The following was said regarding the aim behind organising the protest:

“Konkan is known for its vast bio-diversity forests, rock carvings, coconut and mango groves, clean and beautiful beaches; but recently, a situation has arisen as to whether the vast beaches and natural resources here are rising at the root of Konkan. Many destructive projects are being launched in the name of Konkan in the name of development. Raigad area, which is part of Konkan, has always been engulfed by polluting projects. Many projects in Ratnagiri and Sindhudurg districts are being imposed on the public in the name of employment. By setting up a refinery project in the Barsu-Solgaon area, the nature, agriculture, fishing, coconut-palm, mango-banana gardens are going to be destroyed. Now is the time to fight.”

At the protest, alternatives were also be presented to force the state government to adopt an alternative development policy that creates environmentally balanced employment based on natural resources in Konkan.

Background of the refinery

The Ratnagiri Refinery and Petrochemical Project, proposed in 2014 by the Modi government and the Maharashtra BJP-Shiv Sena government, has been endorsed as Asia’s largest oil refinery. It was supposed to be a joint venture between three Indian PSUs – Indian Oil, HPCL, and BPCL – and Saudi Arabia’s Aramco and the National Oil Company of the United Arab Emirates.

The project was proposed to be located in Nanar over a 200-square-kilometer area. While land-grabbers, speculators, and BJP leaders eager to expand the party’s presence in the Konkan region embraced the project concept, locals and activists led protests against the proposed project, citing concerns that the Konkan area has already been overloaded and overcrowded with several major plants, which has already resulted in the environment taking a heavy toll.

It is important to note that, since the Tarapur nuclear power plant was built in 1969, a slew of projects have sprung up along the coast, polluting the air and discharging hazardous effluents into the creeks without treatment. Locals and activists have highlighted time and again that all of these projects have wreaked havoc on the environment, resulting in massive water and air pollution, the destruction of local livelihood chains, and massive displacement and dispossession of people. As a result, each project has been the subject of lengthy protests since its inception, with an increasing number of people feeling the adverse effects.

It is also worth noting that previously, in the face of growing public opposition, the Shiv Sena had insisted on the project’s cancellation, and the BJP had been forced to accept the demands of the Shiv Sena and cancel the project. However, with the BJP regaining power by splitting the Shiv Sena, the Shinde-Fadnavis government had announced its intention to restart the project. Previously, the Uddhav Thackeray government proposed downsizing the project and relocating it north of the old site, adjacent to the Jaitapur project, in the Barsu-Solgaon-Devache Ghotane area. Despite the outrage and criticism, the Shinde government had revived the original project idea last year.

In November 2022, the government sent armed police personnel of the Rapid Action Force (RAF) and the Riot Control Police to carry out a route march in Rajapur and the surrounding villages where the refinery is planned. Along with Rajapur police, 60 RAF personnel and 29 Riot Control personnel were part of this march.

In February of 2023, shockwaves were sent through the country when journalist Shashikant Warishe was killed after being run down and crushed by a vehicle purportedly driven by Pandharinath Amberkar, a local land-dealer and accused in multiple land grab cases in the disputed Barsu refinery in Maharashtra’s western Konkan district. Warishe had been covering issues relating to the establishment of Ratnagiri Refinery & Petrochemicals Ltd (RRPCL) near Barsu, which has been met with opposition from some locals.

A few months ago, in April 2023, local protests had flared up against the proposed refinery project and the surveys scheduled for soil testing in Ratnagiri’s Barsu village, pursuant to which Section 144 of CrPC was imposed and protestors were detained. Local activists and journalists, involved in supporting the village against the proposed location of the Ratnagiri Refinery Petrochemicals Ltd., were detained too.

Related:

Maharashtra Govt compelled to withdraw 144 orders against residents & protesters: Barsu Refinery

#NoToBarsuRefinery: Protestors manhandled and arrested, activist re-arrested after attaining bail

Activist actively involved in protesting against the Barsu-Solgaon refinery project detained by police

Journalist Shashikant Warishe murdered for uncovering anomalies in the Barsu Refinery project

The post #NoToBarsuRefinery: Protest in Mumbai to demand permanent deportation of the refinery project appeared first on SabrangIndia.

A Joint Call from a Citizen’s Collective, Civil Rights and Environment Groups on World Environment Day, June 5: Mega crore  infrastructure projects in Maharashtra – from Ratnagiri, Raigad, Palghar, Thane and Mumbai have endangered the Konkan, destroying forests and the coastline, causing severe air pollution, besides  displacement of scores of communities and loss of livelihood. People are now burdened with the loans taken for these projects.

Throughout May, the Indian Metrological Department (IMD) issued repeated warnings of a heatwave in Mumbai, Thane and parts of the Konkan. Barely a few months ago, citizens of Mumbai experienced the worst air pollution in years. Between January 29 and February 8, Mumbai overtook Delhi as the world’s second most polluted city in terms of the global Air Quality Index (AQI).

We are reeling under the impact of climate change. We struggle to breathe clear air and dust particles from construction sites have caused chronic respiratory illnesses. The heat wave has been exhausting and at least 13 people in Maharashtra died due to heat stroke in April. For scores of citizens, travelling to their workplaces is daily torture.

Citizens are experiencing the ugly impact of the cutting down of hundreds of trees and forests for infrastructure projects, the displacing of scores of people and the destruction of traditional vocations and livelihood patterns in the name of development. These rampant destructive spate of activities do not align with the objectives of protecting and nurturing the environment and protecting the lives and livelihood of people.

We, civil society activists and environment protection activists have come together to speak about the negative impact of various ‘development ’projects undertaken by the Maharashtra government. We ask “If not for the people of the state, for whom is this destructive development for? Who benefits from it?”

So far, a repressive government in Maharashtra has clamped down on voices of dissent who have been served with externment notices and FIRs. A Citizen’s Collective from Environment and Right Based Peoples’ Movements have come together to demand action from the Government to protect the Environment on Monday, June, 5on the occasion of World Environment Day. The Venue for the public meeting between 5-7 p.m. is 2nd Floor, Marathi Patrakar Sangha. Near Azad Maidan, Mahapalika Marg, Fort.

