Petition on Jaitapur anti-nuclear protests and police repression

Janhit Seva Samiti

At and Post Madban, Taluka Rajapur, District Ratnagiri.

Dated December 19, 2010

To

Respected District Superintendent of Police,

District Ratnagiri, Ratnagiri.

Sub- Regarding Mass Agitations Against Proposed Jaitapur Nuclear Power Project.

Respected Sir,

This is to bring to your notice that we the project affected community farmers and fishermen of Madban, Mithgavane, Karel Niveli, Nate and Several Surrounding Villages have been waging peacefull protests against the above mentioned Proposed Jaitapur Nuclear Power Project. Since the hazardous and near fatal consequences of the project are increasingly clear, the agitation as you are well aware is spreading. While we have always endeavored to wage peacefull protests, the police under the garb of maintaining law and order have been found to be arresting and pressing grave criminal charges against innocent villagers since August 2, 2010 right upto December 4, 2010 and the recent incident that took place yesterday in which a innocent villager Irfan Kazi was killed due to reckless driving by a vehicle provided by NPCIL and which was in charge of your police force.

These incidents have only instigating the local villagers against your very force and police personnel who are our very brotheren just doing their police duty. In light of the incident yesterday which has disturbed the law and order of the area once again for no fault of the local community, we the activist of the above Samiti and the agitation have met and upon deliberating on the developments so far have resolved to intensify the agitation but in a peacefull manner using the Gandhian Satyagrahi way of peacefull agitations. You may kindly take note of the peacefull manner in which the Jail Bharo Agitation of October 29, 2010 took place at Madban in which around three thousand people participated.

Some of your responsible officers are clearly biased against us and have fallen short in understanding the reasons which form the base of the agitations and the manner in which we have sought to agitate. In fact these officers have time and again provoked the peacefull protestors to take either take law into their own hands or have pressed serious criminal charges against such villagers who were not even part of the agitation. The nature of the charges being pressed against villagers is of such serious nature that it they are not even found to be pressed against hardcore criminals.

In light of the above you may kindly take note that our agitations is against wrongfull and hazardous developmental policies of the government and not against the police, we wish to continue and intensify our agitation but in a peacefull manner till this project is cancelled.

In light of this you are requested to instruct your police officers not to implicate innocent villagers and workers at every opportunity. There is a fear that if this trend continues unscrupulous elements may infiltrate our agitation to create law and order situations which would then be beyond our control and yours too and for we which we shall definitely not be responsible. Hope you shall consider the above and seeing it in true light give necessary instructions to your police officers to maintain restraint in dealing with mass agitations.

Yours Sincerely

Arun Velaskar Madhu Mohite Mangesh Chavan Satyajit Chavan

For

Pravin Gavankar Sharfuddin Kazi Sri Krishna Mayekar Amjad Borkar

Ramesh Kajwe Rajendra Wadekar Saiyyad Habib Vijay Raut

Uttam Pawaskar Anil Tirlotkar Vilas Awasare Prashant Harchekar

Joint inspection confirmed illegalities at Devapan Mine

The Goa State Pollution Board along with water resources department , forest department, agriculture department and committee member of Cavrem Adivasi Bachao Samiti and villagers of Cavrem recently carried out a joint inspection of the Devapan Dongor mine Cavrem Quepem operated by Sheik Salim and Shaik Muktar.

There were more than 200 villagers gathered along with officials to inspect the mine which started from 11 am in the morning and lasted till 3 PM in the evening without any break for lunch.

At the time of inspection the team notice that in violation of the environment clearance which has permitted the mining activity up to the dept of about 120 mts below sea level but the mine owner has dug the pit up to the depth of about 167 mts below sea level. This has caused tremendous damage to the water resource.

It was noticed by the directorate of mines and geology that no royalties have been paid to the government since Jan 2010, till May 2010 even though the mine was in operation without there being legal consent to operate. This was confirmed by the inspecting team from visual inspection of the mine and the verbal confirmation from the directorate of mines representative. Top soil was not stored as per the environment clearance. one Water spring was totally destroyed and 2nd spring is heavily damaged. As per the EC 50 mts on both sides of the nallah should be mining free , and it was thickly vegetated with native forest trees. But the mine owners have completely buried and destroyed in total violation of environment clearance. The Indian bureau of mines did not attend the inspection but forwarded a letter stating that the mining company has violated the mining plan. The authorities were witness to large scale deforestation in private forest land, and the representatives stated that they had not encroached on land belonging to forest dept., but the team pointed out that deforestation in private forest is also contravention of the forest conservation act. All the authorities observed that mining activities had been carried out in the previous week and that the screening plant had been operational in spite of high court order and order from the Goa pollution control board.

Is Quepem Bridge safe for heavy transportation?

The 45 years old bridge on Kushawati River at Quepem which is the only way to link Quepem town to Curchorem, Sanguem and other places is it safe for heavy transportation?

