‘Issue is Pursuing Development With Environmental Sustainability’: Former PM Envoy on Climate Change

Ex-foreign secretary Shyam Saran has called for an urgent survey of settlements facing land subsidence in an article on the sinking of Joshimath.

New Delhi: As the sinking of Joshimath unfolds in the Himalaya, the “real issue” has always been about ensuring that development goes together with environmental sustainability, Shyam Saran, former foreign secretary and Prime Minister’s Special Envoy on Climate Change, wrote in Business Standard on January 17.

Saran, a Padma Bhushan awardee who also led the team that put together the country’s first National Action Plan on Climate Change in 2008 and served as the Chairman of the National Security Advisory Board, added that while religion and defence have been used to push forward several developmental projects in the Himalaya, it would be good to remember that “respecting religious sentiments should not mean constructing six-lane highways” in the mountains. Moreover, improved access to these remote areas for defence needs – by neglecting environmental norms which could in turn cause disasters – could cut communication channels over the long term too, he wrote. He called for an urgent 

‘Grave injustice’ to deny development

Joshimath, a hill town in Uttarakhand and part of the Himalaya mountain range, has been in the news lately for the land subsidence, or sinking of land, that it has been witnessing. Cracks have appeared on houses, shops and roads, and hundreds have been relocated to safer grounds. 

Shyam Saran

Experts have pointed out that such regions in the Himalaya are located in a geologically fragile area. Joshimath, especially, is located on an ancient landslide. It is also situated in a seismic zone – as many areas in this region are – because the Himalaya is a young mountain range still undergoing uplift. Therefore, major construction activities have to take this into account, they have maintained.

Activists and scientists have also pointed out that numerous developmental projects — including hydel power projects and the unscientific widening of existing roads — have destabilised land in the area. Near Joshimath, for instance, the National Thermal Power Corporation (NTPC) was conducting blasting and tunnelling work for the Tapovan Vishnugad hydropower project until they brought it to a halt when the issue of land subsidence emerged in early January.

One cannot deny development to people living in remote mountain areas and doing so would be tantamount to “grave injustice”, said Saran, in an article for Business Standard on January 17. The “real issue has always been about pursuing development in keeping with environmental sustainability”, he wrote.

Recommendations not followed?

He highlighted how the first ever National Action Plan on Climate Change – which he led, as the PM’s Special Envoy on Climate Change – had, therefore, included a National Mission for Sustaining the Himalayan Ecosystem as one of the eight national missions. 

“The mission document emphasised that the “Himalayan ecosystem is vital to the ecological security of the Indian landmass”, which includes preservation of rich biodiversity, providing water security as the world’s third ice pole after the Arctic and the Antarctica and influencing weather patterns throughout the subcontinent,” he wrote. He also added that various follow up actions were also recommended after this. This included inventorying pilgrim sites in the Himalayan zone across the state, and scientifically estimating each site’s carrying or load-bearing capacity in terms of numbers of pilgrims it can accommodate daily and yearly.

“The tragedy of Joshimath, which is likely to become uninhabitable, demonstrates the perils of ignoring the key metric of the carrying capacity of the fragile Himalayan ecology,” he wrote.

Another recommendation included permitting road constructing roads only beyond 10 kilometres from protected pilgrim sites, so as to create “an ecological and spiritual buffer zone” with minimal human interference; and discouraging the unplanned growth of settlements. Road construction that is undertaken should be ‘green’ and key guidelines included for this included mandatory environmental impact assessments for all roads and highways of more than 5 kms in length, including the extension and widening of existing roads. Road construction plans needed to include provision for the disposal of debris from construction sites, to avoid blocking natural drainage in the construction zone. 

“The rampant neglect of this rule has led to water-logging in upstream areas and water scarcity in downstream areas in many parts of the Himalayan region,” he wrote.

Since the Himalaya are still seismically unstable, it was also recommended that hydropower projects be only run-of-the-river, which, unlike larger hydel dams, have little or no storage capacity, he added.

Overlooking environment and geology

In recent times, authorities have used “the twin demands of both religion and defence” to overlook “environmental and terrain considerations” while undertaking infrastructure development in the Himalayan zone.

“Respecting religious sentiments should not mean constructing six-lane highways to sacred pilgrim spots deep in the Himalayas,” he wrote in the Business Standard. Moreover, the improved access to these remote areas for defence – that is enabled easily by neglecting environmental norms which could in turn cause disasters – might be counterproductive as more disasters in future could cut communication channels over the long term too.

