t 1

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

3)(

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.

-4

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