is

filled.

(v) Financial provision should be made in the total

budget of the project for implementation of the

above suggested safeguard measures.

Yes, the financial provision for

implementation of environmental safeguards

has been kept.

(vii) Six monthly monitoring reports should be

submitted to the Ministry and its Regional

Office, shillong for review.

Monitoring committee is not yet constituted.

6. The responsibility of implementation of

environmental safeguards rests fully with the

M/s Shiga Energy Pvt.Ltd. & Govt. of Sikkim.

We will strictly comply with all the conditions

set for the safeguards of environment with the

cooperation of Forest Env. & Wildlife

management Department, Government of

Sikkim.

7. The total amount of Rs.466.76 lakh kept in the

budgetary provision for implementation of

environmental management plan should be

strictly adhered and not to be diverted for any

other purpose.

We will fully implement the said budget for

Environmental Management programme.

8. In case of change in the scope of the project,

project would require a fresh appraisal.

In case of any changes we will inform the

concern department and take the fresh

appraisal.

9. The Ministry reserves the right to add

additional safeguard measures subsequently,

if found necessary and take action including

revoking of the clearance under the provision

of the Environment (protection) Act,1986 to

ensure effective implementation of the

safeguard measures in a time bound and

satifisfactory manner.

We agree.

10. This clearance letter is valid for a period of 10

years from the date of issue of this for

commencement of construction work

The construction work began since December,

2012.

11. A copy of the clearance letter will be marked to

concerned Panchayat / local NGO, if any .from

whom any suggestion / representation has been

received while processing the proposal. The

Clearance letter shall also be put on the website

of the Company by the proponent.

Till date we had not received the suggestion

/representation while processing the proposal.

The Clearance letter already been uploaded in

the company’s website.

13. The project proponent shall also submit Six

monthly reports on the status of compliance of

the stipulated EC conditions including result of

monitored data ( both in Hard copies as well as

by e-mail) to the representative Regional office

of MoEF, the respective Office of CPCB and

the SPCB.

We will submit in Hard Copy and soft copy as

well by e-mail to the concerned officials.

14. Any appeal against this environmental

clearance shall lie with the National

Environment Appellate Authority, if preferred

within a period of 30 days as prescribed under

Section 11 of the National Environment

Appellate Authority Act.1997.

We agree

First Information ReportAnnex A: Monitoring ReportAnnex B: Compliance Report

FIR Save Sikkim - September 28, 2013SAVE SIKKIM YUKSAM-Tashiding-Yangthang, West Sikkim Contact:...

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Transcript of FIR Save Sikkim - September 28, 2013SAVE SIKKIM YUKSAM-Tashiding-Yangthang, West Sikkim Contact:...