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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PIL No. 61/2015 (Ghy.) PIL No. 10 (AP)/2014
Karunath Pazing & Ors Petitioners -Vs-
The State of Arunachal Pradesh & Ors Respondents
BEFORE HON'BLE THE CHIEF JUSTICE (ACTING) MR. K. SREEDHAR RAO
HON'BLE MR JUSTICE P. K. SAIKIA
For the Petitioner Mr. T. Tapak, Mr. T. Tabing, Mr. T. Tamuk. For the Respondent : GA. AP, Mr. M. Pertin, C.G.C., Mr. A. Goyal (R-17), Mr. A.
Choudhury, Mr. K. Choudhury, Mr. P. Baruah, Mr. P. Bora (R- 5), Mr. A. Chetia (R- 5), Mr. P. Deka (R — 5).
Date of Order 06-08-2015.
ORDER
4:6- 4
Lei z '15 6
Sd/- P.K. Saikia JUDGE
Memo No.
Sd/- K. Sreedhar Rao CHIEF JUSTICE (Actg.)
/PIL Dated VI
Chief Justice(Acting) The Arunachal Pradesh government is directed to issue public notification in 2-
3 newspapers widely circulated in Arunachal Pradesh and Assam about the pendency of this PIL, giving the gist and contents and the prayer in the petition so that the general public may be made aware of the problems raised in the petition and those interested may intervene and come on record.
as
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Cop forwarded for information and necessary action to 1 he State of Arunachal Pradesh, represented by the Ch. Secretary, Govt. of
Arunachal Pradesh, Itanagar. 2. The Secretary (Power) Govt. of Arunachal Pradesh, Itanagar. 3. The Chairman, Arunachal Pradesh State Pollution Control Board, Itanagar. 4. The Union of India represented by the Secretary (Ministry of Power) Shram
Shakti Bhawan Rafi Marg, New Delhi. - 5. The Chairman & Managing Director, NEEPCO Ltd., Brookland Compound,
Lower New Colony, Shillong — 793003 (Meghalaya) 6. The Chairman & Managing Director, NHPC Sector — 33, Faridabad — 121003
(Haryana).
Ct7)1A,P6,y,,Qt
By Order
Deputy Registrar (Judicial-II) Gauhati High Court, Guwahati
6
GOVERNMENT OF ARUNACHAL PRADESH OFFICE OF THE SR. GOVT. ADVOCATE
GUAHATI HIGH COUIRT ITANAGAR PERMANENT BENCH
NAHARLAGUN
No. SGA/AP/2014/
Dtd. Mg. the '1 )1\.
To,
oiA9 CKL4 A4
P l t- Sub:WPfc) No. C ( (AP)20Kit filed by
- Versus - The State of A.P and Ors.
Sir,
P I L_ Please find herewith a writ petition cdpy, , filed by the above mentioned writ
petitioner before this Hon'ble High Court. The matterwas listed/heard today the
................
The Hon'ble High Court after hearing both the parties has issued Notice/Rule returnable within (__Qi)c weeks.
In interim order, till further order of this Hon'ble Court the impugned order dated Shall remain stayed/suspended. 0_2-4 1
rt.5( `Visi(e-
e Therefore, you are requested to furnish parawise comment with CD and
synopsis of the matter, if any, to the undersigned office within 4.C.T.TPIA...weeks for ) filling counter affidavit after the same has been vetted by the Law Department.
N.B : All the relevant Annexures are to be
Made 5 sets for filling affidavit.
\pewt_
Yours Sincerely,
(Allot on. Achiocate Gau a i High Coati!.
Itinagar PotaiMVO 1.14,11 Nabarlavun
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SYNOPSIS
The petitioners are indigenous Adi tribes of the Siang valley
who are directly affected by the hurried and reckless signing of as
many as 233 MoAs / MoUs by the government of Arunachal
Pradesh with various power developers inclusive of nearly 50 Nos. of
MoAs over Siang river and its tributaries of which the latest one is
Siang upper Stage - II (3,750 MW), signed on 28 - 05 - 2013. They
represent a large tribal community who are disadvantaged, poor,
illiterate and are under the veil of ignorance of their rights and
obligations. Of late there has been huge public uproar against
proposed construction of Mega dams over Siang River and its
tributaries. Many individuals, pressure groups, NGOs and groups of
societies have been fighting tooth and nail against such
misadventure. Towards that end repeated representations
/complaints had been submitted to the respondent authorities for
redressal of their legitimate grievances first, but to no avail. Instead
of involving the local populace and instead of assessing impacts of
such a large scale Mega dams the respondents are lending their
deaf ears and are arrogant and adamant to go ahead with the
construction of Mega dams in the mighty Siang river.
