Documents reveal district administration subverted legal provisions in Korba, Chhattisgarh, to aid industry
They walked in a single file. Some were bare-chested, their shirts used to tie their hands behind their back; many nursing bruises from fibreglass batons wielded by policemen. All 36 men were picked up on January 7 and marched six km to a police station on the outskirts of the coal mining town of Korba in northern Chhattisgarh after a public hearing, held to assess the environmental impact of a thermal power plant, turned violent.
“A crowd of about 800 villagers surrounded the district collector and myself,” said P. Sundarraj, Korba's Superintendent of Police. “When the police pushed them back, they started pelting stones.” Mr. Sundarraj said the police then used teargas and batons to disperse the crowd.
While much of southern Chhattisgarh is embroiled in a violent war of attrition between government forces and the guerrilla army of the Communist Party of India (Maoist), resentment is rising in the State's coal-rich central and northern districts where broad swathes of land have been acquired by privately owned thermal power plants. In Korba's neighbouring district of Janjgir-Champa, for instance, farmers are actively resisting 36 coal-fired power plants that seek to acquire close to 40,000 acres.
Large projects in predominantly tribal areas (called Scheduled Areas) must comply with a two-step process of public consultation: a public hearing to assess the environmental impact of the project and a crucial village-level consultation – called a Gram Sabha – where villagers and government representatives agree on the terms and conditions of land acquisition.
Yet, documents obtained by The Hindu reveal how officials in Chhattisgarh treat the Environmental Impact Assessment Notification of 2007and the Panchayat Extension to Scheduled Areas Act (PESA) of 1996 as mere formalities and routinely overrule gram sabhas to acquire lands on behalf of industry, prompting a withdrawal of the ‘public' from public hearings. In the past, the Planning Commission and Rural Development Minister Jairam Ramesh identified the non-implementation of PESA as a factor in increasing tribal disaffection and the rise of the CPI (Maoist).
In Korba, the villagers were protesting against the planned expansion of a 1,320 MW power plant set up by Lanco Amarkantak. “Earlier, we gave our land willingly on the condition that the company would provide us with jobs,” said Laharam Murao, a village leader from Imilibhata. Mr. Murao said the company had acquired 1.5 acres of his land in 2005, but he had neither received any compensation and nor had anyone in his family gained permanent employment at the plant. “This time we said ‘we will not give any land, no public hearing shall take place,'” Mr. Murao said.
On January 7, villagers from affected villages blocked the road to the public hearing and refused to attend the hearing. Villagers say a crowd of 3,000 gathered a kilometre away from the site of the hearing; the police have put the figure at about 800.
District Collector R.P.S Tyagi arrived at about 3 p.m. and, according to the villagers and policemen interviewed, set up a table 50 metres from the crowd and announced that the public hearing had begun.
“We refused to approach the table,” said Shyam Kumar Chauhan, a villager, “but a few people allied with the administration gave their opinions.” Twenty minutes later, Mr. Tyagi said that the hearing was complete and tried to leave when the crowd grew agitated and sought to stop him.
“All the legal formalities of the public hearing were complete. If even one project affected person gives his opinion…the legal requirements are fulfilled,” said Mr. Tyagi in an interview, adding that 24 people had participated in the hearing.
Turning the table
While environmental public hearings do not mandate a quorum for project-affected persons, land acquisition rules formulated under PESA mandate that at least a third of the village must be present at a gram sabha, a third of whom must be women, when land is acquired in a tribal village to ensure that the proceedings are not hijacked by a small coterie. Yet in Lanco's case, government officials used a little known legal loophole to overturn the quorum requirements and acquire land without informing the populace.
In 2010, the Korba district administration scheduled land acquisition meetings in four villages, none of which met quorum requirements. On February 15, 2010, only 35 men and a woman attended the meeting held in Dhan Dhani village (population 612), according to an order sheet signed by the tehsildar. If the quorum is not met, the administration can reschedule the meeting for another day. The second meeting does not require a minimum quorum and so the administration is rule-bound to publicise the second hearing as widely as possible.
In Dhan Dhani's case, the second meeting was held one hour after the first meeting was adjourned; the same 36 attendees gave their consent and land acquisition began soon after.
The conditions put forward by those present — a compensation rate of Rs.15 lakh per acre and jobs for those losing their lands — were overruled. “The Gram Sabha's objections and the issues raised by the villagers have no legal basis,” wrote Mr. Tyagi in an order sheet dated March 25, 2010, directing his officers to begin the process of land acquisition.
A similar procedure was repeated in the villages of Khordal, Pehnda and Saragbondia where gram sabhas were repeatedly rescheduled to work around the quorum requirements.
In Saragbondia, several residents interviewed by this correspondent could not distinguish between the environmental hearings and the gram sabha meetings and claimed to be unaware that meetings relating to land acquisition were already complete.
In an interview, Mr. Tyagi insisted that his office complied with all legal provisions governing land acquisition. “For all public hearings there is a protest….[But] we go by the Act,” he said.
