NEAA report and CEC observations
1998 : The port area being under CRZ - I(ii) in accordance with CRZ notification dtd 19.2.1991 [2], GOO applies for environment clearance to the Ministry of Surface Transport for the Dhamra Port Expansion Project [1], the mandated authority as per powers delegated by the MOEF vide notification dated 9th July 1997, wherein the Empowered Committee for Environmental Clearances (ECEC) for port projects was constituted by the MOST comprising of experts from both MOST and MOEF for this purpose.
The ECEC undertook two years of scrutiny as described below before the environment clearance was granted as described below -
[1] MOEF notification 9.6.97 : “Provided that for expansion or modernization of existing ports and harbours including fishing harbors, operational constructions for ports and barbours and construction of jetties, wharves, quays, slipways, Single Point Mooring and Single Buoy Mooring; and for reclamation for facilities essential for operational requirements of ports and harbors in areas within the existing port limits, except the areas classified as category CRZ – I (i), shall require environment clearance from the GOI in the MOST, which shall take decision on these activities on the basis of the EIA report.
[2] As per clause 6(1) of the Coastal Area Classification and Development Regulations under the CRZ notification 1991, all area between low tide line and high tide line is classified as CRZ – I throughout India. However this does not prohibit the construction of ports in this area. As per clause 3(2)(ii) Constructions of ports and harbours are permitted in CRZ areas. Further it must be noted that all ports in this country can be constructed in some intertidal zone only (classified as CRZ – I) |
11.12.98 : One of the first voices of dissent, Mr. Banka Bihari Das (Orissa Krishak Mahasangh) writes to MOEF against giving Environment Clearance to Dhamra port bringing up the issue of turtles among other contentions. Causing the GOI to seek clarifications from the GOO on these contentions.
18.12.08 : The ECEC (Empowered Committee for Environmental Clearances [MOST]) in its seventh meeting calls for further clarifications including that of the location of the port.
30.12.98 : Govt of Orissa replies to the Government of India along with Further addendum to EIA covering the final location Report of Chief Wildlife Warden of Orissa [30.12.1998] confirming that the site of the proposed port is outside the boundary of Bhittarkanika Wildlife Sanctuary, further that the sanctuary is separated from the port site by the Dhamra river and further that no crocodile is seen on the coast close to the port. The report also confirms that the proposed port site is away from the Olive ridley nesting site at Gahirmatha by as much as 15 kms as the crow flies and 30 kms by water route. This report also confirms that there is no other endangered marine life in the close vicinity of the proposed port site and that there is no likelihood of the port affecting the nesting of the sea turtles.
Addendum on Updated Impact Assessment
Addendum on Updated Environment Management Plan.
14.01.99 : The Govt of Orissa clarifies to the GOI the CRZ status of the port site, which is CRZ-I(ii).
02.02.99 : GOO further clarifies to GOI on points raised by Shri Banka Bihari Das Along with copies of original notification of the Dhamra port dated 30.3.1881 and 9.6.1931 Communication from the Ministry of Defence conveying their no objection to the project
09.02.99 : GOI seeks further clarification from GOO.
27.09.99 : GOO furnishes clarifications along with Communication from the Director, Environment on CRZ status Copies of original notification of the Dhamra port dated 30.3.1881 and 9.6.1931 Communication from the Ministry of Defence conveying their no objection to the project Further addenda to the EIA in respect of EIA of new navigation channel. EIA with respect to Marine Living Resources Plan on Greenbelt development
8.11.1999 : Ultimately after due scrutiny and examination, in the 11th meeting of the ECEC for port projects it was decided to grant environment clearance for the Dhamra port project.
04.01.2000 : MOST conveys the Environment Clearance of GOI to GOO after 2 years of submission of EIA
31.03.2000 : The Beach Protection Council, Orissa files appeal with the National Environment Appellate Authority (NEAA) with contentions raised regarding the competency of the MOST to grant environment clearance, on the CRZ status of the area and it being detrimental to olive ridleys. It may be noted that NEAA is the same body that would have reviewed clearance had it been issued by MOEF.
7. 05. 2000 : In a detailed order by the NEAA describing the due inquiry conducted, the NEAA dismisses the appeal filed by the Beach Protection Council concluding that the environment clearance granted was well within the powers delegated to the MOST and having found “no mangroves or forests or breeding grounds of turtles” and “With the area between the High Tide Line and the Low Tide Line to be covered by Dhamra Port Expansion Project being of clay soil and very sticky and could never become a breeding centre for turtles”
Key Note :The following issues have clarified by Key Institutes of Govt of India in the above 2 years process of environmental clearance for Dhamra Port
1.The NEAA is a Appellate Authority constituted and empowered by the NEAA Act 1997, (http://enfor.nic.in/legis/others/envapp97.html) specifically empowered and mandated to admit appeals by affected parties on environmental clearances granted by the Central Government. In its order it also scrutinized the CRZ classification, the competency of ECEC (MOST) and conducted examination of witnesses and exhibits submitted to the NEAA. Hence the allegation that the Environment Clearance is not from the correct authority has already been esamined and dismissed.
2. Further the issue of Turtle breeding has been clearly dealt by NEAA and the authority very clearly stated that the Dhamra Port area could never become a turtle breeding ground
3. As far as Bhitarkanika National Park is concerned, the same is south of river Dhamra and is not likely to be affected by the port. To quote from the report of the Chief Wildlife Warden, Orissa referred above, this park “is separated from the proposed project area by the Dhamra river. No crocodile is seen on the coast close to the port.”
4. The CEC adverse observations (no recommendation) remarks in Feb 2004 on Dhamra Port was made without any reference to NEAA findings. Presumably because they were not aware of the NEAA findings at the time of remark. The reference in their observation to ships having to pass through turtle congregation also shows that all the facts regarding the location of the port and alignment of channel was not brought to their notice. Subsequently the Government of Orissa also replies to the CEC inviting latter’s attention to exercise completed in respect of environmental clearance, visit of NEAA and actual location of port stating that it is not necessary to shift the location of the port. |
