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Greenfield Cement Plant by Lafarge, HP, India


Description

It was on 25th September 2006 that the Himachal Pradesh Government first approved the proposal for setting up of Greenfield cement plant unit by Lafarge India Private Limited (LIPL). This happened short after in 2003, the BJP led government at the Centre announced an industrial subsidy package for the state. The Cement plant is proposed at Alsindi in Tehsil Karsog of District Mandi which falls in the Satluj Valley.

The total cost of the project in 2006 was estimated at Rs. 900 Crores. Lafarge, the main investor of the project, is a French multinational firm and the largest producer of cement in the world. The Memorandum of Understanding (MoU) between Lafarge India Private Limited (LIPL) and GoHP was signed in September 2007.

"La Farce?", a report which studied the socio-economic and environmental impacts of the project, points out that, "the area within 10 kms radius of the mining and cement plant site comprises of 171 revenue villages." On impacts of mining, the report adds that, "at the mining site, 16 villages of 3 Panchayats - Balindi, Bagshyad and Bindla will be directly affected as they will lose part of their agricultural lands and most of their forest lands under the category of Demarcated Protected Forest". Significant problems have also been ascribed with the Solid Waste and pollution generation which will affect "all the villages in the Alsindi valley downslope of the Pheridhar ridge."

Greenfield project is a distinct case of environmental justice in the state where local communities, through power of collective action have asserted rights over their natural resources and livelihoods. The project's sheer magnitude, extent of mining involved and diversion of forest and private land were major factors that spurred reaction on ground. Local affected people from 10 panchayats formed local platforms to lobby with Lafarge authorities.

• One of the initial demands from the community called for cement unit's complete relocation which however did not materialise. Between 2007-2009, a series of representations questioning project's viability were sent by local groups and environment justice organisations to the Centre government in New Delhi. The two groups (local and state environmental groups) also collaborated to demand a transparent independent review of the project. At this point, people's Joint Action Committees (JAC) and Deobadeyogi Paryavaran Sangarsh Samiti (JDPSS) were also officiated.

• The Environment Public hearing for the project was conducted by the Himachal Pradesh Pollution Control Control Board (HPPCB) on 4th December 2008. The locals univocally voiced their opposition once again but the JAC was later dissatisfied with the biased reporting of the hearing- of HPPCB having completely downplayed people's opposition. A resolution was sent by the JAC to Ministry of Environment Forest and Climate Change (MoEFCC) along with the recorded video of the public hearing to prove their case. However, these efforts did not come to any fruition as Greenfield project was finally granted environment clearance on 8th June 2009.

• But like several other environmental justice movements in Himachal Pradesh that have effectively deployed Judicial activism as a protest strategy, the case of Greenfield project too is unique in that sense. The locals and environment groups refused to accept EAC's decision , and decided to launch a legal battle. They went ahead and filed a Public Interest Litigation (PIL) with the National Environment Appellate Authority (now NGT) and challenged the EC.

• The EC was challenged in two separate petitions. People's efforts did bear positive results as the NEAA appointed a committee to investigate the environmental and socio- economic repercussions of the EC. Shri J.C Kala, the ex member of the Appellate authority visited the project site and based on people's testimonies, the NEAA committee was forced to question project's viability. After interacting with the local affected population, the NEAA declared Greenfield project as an "imminent threat to the rich agricultural economy of the region".

• The positive outcome of NEAA visit was that on 30th August, it revoked the EC granted to the project. The critical order of the NEAA stated that “The authority is convinced that on environmental and social considerations, it is neither desirable to mine the Telehan village nor put up a cement plant at Ghanger.” and that "the dispossession, impoverishment and trauma attached to the displacement have neither been captured by the Environment Impact Assessment nor appreciated by the Expert Appraisal Committee (EAC) or the state government." It further noted that the "Majathal Wildlife Sanctuary is situated less than 5 km from the project site and could have possible impact on the wildlife".

• Following NEAA decision to revoke the EC, Lafarge India moved to the High Court with its appeal against it. At this stage, what came as a setback for the local movement was the High Court's decision to set aside the ruling of NEAA. The High Court at this point raised questions at the authenticity of a one man committee of the NEAA. However, along with this decision, the court also ordered a reassessment of the EC and asked MoEFCC for a site visit to be conducted. A Sub- committee appointed by the MoEF (now MoEFCC) visited the Project on October 2011. As per local environment groups, the committee did not visit the actual mining site; but only visited the areas accessible by road and did not interact with the affected population. Despite a shoddy site visit and an equally unfair report of the Sub -committee submitted to the EAC, the Greenfield project was recommended for EC.

