NARAMBAI FISHERMAN WON THE BATTLE TO SAVE THEIR VILLAGE

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.

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 consumiptive industries. Nandhivarman also demanded checkposts 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 licences 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 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 pamplets.

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.

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 Honourable K.A.SWAMI, Chief Justice and Honourable Justice Kanakaraj was dismissed on 7.03.1997 " Dismissing as infructous 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 capacicity floating storage {off-shore}
ii} Laying of pipe line for transfer of LPG from mother vessel to on shore terminal.
iii} Creation of on shore terminal { pressurised 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 Febraury 1991 location of such facilities within Coastal Regulation Zone is a priohibited 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 withdrwan 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 bt 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 opnen 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

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. Emisaries 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 retorded. 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 judgement. The infuriarated villagers took theit 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.

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 indegenous 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. Preseident of the Narambai Fishermen Panchayat. Mr.A.Kanagasabai was suitably punished by being denied of government job.