The Collective has put together a summary of the environmental impact of some of these destructive initiatives in the Konkan, Palghar and Thane district and Mumbai:

Barsu-Solgaon

Since April 23, 2023, the Maharashtra government has deployed unprecedented police personnel in Barsu Solgaon, Block Rajapur, District Ratnagiri to conduct soil testing and other tests for the Ratnagiri Refinery and Petrochemicals Ltd (RRPCL) project. Organised under the banner of the “Barsu Solgaon Panchkroshi Refinery Virodhi Sanghatana”, the villagers have been opposed to the refinery’s impact on their land and the destruction of the ecosensitive areas of the Konkan.

The refinery, an over Rs three lakh crore project, is a joint venture of Saudi Aramco, Abu Dhabi National Oil Company (ADNOC), Indian Oil Corporation Limited, Bharat Petroleum Corporation Limited, and Hindustan Petroleum Corporation Limited. In 2015, the project was proposed to be located in 17 villages in Rajapur taluka and Sindhudurg district but after stiff resistance from local villagers, it was shifted 20 kilometres from Nanar to Barsu-Solgaon in 2019.

The cynicism of planners in exploiting the natural resources of the area is obvious: Over 200 people, including government officials, journalists and others who had advance information on the refinery project, purchased land at cheap rates between 2019 and 2022!

Environmental activists have been arrested, face externment notices or threats to life. On February 7, 2023, Sashikant Warishe, a reporter with Mahanagari Times, was callously and deliberately mowed down by a land broker Pandharinath Amberkar. Warishe used to write on the irregularities in land acquisition and the adverse impact of the refinery. At least 45 women were detained (and arrested ?) when they protested the land surveys being conducted in the area.

Besides rice fields, the world famous Alphonso mango and cashew orchards, Barsu Solgaon has Mesolithic Age geoglyphs, depicting animals like the one-horned rhino, the tiger, and the elephant, which were perhaps found in this region thousands of years ago. In fact, the largest geoglyph in the Konkan, at least 57 feet wide by 17 feet high, is in Barsu.

Beside the threat to these ancient relics of human settlements, the villagers fear the destruction of natural resources, nature-based livelihoods and a rich cultural heritage and environment. Besides, the refinery will also result in disruption of fishing activities, with the setting up of a number of downstream petrochemical industries and a port at Ambolgan village around 24 km from Barsu, for unloading crude oil.

While the government claims the land is “barren”, the villagers know better. They point out that the laterite plateaus of the Western Ghats are actually biodiversity hotspots that sustain them and, during monsoons, help preserve water that percolates into the porous rocky terrain and recharges aquifers at the base of the plateau.

Indeed, even the UNESCO recognises the entire Western Ghats are one of the world’s eight ‘hottest hotspots’ of biological diversity. The forests of the site include some of the best representatives of non-equatorial tropical evergreen forests anywhere and are home to at least 325 globally threatened flora, fauna, bird, amphibian, reptile and fish species, of the 7,402 species of flowering plants, 1,814 species of non-flowering plants, 139 mammal species, 508 bird species, 227 reptile species, 179 amphibian species, 290 freshwater fish species and 6,000 insect species. The Western Ghats have immense geomorphic value, with their influence over monsoon patterns and the natural barrier of the mountains to the south-west monsoon.

Raigad

For several years now, farmers of Roha, Murud and Pen taluks of Raigad district have been struggling against mega projects that are set to transform the entire area. Currently, land acquisition, a majority of which is compulsory, is on at breakneck speed for several projects, including the JSW Dharamtar Port Ltd (JSWDPL) expansion, the Virar Alibag multimodal corridor, the Pharma park, the Navi Mumbai airport and the Sambarkund Dam project. A huge paper pulp industry is coming up at Shahapur Dherand in Alibag tahsil.

In the last two decades, due to mega projects, there has been the conversion of one lakh acres agricultural land to non-agricultural (NA) land and another 60,000 acres are about to be converted to NA land.

This is serious as it affects the environment at large, besides the livelihood of farmers. Local farmers are against these projects and have, time and again, outlined their detailed reasons why they oppose them. But their voices have fallen on deaf ears.

According to the official data, over the last 20 years, there has been a decrease in the area under paddy cultivation in Raigad district by 39,264 hectares i.e. 98,160 acres, due to urbanization and other projects. Also, with the land acquisition and land use conversion that is going on in the district, at least 52,062 acres of land is being diverted from agriculture to other purposes in a single year.

This is a huge loss of jobs, livelihoods, and the environment. Compared to that, new job creation is not seen. The carrot of employment generation is shown in every project prior to land acquisition but in reality it does not happen. Hence, the rate of migration is increasing.

According to Section 10 of the Land Acquisition Act (2013), the area under acquisition in districts should not be beyond certain limits. But this issue is not taken into consideration while issuing the acquisition notification. The government is working towards erasing the identity of Raigad district as a rice granary and is eliminating the peasantry here.

Land acquisition is a violation of Section 10 of the Land Acquisition Act, 2013. The said acquisition should be done in accordance with the Land Acquisition Act 2013, by which the project affected have the right to reject the project. But the government has surreptitiously tweaked the law in 2018. This is tyranny.

Whom do all these projects actually benefit? Why are Indian farmers being hit to benefit international companies? We are citing these examples to illustrate our point:

• Pharma Park is a chemical and polluting project of Central Government and is adjacent to Eco Sensitive Zone and Phansad Sanctuary.
• Virar Alibaug Multimodal Corridor is a 39,000 crore project and has no benefit to the local people. On the contrary, their survival is threatened by this project.
• The JSW company has so far destroyed hundreds of acres of land due to pollution and intrusion of salt water into the ground and has caused massive land, water and air pollution. The government pollution control board has no control over the company. On the contrary, the government is doing its best to acquire more land as a reward to them.
• The Zonal Atlas for Siting Industries Report has expressed concern over the increasing pollution in the district and recommended that no more polluting projects be sanctioned. Despite that, land acquisition for chemical projects and mega projects continues.