Hence, this PIL for a direction to cancel / recall over 50 plus
MoAs including the one dated 28 - 05 - 2013 and for a direction to
inquire, investigate and to prove by the CBI, SIT or any other
competent Investigative Agency upon the expenditure / lavishing
of the non - refundable premium received in crores by the state
government out of the 50 plus MoAs with Power Developers.
Filed by:
Advocate
DISTRICT: EAST SIANG
IN THE GAUHATI HIGH COURT:
(THE HIGH COURT OF ASSAM: NAGALAND:
MIZORAM & ARUNACHAL PRADESH)
ITANAGAR BENCH
(CIVIL EXTRA ORDINARY JURISDICTION)
PIL (A.P)/2014
IN THE MATTER OF:
A Public Interest Litigation
CATOGORY OF CODE:
CATOGORY OF CASE:
To,
The Hon'ble Shri Abhay Manohar Sapre, BA (Hons), LLB,
The Chief Justice of the Gauhati High Court and
His Lordship's other Companion Justices of the said
Hon'ble Court.
IN THE MATTER OF:
A Public Interest Litigation Under
Article 226 of the Constitution of India
for issuance of a wrif in the nature of
mandamus and/or any other
appropriate writ, order or direction of
the like nature against proposed
1
2
construction of various stages of
Hydro Electric Projects over Siang
River in the East Siang, West Siang
and Upper Siang Districts of
Arunachal Pradesh.
-AND-
IN THE MATTER OF:
A Public Interest Litigation against
reckless, rampant and secret signing
of 233 plus MoAs / MoUs for
construction of Hydro Electric
Project, more particularly 50 plus
H.E.P in the Siang river and its
tributaries by the respondent
authorities without competitive
bidding / global tender and without
consent of the indigenous dwellers,
traditional land owners and grass
root institutions.
- AND -
IN THE MATTER OF:
Violation of Article 21 and 14 of the
Constitution of India, and failure on
the part of the respondent
authorities in considering and taking
into account the legitimate
grievances of the indigenous people
of the Siang Valley.
- AND -
IN THE MATTER OF:
Signing of a fresh MoA for execution
of Siang Upper stage - I & II Hydro
Electric Project (3750 MW) on Siang
River instead of addressing /
redressing the public outcry against
the proposed Lower Siang Hydro
Electric Project first.
- AND -
IN THE MATTER OF:
For setting aside and quashing of the
malafide, arbitrary and deceitful 233
plus MoAs including the one dated
28 - 05 - 2013 entered into between
the state of Arunachal Pradesh and
Power Developers against the
interest of the public and Project
affected people of Arunachal
Pradesh, more particularly the
indigenous people of the 3 (three)
Siang Districts.
- AND -
IN THE MATTER OF:
1. Mr. Karunath Pazing
S/o Mr. Takang Pazing
R/o Rasing Village
3
PO/PS Boleng
East Siang District
Arunachal Pradesh
2. Mr. Tagori Mize
S/o Mr. Tamer Mize
R/o Riga (Ugeng) Village
PO Riga, PS Boleng
East Siang District
Arunachal Pradesh.
3. Mr. Tongin Nopi
S/o Mr. Oin Nopi
R/o Simong Village
PO/PS Yingkiong
Upper Siang District
Arunachal Pradesh.
4. Mr. Ten Tekseng
S/o Mr. Onok Tekseng
R/o Simong Village
PO/PS Yingkiong
Upper Siang District
Arunachal Pradesh.
5. Mr. Yasung Nitik
S/o Mr. Yombo Nitik
R/o Rasing (Tuting) Village
PO/PS Tuting
Upper Siang District
Arunachal Pradesh.
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6. Mr. Gammut Nijo
S/o Mr. Ambo Nijo
R/o Tuting Town
PO/PS Tuting
Upper Siang District
Arunachal Pradesh.
