Letter from ACT toExpert Appraisal Committee on River Valley & Hydro Projects,MoEF

AFFECTED CITIZENS OF TEESTA

BL House,Tibet Road, Gangtok, Sikkim.

To,

The Hon’ble Chairman,

Expert Appraisal Committee on River Valley & Hydro Projects,MoEF,

New Delhi

SUB: REQUEST FOR FRESH ADDITIONAL CONDITIONS FOR TEESTA HEP STAGE III.

Hon’ble Sir,

This is to bring to your kind notice the following facts and figures for your kind information and further necessary consideration:

1. That, while issuing the Environmental Clearance to M/S Teesta Urja Ltd for Development of Teesta HEP stage III, there is no mention of one of the most serious cause of destruction of the environment that is the BLASTING/DYNAMITE. Due to which there has been unchecked rampant blasting in the construction site of the projects particularly in the damsite, shipger,Raman and other areas of the project. An innocent person was also killed few years ago in a church due to a splinter from blasting from almost a km away. Further, these area being ecologically fragile and have high ridges where there are lot of loose rock formations, there is the possibility that these rocks might get disturbed and fall off causing loss to lives and properties. Besides the many houses have been already been damaged and there is the possibility of damaging religious places of worship and historical sites like the Leydo(holy stone). It is also known that unlike conventional Hydro Projects the most serious damage to the environment is caused by the tunneling and the region above the adit II(teng) experienced unprecedented landslides/flash flood in 2^nd August 2002. This was later on seen to be caused by the disturbance of the top soil due to rampant blasting by the Border Roads Organization while constructing the Toong Sangkalang Road. Now further disturbance by the blasting by the project in area will certainly contribute to the already disturbed area and then lead to disastrous affects (stated in the public hearing also).

It is also pertinent to bring to the notice of the committee that a Schedule I animal serow(Caprinornis Sumantraensis)was found dead in the Project area and the company SEW under Teesta Urja ltd was held responsible and the case compounded after payment of fine of Rs 25,000/-on 20.11.2008, In this matter also the DFO has observed that besides other probable reasons, the animal could have been disturbed by the Blasting and fell from the ridges and then succumbed or killed by splinter of blasting .Therefore, in view of the above facts, you are requested to kindly put fresh conditions to the project regarding Blasting( it is a specific condition No 1 in Panam HEP clearance) that all Blasting should be stopped till a reputed independent agency is appointed to install necessary equipment to measure the intensity and ensure that blasting are carried out in controlled Manner. Further, an independent Agency should also survey and compute all the damages done so far by the blasting and also makes specific financial provisions to compensate any damages till now and in future including loss of human lives. Finally punitive action and not financial penalty should be taken against the concerned company and individual on duty for any violation resulting in damages, particularly losses of lives.

2. As per the Environment clearance the responsibility of implementation of Environmental safeguard rest with the state govt. There is a serious draw back with this as there is the possibility of local pressure on the officials here. Moreover, the state Government officials are dependent on the company for logistic support like guest house, vehicles, hiring of private house etc. it is also seen that many sincere officials are not able to perform their duties as many influential people are involved with the construction and policy matters. The regional office shillong also haven’t made frequent visit or public/physical monitoring of the project whereas 50% of the work had been completed.

Further, the various committee set up for the monitoring and other purposes are made of people who are also contractors under the company and most of the members don’t have the basic knowledge about the project and they area chosen only on political consideration. Therefore, a more independent committee need be constituted to monitor all aspects of the projects. The members should be preferably from outside the state and have to be independent of Govt / company. The local representative should not be at least contractor /supplier under the Company.