Palghar

Bullet Train, Vadhvan Port , Expressway and Coastal Road

Palghar district has a new name – District of New Infrastructure Projects.

Over the last few years, the Bullet Train Project, the Mumbai-Vadodara Expressway and the Delhi-Mumbai Freight Corridor (DDFC) have sliced up the district, destroying forests, fruit orchards and farmlands, reducing the predominantly tribal farmers to precarity and endangering their livelihood and culture.

The farmers may have eventually acquiesced to the land acquisition for the 110 lakh crore Bullet Train project, but it does not imply that they support it. The said Bullet train project is the epitome of misplaced development priorities, as it runs through the tribal area which is lacking in roads, medical and educational facilities. Shouldn’t providing these facilities be the focus of development, instead?

The various infrastructure projects are inter-linked. The high speed “Bullet” Train, is expected to put Vadhvan Port, through the Station at Boisar, on the fast track. The cargo that will be offloaded at Vadhwan will be transported by both the DDFC and the Mumbai-Vadodara Expressway. A broad strip of land having a width of 100 -120 metres has been acquired for the Expressway. It has caused havoc to the daily life of those whose lands have been acquired. The recent inhuman incident at Dhanivari village exemplifies the irregularities in the land acquisition process. As land rights have not been recorded, many of the tribal cultivators were being denied compensation!

The Expressway has already caused irreparable damage to the forests and hillsides which have been cut away. But there will be far more damage due to the construction of a 25 feet high embankment on which the Highway will run. This will have a lasting impact on the ecosystem and environment in the region. Soil for the construction of the DDFC and the embankment for the Expressway is being sourced by unscrupulous contractors from the agricultural lands of tribals and the hillsides in tribal villages, causing irreparable environmental damage. Further, the proposed Vadhvan Port will be constructed on 4,000 acres of land that is to be reclaimed land offshore near Dahanu.

Various hillsides in Palghar taluka have been earmarked for sourcing the stone, rock and earth for the reclamation. This will destroy and change the geography and environment of the area permanently. Additionally, the 4000 acres of land to be reclaimed in the sea will push the sea waters into the coastal villages and will cause severe flooding of the coastal area, which anyway will have to deal with the rising sea-levels due to global warming.

The Coastal Road and the proposed Vadhvan Port, the largest Port in the Asian continent will destroy the livelihood of the fishing communities. The site of the proposed port is rich in marine diversity and is one of the few breeding grounds for ghol and other varieties of fish. The quality of bombil that is caught in this area is exceptional.

The area is rich in various types of corals.

Vadhwan also has very strong cultural significance for some communities as the Port will encompass the Shankodar temple which is believed to be the place where Lord Rama performed the last rites of his father.

The fishing community will also be impacted; thousands of Adivasi fishworkers will also lose their employment. Orchards which produce vegetable and fruit for the Mumbai and overseas market will be destroyed. The local die-making industry which provides self-employment to almost every household in the area will be overrun by the port activities. The alternative employment that the mechanised and ultra-modern port will offer will be far less than the existing employments and livelihoods that will be destroyed.

The local villagers are opposing the Project tooth and nail, but the government appears to be hell bent on pushing it through.

Thane

Thane, once known to be the city of lakes and also as a green paradise, has seen detrimental environment degradation over the years. The destruction has been brought about at all fronts, especially due to the unhindered urbanization. It’s Creek, Forests, Trees and Lakes are all under unprecedented attack by several forces.

While the Thane Creek continues to see loss of mangrove due to encroachment, dumping etc, the Lakes are concretized and unscientifically beautified. Thane Municipal Corporation’s apathy towards the upkeep of trees and distribution of cutting permissions with no transparency and scope for public participation has caused massive tree cutting across the city.

The city is also blessed with a national forest called Yeoor within its limits. However, that too has been in danger due to Hotels, encroachment, parties, unregulated traffic, political nexus and more.

The above loss has been causing air pollution which is met with unscientific mitigation measures such as mist sprays that only vanishes tax payers money in air.

Mumbai

Metro Project and Aarey

Of the major infrastructures projects executed in Mumbai over the last decade, the mega crore Metro project has caused the most disruption in the daily lives of Mumbaikars. The slogan written on the barricades erected by Mumbai Metro Rail Corporation says Mumbai is Upgrading. But have these projects improved the quality of citizens’ lives? And what about the monumental environmental and fiscal cost of the entire project?

While citizens have put up with the inconvenience, hoping for better, more efficient and clean transport, the construction of the car shed for Metro 3 in Aarey forest has had the most damaging environmental impact. But it is not the only one.

The Metro 3 Car Depot has destroyed the homes of tribal families, threatens the very catchment and floodplain of Mithi, a critical river for Mumbai, decimated forests and endangered a thriving ecosystem that sustains animal and avian life. Tribal families were falsely projected as encroachers by MMRCL. Their homes were demolished and land was snatched away for Metro 3 Car Depot. More than 2500 trees have been cut in Aarey forest for this project. The Mumbai Metro Rail Corporation (MMRCL) did not disclose the correct number of trees to be felled to the Apex Court.

Metro line projects attract huge amount of capital investments as well as operational costs. Why is there such a shocking lack of planning that will ensure optimal utilisation of all resources, including precious land, to benefit citizens?

The saga of the Metro car shed in Aarey is a story of how planners wilfully disregard environmental considerations, despite expert recommendations and public protests to preserve natural resources and seek alternatives to destruction.

In the DPR of Metro Line 3, land in Kalina and BKC were considered as options for construction of Metro 3 Car Depot. Both these substantial parcels of land, in the possession of the State Government under MMRDA, have close proximity to the alignment of line 3 and are in the middle of the route, thereby reducing the distance of running of empty rakes. In 2015, a Technical committee report had suggested Kanjurmarg as an alternative location for Metro 3 Depot.

