FISHING VILLAGE

FIGHTS AGAINST
M.N.C

Narambai is a fishing village

off the Bay of Bengal within
the territorial limits of the
Union Territory of
Pondicherry. There was an
attempt to evacuate the
entire village to set up an
offshore LPG plant from their
traditional homes where they
were pursuing their
profession for centuries. The Congress Government led by
V.Vaithialingam gave clearance to this project, which will hurt the
fishing village. The Narambai fishing village Panchayat took up
cudgels against this move which snow balled into a fight for finish to
both sides. We reproduce in verbatim a report from INDIAN EXPRESS
dated 27.05.1995.

LPG PROJECT NEAR PONDY COAST-I

VILLAGERS WAKE UP TO ECO PROBLEMS, TO

PROTEST

The residents of a cluster of villages in the Union Territory of

Pondicherry are getting ready to take on a mega multi crore
industrial project which they fear will sound the death knell of not
only their livelihood, but also threaten their right to life. While
environmental activists are jumping into the fray to stop this
project, an encouraging sign is the manner in which these
uneducated villagers are arming themselves with simple technical
knowledge on what environmental and health hazards this project
may pose for them.

The 30 crore project to be put by the Southern LPG Limited, involves

the setting up of an offshore floating terminal for importing LPG,
taking the gas to the shore through a pipeline and bottling it. A
40,000 ton capacity LPG tanker will be stationed 2.8 kms off the
shore of Narambai, a village 17 kms from Pondicherry. What the
villagers and the environmental activists assisting them question is
the clearance given to the project by the Ministry of Environment in
violation of Coastal Regulation Zone (CRZ) of the Environment

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Protection Act of 1986. This stipulates that “no petrochemical
complex or petroleum refinery including crude and petroleum
product pipelines" should be allowed within 500 meters of the High
Tide Line. But the project proposed itself says that activity will be
within 300 meters of the high tide line.

Slowly Narambai is gaining the support of about 15 surrounding

villages in its fight. On Thursday, Narambai Panchayat head
A.Chandrasekar and representatives of his and other villages met at
Nagamuthu Mariamman temple to voice their fears. Interestingly
the temple archaga not only played host, but also participated in the
discussion of the hazards this project will cause to the village when
the only means of livelihood is fishing.

According to Chandrasekhar 43 acres of cultivable land has been

bought for the project in the heart of Narambai. "A year ago land
survey was done, and four months ago when a huge ship came for
another survey, we sat up, started asking questions and came to
know about this project.

Defending the project Southern LPG General Manager

K.Shanmugasundaram said “in a country which is short of LPG, this
is a beneficial venture. Those objecting to it are ignorant and do not
know that we are taking all safety measures. The LPG will be taken
from the ship through submarine pipelines and the bottling unit will
be located on the shore. The project should go on stream in four
months time.

About CRZ, he said “We are not violating any regulation and the law
allows such activity beyond 200 meters from the High Tide Line in
cases where the activity requires a water front and foreshore
facilities.

But Kishore Vangul, head of the Enviro Legal Cell of the CPR
Environment Education Center, a center for excellence of the
Ministry of environment points out that even though the CRZ
regulations allow relaxation in such issues' several other parameters
from Environment Impact assessment notification has to be
satisfied. These relate to human settlements and displacement of
population. The project report has falsely stated that the project is
away from major human settlements and there will be no
displacement of the population.

Time and again the Supreme Court has come to the rescue of
people when there is a threat to right to life and livelihood and both
these dangers are very real in this case. The project proposal says
150 people will be given jobs. But for this, is it right to take away
the livelihood of thousands of people?

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Director of The CPR Center, Nandita Krishna said “We will first
appeal to the company as well as the Ministry to have a reappraisal
of the project. If this does not work we will help the people of the
region to go to Court, but only as a last resort."

The Environment Ministry cleared the project on January 19, 1995

but subject to certain conditions. One of these is that "adequate
distance should be kept from the Narambai village in consultation
with the Chief Controller of Explosives." It has also said for "safety
reasons the tanker should be moved to high seas on receiving storm
warnings and a study should be done on the long term impact of the
project on fishing activities and its report submitted to this ministry
within a year". But one wonders whether the Ministry should ask for
such an assurance after clearing a project?