“There is an urgent need to undertake a detailed survey of such settlements [facing subsidence] by multi-disciplinary expert teams, both to understand the nature and scale of the challenge that confronts us and what we need to do to both halt and then reverse the disturbing trends that are intensifying day by day,” he wrote.

‘Unjustified’: Experts Write to PM Modi Against Hydro Projects in Ganga Himalaya

In 2014, the Union environment ministry agreed with an expert recommendation that HEPs shouldn’t be erected in paraglacial zones.

Bengaluru: A group of more than 60 experts and prominent citizens have written to Prime Minister Narendra Modi against his government’s decision to restart construction of seven hydroelectric power (HEP) projects in the Ganga-Himalaya. In 2014, a committee called Expert Body I, put together on the Supreme Court’s direction, strongly recommended against building HEPs in paraglacial zones. The Union environment ministry expressed support for this decision in an affidavit it filed with the Supreme Court that year, adding that future decisions on the matter would have to have “strong and sound” scientific backing. However, the letter states that the Modi government’s new decision to resume construction of the seven projects, six of which lie in paraglacial zones or their buffer areas, lacks any scientific support and should be rolled back.

The experts’ letter is reproduced in full below, followed by the list of 64 signatories (as on September 10, 2021, 1:55 pm). Some notable endorsers include Ramachandra Guha, Medha Patkar, Ravi Chopra and C.P. Rajendran.

***

Open Letter to the Prime Minister, Minister of Environment and media:

Restarting seven under-construction hydro projects in Ganga Himalaya unjustified

Recently the MoEF&CC has recommended restarting the construction of seven under-construction HEPs in Uttarakhand namely Tehri II (1000 MW), Tapovan Vishnugad (520 MW), Vishnugad Pipalkoti (444 MW), Singoli Bhatwari (99 MW), Phata Byung (76 MW), Madhmaheshwar (15 MW), and Kaliganga II (4.5 MW). The news came as a shock to citizens, devotees and environmentalists who have been struggling since over a decade to preserve our national river Ganga and the Himalaya. The deeply felt concern over the fate of these two pivotal ecological systems and defining symbols of Indian culture, compel us to write this letter. Not the least, as a citizen, it is also our constitutional duty ‘to protect and improve India’s natural environment’.

In the past the MoEFF&CC has strongly supported and concurred with the findings of Expert Body-I (EB I), a body formulated on the directions of the Supreme Court, which found that HEPs aggravate disasters and cause irreversible environmental damage. The MoEFF&CC stated in its affidavit (5/12/2014) ‘that it was a cause of pain, anguish and outrage that so many lives had been lost and properties damaged.’ Therefore, it said any decision on HEPs should be on ‘very strong and sound footings with scientific back up.’ In direct contradiction to this the only reasons given for restarting these projects is that ‘a substantial progress and sizeable investment’ has been made.

Six out of the seven projects (except Tehri Stage II) recommended, lie in para-glacial zones, or in its buffer. The EB-I Report had explicitly highlighted the dangers of building dams in the para-glacial zone, now understood as the region upstream of the MCT. Several scientific publications thereafter have also supported the EB-I recommendation against building dams in these areas. The destruction of the Vishnuprayag, Phata-Byung and Singoli Bhatwari HEPs in 2013 whereas the Rishiganga and Tapovan Vishnugad HEPs in February 2021 are recent examples.

The Madhmaheshwar and Kaliganga HEPs are proposed on virgin rivers in a para-glacial zone. Scientific publications in the recent years have highlighted that small para-glacial tributaries are more destructive than the main rivers. For example, the most severe destruction in 2013 was caused by Khiro Ganga, and in 2021 by Raunthi Gad and Rishiganga. Following the June 2013 disaster, Madhmaheshwar and Kaliganga rivers are virtually clogged with sediment. These sediments are likely to get mobilized during extreme hydro meterological events thus likely to impact the Singoli- Bhatwari HEP, whose barrage is located barely a few hundred meters below the confluence of Madhmaheshwar ganga with the Mandakini river as happened with the two HEPs in February 2021.