In 2015, Environment experts submitted a dissent note against use of Aarey location for Metro 3 depot stating Aarey as a contiguous forest land rich in Biodiversity and the catchment area of Mithi River. This note also says that destruction of this catchment area will result into flooding.

Nevertheless, the BKC land was dismissed stating tremendous commercial potential of the land and the Kalina land was not considered stating that it was only 20 ha and therefore inadequate for a car shed and would hamper the future expansion of Bombay University.

In 2020, meetings held in MMRCL confirmed that 30 ha land is available in Kalina. A design of Metro 3 Depot was prepared by MMRCL for Kalina location. The measurement of the land done by MMRCL on Google Earth revealed availability of 30 ha land in Kalina.

Across the world other commercial and residential projects have been constructed on Metro Yards( for e.g. New York and Hongkong) for optimum utilisation of the land. Mumbai is a landlocked city and hence more care should be taken for proper utilisation of land as a resource.

A report was prepared by MMRDA for integration of Metro Line 3 with 6 to move the Metro 3 Depot to Kanjurmarg to Build an integrated depot for Line 3,4 and 6. Since November 2020 till end of 2022, the land in Kanjurmarg was stuck in litigation and was unavailable for construction of an integrated depot. Land from this same Kanjurmarg location now has been recently allotted to Metro Line 6 to build a Car Depot.

Metro Line 7 and 2A was budgeted at 12700 crores. According to news reports, the actual expense has increased by 7 to 8 % while the budget for Metro Line 6 is 6,700 crores. The budge estimation for Metro Line 3 was 23,136 crore which increased to 33,405 crores. Some of the reasons mentioned for cost escalation are erection of steel deck for road traffic and increase in excavation cost due to presence of basalt rock. Did not Mumbai Metro Rail Corporation (MMRCL) know that Mumbai has basalt rocks underneath?

As per the 2011 Detailed Project Report (DPR), the Metro Line 3 route alignment initially had its last station at SEEPZ. The detailed project report of Metro Line 3 did not have any stations in Aarey Forest but after a public hearing in 2012, a station was introduced in Aarey on the bank of Mithi River. For whose benefits has this station been introduced in a forest area ?

The Colaba Bandra SEEPZ metro line has now been renamed as Colaba Bandra Aarey Metro Line. Metro line 7 has a station names Aarey on the west end of Aarey and Metro Line 3 has another station named Aarey on the east end of Aarey, though the line terminates at Andheri East. In 2015, a letter written by the Managing Director of MMRCL in 2015 to the town planning department spoke about FSI 3 for the Depot area in Aarey.

Are these Aarey stations an invitation for realtors to bring luxury projects in Aarey Forest? As it is, tribal Hamlets in Aarey and Film City have been served slum rehabilitation notices. The adivasis oppose this rehabilitation plan. Already, so many tribal hamlets, with their trees and their unique connection with the environment, have given way to high rise SRA projects and luxury buildings.

Coastal Road

Coastal road is another capital-intensive project budgeted at 25000 crore. The reclamation and permanent alteration of the coastline has totally disregarded the eco-sensitive intertidal zone, destroying coral reefs, artisanal fishing and fish spawning grounds.

Despite long struggles and litigation, the critical warnings of experts, research and reports of rising sea levels, city policy makers and the BMC have gone ahead with the coastal road project – which is nothing more than a road project for private cars.

While public transport has been sorely neglected, take a look at this fact: both Metro Line 3 and Coastal Road run from south to north. Metro Line 3 promises to take off 4.5 lakhs vehicles off the road, decongest the roads and reduce Carbon Footprint where in Coastal Road also promises to decongest the road. If Metro Line 3 is going to decongest the road, then where is the need for such an expensive Coastal Road? Whose interests will it serve? Who will pay for the cost to the environment?

GMLR and Thane-Borivali Twin Tunnel

Two very expensive projects are Goregaon Mulund Link Road (GMLR) and Thane Borivali Twin Tunnel. Budget for both these projects are 10,100 cr and 10,000 crore respectively. Project proponent for Coastal Road and GMLR are Bombay Municipal Corporation. BMC’s 23-24 budget for Mumbai City is 52,619 crores.

Of the 11.84 km-long road project, there will be 10.8 km of twin tunnels beneath the Sanjay Gandhi National Park (SGNP) and One Km of approach roads on both ends (Magathane’s Ekta Nagar in Borivali and Tikuji-Ni-Wadi, Manpada in Thane). It will necessitate the acquisition of 16.54 hectares of private land and 40.46 hectares of land within the Sanjay Gandhi National Park.

In 2021, both projects were exempted or delisted from scrutiny by the Ministry of Environment, Forest and Climate Change’s (MoEFCC) expert appraisal committee (EAC) on grounds that, since the roads are not state or national highways, they do not require an environmental clearance! There was no attempt to even acknowledge that they pass under the national park and they will cause disruption and possibly permanent destruction of the unique ecosystem of the SGNP, which shelters an astounding variety of flora and fauna – an estimated 1300 species of trees and flowering plants,274 species of birds, 170 species of butterflies and 35 species of mammals.

These are only some of the major projects that will permanently alter the environment and destroy lives and livelihoods in Maharastra. Let’s not forget that people from different parts of Maharashtra have lost their lives and homes in floods. At least 36 million hectares of crops was lost in Maharashtra due to climate crisis in last five years.

Despite the threat of more “natural” calamities due to Global Warming and human- made tragedies, our state Government’s primary focus has been to execute several

capital intensive infrastructure projects a breakneck speed, destroying our forests and coastline, valuable ecosystems and biodiversity. These projects have also resulted in the displacement of people and loss of livelihood.