Environmental Hazards of LPG Project-Part II

KNOWLEDGE IS POWER,
DISCOVER THE PEOPLE OF NARAMBAI

When a journalist goes to a fishing village to write about the

concern of the local people against the ecological threats posed to
them by a massive LPG project to come up at Narambai village in
the Union territory of Pondicherry, the last thing she expects to find
there is local youth voicing his concern about environmental
degradation in the place by reeling off acronyms like the EPA or
CRZ.

But then Ramachandran( name fictitious as he had applied for

government job ) though he belongs to the toddy tapping
community of Pillayarkuppam has done his M.Sc in Environmental
Science from the Center for Pollution Control and Bio Waste Energy
of Pondicherry University.

"Already there are 7 chemical industries within a radius of one

kilometer from here, and the Pondicherry Papers is discharging its
effluents into the sea. During the last three years tube wells up to
15 meters depth have been polluted by these chemical units. For 5
years we had severe problems in getting potable water and only
after several representations has the Pondicherry Government
taken steps to provide us water during the last 3 months. Though no
epidemiological studies have been made to assess the medical
problems caused by these chemical industries, in the evenings the
area is completely under smoke.

"LPG is highly inflammable and the slightest accident might wipe

out villages. And in a water starved area from where they will get

3
water to fight any fire which may break out" he asks. (The clearance
granted by the Ministry of Environment to the project clearly
stipulates that "No wells should be dug for drawing fresh water from
the ground."

While there is such knowledgeable Ramachandiran there are

thousands of illiterate villagers in the area. And yet the way they
have armed themselves with simple technical knowledge about the
proposed LPG project is amazing. Narambai Panchayat President
A.Chandraseksar says “As most of us are illiterates, there are only 3
graduates in our village, we went to Pondicherry and with the help
of some sympathetic people in the Pondicherry Pollution Control
Board, educated ourselves about the adverse effects of this project.
After understanding the issue, last fortnight we submitted a
representation to the board protesting against the project. But as
nothing has come of it we will now meet the Pondicherry
Lt.Governor Rajendra Kumari Bajpayee.

What has disappointed him most is that their detailed

representation made to the Chief Justice of India on January 1, 1995
appealing for Supreme Courts intervention in the matter has not
even got an acknowledgment. The people of the adjoining fishing
villages Pudukuppam and Pannithittu have also joined the struggle
and a joint line of action has been charted out to include a dharna,
hunger strike, rasta roko etc.

Says Youth President of the Panchayat Velayuthan “When a single

gas cylinder explodes in a house how many people die? Here we are
talking about 40,000 tons of LPG. When out on the sea, most of us
smoke and one lighted beedi carelessly thrown can cause fire to
destroy lives and property.

Adds Panchayat Vice President V.Jayabalan “If we go anywhere near

the LPG terminal our nets will get entangled in those pipes and we
can't afford to lose a net which costs around Rs 10,000.

Chandrasekar raises a more valid point. “During the last few years
all kinds of chemical units have cropped up in this region and
polluted our water resources. And the Pondicherry Paper Mill
discharges its effluent through a pipeline into the sea. Already some
of us have lost our nets when got entangled with those pipes. When
the mill came up in the late 1970's, we did not envisage this
problem. With chemically polluted water our children are constantly
suffering from dysentery, cholera and skin diseases. And we do not
know what other problems our future generations may face."

Dispelling the fishermen's fears about their nets

Mr.Shanmugasundaram from Southern LPG said “As our pipeline will

4
be embedded in the sea, there is no danger to the nets. If there is
need we will also help them with their fishing activity."

While villagers are on warpath and the company spokesperson says

that all necessary precautions have been taken for this first of its
kind project in India, it remains to be seen whether public hearing to
be organized by the CPR environment center which hopes to involve
the National Human Rights Commission will have the desired
impact.

News filed by Ms.Rasheeda Bhagat.

Dravida Ilaignar Peravai intervenes

While this issue was heating up no political party came forward to

address to the concerns of the villagers. The Secretary of Narambai
Village Panchayat Mr.A.Kanagasabai and Treasurer Mahalingam met
Dravida Ilaignar Peravai Convener and sought his support.

