To,
Justice YK Sabherwal
Chief Justice of India
5 Krishna Menon Marg
New Delhi 110011

Subject: High Court foundation laying in Imphal in violation of EIA norms

Sir,

1. With due regards, I, on behalf of the Citizen's Concern for Dams and Development (CCDD), a forum for environmental groups, activists, media persons and academics in Manipur, take this privilege to appraise you that the Foundation that you are going to lay for the High Court complex in Imphal is in violation of the Environment Impact Assessment Notification, 1994 of Environment (Protection) Act, 1986 and its subsequent Amendments of 1997 and 2004.

2. For your information, the Government of Manipur (GoM) without any proper plan decided to build a project known as Capital Project (CP) consisting of an Assembly Hall, a Secretariat, a High Court complex and residences for Members of Legislative Assembly. Without even a Detailed Project Report (DPR) and its accompanying EIA/EMP and clearance from the Ministry of Environment and Forest (MoEF) the GoM filled up one of the only two remaining community wetland in Imphal, the capital of Manipur. The earth required for this filling was also illegally obtained from the adjacent Cheiraoching hill, which is part of a Reserved Forest. Unofficial information available to us indicates that the forest has not been de-reserved till now.

3. The destruction of the forestland and the wetland was done to be in time for the Honorable Prime Minister, Shri Manmohan Singh visit and who laid the foundation for the said project 23 Nov 2004. Prior to the arrival of the PM to Imphal, CCDD also faxed a letter to the PMO as well as to the MoEF so that the PM does not lay the foundation as it has severely violated an Act. It is not clear whether the state had given proper information to the PM or that the PM knew about the violation but decided to lay the foundation!

4. As a response to our request in correcting this violation, the MoEF sent a letter to GoM (Annexure A) asking the state government to ensure that the project gets the mandatory clearances from the MoEF. However, you may note here that the violations were already done before the MoEF sent the above letter.

5. A Rapid Environmental Impact Assessment and Management Plan (Annexure B) was hurriedly prepared by the Manipur Pollution Control Board (MPCB) and announced a Public Hearing (PH). Even though the MPCB is not the right authority to prepare an EIA/EMP at the same time conduct a PH, neither was the EIA/EMP available in time nor prepared in local language, a public hearing was nevertheless held. At the hearing, the residents clearly rejected the project as they felt that it has been imposed and lacks proper planning. Months latter, when MPCB was requested to make available - the Minutes of the hearing, the officer concern at MPCB Mr. Maniketan (Senior Scientific Officer) informed that the minutes has been sent to the government and that the MPCB does not maintain records of such papers.

6. Meanwhile, once CCDD got the EIA/EMP, a detailed critique (Annexure C) was prepared for discussion with the affected people as well as for submission to the MoEF, MPCB and others in the state. The Chief Justice may note here that it will be almost impossible to even concoct an EIA as the wetland was destroyed before the preparation of EIA. It is beyond doubt that the EIA was prepared after the letter from MoEF.

7. By now, the would be affected persons of Chingmeirong and Thangmeiband stepped up their protest against the project. As a result of this protest and the severe critique of the EIA/EMP, the GoM bifurcated part of the project on the other side of the Cheiraoching. This created another resistance from the new site known as Lei Ingkhol. A relay fast has been on since April 2005 and is still continuing. In short, the Government of Manipur has not only disturbed the peace of the previous site but also created another chaotic situation for the new site as well. For almost 10 months there was silence from the government.

8. In a way to avoid EIA norms, the GoM diverted part of the project to Lei Ingkhol. This is where the Foundation for the High Court will be laid. CCDD had several discussions on this issue with several people in India as well with the experts in MoEF who opines that breaking up of projects into smaller parts after violations is not in accordance to law. And this cannot be done unless a proper justification is provided to the Ministry and that either separate or the project as a whole is cleared by the Ministry.

9. Interestingly, on further enquiry, the same Mr. Maniketan of the MPCB also informed Mr. Ramananda Wangkheirakpam of CCDD (in February of 2006) that EIA/EMP is newly prepared by the Environment and Ecology Department (Wing) of the Government of Manipur. It is also known from the same source that the GoM previously approached the Registrar of Manipur University to prepare a new EIA/EMP. However, it is not known why the GoM decided to ask its own Department to prepare an EIA/EMP. It is clear from this that the EIA/EMP, which is being submitted to MoEF for clearance consideration by the GoM, is not the one which was made public and for which Public Hearing was held. This may be noted as one big fraud by the Government.

10. With utmost sense of irresponsibility and open violation, the GoM has begun their construction work of the Assembly Hall from 11 January 2006. Executed by a Delhi firm Simplex Infrastructure Ltd. the fencing work has been already completed and that there are several activities at the site such as drilling and markings for pillars. The decision to go ahead with construction with the full knowledge that the project has not obtained environmental clearance speaks volumes of the attitude of the state government.

11. We understand from the MoEF website that the said project is now under examination by the Expert Committee for clearance. We are certain that the GoM is making every effort to not only mislead the people of Manipur but also MoEF in this matter. Believing in the Ministry's effort in protecting the environment from ill-conceived and destructive projects, we have appealed to the MoEF to take appropriate measures so that the violators will be punished. While we understand that Manipur is a 'far flung' area and may be difficult for the Central Ministry as well as the Supreme Court to keep tap of all violations, we at least seek that concerned citizens groups' appeal to you will be heard.

12. We would also like to point out that the Foundation that the Hon'ble CJI is going to lay has already been laid by the PM himself way back in 2004. The only difference is that the PM laid it for all the components of the Capital Project while the one the CJI will lay is just for a component of the project! This indeed will be news for the PM, and we consider this new move by the GoM as only a way to divert the attention and mislead its citizens, the MoEF and CJI included.

13. CCDD express certainty that a cautious consideration and a prompt response towards respecting existing environmental developmental norms by all parties in developmental initiatives will contribute in fulfilling the obligations of the Government of India in securing a sustainable development based on the respect of rights, equity, social and environmental justice and accountability in India.

14. Considering all the above concerns and violations we request you not to lay the foundation for the High Court in Imphal, Manipur until proper clearances is obtained from the MoEF.

Thanking you for your patience and consideration.

Ramananda Wangkheirakpam
(on behalf of Aram Pamei)
Co-Convenor, CCDD

You may also kindly contact our Delhi CCDD representative
Ramananda Wangkheirakpam
Intercultural Resources
C-72, II Floor, South Extension - II
New Delhi 110049
Tel: 11-55665677, 9810339721

Annexures:

A. MoEF letter to Government of Manipur
B. Rapid Environmental Impact Assessment and Management Plan prepared by MPCB
C. Critique of B. prepared by CCDD

CC: -

1. MoEF Regional Office (Shillong)
2. The Chief Secy. Government of Manipur, Manipur
3. Commissioner, Environment & Forest, Govt. of Manipur
3.4. The Chief Minister, Government of Manipur
4.5. The Member Secretary, Manipur Pollution Control Board, Manipur
5.6. The Senior Scientific Officer, Environment and Ecology Wing, Manipur
7. Chairman, Manipur Pollution Control Board.