Undermining Environmental Laws

Hitherto, India has a fairly robust set of Environmental and other related Laws. But the Modi government and the BJP have looked upon these Acts as impediments to development and to “ease of doing business”. During the past nine years, the government has diluted or tried to dilute a number of these laws to basically make it easier for the capitalists to do business (and conversely to destroy the environment and livelihood of the poor). It has been overzealously proposing or making amendments to laws and policies relating to land acquisition, forest conservation, wildlife protection, environmental protection, biological diversity, and mining laws.

Earlier, it was mandatory to take Gram Sabha consent prior to diversion of forest land for projects at the initial or in-principle approval stage (Stage 1) of a Project Proposal. But after the Amendment to the Forest Conservation Rules 2022, the Gram Sabha, which is statutorily empowered to manage its forest resources is to be contacted only after Final approval is already granted by the Central Govt!

Further, by virtue of the Forest Conservation Amendment Bill 2023, certain types of land (eg. Upto 100 kms from international borders) are to be exempted from the purview of the Act, implying that Projects in these fragile Himalyan mountain areas do not require any forest clearance nor have to abide by any regulation.

Additionally, by virtue of the new Bill private companies can now raise plantations in the Adivasi and tribal areas on degraded forest land, waste land, and revenue land.

These amendments inform us that the state is moving towards consolidating its command and control over forest land, and forest resources, at the cost of forest dwelling communities, to serve the interests of capital, and big business. Therefore, it is intentionally sabotaging the democratic self-governance framework envisaged under the Constitution which give the Gram Sabha the power to govern and manage its forest, resources, and land for the greater good of all.

As concerned citizens and members of civil society and environmental groups, we are together in trying to raise our voice against such mindless and destructive projects. Some of us have been served with externment notices and face multiple FIRs in different parts of Maharashtra. The government is bent on criminalising our dissent.

On the occasion of World Environment Day 2023, we come together to express our rejection of these destructive projects and to call upon citizens to unite to protect their lives and their livelihood, to nurture trees and forests and the animals and birds that depend upon nature for their survival.

To the government, we demand :

•  An immediate halt to all environmentally destructive projects
• The withdrawal of all the FIRs and cancellation of externment notices filed against all activists protesting these projects  and demand a consultation with residents
•  Restoring the land and livelihood of people who have borne the brunt of reckless projects and a just compensation of their loss
• An economic, social and environmental audit of all projects Identification of alternative sites for projects with full and transparent
• Immediate withdrawal of all recently passed anti-people and anti-environment amendments to environment and forest laws (eg. Forest Conservation Act and Rules)
• All projects be approved only after consent of the gram sabha/local community. We believe it is still not too late to halt this mindless destruction. But if we do not do
• so now, it will indeed be too late.

Several organisations have endorsed this appeal. On Monday June 5 a public function to articulate these demands will be held at

Adivasi Hakka Sanvardhan Samiti, Mumbai

Aarey Conservation Group and Save Aarey Movement

Barsu- Solgaon Panchkroshi Refinery Virodhi Sanghtana

Bharatiya Muslim Mahila Andolan

Bhoomi Sena – Adivasi Ekta Parishad

Citizens for Jutice and Peace

Fridays For Future Mumbai

Justice Coalition of Religious, West India, JSA-Mumbai

Kashtakari Sanghatana/ कष्टकरी संघटना

कामगार एकता युनियन, महाराष्ट्र.

Kamgar Ekta Union, Maharashtra.

Mulbhut Adhikar Sangharsh Samiti (MASS )

Muse Foundation

National Alliance of People’s  Movements, Maharashtra (NAPM)

ओबीसी एकीकरण समिती.

पर्यावरण संवर्धन समिति, वसई.

Paryavaran Sanvardhan Samiti, Vasai.

People’s Union for Civil Liberties, Maharashtra (PUCL)

SAPACC, Maharashtra.

Sarvahara Jan Andolan

Related:

#NoToBarsuRefinery: Protestors manhandled and arrested, activist re-arrested after attaining bail

SC reprimands Mumbai Metro on its bid to fell additional trees in Aarey, imposes Rs 10 lakh fine

Niwari’s Women Farmers Lead the Efforts for Sustainable Farming and Protection of Environment

A path towards combined protection of the environment and workers’ livelihoods

The post Wake up, citizens of Maharashtra! appeared first on SabrangIndia.

Petitioners, situated where protests against the Barsu refinery have been growing stated that the prohibitory orders coercive and an abuse of Section 144 which is at best a temporary provision; on February 12, a local journalist with Mahanagar Times had been brutally killed in the district for allegedly reporting on the refinery and mounting protests against it.

Orders dated April 22 and 25 issued by the Tehsildar, Rajapur on orders of the Maharashtra government under Section 144(2) of the CRPC prohibiting entry of local residents –farmers and agriculturists– from entering into Taluka Rajapur for a period between April 21 and May 31, 2023 have been withdrawn by the Maharashtra government after eight petitioners petitioned the Bombay High Court. The hearings took place yesterday and today.

Orders were challenged before the Bombay High Court. Eight petitioners who say they have been collectively involved in supporting the village against the proposed location of the Ratnagiri Refinery Petrochemicals Ltd    which is located Bambulwadi, Rajapur Tehsil. The proposed refinery to which there has been a spirited opposition is supposed to consume the land presently with the villages of Kashingewadi, Sagve, Vilye, Dattawadi, Palekarwadi, Katradevi, Karivane, Chouke,     Nanar, Upale, Padve, Sakhar, Taral and Gothivare in Rajapur taluka of Ratnagiri district.

The petitioners, Amol Bole, Nitin Jathar, Pandurang Joshi, Eknath Joshi, Narendra Alias Appan Joshi, Vaibhav Kolvankar and Kamlakar Maruti Gurav residents of Rajapur, Ratnagiri district with some also staying in Mumbai. They have claimed that both their freedom of movement, right to livelihood and freedom to protest are affected by these orders, petitioners claim. Through the orders they were not simply prohibited entry but “banned from posting any post, picture, video on social media which may cause confusion and which may incite a law and order situation in the area.” There was an implicit warning (threat) in the orders to the effect that any failure to abide by the aforesaid conditions will lead to prosecution under Section 188 of the IPC.

