Environmental clearance to Dhamara Port in Orissa: Environmentalist and Ex-MP Late Mr. Banka Behary Das's letter to the Prime Minister and Union Minister for Environment, highlighting the environmental degradation, the port would cause in the said area.

Dear Prime Minister Sir,

Though Surface Transport Ministry has illegally given environmental clearance to Dhamara Port on sea near Dhamara river mouth and Environment & Forest Ministry has connived or colluded with them In favour of a multi-national firm, I am aghast to know that the company has started work without late violating forest laws. The very fact that Surface Transport Ministry has given a condition in its clearance letter that Rapid Survey about Environment Impact Assessment studies should be undertaken by M/S KIRLOSKAR CONSULTANTS LTD, the company did not wait for it, The very fact that such a condition is imposed, clearly shows that environment aspect has not been judged properly before clearance by the Ministry. Leave aside my contention that no port exist in the site, You can have a spot verification through your agency whether there is any port "existing" at all according to legal provisions in that site or it is on paper in a far off place, which is also non-existent.

It is astonishing that forest clearance was not sought, nor demanded by the forest department of the Environment and Forest Ministry of the Union Govt. I am told that Regional Office of the Ministry has already written to the State Govt. about this aspect. If it is so who will bother about it, when all are prepared to violate the Indian Laws and are prepared to bury Rule of Law, the moment they see a multi-national company approaching them.

The site is situated in Banipahi forest range. It was a part of Kanika Zamindary and when It was abolished in the early part of fifties, the entire forest area of the Zamindary including Banipahi area and Bhitarakanika area were vested In the State Govt. Then It was processed under Indian Forest Act to be declared as a forest by Chief Minister Dr.Harekrushna Mahatab's Ministry and accordingly It was declared as forest under the India Forest Act and regular notification was issued by Chief Minister Biju Patnaik's Ministry In 1961. That notification stands now and has not been withdrawn as yet.

After that in 1980 the Union Government passed Forest Conservation Act and prohibited conversion of forest land for non-forest purpose without clearance of Union Govt, Nothing has been done until now t withdraw the earlier notification and for forest clearance under Forest Conservation Act. If any settlement operation has been done subsequently to change it to revenue land it is illegal and null and void, Rather those who have recorded it as revenue land should be punished for violation of laws. It Is strange that the State Govt's, Forest Department h-as succumbed to the pressure of vested Interests who are in league with the multi-national companies.

Inspite of this, if Environment and Forest Ministry collude with all law breakers, It will be presumed that they are less interested in protection of environment or forest.

I have already alleged that huge kickbacks were paid for environmental clearance from the Surface Transport Ministry during the last parliamentary election and at that time I pointed it out to the relevant Ministry.

Subsequently, I have drawn your and Union Environment Ministry's attention, to review the matter because of gross violation of law. But until-now, I do not know what happened after it. But now again the multi-national company In league with concerned authorities of the State Govt, and Central Govt, is violating the Indian Forest Act and Forest Conservation Act of the Central Govt. Will you not enquire into the matter through your agency as Prime Minister of the Country.

I urge upon you to refer the matter to the C.B.I. and also to review the entire matter of gross violation of so many laws, Otherwise 1 will presume that in name of attracting foreign multi-national company, all are prepared to bury Rule of Law.

Recently, I read your speech in the press that you have urged all state Govts. not to forget about environment aspect while undertaking any developmental works. When your Govt is not abiding your advice, how can your wish be forced on State Governments?

Hope to hear from you soon,

With best respects.

Yours sincerely,

(BANKA BEHARY DAS)

PRESIDENT

Copy to: Union (Minister Environment and Forests)Shree. T.R. Baalu