7. Mr. Dunggo Libang
S/o Mr. Anup Libang
R/o Simong Village
PO/PS Yingkiong
Upper Siang District
Arunachal Pradesh.
8. Mr. Oni Panyang
S/o Mr. Okek Panyang
R/o Pongging Village
PO/PS Geku
Upper Siang District
Arunachal Pradesh.
(Common cause of action)
... Petitioners
- VERSUS -
1. The state of Arunachal Pradesh
represented by the Chief Secretary,
Govt. of Arunachal Pradesh,
Itanagar.
5
2. The Secretary (Power) Govt. of
Arunachal Pradesh, Itanagar.
3. The Chairman, Arunachal Pradesh
State Pollution Control Board
Itanagar.
4. The Union of India represented by
the Secretary (Ministry of Power)
Shram Shakti Bhawan Rafi Marg,
New Delhi.
5. The Chairman & Managing Director,
NEEPCO Ltd., Brookland Compound,
Lower New Colony, Shillong - 793003
(Meghalaya).
6. The Chairman & Manaaging
Director, NHPC Sector - 33
Faridabad - 121003 (Haryana).
7. M/s Jaiprakash Associates Ltd. JA
House 63, Basant Lok, Vasant Vihar,
New Delhi - 110 057.
8. M/s Reliance Power Ltd. H Block, 1st
floor, Dhirubhai Ambani Knowledge
City, Navi Mumbai - 400 710.
9. M/s DS Construction Power Ltd. A-
97/98, Lajpat Nagar Part - I New
Delhi - 110 024.
7
10. M/s Velcan Energy Holdings Ltd.,
G-77, Sujan Sing Park, New Delhi -
110 033.
11. M/s Raajratna Energy Holdings
Pvt. Ltd. 8-2-293/A/A/2 & 1, Plot
227, Road No.2 Banjara Hills,
Hyderabad - 34.
12. M/s Raajratna Metal Industries Ltd.,
909, Sakar-III, Near Income Tax,
Ahmedabad - 380 014 Gujrat.
13. M/s Adishankar Power Pvt. Ltd. C-
79, South Extension Part-II, New
Delhi - 110 049.
14. M/s Abir Construction Pvt. Ltd. C-
Block, Ground Floor, Plot No.14,
Factory Road, Adjoining Safdarjung
Hospital, New Delhi - 110 029.
15. M/s Satyam (North East) Hydro
Power Ltd. N-S-52,Banderdeva -
791 123, Arunachal Pradesh.
16. M/s Yamne Power Pvt. Ltd., 6-3-
1090,TRS Tower, Rajbhawan Road,
Somajiguda, Hyderabad - 500 082,
Andhra Pradesh.
17. M/s L & T Power Development Ltd.,
L & T House, NM Marg, Ballard
-8 8)
Estate PO Box - 278, Mumbai - 400
001.
18. M/s Chadalavada Construction (P)
Ltd. 3-988/19, SBH Colony, Srinagar
Colony Post, Hyderabad - 500 074.
19. M/s NANO EXCEL POWER
CORPORATION LTD. 5-35-103, I.E.
Prashanti Nagar, Kukatpally,
Hyderabad - 500 072, Andhra
Pradesh.
20. M/s Supereco India Pvt. Ltd.
B1/1334, Vasant Kunj, New Delhi -
110 070.
21. M/s Sarda Eco Power Ltd. 5-35-103,
Placebo Complex, Prashant Nagar,
I.E. Kukatpally, Hyderabad - 509
072.
22. M/s Meenakshi Infrastructures
Pvt. Ltd., Meenakshi House, 8-2-418,
Road No.-7, Banjara Hills,
Hyderabad - 500034.
23. M/s Asana Power Projects Flat No.
502, 8-3-945, Srinilaya Estate,
Ameerpet, Hyderabad - 500 073,
Andhra Pradesh.
24. M/s Abhyudaya Power (P) Ltd., 3/1
Loudon Street, Kolkata - 700017.
25. M/s Saisudhir Energy Ltd., 401, G.P.
Elite, 8-2-283/4, Road No. 14
Banjara Hills. Hyderabad - 500 034,
Andhra Pradesh.
26. M/s BSS Arunachal Energy
Development Pvt. Ltd., C/o Nabum
Tuki House, Polo Colony
Naharlagun, Arunachal Pradesh -
791 110.
