---------- Forwarded message ----------
From: Biodiversity Centre <[email protected]>
Date: Sun, Jul 4, 2010
Subject: [forestrights] Plachimada tribunal to be formed
To: [email protected]
Cc: [email protected]




This decision did not come about easily. See the news reports below.
Rajagopal


Coke plant: VS overrules minister, clears tribunal

http://www.indianexpress.com/news/coke-plant-vs-overrules-minister-clears-tribunal/640827/

Shaju Philip Posted online: Thu Jul 01 2010, 04:23 hrs

Thiruvananthapuram : Rejecting opposition from the Industries Ministry,
Kerala Cabinet on Wednesday decided to form a tribunal to assess and realise
compensation from Coca Cola for the damage caused by its bottling plant at
Plachimada in Palakkad.

A committee appointed by the government earlier had recommended formation of
the tribunal, saying the Coke unit, defunct since 2004, had caused damage to
the tune of Rs 216.26 crore.

CM V S Achuthanandan said the Law Ministry has been asked to take necessary
steps to form the tribunal. He said the bottling plant had caused severe
damage to agriculture in the area. Even new-born babies have been affected
by various diseases.

Industries Minister Elamaram Kareem had opposed formation of the tribunal,
on the ground that such a step would set a bad precedent in the industrial
sector. Principal Secretary, Industries, T Balakrishnan, in the department’s
reply to the recommendations of the government panel, had suggested that the
Coke plant should be allowed to resume operation or it should be relocated
to an area where industrial water supply scheme could be introduced.
However, the RSP, which controls Irrigation Department, objected to the
findings. The panel to look into the damage was headed by Principal
Irrigation Secretary K Jayakumar.


mmmmmmmmmmmmmmmmmmmmmmmmmm


Cabinet to take up report on Plachimada today

C. Gouridasan Nair

Jayakumar committee has put the damage caused by cola company at Rs.216.26
crore.

THIRUVANANTHAPURAM: The State Cabinet will take up the K. Jayakumar
Committee report on the ecological damage caused by Hindustan Coca-Cola
Beverages Company at Plachimada in Palakkad district at its meeting here on
Wednesday.

The Cabinet has before it the conclusions and recommendations of the
14-member Jayakumar committee, which has estimated the damage caused by the
cola company at Rs.216.26 crore, as also a lengthy report by Principal
Secretary (Industries) T. Balakrishnan questioning all the major inferences
of the committee and arguing that the factory be allowed to resume
operations after implementing an industrial water supply scheme in the area.

Tribunal option

Chief Minister V.S. Achuthanandan has already gone on record that the
government is proceeding with the constitution of a tribunal to assess and
realise the damages caused by the company, mainly based on the Water
Resources Department's choice of the tribunal option over the proposal for
the constitution of an authority at the Central level.

The Water Resources Department is clearly unhappy about the stand taken by
Mr. Balakrishnan and, according to persons in the know of things, is likely
to push for the constitution of a tribunal. Of crucial importance would be
the stand to be taken by the Communist Party of India Ministers. Party
general secretary A.B. Bardhan had written to the Chief Minister urging him
to take action to compensate the people of Plachimada.

Meanwhile, S. Faizi, environment expert in the Jayakumar committee, has come
out strongly against Mr. Balakrishnan's contentions. In a letter to the
Chief Ministers and members of the Cabinet, he has pointed out that Mr.
Balakrishnan's arguments were meant only to help the cola company if and
when it goes to court against any decision to be taken by the government on
the issue. The factory, he has pointed out, was closed down on the
intervention of a monitoring committee appointed by the Supreme Court and
the Kerala State Pollution Control Board.

Mr. Faizi told The Hindu here on Tuesday that the Principal Secretary's
argument about the company's claims to groundwater in the area was born out
of his lack of knowledge about the National Water Policy 2002 and the Kerala
Water Policy of 2007 both of which gave priority to domestic use and
agriculture over the claims of industries.
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