[sustran] fwd: more on Mumbai-Pune expressway issue from PARISAR

[SUSTRAN Resource Centre]

Date: Mon, 8 Feb 1999 10:47:08 +0800 (MYT)
To: sustran at po.jaring.my
From: Sujit Patwardhan <sujit at vsnl.com> (by way of tkpb at barter.pc.my (Barter))
Subject: MumbaiPuneExpressway

(Sorry I forgot to include copies of the Press Note and the letter
Here they are.....)


6 February 1999

Dear Mr. A. Rahman Paul BARTER,

Mumbai Pune Expressway: Violation of the Court's Stay Order by
the Project Authorities, Police and the Maharashtra Government
===============================================

You will remember the information I had sent you about the Mumbai Pune
Expressway. Enclosed is a report on the violations of the Mumbai High
Court's Stay Order by the project authorities and the contractor of the
project, with the full support of the Maharashtra Government. I also
enclose a letter I have written to Shri Suresh Prabhu, the Minister of
Environment and Forests, Government of India.
You can make use of the information in whatever way you like but I feel the
letter to the Minister should not be widely circulated at this stage as it
has been sent to him only recently and we don't want him to be put off in
case he intends to pull up those responsible for violating court's orders
and continuing with the work without satisfactorily rehabilitating the
project affected villagers and tribals despite the clear order of the High
Court to maintain the status quo. The Report about the violation of the
stay order can be circulated to Sustran if you feel it would be interest to
other members on the list.
If you need any more information please let me know.
With good wishes,
--Sujit



Letter to Mr. Suresh Prabhu
----------------------------------------
Pari/34/693/99
31 January 1999

Shri Suresh Prabhu
Minister for Environment & Forests
Government of India,
Paryavaran Bhavan,
Lodhi Estate,
New Delhi,
                                                  Regd. Post A.D.
Dear Shri Prabhu,

Mumbai Pune Expressway

You were good enough to reply to some of our earlier letters
about declaring Mahabaleshwar and Panchgani Region as an
Ecologically Sensitive Zone.

Unfortunately we have not been getting any response from your
department whenever we have written and asked for details about
the Mumbai Pune Expressway which is now living up to all our
earlier fears.

We had asked for the detailed project report, and had offered to
pay for the cost of the same. We were told by your Ministry to
get this from the Maharashtra Government. The Maharashtra
Government hasn't replied to any or our letters. They are most
secretive and reluctant to give any details about this project.

Encouraged by reading a press report that you have taken the
initiative in making your ministry act with openness and
transparency (and by putting up details of projects under
clearance in your ministry, on your web page) we are again
writing to you with a request for a copy of the final detailed
project report for the Mumbai Pune Expressway. We also wish to
have a copy of the final sanction given by your Ministry to this
project. We need this very urgently as we suspect the Maharashtra
Government is blatantly violating the conditions imposed by your
ministry about the ghat section where the expressway has not been
cleared.

Blasting of land and dumping of rubble on massive scale is taking
place in the ghat section in forest land despite the clear
stipulation that the ghat section of the expressway has not been
cleared by your Ministry. We are also distressed by the project
authority's open defiance of a court order "staying any further
desplacement or eviction of tribals and villagers of Tembhri,
Pansheel, Kombivili and seven other villages affected by the
project, pending hearing and final disposal of the petition".

We would request you to please go through the enclosed report
which gives details of the violations of this stay order and hope
your ministry will take a serious note of these illegal acts by
the project authorities, and by the Maharashtra Government and
initiate stern action.

We would be happy to give you any clarifications you may need in
this regard and hope you will please let us have the documents
sought by us.

Thanking you and looking forward to your early reply.

Yours sincerely,
for Parisar



S.J. Patwardhan
Hon. Secretary

Encl. Note on the violations of the Court's Order in Petition No.
6684 of 1998.

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PRESS NOTE:

Mumbai Pune Expressway:
Stay Order Violated Four Times

On Jan14,1999 the inhabitants of the Panchsheel Katkarwadi (taluka
Khalapur , Dist. Raigad ) were displaced but they don't want to talk about
it.Men,women and children of about 18 families were made to lift their
belongings-utensils, food, poultry, etc.-and made to go to another
site, designated by the contractor. The displacement is occurring under the
construction of the Mumbai -Pune Expressway, an ambitious project to
connect the two cities in 2 1/2 impossible hours.

18 families were woken up in the middle of the night when mud fell
through the roofs of their houses. Outside, the contractors of the Hindustan
Construction Company Ltd. had already begun grabbing ,the process of
cleaning the land by digging its surface. By morning the people had been
given orders to move from the place they had been living in for
generations. They were asked to shift to makeshift asbestos sheds that had
plastic for covering as walls. When questioned, the contractor commented,
"the people have been warned of this and have been ready for it."