Phata-Byung and Tapovan-Vishungad can in no way be considered as 50 per cent complete. They have suffered extreme damage, and lie buried under debris even to this day. Their upstream geomorphology and catchment ecology is completely obliterated compared to what it was when the projects were designed and approved. They would require detailed fresh investigations, new DPRs and fresh clearances if they were to be considered for reconstruction. Local reports suggest that Vishnugad-Pipalkoti construction too, is under 50 percent. Tehri 2 HEP, if constructed, would immediately recycle the river water that emerges out of Tehri 1 dam without allowing for even a minimal stretch of flow in which the Ganga could revive herself. Studies by NEERI have found that Tehri 1 has already compromised the self-purifying property of Gangajal. Tehri 2 would only deteriorate it further.

Glaciers in the Himalaya are retreating faster than the global average. Hence the increased frequency of downstream flooding, glacial lake floods, and other disasters is expected. We have recently witnessed Rishi Ganga HEP being wiped out in minutes by the flooding in the Rishiganga River. Tapovan-Vishnugad and its tunnels was buried under tonnes of debris minutes later, and still remains in a deplorable condition. Labourers lost their lives in a tragic and horrific manner and many dead bodies could not even be retrieved from the tunnel. ICIMOD had already predicted in 2009 that, ‘Valuable infrastructure, such as hydropower plants, roads, bridges, and communication systems, will be increasingly at risk from climate change. Entire hydropower generation systems established on many rivers will be in jeopardy if landslides and flash floods increase, and hydropower generation will be affected if there is a decrease in the already low flows during the dry season.’

Fresh designs, costs of the damages suffered and reconstruction will make the power produced by Phata Byung and Tapovan-Vishugad prohibitively costly, especially when compared to the cheap solar power available today. The price of recovery in the valley after 2013 Kedarnath flood was estimated at Rs.6,259 crore (aprox 1.1 billion dollars). Perhaps the MoWR is already aware that the power production costs at Tapovan-Vishnugad and Singoli Bhatwari have currently escalated to Rs.23/unit and Rs.16/unit respectively.

Given all these facts, reports and studies, it would be a profound error, indeed a self-defeating exercise, to implement any more HEPs in the Himalaya and on the Ganga, whether under construction, new or proposed. The life security of our people is at stake here, and is paramount. The Himalaya are the sentinels of India and river Ganga supports almost half a billion people in its basin. The Ministry of Jal Shakti has submitted that, ‘along with the conservation of water flow, the protection of the catchment area, the forest cover and the protection of overall biodiversity is much needed because the eco system services of the Ganga-Himalayan basin is extremely significant and have a direct and indirect impact on the overall food and water security and climate conditions of the entire nation.’

We strongly emphasise that the world is in the grip of a climate change crisis. The recent IPCC report has declared a ‘Code Red’ for humanity. It has particularly cautioned that India will be among the hardest hit nations.

In our hearts and minds is also ever present, the deaths of, Baba Nagnath, Swami Sanand, and Swami Nigamanand who sacrificed their lives in prolonged fasts, to ensure the aviralta and nirmalta of Mother Ganga.

Our collective Conscience and Science both demand that the decision to restart these seven projects be reversed, keeping in mind many factors that have been ignored, in the best interests of our nation and the stated goal of the government to rejuvenate the Ganga. There are alternatives for electricity generation but there are no alternatives for our age long cultural and civilizational identity- the Ganga and the Himalayas.

The PMO has already taken a welcome and judicious decision in its meeting of 25/2/2019, that:

  1. No new hydro-electric project shall be taken up on River Ganga and Its tributaries in the State of Uttarakhand.
  2. All projects in which the work has not started on the ground shall be dropped. c. Considering the revenue and opportunity lost to the State of Uttarakhand, it was decided that the State of Uttarakhand may be compensated for the projects which are being dropped and on which work has already started.’

We conclude with the observation of the Jal Shakti ministry itself: ‘As may be seen from the views of experts and expert organizations indicated in the foregoing para, the HEPs will adversely affect the ecology of the Himalaya, leading to an irreversible loss to the Himalayan eco system and to the national river Ganga which is the nation’s identity and symbol of faith and heritage.’

We sincerely hope that you will reconsider the recent MoEF&CC recommendation to restart the construction of the seven HEPs.

Yours Truly,

By Dismissing Petition on Chamoli Floods, Uttarakhand HC Ignored Environmental Concerns

On July 14, the Uttarakhand high court imposed a fine of Rs 50,000 on five petitioners who were seeking cancellation of two hydropower projects, which were sites of death and disaster during the Chamoli flood in February.

