Actions in the context of the problems relating to Mahanadi have unearthed new materials that expose the case of six barrages in Chhattisgarh which were according to the Union Ministry of Environment, Forest & Climate Change (MoEF&CC) in “gross contravention” of environmental norms. Apparently, the MoEF&CC had written to the Chhattisgarh Government on or about September 20, 2017. The MoEF&CC’s letter focuses on the illegalities indulged in by Chhattisgarh Government. The Central Water Power Commission and the MoEF&CC have not taken any proactive measures to halt the illegalities from being further perpetrated. The six concerned barrages are Samoda, Sheorinarayan, Basantpur, Mironi, Saradih and Kalma. It is also revealed that through this letter, the MoEF&CC has sought for reactions and explanations from the Chhattisgarh Water Resources Department as to why the violations took place and why neither the environment Ministry nor the Odisha Government were informed of the construction of projects. It is further revealed that the details of information regarding submergence to be caused along with displacement of families had been suppressed while seeking environment clearance. What is significant is that the MoEF&CC did not halt further progress of work when there had been manifest violation of environmental laws.
This is not a case like that of the Paradip Port, where Biju Patnaik had started a State-owned minor port. The situation turned almost towards financial emergency. The potentials of the Paradip Port had by then been appreciated. What was adventurously started as a minor port turned out to be a major one. The case of barrages in Chhattisgarh is not within unqualified jurisdiction and domain but in transgression of both of them. It was within the power of the Central Government to issue directions under the respective statutes to halt further progress of construction, etc. It is also to be noticed that the stand of the Chhattisgarh Government is that they had not done anything illegal. They are under the exempt category with irrigation potential below 2,000 hectares. It is also a matter of record that one of the projects, i.e., Kalma is around 15 km from the Odisha-Chhattisgarh border. The MoEF&CC has noticed that no study was conducted regarding the minimum flow to be maintained in downstream and the impact on flora and fauna in the large area to be submerged over a 120-km stretch of the Mahanadi. The MoEF&CC has also suggested a cumulative impact assessment study, which was a mandatory requirement.
The cluster of barrages have already had their adverse impact on the flow of water downstream to Hirakud and to the subsequent stretches of the Mahanadi. It is also to be appreciated that the entire controversy is on the basis of flow of water during non-monsoon period. The attitude of the Central Government seems to drag the matter so that a tribunal that is appointed is under the forthcoming new law (having one national tribunal with a time limit for adjudication of disputes). The record of the hitherto-appointed inter-State river dispute tribunal is not satisfactory. One way would be to pursue the Central Government to bring forth the new law and cause the appointment of the tribunal there-under as expeditiously as possible.
The Odisha Government’s voice has not been heard in announcing any new multipurpose projects on the Mahanadi so that the downstream water is also impounded. There is hardly any noise about interlinking the rivers so as to enable a better water management. Those who are born in 2000-01 will cast their votes in the elections in 2019. Their future in a natural resource, such as water, is in a state of jeopardy. They have to raise their voice and protect their interests. May be multipronged litigation could be pressed into service before different quasi-judicial forums so as to make the Central Government and the Chhattisgarh Government more responsive to the mandates of environmental law and the norms of allocation of water in an inter-State river. Impounding of Mahanadi water through a reservoir is an immediate necessity. A suitable place could be carved out and the Odisha Government should boldly proceed towards implementing that multipurpose project. We should diversify our actions in such a manner as to stop further progress of work in these projects. There is disturbing news that they are about to be completed. Pressure tactics of different types have to be canvassed and galvanised so that the Chhattisgarh Government does not become law onto itself as it has hitherto done. Our indolence also contributed towards their arrogance. The civil society should focus its attention on the youth power and informed public opinion articulated through concrete proposals should be the future strategy. One gets the feeling that there is inadequate attention to formulate a strategy for meeting such an unpleasant but serious situation.
The youth power should also be engaged in analysing and formulating water management, programmatic action plan more for the arid areas. Quick attention should be bestowed on building drainage systems in the areas which accumulate water affecting crops, among other things. Water harvesting, conservation, management and optimum utilisation should be inculcated without any delay. Within a decade, we will be facing serious problems in the water front. While agitating against the excesses indulged in by the Chhattisgarh Government, we should also announce our proactive plan of water management and utilisation. The statusquoist attitude relating to water resources should end. If we do not wake up now, there may be serious problems within a few years. We do not have rich farmers. A majority of our farmers are marginal having small holdings. They are denied of their legitimate rights and entitlements. The minimum support price (MSP) does not cover the cost of production. Distress is inherent in the given pattern of things. It is a concern for everyone, especially the youths, that the maladies of the present situation are suitably remedied.
The vagaries of nature have been a matter of concern for the conscious residents of Odisha. The scenario this year has been dismal with a drought followed by pest menace; and that was further followed by untimely rains damaging the crops. The remedial measures have not reached the actual needy. The headaches begin at the Mandis and do not spare the farmers, even for a day. Any dislocation in the chain of a facilitating flow chart is to be prevented and avoided. The whole system needs an overhauling. A restructuring of the socioeconomic order is the need of the hour. The built-in disadvantages have to be rectified. The involvement would ordinarily take within its sweep all the sections of the society. For a socioeconomic restructuring, the youths have to take the lead. But the issues involved concern all of us!
(The writer, a Senior Advocate, is a former All India Service officer, a former diplomat, a former editor, a former President of Orissa High Court Bar Association and a former Advocate General of Odisha. jayantdas@hotmail.com)