INTERNATIONAL JOURNAL OF RESEARCH AND ANALYSIS VOLUME 4 ISSUE 2 ISSN

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1 ENFORCEMENT OF ENVIRONMENTAL IMPACT ASSESSMENT LAW (EIA): A CASE STUDY OF AMBUJA CEMENT PLANT IN THE STATE OF HIMACHAL PRADESH Dr. BHAVANA SHARMA 1 1. Introduction: Himachal Pradesh which used to be known as Apple bowl is on the way of becoming Cement bowl. Quite a number of cement plants are working in this dust free State. Has these cement plants really benefitted the State and its people? Or these plants have turned out to be just havoc in people s lives. Keeping these questions in mind the Researcher has conducted a survey where Ambuja cement plants are functioning. At this time two units of Ambuja are working in Himachal Pradesh, one is at Darlaghat in tehsil Arki of Solan district and other one is at Nawagaon of tehsil Nalagarh of Solan district. Solan lies between and North latitude and and East lo ngitude. 2 This district is bounded by Shimla district in the North and by Ropar district of Punjab and Ambala district of Haryana in the South, by Sirmour district in the East and Bilaspur district in the West Mandi district touches the boundary of Solan district in the North-East 3. Arki is lying between North and and 77.5 East in the Shimla Hills, with an area of 124 square miles. It was bounded on the North by towering highlands of small state of Mangal, on the East by the petty states of Dhami and Kunihar, on the South by the plains of Ambala and on the West by Nalagarh 4. 1 Assistant Professor, Department of Laws, Maharaja Agrasen University, Baddi, Solan, H.P. 2 Dr. Syed and RPH Editorial Board, Himachal Pradesh; General Board, Ramesh Publishing House 1(New Delhi, 2015), p Supranote 2. 4 Supranote 2, p

2 1.1 Ambuja Cement Plant, Darlaghat 5 : Started: Unit-I in 1995 and Unit-II in Production Capacity: Souli Plant: 1MTPA Rouri Plant: 1.8 MTPA The Ambuja Cement Plant, Darlaghat falls in the Arki Tehsil of Solan District. Originally, 13 villages come under the Darlaghat panchayat and these are: Rouri, Khata, Baga, Souli, Bhatedh, Koon, Pachchivar, Dhauni, Sulag, Sathuru, Sirdimraas, Kanswara, Jablu. The Ambuja Cement Plant started functioning at Souli village in And this plant made expansion in 2010 and another plant started at village Rouri. The most affected villages because of this Plant are: Souli, Bhatedh and Rouri. Picture 1 clearly shows the distance of the village from the plant and the establishment of this Rouri Cement plant has not only polluted the lives of the residents but has made it worse. Their land has been encroached by the plant, their agriculture has been destroyed by the dust generated by the plant, and their animals are dying because of the damaged fodder. The people living surrounding this plant is not residing in human and humane condition but the problem is that these people do not have any other land to settle down. These people are taking all those measures which are in their hands to protect themselves from the pollution generated from these plants. The village panchayat is also playing an important role in it. And for this purpose, the Panchayat has done wallwriting at the entrance of the village about the measures which can be taken for protection from the plant generated pollution. 5 Villages- Souli and Rouri, P.O.-Darlaghat, Tehsil-Arki, District-Solan

3 Picture 1: Rouri Plant 1.2 Nalagarh: Nalagarh is a tehsil of Solan district. This tehsil has boundaries with Punjab and Haryana and it has been declared as an industrial zone. There are total of three cement plants functioning in this tehsil. 1.3 Ambuja Cements Ltd., Nawagaon 6 : Started: This plant came in operation in Production Capacity: 1.5 MT UnitPA Ambuja has two cement plants in Himachal Pradesh, one is at Darlaghat that has already been discussed and the other is at Nawagaon in Nalagarh tehsil of Solan district. 2. Material and Methods: The study was conducted in Solan districts of Himachal Pradesh where Ambuja cement plants are functioning at present. Primary data was obtained for the study through the structured questionnaire as well as personal interview with the people residing around these cements plants. 3. Result and Discussion: The majority of the Respondents felt their Environmental Impact Assessment Notification has not been followed properly by the Cement Plant Authorities and they are facing problems in one way or another. 6 Ambuja Cements Ltd., Village-Nawagaon,P.O.-Jhajhar, Tehsil-Nalagarh, District-Solan. 85

4 The Researcher chose a 10% of random sample of the population for Questionnaire Schedule for Local Residents by using Simple Random Sampling Method. The nature of study is exploratory, aiming to explore relationship between industrial development and environmental conditions of the area at micro level. Interview schedule contained both type of close and open ended questions including the variables such as gender, age, educational qualification and year of establishment of the plants. The variables chosen by the Researcher for the purpose of Data Analysis are: (1) Gender; (2) Educational Qualification; and (3) Age. Table 1: Population on the basis of Gender Sr. no. Gender Population Percentage 1. Male % 2. Female % After analyzing the sample chosen, i.e. 10% of the population, the Researcher found that the total number of population selected is 295, out of which 151, i.e. 59% of the total sample selected is male and 144, and i.e. 41% of the total sample selected is female which is shown in Table number 1. Table 2: Population on the basis of Education Qualification Sr. no. Education Qualification Population Percentage 1. Illiterate 13 4% 2. Primary 33 11% 3. Middle 53 18% 4. Metric 72 24% 5. Plus Two 83 28% 6. Graduate 31 11% 7. Post-Graduate 08 3% 8. Professional Diploma 02 1% 86