Simultaneously, the movement against Greenfield was also embroiled in its context specific politics where a few powerful political vested interests tried swaying people's opinion in favor of the project. In between in March 2009, Section 4 of the old land acquisition was issued to begin acquisition of 1009 bighas. Given that the land acquisition notice was issued during the election period and therefore violated the code of conduct, the JAC approached the Election Commission. The notice was only withdrawn temporarily and in June, Section 4 notice was issued once again. The event witnessed objections in form of mass fillings against the project. There was a demonstration of more than 500 people in Karsog town.

Several multiple conflicts related to violation of Forest Rights Act also emerged. Local and state level environmental groups in February 2014 also raised questions on diversion of 360 hectares of forest land (granting of Stage I ) on which communities are dependent for their livelihood, especially the marginalised groups on Non Timber Forest Produce (NTFP). Moreover, most of the forest land to be acquired falls under Demarcated Protected Forest. The environmental groups in their submission against granting of Stage I Forest clearance also questioned the larger cascading of Satluj valley with hydroprojects such as Luhri hydroproject and Kol dam.

Basic Data

NameGreenfield Cement Plant by Lafarge, HP, India
CountryIndia
ProvinceHimachal Pradesh
SiteAlsindi, Tehsil Karsog, District Mandi
Accuracy of LocationHIGH local level

Source of Conflict

Type of Conflict (1st level)Industrial and Utilities conflicts
Type of Conflict (2nd level)Building materials extraction (quarries, sand, gravel)
Deforestation
Pollution related to transport (spills, dust, emissions)
Specific CommoditiesCement
Land
Water

Project Details and Actors

Project DetailsThe two main components of the project are the 3 MTPA cement and 2 MTPA Clinker production capacity cement plant in DPF Ghanger, Tehsil Karsog, District Mandi. It also involves setting up of an 8 km long over Land Belt Conveyor belt to transport the limestone, crushers, storage houses, working and residential areas. The conveyor belt will pass over the village Talhain of Bindla Panchayat. As per Lafarge, the Conveyer belt is the "state of the art environment friendly mode of transportation." This will be constructed over 8.89 ha of forest land whereas the cement plant will involve 89.17 ha and 263.93 ha for limestone mining. The total forest land to be acquired stands at 361.99 ha. The mountain where the limestone deposit is located rises from river Satluj at 620m above MSL to 1800m above MSL. With this greenfield plant, Lafarge hopes to significantly increase its cement capacity from 5.5 million to 8.5 million tonnes.
Project Area (in hectares)361.99
Level of Investment (in USD)INR 900 Crores (approximately 142,000,000)
Type of PopulationRural
Potential Affected Populationapproximately 16 villages
Start Date2006
Company Names or State EnterprisesLafarge from France
Lafarge India Private Limited (LIPL) from India
Relevant government actorsGovernment of Himachal Pradesh, Ministry of Environment, Forests and Climate Change, Central Pollution Control Board, State Pollution Control Board, Expert Appraisal Committee, National Green Tribunal, Forest Advisory Committee, State Forest Department, Sub Divisional Magistrate, Deputy Commissioner, Himachal Pradesh High Court
Environmental justice organisations and other supportersParyavaran Bachao Sangarsh Samiti, Karsog, District Mandi

Jai Shri Deo Badeyogi Sangharsh Evam Paryavaran Sanrakshan Samiti, Karsog, District Mandi

Jan Abhiyan Sanstha

Paryavaran Evam Gram Vikas Samiti

Him Niti Abhiyan

The Conflict and the Mobilization

Intensity of Conflict (at highest level)MEDIUM (street protests, visible mobilization)
When did the mobilization beginPREVENTIVE resistance (precautionary phase)
Groups MobilizingFarmers
Local ejos
Neighbours/citizens/communities
Forms of MobilizationBoycotts of official procedures/non-participation in official processes
Creation of alternative reports/knowledge
Development of a network/collective action
Lawsuits, court cases, judicial activism
Objections to the EIA
Official complaint letters and petitions
Street protest/marches
Strikes