... Respondents
The humble petition of the
petitioners above named.
MOST RESPECTFULLY SHEWETH:
1. That the above named petitioners are citizens of India and a
permanent residents of Upper Siang and East Siang District, of
Arunachal Pradesh as such they are entitled to all the rights
and privileges guaranteed under the constitution of India and
laws framed thereunder. The writ petitioners has no personal
interest in the present Public Interest Litigation and that the
petition is not guided by self gain or gain of any other person/
institution/ body and there is no motive other than that of
public interest in filing this writ petition.
2. That it is learned through application of RTI and obtaining of
relevant documents that the government of Arunachal
Pradesh has been randomly, rampantly, hurriedly and
secretly inking MoAs / MoUs with power developers without
free, prior and informed consent of the indigenous land
holders and dwellers of the proposed river basins of different
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places of Arunachal Pradesh, of which the recent most is the
MoA dated 28 - 05 - 2013 in the form of 3,750 MW Siang -
Stage II bypassing all norms and sanctity and by bulldozing
the legitimate concerns of the affected citizens.
A copy of the MoA dated 28 - 05 -
2013, a list of 150 projects allotted to
various power companies and a
map showing proposed project sites
are annexed hereto as Annexure-I,
1(a) & I (b) .
3. That out of 233 MoAs / MoUs signed by the government of
Arunachal Pradesh, more than 50 projects are proposed in
the Siang river and its tributaries only, some of which are
shown in Annexure - I (a) and numbered as serial No.
3,4,5,6,7,23,24,25,26,43,44,45,46,47,59,60,63,64,68,80,81,86,93,1
06,107,108,121,123,125,127,131,136,137,142,143,144,145,146,14
7 & 148.
4. That the said negligent and ignorant attitude of the State
government is only for selfish gains and to fill the pockets of
the rich and industrial mafia which will actually damn the fate
of the common man. It is tantamount to planning a disaster
rather than bringing a development for the citizens of the
state. Arunachal will even be like Jharkhand, Orissa and
Chhattisgarh which are among the richest states of India, but
have the poorest tribal population.
5. That though the affected people of the concerned areas are
aware of these misadventures on the part of the government
and the power corporate for their selfish gains, most of these
project affected people are incapable of accessing and
approaching the court by themselves. And, that is why the
instant petitioners are representing the poor, illiterate and
ignorant citizens of the Siang valley to uphold the rights of the
project affected people whose ancestral land, properties
and traditions are at stake now.
6. That most of the aggrieved indigenous dwellers of the
proposed project site do not have any adequate measures
of access to judicial system for redressal of their legitimate
grievances. The ignorant and peace loving tribal populace of
the area as well as directly affected persons of the said
projects, and their fundamental rights is also substantially
invaded. Further, there are serious apprehensions of imminent
danger of further invasion of their fundamentals rights in the
approaching days to come.
7. That the petitioners are connected to, and members of anti -
dam movement in the form of Forum for Siang Dialogue,
Siang People Forum, Siang Bachao Federation, Mebo Area
Bachao Committee, Save Arunachal Forum, Lower Siang
Project Affected People Action Committee, Dam Affected
Peoples Forum etc. Neither the writ petitioners nor the above
mentioned groups and organizations are against
development of their area, but any development should be
people friendly, eco - friendly, transparent and sustainable in
nature.
8. That the local people has been expressing their strong
sentiment before the state and the central government as
well as the project authorities by submitting repeated
petitions, letters and memoranda's, but the government and
the project authorities are simply lending their deaf ears
towards the affected people. Even some unwilling, reluctant
and half hearted responses in some occasions are
inadequate and not satisfactory.
Some copies of public
memorandum vide dated 20 - 06 -
2009, 13 - 11 - 2010, dated nil and
dated 08 - 04 - 2012 are annexed
hereto as Annexure - II, 11 (a), 11 (b)
and 11 (c).
31. That there has been report of rampant misuse of corporate
money and resources in the Parliamentary, Assembly and
Panchayat Elections. The instant acts on the part of
respondents are hasty, non - transparent and discriminatory
towards the local tribal. Processing fee and upfront premium is
being received in crores by the state government for
allotment of Hydro Electric Project till this day.
A copy of revenue accrued from
2005 to 2013 is annexed hereto as
Annexure - III.
