Environment Support Group ®

S-3, Rajashree Apartments, 18/57, 1st Main Road, S. R. K. Gardens,

Jayanagar, Bannerghatta Road, Bangalore 560 041. INDIA

Telefax: 91-80-6341977/6531339

Email: esg@bgl.vsnl.net.in Website: http://www.altindia.net/esg/index.htm 

Regd. Post/Ack. Due

 

Mr. V. Rajagopalan

Jt. Secretary (IA)

Ministry of Environment and Forests

Government of India

Paryavaran Bhavan, CGO Complex

Lodi Road

New Delhi 110001

 

                                                                                                                        18 June 2002

 

RE: Access to Compliance Report of Bangalore Mysore Infrastructure Corridor Project promoted by Nandi Infrastructure Corridor Enterprise.

 

Dear Mr. Rajagopalan,

 

We write in relation to the Bangalore-Mysore Infrastructure Corridor Project (BMICP).  As you may be aware, the BMICP was accorded a Consent for Establishment “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). 

 

Per Clause (xi) of “General Conditions” of the clearance accorded by MoEF, “A six-monthly monitoring report shall be submitted to the Regional Office of this Ministry at Bangalore regarding the implementation of the stipulated conditions.”

 

Per Section IV of the EIA Notification, we requested Dr. Sathya, Addl. Director (Scientific) of the Southern Cell of the Ministry of Environment and Forests in Bangalore, to share with us a copy of the compliance report of NICE in the BMICP.  Dr. Sathya is of the view that she cannot share this document to any public person, and it could only be accessed from the Impact Assessment Agency, that is your office in Delhi. 

 

Keeping this position in view, which we are informed is the status of response with regard to any project all over the country, it could be inferred that access to this document in particular, and such documents in any given case, would be impossible, as most organisations or individuals would not have the capacity to travel to Delhi only to inspect a document. 

 

In the present instance, NICE has announced to the press that the BMIC project would commence shortly.  We are of the view that many of the conditions have not been complied with, and this may create serious problems for both the environment and human settlements affected, and also reflect rather adversely on the capacity of regulatory agencies to force project developers into complying with orders issued.  The express reason for us to review the NICE compliance report on BMICP should be viewed in this context.

 

Consequently we request you to issue a direction to all Regional Offices and Pollution Control Boards, that all compliance reports for any project must be made available to the public, including even through the district environment offices or local offices of the Pollution Control Boards.

 

In view of the Rio+10 conference scheduled later this year, and keeping in view India’s obligations under Agenda 21, we hope you will take effective action in this regard at the very earliest. 

 

Thanking you,

 

Yours sincerely,

 

 

 

Leo F. Saldanha                                                                     

Coordinator                                                                            

 

Cc.:

  1. Dr. Sathya, Addl. Director (Scientific), MoEF, Southern Cell, Bangalore
  2. Chairman, Central Pollution Control Board
  3. Chairman, Karnataka State Pollution Control Board

 

 

EIA NOTIFICATION Section IV states:.”In order to enable the Impact Assessment Agency to monitor effectively the implementation of the recommendations and conditions subject to which the environmental clearance has been given, the project authorities concerned shall submit a half-yearly report to the Impact Assessment Agency. Subject to the public interest, the Impact Assessment Agency, shall make compliance reports publicly available.”