Dravida Ilaignar Peravai, a forum for uniting youth caught between

various Dravidian political outfits had made its appearance in May
1994 at the Pondicherry political scene.

Former Minister G.Viswanathan M.A.B.L Ex M.P, currently the

Chancellor of Vellore Institute of Technology presided, Former
Ministers Azhagu Thirunavukkarasu and S.R.Radha, with
L.Ilayaperumal Ex M.P on stage, Dravida Ilaignar Peravai was
launched. N.Nandhivarman, a life long DMK activist who was on a 15
year self imposed political exile was called upon to undertake the
task of uniting the youth.

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The association of Dravida Ilaignar Peravai with Narambai
Fishermen Panchayat grew day by day cementing an everlasting
bond of comradeship. In the ultimate success of the peoples
struggle the role of two journalists must be recorded with gratitude.

They are T.Manivannan of The Indian Express and M.Ramachandiran

of Dinamani Tamil daily. Mr.T.Manivannan is currently the Bureau
Chief of Tamil News at BBC London. Dravida Ilaignar Peravai
released an unpublished report of an expert study about which a
report by T.Manivannan in The Indian Express is reproduced here.

RAPID INDUSTRIALIZATION AT THE COST OF CLEAN

ENVIRONMENT?

Report in The Indian Express- 16.1.1996 by T.Manivannan

The Pondicherry Government may boast about rapid growth in

industries in Pondicherry region in the past decade, but the
achievement instead of improving the quality of life of the citizens,
has only made life miserable for the people at length in the heavily
industrialized Kirumampakkam area of Bahour commune.

Industrial pollution in the Kirumampakkam area, which has been the

most talked about subject in lay circles in past few years and more
has now been confined by the findings of an expert study sponsored
by the Government itself which is however predictably gathering
dust somewhere in the bureaucratic cupboards.

Air, water, land as well as the biotic environment of Pillayarkuppam-

Kirumampakkam area have already become grossly polluted with
the pollution levels exceeding the parameters set by the regulatory
agencies, the hitherto unpublished interim report of a study by the
Center for Pollution Control and Bio Waste Energy of The
Pondicherry University has revealed.

The Environment Impact and Sustainability studies in

Pillayarkuppam-Kirumampakkam areas as the study has been called
commissioned by the Government of Pondicherry at the height of
criticism from the public on the degradation of the environment in
the area, is yet to be over but the interim report itself submitted to
the Government in 1994 is devastating.

Air in Kirumampakkam which lies on the Pondicherry-Cuddalore road

is unclean and falls below the standards of air quality prescribed by
the regulatory agencies like Central Pollution Control Board and the
Department of Science&Technology and Environment of Pondicherry

6
Government, the report has stated. In the samplings obtained
during 1800 hours of eight hour exercises over a period of five
months, it was found that all the samples taken in the sensitive area
(a primary school) from winter to summer indicated air pollution.
Even in the PIPDIC Industrial Estate where being an industrial area,
much more liberal standards of air quality are applicable than in the
residential and sensitive areas, as many as 86 percent of the
samples taken in a particular month were polluted.

The samples collected in residential areas also revealed extensive

pollution. While in one residential site 80 percent of the samples
taken in a month indicated air pollution. in a second site 60 percent
of the samples were found to be of unacceptable air quality.

The study states that none of the areas sampled in the

Pillayarkuppam-Kirumampakkam is free from air pollution, and in
some months, the pollution is so damagingly persistent that the air
is harmful most of the time.

The report notes that all through the study by a coincidence the
atmospheric stability was never at its worst possible.: In situation
such as during heavy cloud cover when the stability will be more
than during our studies, the concentrations of the air pollutants are
likely to be higher and more persistent and their impact on the
environment is likely to be more severe, it warns........ (To be
concluded)

Industrialization and Environment II

WATER SCENARIO TAKES ALARMING PROPORTIONS

Report in 18.1.1996 The Indian Express by T.Manivannan

While the air quality in the industrialized Kirumampakkam

-Pillayarkuppam areas has been found to be polluted, the water
environment scenario is most alarming.

A combination of excessive ground water withdrawal by industries

and pollution of the aquifers due to letting out industrial effluents
has wrought havoc on the drinking water front in the villages around
Kirumampakkam, the Environment Impact assessment conducted
by the Center for Pollution Control and Bio Waste Energy of the
Pondicherry University has revealed.