9. That the petitioners states that apart from signing of more
than 233 power projects, the respondent authorities have
recently signed a fresh MoA of power projects in the name
and aegis of Siang Upper Hydro Power Project stage I and
stage II, the site of which is being proposed near Gogging 0
Uggeng village near Riga in East Siang District of Arunachal
Pradesh.
A copy preliminary feasibility report
dated nil showing the project detail
is annexed hereto as Annexure -IV.
10. That the petitioner No. 1 herein being a social activist has
been rendering his selfless service to the poor, ignorant and
helpless public by way of giving awareness regarding affects
of Mega dams in different part of the world. He is an
occasional periodical writer in News papers and Journals. His
articles are occasionally published and widely read in Local
Dailies of the state.
SOCIAL AND CULTURAL IMPACTS
That the petitioners states that large numbers of Mega dams
without proper assessment of cumulative impact will displace
many people directly by submergence and the same are
likely to displace many people by affecting forest resource,
river, private land and community land. There is also strong
apprehension about the resettlement of the affected people
who are emotionally bonded and attached with Mother
Nature in the form of traditional forest, land and rivers.
12. That the petitioner states that the customs, traditions and the
very character of local tribal community will be facing severe
adverse impact with reckless signing of MoAs / MoUs and
proposal of construction of numerous dams in the rivers of
Arunachal Pradesh. More so, there will be large influx of
outsiders and refugees which will badly affect the ecological
and sociological equilibrium of the tribal populace who are
the 'First Users' of the rivers including the revered mighty Siang
River. Over and above, the state of Arunachal Pradesh found
to be highly seismic zone by the Geologists, Scientists and
Researchers. This raises serious concerned about the safety of
the dams itself and the neighboring areas, especially the
downstream areas.
A copy of research report by H.K
Gupta and K. Rajendran on
Himalayan dams and seismicity is
annexed hereto as Annexure -V.
13. That the affected people of the Siang valley has been
vehemently opposing the unscrupulous and rampant
proposal of building of Mega Hydro Power Projects over Siang
River, which will create adverse impact on more than 60
villages of the Siang valley. In various movements, meetings,
dharnas and seminar the affected villagers has expressed
their serious reservation and resentment.
Some copies of list of affected
villagers and chronology of
movements are annexed hereto as
Annexure - VI & VI (a).
14. That according to a finding of the World Commission on
Dams (WCD) indigenous people and downstream dwellers
suffers the most from the devastating impact of dams. Over
and above, the benefit of such dams largely goes to the rich
while the poor people bear the costs.
15. That it is pertinent to mention hereon that even a study done
by Project Appraisal and Management Division (PAMD),
Planning Commission, Govt. of India from the Institute of
Economic Growth, University of Delhi, Hydro Electric and
Mining Projects cause irreparable losses on bio - diversity, rare
forests and eco - system. And due to sediment - entrapment
and methane emissions there is increase of landslide and
water borne disease such as Malaria.
A copy of comments / views
furnished by PAMD, Planning
Commission, Govt. of India is
annexed hereto as Annexure - VII.
16. That out of 7 (seven) lakh indigenous tribal population of the
state only 25,000 - 30,000 inhabitats in the Siang valley which
will be automatically outnumbered by the outsiders once the
proposed 50 plus Hydro Projects commences. As such, the
social fabric of the peace loving society of the Siang valley will
be highly disturbed and the same may ultimately lead to
social unrest and chaos in the near future because of the
irresponsible and negligent attitude of the respondent
authorities.
A copy of population census of the
year 2011 is annexed hereto as
Annexure - VIII.
17. That India is one of the Countries which signed the Convention
on Biological Diversity. The said Convention has issued
guidelines for the conduct of cultural, environmental and
social impact assessment regarding developments to be
taken place, or which are likely to affect on sacred sites, lands
and waters traditionally occupied or used by indigenous and
local community. Being a signatory to the Convention on
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Biological Diversity the Union of India has violated the terms &
conditions of the Convention in the instant case.
A Copy of Convention of Biological
Diversity is annexed hereto as
Annexure - IX.