3. The R/R has been a complete farce under the Teesta stage III. The company had showered flower petals over Singhik school function from a helicopter under the of R/R!!!! The Public so far is clue less about the provisions of the R/R, there has been no free prior information in this regards and even the members of the committees have been saying that they have never been called for any meeting. Recently some money was distributed by the Districts collectorate, but people had no clue why they were receiving the money and there was serious disparity in allocation of relief and the officials never made any effort to brief the affected citizens of the issue, thus causing serious tension in the villages. Further, the people are very surprised how an NGO by the name of Bhavishya Bharat Foundation had been brought in to carry of the R/R plan. The company never gave any opportunity for the local NGOs to be part of the Plan. Now it is believed large sum of R/R fund is mainly spent on salaries of the executives of the NGO. The R/R should actually be directly dealt with the Local people, Panchayat and district administration without any intermediary. There is urgent need to monitor the R/R provisions and rectify all that has gone wrong till date for the Proper implementation of the Project. Otherwise the sufferings of the people will further increase and contribute to tension in the already disturbed border area. The R/R should be carried out by the govt agencies and local NGOs/women Self help groups etc and that the NGO (Bhavishaya Bharat) should be relived from this work.

4. As per the clearance a fresh appraisal has to be sought in case of change of scope of work in the project since Teesta III has abandoned one adit and made other changes (copies with the CEA). Process of Fresh appraisal should be started immediately.

Submitted with the hope that our humble request will be granted by the committee for the sake of the country and the people.

Thanking You,

Yours faithfully

Tseten Lepcha

Working President

Affected Citizens of Teesta

“Tasso Lee” Munshi Colony, Development Area

Gangtok, Sikkim. Cten00@gmail.com

COPY TO:

1. All members of the EEAC

2. Dr S. Bhowmick, Additional Director, MoEF. New Delhi.

Letter from ACT to Minister of MOEF

AFFECTED CITIZENS OF TEESTA

BL House, Tibet Road Gangtok Sikkim.

To,

Shri Jairam Ramesh,

Honorable Minister,

Environment and Forest,

Government of India

New Delhi

SUB: REQUEST TO UPHOLD THE SANCTITY OF LAW OF THE COUNTRY

BY IMPLEMENTING THE FINDINGS OF THE CARRYING CAPACITY

STUDIES OF TEESTA BASIN.

Hon’ble Sir,

With due respect I, the undersigned on behalf of Affected Citizens of Teesta an organization of citizens affected by the Mega Hydro electric power projects in Teesta basin, would like to state these facts for your kind information and further necessary consideration.

That our organization has been making all out effort to save the country’s rich Bio-diversity and it poor indigenous citizens from irreparable destruction and exploitation in name of Development. For the purpose of highlighting the various urgent issues we had undertaken a hunger strike of 915 days at Gangtok and represented to various departments and leaders.

That, all the citizens and civil society groups particularly those working in the field of social Justice and environment were over joyed when the Ministry of environment while granting the Environmental Clearance to NHPC for the development of Teesta Hydro electric Project stage V on 19 May 1999, had stated vide specific conditions xii. “No other Project in Sikkim will be considered for environmental clearance till the carrying capacity study is completed”. The studies were conducted by various highly respected institutions of the country and experts. The cost of the entire studies was whopping Rs 5 crores of Public Money.

1. However, all our faith in the officials of the Ministry was shattered when environmental clearance were given to M/S Teesta Urja ltd for development of Teesta HEP stage III (1200 MW) and to M/ S Himagri Hydro Energy Ltd for the development of Panam HEP(300 MW) before the carrying studies were completed. Thereby the Ministry without any valid justification violated the specified conditions.

2. Further, when the studies were finally completed and the recommendations were accepted by the Ministry, letter was sent to Sikkim Govt stating that No Hydro electric Power projects would be implemented beyond Chungthang, in North Sikkim. This meant that 5 Projects were to be stopped and accordingly activities in all the 5 projects were been stopped. This step by the Ministry was highly appreciated and welcomed by one all except those vested interests that have political /financial stake in the project. But again much to our dismay and despair the Ministry has decided to reopen the case and the Expert Appraisal committee on River valley & Hydro Electric Projects is to hear a presentation by the Govt of Sikkim on 18/19 Jan 2010 meeting of the EAC on behalf of the power Developer to over turn the recommendations of the historic studies. If this also happens then it will be the last nail in coffin in the effort to protect and preserve the rich biodiversity along with the poor uncared human inhabitants, who have been continuously neglected and betrayed for the sake of few Vested Interests. All faith in the Law of the land will be lost and the ultimate irreparable destruction of rich biodiversity will start. Then everyone can remain merely a witness to it but will not be able to do anything.