Shockwaves ran across Maharashtra at the brutal murder of Shashikant Waghmare a journalist covering the protests at the refinery sire. Media had reported that for two years now, Warishe had been regularly covering issues faced by residents in connection with the setting up of the Ratnagiri refinery and petrochemicals factory.  “He (Waghmare) has been constantly writing about the refinery and the concerns that the villagers had about the project. He wrote extensively on the land acquisition fears of the villagers as well as the concerns of environmentalists,” Sadashiv Kerkar, the editor-in-chief of Mahanagari Times, a  Mumbai- based paper, told The Indian Express.

The immediate trigger for the murder was an article titled ‘Photo of criminal on banner alongside PM, CM and DCM claim farmers protesting against refinery’, where Warishe alleged that Pandharinath Amberkar was a criminal.According to The Indian Express, Amberkar, a real-estate broker, has a history of run-ins with with persons opposed to the setting up of a refinery and petrochemicals factory. In 2020, activist Manoj Mayekar was grievously injured after allegedly being hit by Amberkar’s SUV. Mayekar was in a Kolhapur hospital for two weeks. More recently, Amberkar also assaulted an activist in the court. Police inspector Janardan Parabkar of Rajapur police station told The Indian Express: “Including this murder case, there are three more FIRs registered against him”.

In the present petition before the Bombay High Court petitioners have stated that around January2022, the then chief minister of  Maharashtra wrote a letter to the Central Government proposing a new project side place at Barsu-Solgav-Devache Gothane- Shivane Khurd-Dhopeshwar –called as Barsu Solgav Panchkroshi. It is due to this letter that once  again, villagers had to renew their protests in the area says the petition. Protests intensified in the months of February and March 2023 leading to the imposition of prohibitory orders. Petitioners have been ordered to stay out of their villages and home towns.

Stating that the prohbitory orders are are illegal, mala fide and violate Articles 14, 19 and 21 of the Constitution of India, 1950 and therefore ought to be quashed and set aside. Further, the orders are vaguely worded and therefore can be easily used to harass the Petitioners. It is a letter dated April 21 issued by the Police Inspector, rajapur police station that had led to the orders being issued and details thereof are not available with the aggrieved citizens hence violating settled principles of natural justice since the petitioners were only exercising their fundamental right to protest the proposed Barsu Refinery and Petrochemicals, refinery project based in Taluka Rajapur.

Amol Bole, first petitioner is a resident of Shivne Khurd, taluka Rajapur, Ratnagiri district having been brought up there and engaged in farming. His family is settled in Shivne Khurd and his children are enrolled in village schools there. The second petitioner, Nitin Jathar, is a citizen of India residing in Mumbai and owns agricultural land in Taral village of the same taluka and district from from which he earns his livelihood and is engaged in mango cultivation. He alternates his life between Mumbai and Taral to look after activities necessary for the mango cultivation. Prahlad Joshi the third petitioner resides at Goval Khalchiwadi in Rajapur taluka where he resides with his mother, busy in the occupation of farming. Similarly the other five petitioners are also farmers and residents of the area. More than anything else it will impact on the livelihood of petitioners and hundreds of other families. The proposed location of the Refinery would severely impact farming activities on which the lives of the Petitioners are dependent, thereby violating their right to “practice any profession, or to carry on any occupation, trade of business” guaranteed under Article 19(1)(g) of the Constitution of India, 1950.

Petitioners, like dozens of other residents have been part of peaceful protests ahead of a survey for the proposed petrochemical refinery project in the area namely the Ratnagiri Refinery and Petrochemical in exercise of their right to freedom of speech and expression under Article 19(1)(a), to assemble peacefully and without arms under Article 19(1)(b) and to move freely throughout the territory of India under Article 19(1)(d).

By issuing orders under section 144 (2) of the code of Criminal Procedure, 1973, are trying suppress their freedom of speech and expression to assembly peacefully without arms and also to move freely throughout the territory as guaranteed by Articles 19(a) (b) and (d) under the Constitution of India. The Petitioners state that they are entitled to exercise their rights peacefully and non-violently which they have been doing and exercising of such rights will in no way hamper the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency, or morality, or in relation to contempt of court, defamation or incitement to an offence falling under the restrictions provided under Article 19(2) of the Constitution of India, 1950.

Hence the petitioners have prayed for a quashing and setting aside of these orders.

Legally, by not even hearing the petitioners, the issuance and execution of these orders is in violation of fundamental rights and legal provisions. Such executive diktats are bad in law and have been passed without hearing the Petitioners, and the said orders will deprive the Petitioners of their the livelihood and residence of the Petitioners for more than a month.

As per settled law, a bare reading of Section 144 would indicate that powers under Section 144 Cr.P.C is of a temporary nature, to be exercised in urgent situation of imminent danger, where immediate and speedy remedy is required which is missing in the present case as the prohibition from entry in this case extends for a period of more than one month;

Petitioners have also argued that it is settled law there are various safeguards which have been read into the powers of governments under Section 144. One such safeguard is that the power can be exercised ex parte only when the emergency is sudden and the consequences are sufficiently grave. Mere possibility of danger is not sufficient to invoke the powers under Section 144 CrPC.

The Supreme Court in Madhu Limaye and Anr vs Sub-Divsional Magistrate held that restrictions on the freedoms can only be imposed on ground of maintaining public order and not on grounds of any law and order problem. The blanket ban on the Petitioners from entering into Rajapur Taluka which condition is excessively prohibitory and infringes their rights under Articles 14, 19, 21, Citing another precedent in their favour, petitioners have stated that the Bombay High Court, in Parshuram Patil and Another v. State of Maharashtra, held that under Section 144(2) of the Cr.Pc. a person cannot be externed from his native place and when such an order is issued it affects fundamental rights under Articles 19 and 21 of the Constitution. In another case, Himmat Lal Shafi v/s Commissioner of Police Ahmedabad, the Supreme Court held that merely because of some untoward incident might have taken place in the past cannot be a ground for not granting permission to hold a public meeting.

