RE: Conditional Clearances for Bangalore-Mysore Infrastructure Corridor Project issued by KSPCB and MoEF

Dear Dr. Aggarwal,

We write in relation to the Bangalore-Mysore Infrastructure Corridor Project (BMICP). As you may be aware, the BMICP was accorded a No Objection Certificate “from the water and air pollution control point of view” by the Karnataka State Pollution Control Board (KSPCB) on 01 August 2000 (vide Order No. KSPCB/CFE/DEO-2/AEO-2/2000-2001/208) and the expressway component of this project was accorded conditional environmental clearance by the Ministry of Environment and Forests (MoEF), New Delhi on 08 August 2001 (Order No. J-21012/39/2000-IA-III). We wish to enquire as to the stage of compliance with the conditions listed in both these clearances.

In view of the recent statement by Mr. Ashok Kheny, Managing Director of Nandi Infrastructure Corridor Enterprises Ltd (NICE) that the project will start ”in a month” (Times of India, June 12, 2002, copy enclosed), it is imperative that all conditions stipulated by the MoEF and the KSPCB are at the minimum satisfied in order to ensure the public interest.

We would appreciate it greatly if you could please confirm whether the conditions laid down in the clearances have been conformed with by NICE. We have listed the conditions with questions referring the exact clause for ease of reference. Enclosed is a copy of our representation dated 17 June 2002 to the KSPCB in this regard for your perusal. We would also like to recall our detailed representation to you of 27 August 2001, wherein comments and clarifications were sought on various conditions set out in the aforesaid clearance.

The MoEF clearance (No. J-21012/39/2000-IA-III) states:	Compliance Questions:
“1320 families are likely to be affected as a result of the project”. [Preamble]	Has there been any specific study to confirm the exact number of displaced families by the project?
“All the conditions stipulated by Karnataka State Pollution Control Board vide their letter No. KSPCB/CFE/DEO-2/AEO-2/2000-20001/208 dated 11^th August 2000 shall be effectively implemented.” [Clause (i) of the “Specific Conditions”]	Has the KSPCB confirmed that all the conditions per NOC accorded have been conformed with?
“Fly ash shall be used to the extent possible in the construction of the project. For the purpose, an action plan identifying the specific power plants from where the fly ash/bottom ash will be taken and the quantities thereof, which could be utilized in the project shall be prepared and submitted to this Ministry within 3 months” [Clause a (xi) of “Specific conditions”]	Has this condition been complied with in due time? If so could we be informed of the nature of the agreement and with which power plant? Is the project in compliance with the policy on fly ash reuse as defined in the National Fly Ash policy?
“Accident mitigation measure and the procedure to be followed in emergency situation should be detailed and information furnished to this Ministry within 3 months.” [Clause (xii) of “Specific Conditions”]	Has this information been supplied to MoEF in the due time?
“Adequate number of underpasses shall be provided in the portion of the alignment passing through habitations.” [Clause (xiii) of “Specific Conditions”]	Has there been any commitment from NICE in this regard?
“Adequate Avenue Plantation shall be carried out all along the alignment and specific allocation of funds shall be made in this regard. Details in this regard will be furnished within 3 months.” [Clause (xiv) of “Specific Conditions”]	Has this information been supplied to MoEF in the due time?
“The project-affected people, if any, should be adequately rehabilitated and the details in this regard should be furnished to the Ministry.” [Clause (vii) of the “General Conditions”]	Has any specific agreement been reached in this regard? Is the MoEF satisfied with the adequacy of the package?
“Adequate financial provision must be made in the project to implement the stipulated safeguards” [Clause (viii) of “ General Conditions”]	Has this provision been made in the BMIC proposal, especially considering Mr. Kheny’s statement that the project is close to financial closure.
“Full support should be extended to the officers of this Ministry/Regional Office at Bangalore by the project proponents during their inspection of the project for monitoring purposes by furnishing full details and action plan including action taken reports in respect of mitigative measures and other environmental protection activities.” [Clause (x) of the “General Conditions”]	It appears that the Southern Regional Cell of the MoEF is yet to initiate action in this regard. Would it not be difficult then to suggest further measures as may be required for environmental protection?
“A six-monthly monitoring report shall be submitted to the Regional Office of this Ministry at Bangalore regarding the implementation of the stipulated conditions.” [Clause (xi) of “General Conditions”]	Has this report been submitted by NICE? Per the EIA Notification, has a copy been made available for public review? The Southern Regional Office of the MoEF claims that this document can only be supplied by Delhi, is there any other possibility of accessing this document?
“The project proponents shall inform the Regional Office as well as the Ministry, the date of financial closure and final approval of the project by the concerned authorities and the date of start of land development work.” [Clause (xv) of “General Conditions”]	In view of Mr. Kheny’s statement adverted to above, has this condition been met with fully?

Considering the fact that National Human Rights Commission is reviewing the case filed with regard to human rights violations in the “Public Hearings” “held” with regard to this project, we request you to respond to this representation at your earliest convenience.

Thanking you,

Yours sincerely,

Leo F. Saldanha Nagini Prasad

Coordinator Campaigns Coordinator

Cc:

1. Secretary General, National Human Rights Commission (Law Division), New Delhi

2. Chief Minister, Government of Karnataka

3. Union Minister for Environment and Forests

4. Union Minister for Social Justice and Empowerment

5. Minister for Public Works, Government of Karnataka

6. Leader of Opposition, Lok Sabha

7. Leader of Opposition, Rajya Sabha

8. Leader of Opposition, Karnataka State Council

9. Leader of Opposition, Karnataka State Assembly

10. Deputy Chairman, Karnataka State Planning Board

11. Experts of the MoEF Clearance Committee on Infrastructure

12. Spl. Secretary (IA), Ministry of Environment and Forests, Govt. of India

13. Jt. Secretary (IA), Ministry of Environment and Forests, Govt. of India

14. Chief Secretary, Government of Karnataka and Chair of the Empowered Committee on BMIC

15. Chief Conservator of Forests (Southern Cell), Ministry of Environment and Forests, Government of India

16. Principal Secretary, Public Works Department, Government of Karnataka

17. Principal Secretary, Dept. of Industries, Government of Karnataka

18. Principal Secretary, Dept of Infrastructure and Urban Development, Government of Karnataka

19. Principal Secretary, Dept. of Ecology, Environment and Forests, Government of Karnataka

20. Principal Chief Conservator of Forests, Karnataka State Forest Department

21. Chairman, Karnataka State Pollution Control Board

22. Chairman, Bangalore Water Supply and Sewerage Board

23. Secretary, Ministry of Social Justice and Empowerment, Government of Karnataka

24. Secretary, Ministry of Road Transport and Highways, Govt. of India

25. Secretary, Ministry of Finance, Govt. of India

26. Secretary Department of Company Affairs, Govt. of India

27. Secretary, Ministry of Urban Development, Govt. of India

28. Chairman, Foreign Investment Promotion Board, New Delhi

29. Ministry of Surface Transport, Govt. of India

30. Special Land Acquisition Officer, BMIC Project, Karnataka Industrial Area Development Board