The Rishiganga river that flows near Raini village in Uttarakhand is no more the meek river it once was. The remains of damaged hydropower structures and the dead that remain buried in its vicinity, never to be found, bear witness to the flooded river that gushed through the valley and ravaged the area on February 7 this year.

At least 204 people had died in the flood, and two hydropower projects – 13.2 MW Rishiganga near Raini, and 520 MW Tapovan Vishnugad near Tapovan village – were completely damaged. The economic losses from damages to the projects alone exceed Rs 1,625 crore. On July 24, Saturday night, parts of the Tapovan Vishnugad project’s tunnel near Selang village, along with a lot of equipment, were damaged in a landslide. The evaluation of losses from the recent damages was pending at the time of filing the report.

Parts of the Tapovan Vishunagad project’s tunnel were damaged in a landslide on July 24. Photo: Special arrangement.

Six months after the flood, three people from Raini and two from Joshimath – in Chamoli district – approached the Uttarakhand high court seeking revocation of the projects’ forest and environmental clearances, and eventual cancellation of the two hydropower projects.

In their public interest litigation (PIL), the petitioners claimed that the use of explosives during project construction had weakened the already fragile hills, thereby increasing the frequency and intensity of landslips in the region. The current situation is such that for safety, the villagers from Raini sometimes take shelter in nearby forests. Considering this, the need for rehabilitation of the villagers was raised in the PIL.

The petition also sought to fix accountability of the hydropower companies for “criminal negligence”, since, of the 204 deaths, 192 happened at the hydropower sites. In the absence of any early warning system, the hydropower workers had no information about the incoming flood.

Also read: Why We Already Know the Rishi Ganga Flood Was a ‘Sooner or Later’ Event

However, in a major setback to the petitioners, on July 14 – the first day of the hearing – the division bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma gave its judgment, calling the petition “highly motivated”, and the five petitioners “puppets at the hand of an unknown puppeteer”.

In the four-page judgment, the division bench stated that that though the petitioners “claim” to be social activists, there is no proof to ascertain the authenticity of the claim. “…there is no piece of evidence produced by these petitioners to establish the fact that they are “social activists”. They have neither mentioned if they had spearhead(ed) a social movement, or raised any social issue on any previous occasion…”

2021 Uttarakhand HC Judgment by The Wire

In sum, “not convinced with the bona fide of this petition”, the division bench dismissed the petition, while also imposing a fine of Rs 10,000 each on the five petitioners.

The petitioners’ counsel, D.K. Joshi, says that the information about all the petitioners was placed before the division bench in an affidavit along with the petition. “That the petitioners are social activists is a fact. There cannot be a certified document to ever prove whether one is a social activist,” says Joshi.

All three petitioners from Raini belong to a Scheduled Tribe community. Petitioner Sangram Singh (44) was the block development council (BDC) member between 2014 and 2019. He had approached the Uttarakhand high court in April 2019 too, seeking the court’s intervention to stop the Rishiganga project developers from using explosives, dumping muck into the river, and engaging in illegal mining.

2019 Uttarakhand HC Order by The Wire

When the use of explosives continued against the high court order, Singh approached the National Green Tribunal (NGT). “The NGT formed a team to investigate the matter, but it comprised people from the district administration whose intentions we were unsure of,” he says. Ultimately, all the efforts proved futile, and the project was built, says Singh.

On June 9, this year, the same division bench had heard another hydropower project-related matter – NTPC’s 171 MW Lata Tapovan – where too Singh is a petitioner. He says that the project’s tunnel passes through his hamlet, due to which the land there is sinking.

“On June 9, my identity was not a problem, but on July 14, my credibility and identity became questionable. How is that possible?” he asks.

Ek toh aapadaa ne hamko mara, upar se court ne bhi hamhee ko mara (First, the disaster impacted us, and now the court too has bashed us),” says Singh.

The other petitioner, Bhawan Singh (34), is Raini’s current gram pradhan. The third petitioner from the village Sohan Singh (38) is a farmer and the grandson of Chipko Movement’s leader, Gaura Devi.