The copy of the petition may be read here.

Related:

#NoToBarsuRefinery: Protestors manhandled and arrested, activist re-arrested after attaining bail

Activist actively involved in protesting against the Barsu-Solgaon refinery project detained by police

Journalist Shashikant Warishe murdered for uncovering anomalies in the Barsu Refinery project

Journalist detained for interrogation for report on right wing groups

Maharashtra Farmers Set Off on Long March Again, to ‘Fight Till Last Drop of Blood’

The post Maharashtra Govt compelled to withdraw 144 orders against residents & protesters: Barsu Refinery appeared first on SabrangIndia.

Villagers lie down in protest against the survey of their land for the refinery project

As the people’s sit-in protest on the sada areas (laterite plateaus) in Barsu reaches its third day today, two of those detained have finally been released from judicial custody. However, they face externment from Ratnagiri district for the next 15 days.

The drilling at one of the sites in Barsu has begun. The people’s protest continues despite the state’s attempts at subduing it. While no detentions have taken place on Wednesday as yet, people continue to stand their ground in scorching heat to prevent the project from taking over their lands and lives.

On day 2, several women and men were picked up by the police from the protest sites and taken to several police stations, to be released late at night. Several activists, whose homes are in these very villages, remain banished not just from their villages, but the entire Rajapur taluka!

On Tuesday, several women protesters slept across the roads leading to the project sites blocking the police and government vehicles trying to reach there. The locals say that these women were manhandled and taken to police stations in Ratnagiri, Purnagad, Pavas, etc. They were produced before the Court late on Tuesday night, which then ordered them to be released. They were released in Rajapur, in the middle of the night, activists say.

At the moment, local activists have reported the presence of 2 Additional Superintendent of Police, 5 Deputy Superintendents, 125 Police Officers, 1,800 police personnel (amaldars) and 3 reserved forces in Rajapur taluka. Right from day 1 of the protest, the villagers reported that 50-60 police vehicles were making rounds of villages like Barsu, Dhopeshwar, Shivane, Goval, Panhale, Devache Gothane and others across the Barsu-Solgaon region. Notices of externment and those of section 144 being invoked in the taluka were slammed on the doors of several homes in these villages.

How did the current protests begin?

Last week, the activists and locals in and around Rajapur taluka received information that the state is getting ready to begin the survey of the proposed refinery project site in Barsu-Solgaon on Monday, April 24, 2023. Since June last year, the villagers have been thwarting the State’s attempts to conduct the survey, which would mainly consist of drilling bores for soil and water testing. This is seen as the first step, crucial for approvals and assessments, towards the land acquisitions for the refinery.

However, this time, days before the survey was to begin, the State began by bringing in a large police force into Rajapur district . Many activists reported that they can see an increased presence of police in the entire taluka, with around 2,000 police expected to reach the region by Monday. Activist and movement leader Satyajit Chavan, along with other activists, gave a call to all the Kokanvaseey (the people of Konkan) to come to Rajapur and stand in solidarity with the people of Barsu-Solgaon.

On Saturday, April 22, Satyajit Chavan and Mangesh Chavan, another local activist associated with the anti-refinery movement, were detained by the Ratnagiri police. Satyajit is a renowned leader of the movement in Barsu-Solgaon, who has worked extensively with the local farmers, fishermen, pastoralists and others, mobilising the movement. Mangesh, on the other hand, was not very actively involved in the anti-refinery movement. However, activists say that he was still detained for his involvement in past people’s movements like the protest against Jaitapur Nuclear Power Project in the same district.

The latest reports say that Satyajit Chavan and Mangesh Chavan have since been released from preventive detention with externment from the district for 15 days. However, Satyajit Chavan has been taken to Rajapur police station for completing a bail procedure in an older case, wherein he is facing separate charges which include unlawful assembly, rioting, disobedience among others.

With these detentions, it became clear to the villagers that the state was trying hard to get the survey done this time. To add to it, last Saturday ( April 22, 2023) evening, the District Collector called a meeting of the refinery supporters and protesters. However, the refinery protesters have alleged that they were given the notice about the meeting barely 30 minutes before it was scheduled to begin. Very few could make it to Rajapur city to attend the meeting at such short notice. They claimed that known supporters of the project seemed to have been given notices on time, enabling them to remain present in large numbers.

It was on Saturday itself, that notices of externment and section 144 began to be drawn by Rajapur’s tehsil office and Magistrate Office.

Externment Notices: An attack on people’s fundamental rights

All the actions coming from the government to contain the protest reeks of an impediment to people’s right to freedom of expression, to their right to protest and indeed, their very right to life and livelihood.

Until now, at least four activists associated with the movement against the refinery have been detained by the police, only to be released on the condition that they will not enter the district. Moreover, over 100 protesters, local women and men from the villages affected were picked up by the police from the sites of the protests on the second day.

At least six activists associated with the protests have received externment notices, barring them from entering and moving around Rajapur taluka. All of them have their homes and livelihoods in the taluka itself. Yet they have been barred from entering the taluka till May 31. Section 144 has been imposed within 1 km radius of the drilling site at Barsu Sada, Barsu, Panhale Tarfe Rajapur, Dhopeshwar, Goval, Khalchi Wadi Goval, from April 22 to May 31.

Apart from Satyajit and Mangesh, three other activists who had come to Barsu from Mumbai were picked up by the police on Monday. While one of them was released immediately, two were detained and then produced before Lanja Court. According to local activists, they were produced in Lanja Court because of the lack of lawyers there. The two were then released and externed from the district.

Even earlier, for the past several months, Satyajit Chavan and five others actively leading the movement, were fighting externment notices issued to them for being involved in the anti-refinery protests. They were being threatened with exile from the Ratnagiri district itself, which the activists said would lead to restrictions on their access to two neighbouring districts of Sindhudurg and Raigad as well. Again to mention that all these activists have their homes in the Ratnagiri district.