Therefore, on behalf of all those poor primitives tribes who are already undergoing tremendous suffering inflicted by these mega destructive projects and those who are going to be affected I, would like to request your good self and all the Hon’ble members to rise to the occasion and restore the faith of the people in the law of the land by upholding the last opportunity to protect Our land and people by making the recommendation of the Carrying studies final and no scope of any change be permitted thereby stopping all Hydro electric power projects above Chungthang.

Further, some facts are placed for information and reference:

A) The three large villages that will be affected by these projects are :-

Lachung, Lachen and Chungthang. Chungthang is predominately inhabited by the Lepcha primitive Tribes, Lachen and Lachung are inhabited completely by the Indigenous Bhutia tribes.

The Power house of BOP HEP(99 MW) will be located within two Km of the damsite of Teesta HEPP stage III but the water of the dam will be within half a km of this powerhouse. 35% of landed properties of the Lepchas were acquired by the Army,Border roads and state Govt. agencies, almost 30% of good cultivable land has been acquired by Teesta HEP stage III. If this project comes then by and large the primitive tribes will be left with very little land to live on. Further the implementation of Teesta stage III has already caused serious damage to the environment and social fabric of the people. The rampant uncontrolled blasting has disturbed the young mountains; further blasting will cause serious threat to lives and properties as the boulders from the ridges might fall off and cause destruction. As it has been revealed through various studies that once so many Mega projects are implemented in these area, the demographic changes are tantamount to human right violation as all rights of the indigenous people are trampled.

Further, No one has taken in consideration of the cumulative impact of 10 mega projects on the people and the small geographical area.

Lachen & Lachung: These two village having more than 2100 voters in each village is the last bastion of ethnic Bhutia civilization. It is only in these two villages that the Traditional system of local self governance by the name of “Dzomsa” is legally practiced. This unique system has two headmen, titled as “Pipon” they are assisted by two “gyapons” who functions as publicity secretary. Most of disputes and even criminal cases have been sorted out through traditional system. The basic source of livelihood has been agriculture and animal husbandry (nomads) by rearing yaks, sheep and cows etc.

As such if these mega projects are implemented these unique people and their system will be obliterated for ever. Further, like in Chungthang, there is very little land left after the good ones were taken by the Army and Border Roads organization. Moreover the terrain being very steep most of the land are not fit for cultivation and if what little is left is also taken away then these people will surely be landless and strangers in their own land.

Another glaring problem with these tribes, who are more or less forest dwellers, is that most of their landed properties have been recorded as Govt land as no proper Land survey has been conducted. The cadastral survey undertaken in 1952 never reached these areas, the one taken in 1978-79 was incomplete as Sikkim was in the transition from Monarchy to Democracy. There were too many fears and apprehension that dissuaded the People form getting their land recorded and so most of the landed properties remained in the Govt name. To rectify these, the Govt of Sikkim had Initiated the Cadastral resurvey and settlement operation of these villages in 1996..but even after 15 years, the title of the landed properties still remain with the Govt. so if the these landed properties are taken away forcefully by the Govt then the innocent villagers will not even get their compensation.

Finally, the Govt of Sikkim is already developing hydro projects with the capacity of around 3000 MW. For now the balance has been totally in favor of projects and the concerns of the Environment have been completely overlooked. The energy need of the state should suffice by these projects and there is the threat of contributing to global warming by these excessive projects further, These 5 Projects being in very cold region might not even function properly. The NHPC had infact abandoned the Project in Lachung region after many years of testing & survey. It is very alarming and surprising that how a private company whose expertise is in making bottles can develop Hydro projects there.

We are also aware of one company by the Name of ATPIL that ran away without developing the projects and instead put the state govt under huge debt of more than 80 crores.

These are some of the Instance due to which if the Mega projects are implemented the consequences will be disastrous for the people for no fault of theirs.

So once again we would like to request you to kindly protect and save the last bio-diversity hot spots and the Primitive tribes from being subjugated and exploited in their own home land.

Thanking You,

Yours Faithfully

(Tseten Lepcha )

Working President,

“Tasso Lee” Munshi colony,

Development Area, Gangtok, Sikkim

E-mail: cten00@gmail.com, Cell Phone: 9434033777