INTERNAL DISTURBANCE vis - a - vis EXTERNAL INFLUENCE
18. That there is always a genuine apprehension that any internal
disturbance arising out of anti - dam movement in Arunachal
Pradesh may even lead to external influence from
neighbouring countries like China, Bhutan and Myanmar. Such
discriminatory attitude on the part of the political leadership
and corporate contractors may compel the local youths to
take arms as a last resort, like Maoists and Naxalites. Therefore,
Judicial intervention on the part of this Hon' ble Court will surely
wipe out tears of the poor tribal of the state and will bring
smile on their faces.
19. That the indigenous Abor (Adi) tribes of the Siang valley,
where mega dams are proposed are known for strict
resistance against outsiders since time immemorial. They are so
much attached and bonded with their land and rivers that
they consider the rampant, reckless and unscrupulous
proposal of dams over Siang river as a kind of neo -
colonialism and imperialism on the part of the mainland India.
FLOOD / LANDSLIDE /METHANE EMISSION
20. That the petitioners further states that the reckless construction
of major dams over Siang river will have serious social and
environmental impacts like destruction of resources,
destruction of ecological balance, destruction of culture and
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identity etc. The river Siang which is also known as
Brahmaputra is the only male river in India as per the Nectar of
knowledge, the Vedas of the Hindus. As such, the river Siang
or Brahmaputra is highly destructive and is known for causing
flood, flash flood and soil erosion. As Ganga is the most
revered river for Hindus, so is the river of Arunachal for tribes of
Arunachal Pradesh. These rivers, if provoked will cause
disasters in the downstream places of Assam like Dhemaji,
Tinsukia, Silapathar, Jonai etc.
21. That the petitioners submit that Construction of Hydro Power
Project leads to loss of forest and its submergence in reservoirs.
On perusal of the Kanchan Chopra Committee Report on Net
Present Value presented to the Hon'ble Supreme Court of
India shows that benefit of the forest remain unaccounted in
NPV calculation includes:
(I) Wildlife Protection, (II) Disease control, (III) Flood
moderation, (IV) Detoxification, (V) Spiritual, recreational,
educational and communal value, (VI) Biodiversity and (VII)
Nutrient cycle.
A Copy of Kanchan Chopra
Committee Report submitted to the
Supreme Court of India is annexed
hereto as Annexure - X.
22. That the Geological Survey of Japan has been conducting
the ASIAN DELTA PROJECT since 1996, mainly over the Yellow
River, Pearl River, Red River, Mekong River and Chao Pharaya
River. In such survey and research it has been found that
discharge of sediment has become less than 10% because of
Construction of Dam.
-18-
A Copy of ASIAN DELTA PROJECT is
annexed hereto as Annexure - XI.
23. That the petitioners submit that Hydro Powers are not
environmentally clean as assumed and propagated by the
corporate lobbies and corporate houses. According to study
by International Rivers Network, the average amount of
methane gas released by tropical storage of Hydro Electric
Project is less than emission released from Thermal Power Plant.
Thermal Power Project rather includes cost of buying carbon
credit to neutralize these gas emissions, whereas emissions
from Hydro Electric Project are not accounted for.
A Copy of documents from
International River Network is
annexed hereto as Annexure - XII.
EARTHQUAKE / NATURALLY HIGH SEISMICITY
24. That the petitioners further submit that the already high natural
seismicity of Arunachal Pradesh, more particularly the Siang
Valley bordering China will be enhanced by reservoirs. As
such, the people of Siang Valley will be deprived of their right
to life and to live without fear of human - induced earthquake
in the making of Hydro Power Dam in the Siang Valley. Even
there is greater chance of landslide and greater havoc during
earthquake because of this destabilization of hillside in present
of Hydro Power Project in the locality.
A Copy of report about the
Akosombo Dam of Ghana is
annexed hereto as Annexure - XIII.
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25. That the Great Earthquake of 1950 is still fresh in the minds of
the indigenous dwellers of the Siang valley, and construction
of dams will further induce such disasters, that is why they
have been fighting tooth and nail against construction of
dam over Siang river since 1978, when the Brahmaputra Flood
Control Board (BFC) first tried to dam the mighty Siang river.
ECOLOGICAL IMBALANCE / HEALTH HAZARDS
26. That the petitioners calculate the social and economic cause
and consequence of Hydro Electric Project such as;
(a) Deprivation of minor produce from hills submerged in
reservoir and inducing of seismicity due to making of
reservoir.