Press freedom in shackles

Around two months ago, the anti-refinery movement and the suppression of the people associated with it gained national attention after the murder of local journalist Shashikant Warishe. Warishe worked with the local Marathi newspaper Dainik Mahanagari Times and extensively covered the protest against the refinery. He was run over and killed in broad daylight by a refinery supporter with known ties to politicians, Pandharinath Amberkar, hours after Warishe’s report against the latter was published. In the report, Warishe referred to Amberkar as an “accused in serious offences” and questioned why the state government was associated with him.

Warishe’s murder drew condemnation from across the nation and the State formed a Special Investigation Team to probe into it. However, activists say that while Amberkar continues to remain in jail, nothing much has happened as far as the probe into the case is concerned. In fact, an activist shared that Satyajit had been asked to come for a probe in connection with Amberkar by the Ratnagiri police, the day before he was detained. He had not appeared the same day.

Moreover, representatives of several media houses, especially Marathi TV news channels, who went to Barsu to cover the anti-refinery protests over the last two days, were barred from going near the protest or survey sites by the police. Most of the detentions, alleged manhandling of protesters by the police and alleged use of force were reported at the time when the media personnel were not allowed to cover the protest.

The political leaders in power have been seen making statements that the locals are being provoked by outsiders. Some of them are also saying that the villagers are protesting for compensation for the land and not against the refinery itself. But statements, videos of the locals coming directly from the field say otherwise.

The local protesters look at it as a tactic of intimidation by the state. “But the people are not going to fall for it, the protest will continue,” they say.

Prajakta Joshi, Chief Reporter of Indie Journal, has been covering the protests in Barsu.

This article was first published on Free Speech Collective on April 26, 2023.

The post State govt clamps down on peoples’ protests in the Konkan: Maharashtra appeared first on SabrangIndia.

The video can be viewed here:

Very disturbing visuals from Barsu emerging since morning.

Protesting villagers are being manhandled by the police, especially the women protestors are detained and are shifted from the area.

Video: @TV9Marathi pic.twitter.com/55wgkdEmqF

— Hrushikesh (@Reashiee) April 25, 2023

In another video, the police can be seen threatening the villagers to vacate the area to forcefully conduct the surveys.

The video can be viewed here:

From the visuals police can be seen threatening the villagers to vacate the area to forcefully conduct the surveys. pic.twitter.com/nYViTCKTra

— Hrushikesh (@Reashiee) April 25, 2023

Even during this deadly heat wave, the protesting women had come out in large numbers and were exercising their right to protest and dissent in order to protect their land, nature and livelihood. And yet, they were being illegally detained and being transferred.

The video can be viewed here:

In this deadly heatwave women have come out in large numbers and are protesting to protect their land, nature and livelihood. But police has detained them and have shifted them to Ratnagiri the district town.
Head of the Refinery Virodhi Sanghtna from Mumbai has been arrested. pic.twitter.com/ieWiphYrjO

— Hrushikesh (@Reashiee) April 25, 2023

Poor villagers, who are mostly indulged in the occupation of farming, have been protesting against the said project for two years. Speaking to a local journalist, one such protesting farmer stated “They have given us externment notices, they have barred some of us from our own district. During night, they are entering our houses, is it right to serve notice at night? You come in the morning, give notice, take people but you come at midnight 1 am- 2am and harass people?” He further said that “I live in the jungle, police entered my house at midnight, and my wife was alone there, when police left she fell down in dizziness. They put a notice on my house, who am I? I am a simple farmer. Why did they put a notice on my house? Show me one reason for it!”

Not willing to succumb to the oppressive tactics of the government, the protestor then says “Just because I am opposing the project, I am at fault? My panchayat has already given you the resolution! I will fight for my land! My fight for my land will continue!”

The video can be viewed here:

LISTEN TO THIS!

Keep aside your sustainability jargons!

This is real!

Attaching the English transcription along with this video

“Government is not at all understanding the reason why we are protesting from last 2 years because we are poor farmers. (1) pic.twitter.com/BeV9Qu3GVO

— Hrushikesh (@Reashiee) April 24, 2023

As reported in the Times of India, a total 111 protestors were picked up by police on Tuesday. As per the information provided, three Mumbai-based activists were among those arrested and released by a court in Lanja. As is being alleged, the police had dropped them off at Panvel. It is also essential to note that Activist Satyajit Chavan, who had been detained by the Ratnagiri Police was released on bail but has been arrested again on different charges. Allegedly, the sections of Indian Penal Code that have been invoked against him are- 143 (Punishment for Unlawful Assembly), 147 (Punishment for rioting), 149 (offences against public tranquillity), 314 (intent to cause the miscarriage of a woman with child,), 109 (Punishment of abetment), 186 (voluntary obstruction of public servant in discharge of public functions), and 188 (Disobedience to an order lawfully promulgated by a public servant). He has now been taken to the Rajapur Court.

On April 22, activists Satyajit Chavan and Mangesh Chavan, who have been actively involved in the movement against the Barsu-Solgaon refinery project in villages in Ratnagiri district’s Rajapur taluka, were detained by Ratnagiri police. The above-mentioned activists were placed in preventive detention, according to Ratnagiri Police Station In-Charge, as the administration was set to begin a survey of the proposed area for the refinery in the Barsu-Solgaon surroundings, something that the villagers have been opposing vehemently for the past two years.

Related:

Activist actively involved in protesting against the Barsu-Solgaon refinery project detained by police

Journalist Shashikant Warishe murdered for uncovering anomalies in the Barsu Refinery project

Journalist detained for interrogation for report on right wing groups

Maharashtra Farmers Set Off on Long March Again, to ‘Fight Till Last Drop of Blood’

The post #NoToBarsuRefinery: Protestors manhandled and arrested, activist re-arrested after attaining bail appeared first on SabrangIndia.