The samples taken during a three month period had electrical

conductivity above the drinking water standards, in a majority of
cases several times higher. The Total Dissolved Solids also were

7
above the permissible limits. Alkalinity, hardness, sulphate, BOD,
phosphorous etc were also too high in all but a few samples.

The study states that the pollution of the water environment might
be due to heavy withdrawal of ground water leading to salinity
intrusion and pollution of aquifers due to industrial effluents. Barely
eleven years ago, were many of the now salinised wells usable
according to the report. After the establishment of the industries
during the 1980's and consequent spurt in ground water extraction,
the salinity intrusion began and in a few years several well had
become saline.

Aggravating this seriously was the pollution caused by industries by

way of effluents discharged in ponds and on land and run off from
the solid waste dumps. These have polluted surface water bodies
which being rain fed should not otherwise have become saline. The
ground water also has been polluted by infiltration of these
effluents. The study using statistical analysis of water quality data
concludes that the ponds and underground aquifers keep receiving
waste waters of varying characteristics and concentrations due to
industrial inputs.

More alarming is the finding that water samples taken from these
areas contained excessive concentrations of toxic elements such as
arsenic and mercury. Mercury was found in concentrations 16 to 38
times higher than the permissible limit in all the samples analyzed
for heavy metals wherever arsenic was found to be crossing the
permissible levels in 50 percent of the cases. the report states.

What has been the impact of such pollution on agriculture? The

interim report has painted a rather grim picture of the situation in a
separate chapter. Agriculture which was the favored occupation of
the villagers till a couple of decades ago has with the advent of
small scale industries suffered a slight set back. to gradually worsen
thereafter, the report says. Paddy yield has dwindled to half of the
yield of the pre industrialization years, rice quality had come down
save in Babour area, some paddy fields have become completely
useless for agriculture forcing the farmers to switch to casuarinas
plantations. In the fields where casuarinas plantation was going on
for several years, the yield and profit has been reduced to nearly
one third of the past years. Cultivation of ragi and millets has been
completely stopped because of lack of water. The number of pods in
groundnut crops has also shrunk considerably compared to the past,
the report says.

Solid waste dumps piled across the villages are not only a major
environmental hazard but also objectionable from purely a civic
point of view because they are either dumped on government land

8
or private property. The run off from solid waste during rains also
pollute the surface water and the percolation wells dug by the local
bodies to collect water during the rainy season. Solid waste also
contaminates the nearby vegetation and when cattle graze on such
vegetation the pollutants contaminate them and through them
reach humans. The impact of the pollutants is particularly severe on
children, the report states.

In its interim recommendations the study calls for a ban on new

industries that has gaseous, aqueous or solid emissions to come up
in the area. No permission should be granted for capacity expansion
to any such industry unless strong and swift steps are taken for
bringing down pollutant emission levels and restoring the water and
land environments.

Only non polluting industries may be permitted as of now. In order

to bring down the air and water pollution levels in the area, it is
imperative that pollution control; measures thus far adopted by
each of the industries are reviewed and suitably upgraded, the
study states.

The government which received the interim report in September

1994 is yet to make it public or even place it in the Assembly.

Criticizing this N.Nandhivarman an environmental activist

concentrating on green issues said "allocating money for a study...
to escape from criticism and keep even interim reports as sensitive
state secrets does not augur well for an open society, enclosing a
copy of the Interim Report to the National Human Rights
Commission Nandhivarman wanted the commission to direct the
Ministry of Environment and Forests to withdraw The delegation of
powers conferred on the Pondicherry Pollution Control Committee in
1992 and confer it on the Central Pollution Control Board.
[Concluded]

THEN A WRIT WAS FILED IN HIGH COURT OF

MADRAS JOINTLY BY NARAMBAI VILLAGE
PANCHAYAT AND DRAVIDA PERAVAI

9
The other background story on environmental issues is given below:

CALL FOR WATER SURVEY

A call to conduct immediately water surveys and preparation of

water budgets every year in Pondicherry was made by the Dravida
Ilaignar Peravai Convener N.Nandhivarman here on Saturday. In a
statement here, Nandhivarman pointed out that while in the rest of
the country the surveys are over, the territories of Pondicherry,
Daman, Diu, Dadra and Nagar Haveli were yet to institute survey
under the aegis of the Rajiv Gandhi National Drinking Water mission.
Stating that while the ground water position was becoming more
and more problematic in Pondicherry the over mining of water,
Nandhivarman said the surface water position also has become
precarious due to encroachments in tanks and canals.