(b) Increase incident of landslide due to tunneling in the
mountain.
(c) The increase in water borne diseases such as malaria
because of building of reservoir in dams and barrages.
(d) Loss of biodiversity due to obstruction of migratory path
of fishes, submergence of forest land etc.
(e) Deprivation of minor produce from river such as sand,
gravel, stone and fisheries.
27. That the reservoir resulted out of Hydro Power Dam leads to
ideal breeding ground for mosquito and snails which are the
carrier of water borne diseases such as bilharzias and malaria
and installment of dam will lead to remarkable increase of
these diseases in the proposed area.
28. That it is mentioned in article 48 - A under Constitutions of
India that "the state shall endeavor to protect and improve
the environment and to safeguard the forest and wild life of
`,2,) -20-
the country and article 51 - A (g) which proclaimed it to be
fundamental duty of every citizens to protect forest, lakes,
rivers and wildlife and to have compassion for living creatures.
Many geologists, seismologists and scientists has opined that
building of dams may lead to deforestation, landslide, global
warming and disasters.
The findings and recommendations
of World Commission on Dams is
annexed hereto as Annexure - XIV.
29. That the temperature of the given area where dams are built
ultimately decline with building of reservoir and has negative
impact on yielding of crops and overall health of human
being, thereby reducing the crop, livestock and imposing to
additional health threat.
PROTECTORATE AND SENSITIVE BORDER STATE
30. That Arunachal Pradesh is a protectorate state under The
Bengal Eastern Frontier Regulation, 1873 for which Inner Line
Permit is issued to the outsiders for entrance in this highly
sensitive state. The state has only 13 (Thirteen) lakh population
out of which only about 7 (Seven) lakh are indigenous tribals.
Any development in this vulnerable state should be people
friendly and protective, people friendly, eco - friendly and
sustainable.
31. That among the tribes / sub tribes of Arunachal Pradesh the
traditional land holding system is strongest of all in the Siang
valley. More so, the state of Arunachal Pradesh where Nehru -
Elwin Policy of protective development is in operation through
various constitutional and customary safeguard such as the
Bengal Eastern Frontier Regulation, 1873, the Assam Frontier
(Administration of Justice) Regulation, 1945 etc. And any
development in a young and highly sensitive border - state
like that of Arunachal should be initiated with utmost care and
caution in the best interest of the nation.
32. That the Petitioners further state that Article 21 of the
Constitution of India guarantees Right to Life and to live in a
healthy environment. The construction of disproportionate
Dams over the River Siang and its tributaries will be
tantamount to violation of the Constitutional provision which
are suppose to be enjoy by the tribal populace of the Siang
Valley.
33. That most of the projects, including the one at hand which is
under challenge lacks transparency and have been planned
and projected without any prior information and involvement
of the project affected people. It seems that even provisions
as mentioned in the Environment (Protection) Rules, 1986 has
been ignored, undermined and subjugated by the
respondent authorities. As per the provisions of said
notification environmental clearance must be accorded in
accordance with the National Environment Policy.
A copy of the notification dated 14 -
09 - 2006 issued by Ministry of
environment and forest is annexed
hereto as Annexure -XV.
SUSTAINABLE / ALTERNATIVE DEVELOPMENT
34. That the Petitioner submits that Mother Siang is the soul of their
cultural heritage and they cannot sacrifice it for the benefit of
- 22 -
few corrupted politician and power corporate who are hand
- in - gloves to loot and exploit Mother nature for their selfish
gains. There are better options of sustainable, eco - friendly
and people friendly development in the field of Horticulture,
Agriculture, Animal Husbandry, Medicinal and Aromatic
plants, Fisheries etc for which Arunachal is famous throughout
the world.
35. That there are other means for production of electricity like
thermal, nuclear and others non- conventional methods that
may be encouraged to the state for generation and supply of
electricity to the use of public. Instead of adopting such
alternative means the respondent authorities are misleading
the people of Arunachal Pradesh by presenting that such
project will be beneficial for the economic progress of the
country by making Arunachal, the power hub of the country.
36. That the developed country like that of the United State of
America is removing dams to enhanced economic growth
but still that country being pioneer in the field of economic
growth is economically becoming stronger and stronger even
by discouraging and by removing Hydro Electric Projects.