5 Table 2 shows that out of the total sample chosen, 13, i.e. 4% of the sample chosen, are illiterate, only 33, i.e. 11% of the sample chosen, are primary educated, 53, i.e. 18% of the sample chosen, received education till middle standard, 72, i.e. 24% of the sample chosen, are metric qualified, 83, i.e. 28% of the sample chosen, are +2 educated, 31 i.e. 11% of the sample chosen, are graduates, 08, i.e. 3% of the sample chosen, are post-graduate and only 02, i.e. 1% of the sample chosen, hold professional and technical diploma. Table 3: Population on the basis of Age Group Sr. no. Age-Group Population Percentage % % % % % % % % % The third variable chosen by the Researcher is age. And Table 3 shows that 27, i.e. 9% of the sample chosen, people fall in age-group of years, 40, i.e. 14% of the sample chosen, in the age-group of 25-32, 43, i.e.15% of the sample chosen, in 32-39, 43, i.e. 15% of the sample chosen, in 39-46, 65, i.e. 22% of the sample chosen, in 46-53, 60, i.e. 20% of the sample chosen, in 53-60, 31, i.e. 11% of the sample chosen, in 60-67, 14, i.e. 5% of the sample chosen, in and 11, i.e. 4% of the sample chosen, and 4, i.e. 1% of the sample chosen, people fall in the agegroup of Analysis of the Sampling: The response of the Respondents to whether the Cement Plant Authorities has properly followed the procedure involved in enforcement of EIA is as: 87

6 Table 4: Public hearing for Environment Impact Assessment Public Hearing Yes No. Don t Know Table 4 shows the distribution of answers to the Question in the questionnaire that whether the authorities held the Public Hearing for Environment Impact Assessment, 209 of the sample chosen, respondents said yes to it while 73 of the sample chosen no and 13 of the sample chosen, said that they don t know anything about it. Table 5: Notice for Public Hearing Notice for Public Hearing. Yes No. Don s Know Table 5 shows the distribution of answers to the Question whether the authorities gave Notice of Public Hearing in advance (by 30 days), 181 of the sample chosen, said yes to it while 102 of the sample chosen, no and 12 of the sample chosen, said that they don t know anything about it. Table 6: Place for Public Hearing Sr. no. Place Held at Percentage 1. At site % 2. In Site Close Proximity 30 10% 3. At any other place 85 29% Table 6 shows the distribution of answers to the Question in the questionnaire, asking the place at which Public Hearing was held for Environment Impact Assessment, 180, i.e. 61% of the sample chosen, Respondents said that it was held at site, 30, i.e. 10% of the sample chosen, respondent in favour of site s close proximity, 85, i.e. 29% of the sample chosen, says that it was held at any other place. Table 7: Mode of Conduct for Public Hearing 88

7 Sr. no. Mode of Conduct Numbers Percentage 1. Direct % 2. Indirect 24 8% 3. Don t Know 85 29% Table 7 shows the distribution of answers to the Question in the questionnaire, asking what was the mode of conduct for the Public Hearing for Environment Impact Assessment, 186, i.e. 63% of the sample chosen, Respondents said that mode of conduct for Public Hearing was direct, 24, i.e. 8% of the sample chosen, said that it was indirect and 85, i.e. 29% of the sample chosen, said that they doest not know anything about it. 4. Conclusion: The survey of this study has led to a number of conclusions about the functions and consequences of this concept of Enforcement of Environment Impact Assessment (EIA) Law. As per the authorities of the cement plants the EIA Notification has been properly followed while the local residents has different tale to tell. 4.1 Cement Plant, Darlaghat: The situation at this plant is as: Information from Authorities: The cement plants informed the Researcher that EIA Notifications from 1994 onwards has been properly implemented by the plant. Public Hearing was held in Public Hearing was conducted and organized by the Himachal Pradesh Pollution Control Board (HPPCB). Members who were present in this Public Hearing were: villagers, panchayat pradhan, officials of Ambuja, officials of HPPCB, officials of IPH department and Minning Officer. As per Authorities, the plant has implemented all the environmental safeguards Views of Locals Residents: 1. The plant authorities committed a fraud while organizing Public Hearing as they took signature of the villagers at the entrance of school gate, as public Hearing was held there, telling that it is attendance record but later on showed it as consent of the villagers. 89