The 100 mts length and 20 mts height bridge on Kushawati river and known as Kushawati Bridge was constructed soon after liberation of Goa at an estimated cost of Rs.10 lakhs by Gammon India Pvt. Ltd. Company Bombay.

The work of the bridge was commence in January 1961 and the same was inaugurated on 18/11/1962. It was constructed in place of the then exiting bridge which was demolished by the then Portuguese regime on 18th December 1961.

In early 2010 the villagers of Quepem raised concern over the safety of the bridge as heavy mining transport was plying over it.

Due to the outcry made by the public the PWD Works Division XXV( R ) in April 2010 through a team of experts from Goa College of Engineering Formagudi headed by professor V. Chodankar , assisted by Dr.G. Hegde, Dr. C.S. Gokhale and S. Kakodkar conducted loading test of the Kushawati bridge.

In May 2010 the Goa Engineering Formagudi team of experts submitted their report in which they have mentioned that the bridge is safe for a maximum loading capacity of 15.4 tons.

In its report for the safety of the bridge the team of experts also suggested 7 measures which includes

1. The shot-creting/guniting may be undertaken for concrete spans to strength it and to cover the sxposed reinforcement particularly for Datta mandir side span.

2. To increase thelofe and to strengthen it, FRP wrapping may be undertaken for all three spans.

3. All the abutment may be cleared of all plants growth including penetration of roots.

4. Suitable jacketing measures may be taken for protecting pier pedestals from scouring and the water way below the may be cleaned and cleared.

5. The side rails/hand rails may be painted and strengthened wherever required.

6. The utility lines running on the bridge may be systematically supported and protected

7. Asphalting may be done for carriageway over the bridge.

That though more than 6 months have been passed apart from not taking any steps over the measures suggested by the experts for the safety of the bridge the PWD Quepem is yet to install a signboard mentioning safe loading limit of the bridge.

Assistant Engineer Rosario Pereira when question about the measures taken to prevent overloading over the bridge informed herald that his department is yet to take steps to prevent overloading over the bridge

Adv. Fredrik Pereira, convener of Quepem taluka mining affected peoples forum and instrumental in carrying out the loading test of the bridge informed that the department is not concerned about the safety of the bridge. He further informed that presently the mining trucks carry more than 20 tons over the bridge, if that continued further then one day the bridge may collapse. He further informed that the PWD is hesitating even to put sign board mentioning the loading capacity of the bridge only to protect the interest of the mining trucks and mining companies.

On Goa SEZ mega scam

The land in phase 4 of goa idc in verna was acquired with grants from central govt for indl growth. In the writ petition 263/08 filed by john philip and august monteiro against 5 SEZ'S in verna and the judgement & order dt 26/11/10 of the mumbai high court is a victory of the people over corruption. In the 11 petition filed in the high court the judgement clearly shows that instead of GIDC developing industries, has acted as a agent by alloting land to SEZ to bring mall, hotels etc causing 3^rd party rights since section 6 of the SEZ act states that even non processing activity are permitted to be set up in the SEZ area.

The decision to allot land to 4 SEZ was held on 19/4/06 in goa idc 's 287 board meeting without proper corum which had to be 5 members but only 4 members present namely

1) babu kawlekar chairman

2) alexio sequeira

3) nitin kunkolienkar

4) a.v palekar MD

AND THE LAND WAS ALLOTED IMMEDIATELY THE VERY NEXT DAY EVEN BEFORE sez POLICY WAS NOTIFIED ON 13/7/06.

In the process allotment of open spaces and internal road were alloted free of charge without the boards permission and later charged at rs 100/-sqmts.

The allotment was done without the direction of section 16 of goa idc act by only support of luizinho faleiro and pratapsingh rane then Cm which was totally illegal.The board also decided not to levy transfer fee sub lease, assignments charges and annual lease rent for SEZ was reduced from 2% to 0.5%.

Tenders were floated for roads which were already in possesion of SEZ at the cost of rs 1,82,30,826/-

In the course of judgement the IDC lawyer stated that since there were no takers for the land in phase 4 the same were alloted to SEZ. IDC did not make it public the availability of the said land and since there were no takers the sais land should have been returned to the original owners as it was acquired

by land acquisition act under urgency clause.

The CAG report was produced in court also confirmed what the petitioners were alleging . The allotment of land has caused more than 100 cr loss to the exchequer.

The house committee under the chairmanship of manohar parrikar has to take immediate further steps to inquire and call all concerned in the scam to depose before him, responsibility have to be fixed on the concerned authority including recovery of losses caused to the exchequer from the concerned person.

The SEZ scam is the mother of all scams in goa, similar to 2G scam at the centre and of the same magnitude.

Goa is systematically destroyed by mining, land acquisition of communidade land, destruction of paddy fields and forest, hill cutting and over exploitation of water through bore wells. The action demanded are,

1) appoint professionals on board of directors if IDC,

2) stop further land acquisition for industrial estates

3) area above certain limit should be auctioned for inds,

4) perceptive plan of development of industrial infrastructure

5) all lands alloted creating 3^rd party rights should be reverted to IDC including 20 pt programme in phase 4.