Korba - the 5th most polluted city of the India, is having critical problem environment pollution. The current BJP Govt is visioning Chhattisgarh as the Power Hub of the Country. The Central Govt (Congress) Minister Jairam Ramesh declared many places of CG as "NO GO" under its Go, No Go policy. Korba is one among that "NO GO" places. Yet the Industrialisation in Many cities of CG is on full swing, ignoring the environmental standards. The District Envirnmental watchdog also acknoledged That LANCO mentioned above, has violeted many envirnmental norms. The current scenario in Korba is very fruitful for Politicians and Industrialist. The Public is less aware and organised. The NGO like Sarthak are working for it but Govt is very dominant. God know what is the Fate of the City Korba and its People. I dont thing 10 years down the line it will be a place to live. The awareness and actions on paper is very much needed from the educated population of Korba. The Village person are Vulnerable.
In a democratic country like India, officers like Mr.Tyagi are behaving like rulers of British India. His acts and irresponsible comments to 'The Hindu' are not proper. I wounder if CBI should investigate into this? And there is no doubt that these kind of activities make people to take up arms and finally being end up as Naxalites, etc. I request 'The Hindu' to take this matter to the highest possible level. Thanks!
Electricity is needed for development.But the way we adopted to generate electricity always invite criticism from the public especially from the affected ones. It is mainly due to the huge land required for implementing the project and environmental impact caused by it .The interest of aam admi are always neglected while implementing the project.The procedures to be followed are bypassed in each case. The land acquired for implementing the project mainly belong to the tribal or peasants.They are totally ignorant of the laws and which is tactfully exploited by the managers of the private companies.How can we say about a people who are completely unaware of the laws and procedures have complied with all legal provisions governing land acquisition.Also why don't we adopt small scale project wherever it is possible but only stick on to mega projects.
In a developing country with wide spread illiteracy, malnutrition and power difference between the rich and the poor these stories are a commonplace. The government servants are either corrupt with their hands creased by industrialists or are under tremendous pressure to deliver from corrupt politicians. The industrialists are mostly relatives of politicians and donate generously for election campaign. It is in effect a closed system where extremely rich corrupt class is ruling the country. These people have no hesitation in subverting the well intentioned legislatory requirements. I hope media reports on each of these gram sabhas so there is record of what actually transpired and can form a basis for investigating agencies. Educating public servants on how to conduct these meetings and how to maintain impartiality will help. A CBI raid on Korba district administration officials to assess reasons for conducting sham meetings and punish guilty is a desirable response to the article.
This is mockery of administration. I can't understand who the District Collector is serving? Is it the Government (read people) or the private corporations. Overstepping the mandate of the law has become a practice now in every sphere of governance. It is unclear how the people of Korba will get justice now.
Although by laws, the mineral wealth in a state belongs to the Government, as a matter facts, in democratic set up it ought to be belong to people. So Public and private developer of resources have responsibility to the people. Development of mineral wealth should be a one sided business like in colonial days. Benefits from the development should go to all stakeholders-State, people, developer (Public & Privates): So conflict can be minimized and proper sharing of income from the ventures like- Royalty, Ad Valorem Tax, excise tax, income tax,etc along with profits be apportioned. If program is not transparent and people have feeling like the colonial days, then it is bad for India as a whole. Government and Adm. should work for harmonious development of these resources for the good of the country. The Corporations are their to provide goods and services and make profits: But it should not be only profits at any costs.
undemocratic deeds inthe world biggest democracy
Collector's and SP's men have gone to the extent of parading the public who have come to air their grievances and reactions to a bout of physical assault and make them march "single file, bare-chested, hand tied behind their back, many nursing bruises from fibre glass batons wielded by policemen" needs to be condemned by the people. This is not an isolated behavior. News reports have appeared how the local administration and police help the project builders carry out their work secretly and in hurry with the police and official help. It is a plain collusion of political and administrative forces patently against public interest. NO wonder naxalism has spread to a large number of districts from Pasupathi to Tirupathi. CM. CS and the central Home Minister have a lot to explain.
Public anger at the way the district collector and the police superintendent have misused the process of 'public hearing' for a mega project's environmental implications will naturally run high. First the district collector and the police superintendent will need to be sent for a refresher course to relearn the basic of public administration. A study of 300 mega projects in 30 countries observe: "project promoters often avoid and violate established practices of good governance, transparency and participation in political and administrative decision making, either out of ignorance or because they see such practices as counterproductive to getting projects started. Civil Society does not have the same say in this arena of public life as it does in others; citizens are typically kept at a substantial distance from mega project decision making ". A poor way to elicit public opinion in mega project decision making.
What is there to be astonished in such a state of affairs? In our India public hearings are similar.Even in case of protests, more articulating people get their voice and opinion recorded, however hollow these may be!
This is just beginning for creation of more Maoists in the state.. If government will treat people like cattles, while country will have to bear the brunt of it.
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