Impacts

Environmental ImpactsPotential: Food insecurity (crop damage), Loss of landscape/aesthetic degradation, Waste overflow, Large-scale disturbance of hydro and geological systems, Reduced ecological / hydrological connectivity, Air pollution, Biodiversity loss (wildlife, agro-diversity), Deforestation and loss of vegetation cover, Surface water pollution / Decreasing water (physico-chemical, biological) quality, Groundwater pollution or depletion
Health ImpactsPotential: Occupational disease and accidents, Other environmental related diseases
Socio-economic ImpactsVisible: Loss of landscape/sense of place
Potential: Increase in Corruption/Co-optation of different actors, Lack of work security, labour absenteeism, firings, unemployment, Other socio-economic impacts, Displacement, Loss of livelihood, Land dispossession

Outcome

Project StatusPlanned (decision to go ahead eg EIA undertaken, etc)
Pathways for conflict outcome / responseStrengthening of participation
Under negotiation
Development of AlternativesThe local environment groups have demanded transparency in the planning process and democratic involvement of local stakeholders. Their official submissions have also called out for a review of already existing cement units in the region. Most importantly, they have demanded a revision of regulations concerning setting of cement units in ecologically sensitive zones. The State of Himachal Pradesh has already witnessed cases of cement Units like the Jaypee limestone Plant in Baddi Barotiwala Nalagarh Industrial area which has indulged in grave environmental, legal and human rights violations.
Do you consider this as a success?Not Sure
Why? Explain briefly.Given local determination to take judicial recourse, the NEAA was forced to review the project and declare a verdict in favor of the people and environment. However, that was not taken in true spirit by the High Court of Himachal Pradesh which set aside the decision of the NEAA. The Project has been recommended for environmental clearance and it will now depend on the granting of Stage I Forest Clearance by the Forest Advisory Committee. It is still to be seen whether the submissions made by environmental justice groups highlighting the violations of FRA, impacts on local agricultural economy, cascading of Sutlej valley with hydropower plants, and socio- economic implications of a project like Greenfield will stand acknowledged.

Sources and Materials

Legislations

Forest Rights Act 2006

Forest Conservation Act 1980

The Water (Prevention and Control of Water Pollution) Act 1974
http://www.moef.nic.in/legis/water/wat1.html

The Air (Prevention and Control of Pollution) Act, 1981
http://www.moef.nic.in/legis/air/air1.html

References

La Farce? A Report on Lafarge's proposed Greenfield Cement Plant. The report has been prepared in collaboration with local environment groups and community leaders on socio-economic and environmental impacts of the Greenfield cement plant.
http://www.himdhara.org/wp-content/uploads/2012/03/Lafarge-Investigation-Report_ERAC.pdf

Links

Enviornment clearance for Lafarge cement plant revoked in Himachal
http://www.himachallive.com/enviornment-clearance-for-lafarge-cement-plant-revoked-ijn-himachal.html

Lafarge in the race for Himachal cement plant
http://www.business-standard.com/article/companies/lafarge-in-the-race-for-himachal-cement-plant-106062101096_1.html

Green court says no to Lafarge project in Himachal Pradesh
http://www.business-standard.com/article/companies/green-court-says-no-to-lafarge-project-in-himachal-pradesh-110091400074_1.html

Appeals body scraps Lafarge plant approval
http://www.tribuneindia.com/2010/20100914/himachal.htm#2

Ministry clears, but green court blocks Lafarge
http://www.hindustantimes.com/newdelhi/ministry-clears-but-green-court-blocks-lafarge/article1-599805.aspx

Alsindi cement plant runs into rough weather
http://www.tribuneindia.com/2010/20100914/himachal.htm#2

Lafarge spreads India footprint
http://www.dnaindia.com/money/report-lafarge-spreads-india-footprint-1055547

Environmentalists, Villagers Oppose Greenfield Lafarge Cement Plant In Himachal
http://hillpost.in/2009/07/environmentalists-villagers-oppose-greenfield-lafarge-cement-plant-in-himachal/13974/

Other Documents

Forests in the Mining area Mixed and dense forests in and around the mining area in Alsindi village
https://file.ejatlas.org/docs/mixed_and_dense_forests_in_mining_area.JPG

Forests above Alsindi village
https://file.ejatlas.org/docs/forests_above_alsindi_village.JPG

Meta Information

ContributorHimdhara Environment Research and Action Collective, Himachal Pradesh, India (www.himdhara.org) and Daniela Del Bene, ICTA - UAB ( d.delbene_at_gmail.com)
Last update19/11/2015

Images

 

Forests in the Mining area

Mixed and dense forests in and around the mining area in Alsindi village

Forests above Alsindi village