The displacement assumes significance since it is illegal on two
counts. First , the displacement violates a stay order issued by the High
Court dated 8/12/98 and 14/12/98 in the matter of Tembhri Katkari Wadi and
Student Action Committee versus the Government of Maharashtra(petition
#6684).The ad-interim stay order states that:-

-"Pending hearing and final disposal of the petition for an order
staying the notification dated 20/5/98 hereto relating to the acquisition
of land situated in village Tembhri, Pansheel, Kombivili and other seven
villages affected under the project."

- Pending hearing and final disposal of this petition for an
order restraining the respondents from evicting, affecting by blasting,
interfering in any mannner with the possession and occupation of the
persons residing in Tembhri Katkariwadi, Sarang Katkariwadi, Kopri
Katkariwadi, Kombivili Katkariwadi, Ambemal Katkariwadi, Pansheel
Katkariwadi, Lodhivili Katkariwadi, Asroti Katkariwadi, Dharni Katkariwadi,
Asrachi Katkariwadi, Budhawada (SC), Rohidaswada - Sarang, Bhudhawada -
Tupgaon, Budhawada - Asroti, Tembhri Budhawada in Khalapur Taluka, District
Raigad."



This restricts the state government or any
authority from taking action that disturbs status Quo of project as on
14/12/98. The site manager of the contractor was made aware of this blatant
violation of the High Court order. He stated that since the displacement had
been "planned" earlier and that the people "knew" it would happen , this
was no contempt of court. The student action Committee is emphatic in its
protest against arbitrary remarks and actions of the government
representatives.

Second, the contractor and construction company have no authority to act
in matters of displacement. Nor have they been authorised to compensate
tribals in any way, In effect, the tribals are being made to move from
their land by an illegal authority. This is of significance since the
tribals or project affected people will have no claim to rehabilitation and
compensation since on record they have not been moved.

The contempt of court is the third such incident to occur in the area,
directly , violating the stay orders dated 8/12/98 and 14/12/98. In
previous instances the Government of Maharashtra cleared out an area in the
Tembri Katkari wadi, that is the community land of the tribals. The land
has been " encroached" upon by the Government of Maharashtra, since
absolutely no notices mandatory under the Land Acquisition Act , 1894 , has
been followed. On this land, the Government of Maharashtra, has built a road,
further decreasing the quality of the soil and causing irreparable damage to
the livelihood of the tribals.

On Jan.11,1999 the Government of Maharashtra, sought to violate the stay
order by trying to conduct land survey at the village of Kopri( one of the
eight villages affected by the mega city). The villagers and tribals
organised a protest meet, put up banners that had " Government officials
Beware" printed on it and gheraoed the survey officials when they arrived.
The survey team was headed by Anil Sawant , Additional Collector , Alibagh,
Dist. Raigad. There ensued an informal public hearing during which
villagers asked answers to a variety of illegal activities the Government
of Maharashtra has perpetuated under the guise of Mumbai-Pune Expressway
construction work. The notice served to them notifying them of the survey ,
for example, was unsigned by a government representative and made
absolutely no mention of the section under which acquisition and survey
team returned unaccomplished, after it was forced out that the stay order
would be violated if the survey was carried out.

In a third instance, on Jan 13,1999, police descended on the Tembri
Katkari wadi, and tried to force the petitioners Gulab Gopal Mukne and
Kalubai Mukne to make thumb impressions on blank sheets of paper. In
return, the police promised them Rs.500. The harassing of the tribals and
forcing
on them a change in statement by manipulating them is blatantly violating
the Stay order mentioned above. More important, the police have abused their
power and functioning as paid "goondas" who are following orders they have
no cause to. By extorting confessions and offering bribes, the police are
being Coercive and dictatorial, perpetuating atrocities on the citizens of
this country. The Director -General of police has been informed of these
illegal activities of the police and an inquiry has been requested.

Within a month of a High Court stay order , so many violations have taken
place. What then is the security offered to the common man. Who is to
ensure it if law enforcing agents like the police collude with
racketeers? What chance or faith can you or me repose in having a fair
chance at justice?

Jasveen Ahluwalia
Mumbai-88

----------------------------------------------------------------------------
---------------------------

--
Sujit Patwardhan
sujit at vsnl.com
--------------------------------------
PARISAR,
Yamuna, ICS Colony, Ganeshkhind Road, Pune 411 007
Tel: 327955

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