A copy of the report dated 21 - 05 -
2007 is annexed hereto as Annexure
- XVI.
37. That the Petitioners submit that they like any others right
thinking citizen are infavour of speedy progress and
sustainable development of the country. They also support
harnessing of natural resources for economic development of
the country and for improving the living standard of the
- 23 -
peoples. However, the constitution of India imposes certain
absolute injunction on the state which stands at a higher level
than the right to development.
38. That the petitioner states that by filing the instant PIL they have
no axe to grind. There is no personal interest involved on their
part and that they have preferred it pro bono publico against
the reckless signing of MoAs / MoUs between the Power
corporate and the state governments who are taking the
peace loving tribal for a ride and are taking their innocence
for granted.
39. That the petitioners have not filed any other petition or suit in
regard to the same subject matter either before this Hon'ble
Court or before any other forum except, the instant PIL. They
have also not suppressed any material facts before this
Hon'ble Court.
40. That the petitioner states that this is a fit case to be interfered
with by this Hon'ble Court, on failure of which the ignorant,
poor and illiterate public of the Siang valley in particular and
Arunachal as a whole will suffer irreparable loss and injury.
41. That the petitioners demanded justice but the same has been
denied to them.
42. That there is no other equally efficacious alternative remedy
and the remedy sought for, if granted would be just,
adequate and proper.
43. That this petition is filed bonafide for ends of justice.
-24-
In the premises stated above it is
therefore prayed that Your Lordship
may be pleased to admit this
petition, call for records, issue Rule
calling up on the respondents to
show cause as to why a Writ in the
nature of Mandamus or any other
appropriate Writ, direction or order/
orders should not issued:
i) to direct the respondent
authorities to conduct
widespread discussion
consultation and in - depth
assessment of the project impacts
with the participation of the
affected people of the Siang
valley covering the 3 (three)
districts of East Siang, Upper Siang
and West Siang before starting
any kind of construction of
activities over Siang river and its
tributaries.
ii) to issue a writ of mandamus
directing the CBI, SIT or any other
competent Investigative Agency
to prove into the expenditure /
lavishing of the non - refundable
upfront premium received in
crores by the Govt. of Arunachal
-26-
Pending disposal of the Rule Your
Lordship may be pleased to stay/
suspend the operation of the
impugned MoA dated 28 - 05 -
2013, and to restrain the
respondents No. 5 to 26 from
payment of further upfront
premium / expenditure and
signing of any fresh MoAs / MoUs
against the Siang river and its
tributaries until further order from
this court.
And for this act of kindness the
petitioners as in duty bound shall
ever pray.
... Affidavit
-27-
AFFIDAVIT
I, Shri Karunath Pazing, aged about 41 years, S/o Takang
Pazing, R/o Rasing Village, P.O/P.S Boleng, District East Siang,
Arunachal Pradesh, do hereby solemnly affirm and declare as
under:
1 That I am the petitioner No.1 in the instant writ petition, I am
fully conversant with the facts and circumstances of the
instant case, I have been authorized by the others petitioners
to swear this affidavit on their behalf and as such I am
competent to swear this affidavit.
2. 1 have filed the present petition as a Public Interest Litigation.
3. I have gone through the Gauhati High Court (Public Interest
Litigation) Rules, 2011 and do hereby affirm that the present
Public Interest Litigation is in conformity thereof.
4. If petitioner have/ has no personal interest in the litigation
and neither myself nor anybody in whom I am/ petitioner is
interested would in any manner benefit from the relief sought
in the present litigation save as a member of the general
public. This petition is not guided by self-gain or gain of any
person, institution, body and there is no motive other than of
public interest in filing this petition.
5. I have done whatsoever inquiry/investigation which was my
power to do, to collect all data/ materials which were
available and which were relevant for this court to entertain
the present petition.
28 -
6. I further confirm that I have not concealed in the present
petition any data/ material/ information which may have
enabled this court to form an opinion whether to entertain
this petition or not and/ or whether to grant any relief or not.
7. That the statements made in this affidavit and in paragraphs
are true to my knowledge,
and those made in paragraphs
being matter of records of the
case are true to my information derived there from which I
believe to be true and those made in the rest are my humble
submission made before this Hon'ble Court.
And I sign this affidavit on this day of 2014
at Naharlagun.
Identified by:
Advocate DEPONENT