10
Criticizing the Government for allowing industries to tap ground
water in abundant quantity, Nandhivarman cited the instance of a
drug manufacturing unit in Kalapet now mining water to the tune of
3 lakh liters per day from a well earlier capped by the Pondicherry
government. Suggesting the constitution of committees comprising
environmentalists, local people, political representatives and
hydrologists to visit industries and submit a Report to the
Government for acting against various water consumptive
industries. Nandhivarman also demanded check posts and special
squads to prevent water smuggling by tankers to areas outside
Pondicherry.

[The Indian Express and Dinamani of January 14-1996]

GOVERNMENT KEEPING ECO PANELS DEFUNCT

Pondicherry Government was accused of keeping the two

environmental bodies, The Environment Council and Pondicherry
State environment Committee defunct thorough the years and
clearing the applications for licenses by polluting industries. The
Dravida Ilaignar Peravai Convener N.Nandhivarman in a letter to the
Lt.Governor demanded freezing of clearances for polluting
industries and also a probe into clearances given so far. In a
scathing attack on the government towards preserving
environment, Nandhivarman pointed out that the two government
panels, the Environment Council constituted in 1987 and later
reconstituted as Environment Protection Council in 1990 and the
Pondicherry State Environment Committee created in 1989 have not
been functioning since their inception. The Department of Science
Technology and environment is bereft of powers which is why
clearances to polluting industries that can grease the palms are on
the increase and with elections round the corner clearances are
available to anyone who can manage the government. The
Environment Council should have met twice or thrice a year but it
has not been meeting at all these days, he said adding the Council
had been kept under cold storage. He also demanded a white paper
by the Ministry of environments into the functioning or non
functioning of the council as well as the Committee.

[The Indian Express- January 7- 1996]

NARAMBAI STRUGGLE BECOMES ELECTION ISSUE

The issue was made an election issue, Dravida Ilaignar Peravai,

meanwhile was renamed as Dravida Peravai. It extended support to
the DMK led Alliance in the polls to the Assembly. On the eve of

11
elections the Congress Chief Minister V.Vaithialingam promised the
Narambai villagers that his Government will not and had not given
No objection Certificate for the proposed LPG plant which will
ultimately result in entire village being evacuated. Before the Chief
Minister reached the village for his campaign, over night Dravida
Peravai and Indian National League had scanned the official file
signatures of the No objection Certificate and distributed in
pamphlets.

Thus the Chief Minister's false promises were exposed. In that

election the Indian National Congress candidate lost. The newly
formed Tamil Maanila Congress won the Bahour seat. Dravida
Peravai never contests. The Union Government meanwhile
cancelled its clearance, thus yielding to peoples struggle.

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LEGAL BATTLE: UNION GOVERNMENT WITHDRAWS
CLEARANCE: HIGH COURT DISMISSES PETITION

[Meanwhile a writ petition jointly by the Narambai Fishermen Village

Panchayat and Dravida Peravai was filed at the High Court of
Madras. Environmental Lawyers T.Mohan and Ms.Devika Mohan
argued these cases on behalf of the petitioners. But the writ was
lost.W.P.14328 of 1996 and W.M.P No.19538 of 1996 before the
Bench comprising Honorable K.A.SWAMI, Chief Justice and
Honorable Justice Kanakaraj was dismissed on 7.03.1997
“Dismissing as anfractuous the writ petition and dismissed W.M.P as
stated within"]

ORDER OF THE COURT MADE BY THE HON'BLE CHIEF

JUSTICE

In This petition under article 226 of the Constitution, the petitioner

has sought for quashing the letter no.J-11012/31-94-1A.II{I] date 19.
01.1995 issued by the first respondent granting environment
clearance for starting LPG bottling project.

Several grounds are raised in support of the relief sought for.