8 2. Rouri plant which is the expansion of the original plant and second Unit of the plant was established there is at just at a distance of 15m from the village. However, the distance of any residential locality should be at least 1000 ms. It has population of 450 but only people are working in the plant. The residents of this village lost their whole land at the time of establishment of second unit of plant. Bhatedh, the village which is near to Souli Plant is just at a distance of 500m and Souli is also at a distance of less than 1000m. 3. When the plant was expanded and second unit was established, the plant authorities had assured the villagers that they will implant advanced technologies and machineries which will not cause any kind of pollution whether it is air, sound, noise or problem of dust but all the problems had made locals life hell and all these promises turned out to be an eyewash. 4. Diseases caused by the plant are: breathing problem, asthma, cough, TB (tuberculosis), hearing problem, vision disturbed, allergies of all kinds, Dizziness, lightheadedness, damaged fodder, animals died in last few months, less milk production in animals, Aphoria/infertility in animals, reproduction capacity has badly affected, rough skin of animals, dust and coal inside the houses. 5. The Panchayat in Rouri village has done wall-writing at the entrance of village to take precautions against the Cement Plant to protect their health which is shown in Pictures Wall-writing by Rouri Panchayat: The village panchayat of Rouri has done wall-writing to make people aware of the steps that can be taken to protect from the Cement plant generated pollution. This wall-writing has been done at the entrance of the village. It is an appreciable step taken by the village panchayat to educate the villagers about the ill-effects of the cement plant and how to protect themselves. 1. Initially, the plant provided the facility of free first aid and free ultra-sound to the local residents but now they have started charging Rs. 150/ for ultra-sound. The plant organizes free Health Camps but not for the problems caused by plant. 2. The plant has adopted all the government primary schools of affected villages but the electrification in the nearest school was done only 2 years back. 90

9 3. When plant works at night, there is vibrations of houses which causes cracks in the houses. 4. The plant has established DAV School but no rebate to locals. 5. Another problem faced by the locals is of Traffic jam for hours because of the trucks employed by the Cement plant and this also causes pollution. 6. The Cement plant has employed 30% Himachalis, however, as per the rule they should employ 70% Appreciable Work done by the Plant: 1. The only appreciable work done by the plant is that it had built a bridge which connects the villages Bhatedh and Souli to Darlaghat. 2. The plant has done plantation on the roadside. 4.2 Cement Plant, Nawagaon: The situation at this plant is as: Observations made by the Researcher: 1. The Respondents does not complained of any problem of pollution, or bad effects on crops or on animal production. 2. The plant has built local government school s building. 3. The plantation has been done by the plant on large scale on roadside, from which 40% plants are living. 4. The plant has opened an occupational hospital in which free first aid is provided to the locals. Ambulance facility is available to the local which took patients upto Chandigarh. Free Health Camps are being organized by the plant. 5. The main complaint of the villagers is that the plant has given same amount of compensation for fertile and unproductive land. 6. The plant has mettled village streets. 7. This plant has used fully automated machinery for production process with the help of Germany. 8. This plant has started a programme in which the efforts are made to make women self-sufficient by training them and under this scheme sewing-machine has been distributed to women. 91

10 4.2.2 Problems: Some of the Respondents complained of certain problems which have started appearing since last few days and these are: 1. Trees have started drying up themselves since last few months due to dust near the plant. 2. If drinking water is stored in any utensil then there is white layer on water after sometime since last few months. 3. Ground water level has gone down. 4. Promises made at the time of establishment are not fulfilled. 5. The plant has not given employment to locals. On the basis of the historical, analytical, comparative and empirical study made in this thesis, the following suggestions are made for so that EIA Laws can fulfill the purpose of their inception, i.e. they can truly be proved to be the instrument of sustainable development. 1. The process of EIA study should be made simpler and easy so that the local communities of the area where the project is proposed to be implemented could understand it and the efforts should be made for direct involvement of local communities and if they have any objections then it should be solved properly and seriously. 2. Presently, the Public Hearing which is an important tool in the hands of local communities should be properly publicized and the local communities should be made aware of this. As in most of the cases, the Panchayat Pradhans are the employees of the cement plants, in such cases the villagers should be allowed to choose another representative of them in matters relating to cement plants. The required consent of Pradhans and their signature should not be considered valid in matters of cement plants if they are employees of them. 3. The old machinery should be replaced with the newer one so that level of pollution could be reduced. 4. Proper health facilities should be provided to the locals. For this purpose, Health Cards should be issued to the local communities. 92

11 5. Health camps for animals should also be organized because they are major sufferers because of the damaged fodder. 6. The plants should also conduct research in the field of crops and vegetation so that they can be saved from the ill-effects of cement plants. 7. The local communities, who lost their land to plant, should be employed by the plant not for one generation only but Father-Son scheme should be adopted by the cement plants. Because the land if had not been encroached by the cement plant would have look after the family for generations to come. 8. More employment should be given to the local residents after all they are the one who suffered most. 9. At the time of establishments, these cements plants had cut thousands and thousands of trees, so they should implant more trees for this purpose they could adopt the areas on yearly basis and survival of trees should also be made their responsibility. 10. The most of the plants has built government schools structure for the sake that they are spending on education as the State government s are already providing enough funds for this purpose. Rather than this the cement plants should open IT parks for the local children where they could get free education or the cement plants should provide education to local children in the schools run by them for their employee s children free of cost, or they could have taken the responsibility of higher education of children of affected communities, or they could have opened Technical Training Institutes to train the local children and then could have employed them. 93