The remaining two petitioners – Atul Sati (47) and Kamal Raturi (49) – are residents of Chamoli’s Joshimath town. Sati is a CPI (M-L) leader, and Raturi is a Congress leader. Since 2004, under the banner of ‘Joshimath Bachao Sangharsh Samiti’, they both have been actively raising concerns related to the environment, public safety, and issues of compensation and rehabilitation in projects like the damaged Tapovan Vishnugad.

Hydropower projects, a continuing concern 

Of the two projects in question, NTPC’s Tapovan Vishnugad project was under construction when the February disaster hit, and 139 people who died in the flood were workers at the project site. NTPC’s counsel Kartikey Hari Gupta says, “The petition has no concrete evidence on NTPC violating any existing norms…It (NTPC) is committed towards sustainable development. ”

The Uttarakhand government is yet to comment on the role of the two hydropower projects in the February flood. According to BJP leader and Uttarakhand government spokesperson, Subodh Uniyal, a committee was formed to investigate the matter. “The committee’s report is awaited,” he says.

However, the issue of hydropower projects in the fragile Himalayan state is not new. There are existing petitions in the Uttarakhand high court and the Supreme Court pertaining to various allegedly contentious hydropower projects in the State.

In the year 2013, massive floods ravaged Uttarakhand. Over 4,000 people died in the Kedarnath Valley alone. After which, the Supreme Court directed the Union environment ministry to form an Expert Body to assess whether the devastation from floods had worsened due to the presence of hydropower projects. In the year 2014, the Expert Body, which was headed by the Dehradun-based environmentalist Ravi Chopra, submitted a report supported by strong evidence of the distressing impact of hydropower projects in the state.

Also read: With Hydro Projects in the Himalayas Flouting Norms, Disaster Is an Eventuality

Speaking to The Wire, Chopra, who has been engaged with issues of hydropower for over 15 years, says, “With all due respect to the court, this judgment is deeply disappointing. The constitution demands a duty from all Indian citizens to ensure the well-being of the environment. A judgment like this will dishearten the common citizens from fulfilling this constitutional duty.”

A prime concern raised by petitioners and environmentalists is that in deciding a case based on the identity of the petitioners, the court may have totally ignored the merits of the petition.

Mallika Bhanot, who is a member of Ganga Ahvaan – a forum working towards conservation of the river Ganga – and has been active in the issues of hydropower projects in Uttarakhand since 2007, says, “The judgment is appalling. People died in the disaster. The PIL raised a pertinent issue which warranted thorough scrutiny of the petition based on its merits, and not solely on the identity of the petitioners, who, by the way, are all authentic.”

The judgment might act as a deterrent for people bearing the brunt of hydropower projects from approaching courts in the future, says Bhanot.

Hemant Dhyani, an environmentalist associated with Ganga Ahvaan, who was a member of the Expert Body that Chopra headed, says that the petition is “not based on whims and fancies. It is supported by several scientific reports, legal evidence, and evidence of the ground situation.”

Petitioners approach the Supreme Court

The petitioners’ counsel Joshi says that during the hearing he had requested the division bench for another date of hearing where the petitioners could be present to prove their credibility as social activists. However, the request was turned down.

Additionally, the financial requirements of the case have been heavily weighing down upon the petitioners. Atul Sati says, “We want justice, but we have limited financial resources.”

Villagers meet in Raini after the Uttarakhand high court order. They now want to approach the Supreme Court. Photo: Special arrangement.

The villagers themselves contributed the money for the petition that was filed in the high court in Nainital, over 290 km from Raini. Due to limited funds, counsel Joshi was paid no fee. Joshi says that barring his fee, of the Rs 25,000 that he spent on the petition, only an amount of Rs 7,000 has been received from the petitioners.

Sati says, “We haven’t even been able to cover the basic expenses that went into filing the petition in the Uttarakhand high court. On top of that, a fine of Rs 50,000 was imposed on us. We couldn’t afford to pay it, and we decided against filing a review petition in the Uttarakhand high court.”

A Special Leave Petition (SLP) requesting a stay on the high court’s judgment was filed in the Supreme Court on July 27, Tuesday.

Sati says, “Our only remaining hope is the Supreme Court, so we decided to take our case there. In the SLP, we have requested a stay on the Uttarakhand high court judgment. Our other prayers remain the same as they were in the petition we had filed in the high court.”

Kavita Upadhyay is a journalist and researcher from Uttarakhand, who writes on the environmental issues in the Indian Himalayan Region. She’s a graduate in Water Science, Policy and Management from the University of Oxford.