However it is not necessary to go into the merits of these
contentions having regard to the fact that Central Government has
now withdrawn the environment clearance given and has held that
the project cannot take place in the site proposed in respect of
which the clearance was given. The communication is dated 15 th
May 1996 and is issued by the Ministry of Environment and Forests
bearing No J-11012/31/94-IA.II{I} which reads thus;

Subject: LPG facilities near Narambai village Pondicherry-

environmental clearance regarding

Sir

This is in continuation of letter of even number dated 16 th August

1995 on the above subject. The proposal has been reexamined. The
entire proposal of LPG terminal facilities comprises the following
three components.

i] 40,000 tons of capacity floating storage {off-shore}

ii} Laying of pipe line for transfer of LPG from mother vessel to on
shore terminal.

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iii} Creation of on shore terminal {pressurized storage of LPG and
bottling plant including infrastructural facilities.}

The proposed on shore facilities are falling within 500 meters of the
HTL and as per provisions of CRZ notification No.S.O 114 E dated 19
th February 1991 location of such facilities within Coastal Regulation
Zone is a prohibited activity. In view of the above it is not possible
to accord clearance to the project in the present form from
environmental angle.

3. Thus the fourth respondent cannot now establish the LPG bottling
plant at the place for which clearance had already been granted, as
the clearance has now been withdrawn. In addition to that, the
fourth respondent in paragraph 3 of his counter affidavit has stated
thus.

" I submit that the above writ petition has become infractous and is
liable to be dismissed on the sole ground that the first respondent
has since withdrawn their approval granted in letter No.
J/11012/31/94 I a dated 15.05.1996, pursuant to the orders of the
Hon'ble Supreme Court of India not to locate any industrial unit
within 500 meters of the High tide Line. As the company's project as
originally envisaged and cleared by the Government of India fell
within the Coastal regulation Zone of 500 meters from HTL, the
Government revoked its earlier approval. Hence the question of
quashing the aforesaid approval does not arise.

4. On reading of the letter dated 15 th May 1996 issued by the

Ministry of environment and Forests, it is clear that the earlier
clearance granted for establishing the LPG bottling plant within 500
meters of the HTL has been withdrawn on the ground that the same
is prohibited by CRZ Notification No S,0 114 E dated 19.02.1991.
Consequently fourth respondent cannot at all establish the LPG
bottling plant at the site already proposed to establish.

5. That being so, this writ petition has become infractuous. It is

accordingly disposed of subject to the aforesaid finding recorded by
us that the 4 th respondent cannot at all establish the plant at the
place in question.

6. as far as the other objections raised by the petitioner are

concerned, the same are left open and it is open to the petitioner to
raise the same as and when it becomes necessary. No costs.

7. W.M.P no 19538 of 1996 is dismissed

FISHERMEN DRIVE AWAY SURVEY VESSEL

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With The High Court of Madras passing this order the setting up of
LPG unit must have been laid to rest. But it is not so. Emissaries
were sent to N.Nandhivarman to persuade him and use him to
pacify the Narambai villagers. A former MLA of Tamil Nadu called
him to a Star Hotel in Pondicherry and tried his best. “I have fought
against LPG plant when Congress government backed it, now how
can I withdraw just because DMK Coalition had come to power"
Nandhivarman retarded. Then one fine morning when fishermen
woke up for the day, the found new vessels near their village
surveying. This was on May 8 th 1997, two months after the High
Court judgment. The infuriated villagers took their catamarans and
boats went racing to the vessel. The officials who had come to
survey on behalf of the LPG plant sponsors fled from the scene. This
heroic struggle is recoded by Dinamani Tamil Daily on May10. 1997.

15
 The struggle ended in success. First time in
India a fishermen village succeeded in
driving a multi national company out of its
soil. This success of an indigenous
community is an epoch making one. Among
the leading figures of the Narambai
Fishermen Panchayat Mr.A.Kanagasabai,
Mr.A.Baskar and Mr.Mahalingam remain
ever grateful for the services rendered by
Dravida Peravai. Narambai Mahalingam
remains Treasurer of Dravida Peravai.
Narambai Kanagasabai joined government service. The village life
continues with tsunami visiting them. Once again they fought the
fury of Nature.

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