6) The present govt functionaries should resign on moral grounds

a) pratapsing rane

b) alexio sequeira

c) babu kawlekar

CBI investigation to be conducted and FIR filed on all guilty, also on board members who were present to confirm the minutes and on board members who remained absent for not protesting against the decision.

Petitioners

John philip pereira

august monteiro

Destruction of mand destroyed Dhalo ustav in Quepem

By John Fernandes

Comes the month of October or for that matter once the harvest season is over in villages of Quepem and Sanguem talukas particularly dominated by the Christian Gawda Tribe , during night time one would hear the sweet sound of Dhalo Songs being played by the Christian Tribal women folk on their traditional Mand

Now this has been a past History as since last 15 years due to the rampant criticism made by the religious priest on the “Mand” which was one of the center place for performing different cultural folk dances/activities of the Gawda Tribe, resulted in destruction of the Mand, which intern resulted in wiping out the different folk dances, folk songs, such as Dhalo, which was one of the important cultural festival of the Christian Gawda Tribal women. This also resulted in wiping out the identity of the Christian Gawdas.

In village Ambaulim/Deao of Quepem taluka which are part of Ambaulim Church is consist of 10 small wards inhabitated mostly by Christian Gawdas. In some wards the population of Christian Gawda is 100% while in remaining wards the Gawda Population is 95%. Each wards was having its Mand which was the center place for performing all the cultural activities/dances such as Dhalo, Intruz etc.

Once the harvest season is over preferably in the month of October the Gawda women folk of each ward used to play Dhalo on their traditional Mand particularly during night time. In ward Copelabhat once the harvest of Nagagal peddy field is done the women folk of that ward use to play dhalo on their Mand. The Dhalo festival was performed by the Gawda Tribal women to glorify/pray the almighty or the nature for the harvest.

The Dhalos festival on the Mand was performed in odd days. On the first day of Dhalo that is on the day of commencement the wife of the ward Budwant (head of the village) use to light the Lamp which was kept in the middle of the Mand and lighted every night till the Dhalo Festival is over , followed by busting of crackers. The tribal women then use to gather on the Mand to play Dhalo. They used to stand in two different line holding each one hands and then sing different traditional songs in sweet voice on the rithm of their leg. If one minutely verifys the song each song is having a past history and conveys a message to the villager. In the Dhalo Songs there is even reference of different trees/shrubs having medicinal importance.

The different folk dances which were performed by the Tribal women during Dhalo Festival include Dhalo, Fugdi, Palom, Moraile etc. The village youth who use to gather to see the Dhalo use play “Kolimandani” in one corner of the mand.

The Dhalo Festival use to go that either 3 days, 5 days, 7 days or 9 days. On the last day of the Dhalo large number of villagers including male member from that ward use to gather on the mand to participate in the closing ceremony which was referred as “Mand Nivovop”. Every member who comes on the mand used to bring paddy from their house. The paddy brought by the villagers were collected and then sold to the shopkeeper from the ward and in return sweets and puff rice (chirmuleo) were purchased which were distributed among all those present. In this way the Dhalo festival of Gawda Tribals comes to an end.

However since last 15 years due to the rampant criticism made by the religious priest to the Mand calling it as a devil place and the cultural activities performed over their by the Tribals that to without studying its concept or without studying its importance for preserving the cultural importance of the Tribals resulted in destruction of the Mand along with it, it destroyed the reach cultural heritage such as Dhalo and the typical identity of the Christian Gawdas particularly from Quepem and Sanguem Talukas.

Cavrem tense due to mining

Tension went high in Cavrem on Monday 22/11/2010 morning as the management of Devapan Dongor Mine operated by one Shaik Salim did not comply with the assurance given to pollution control at the hearing held on 19/11/2010.

That the villagers of Cavrem claims that the Shaik Salim Mine at Cavrem Quepem is operating sans permission from the pollution control broad to operate. Presently the hearing in respect of the said mine is under process before the Goa Pollution control board. It is learnt that at the last date of hearing held on 19/11/2010 the management of the mine has given an assurance to the officials of Goa Pollution control board that they will not start the motor to pump water, will not start the plant and will use machinery only to make road and put the rejection dump in order. However the villagers claimed that in violation of the said assurances given to the Pollution control board the management operated the mine and pump water.

The non compliance of assurances given to the Pollution control board irritated the villagers so on Monday morning at around 7.00 AM around 150 villagers gathered at the gate of the mine to high light the issue. That meanwhile the police got the information and immediately two jeep load of police from Quepem Police station headed by PSI Rahul Damsheker rushed to the site to maintain law and order. The villagers remain outside the gate of the mine till 1.00PM after which they disperse. That as soon as the villagers disperse the police also returned back. No untoward incident has been reported. However Cavrem seems to be tense due to the operation of Devapan Dongor mine. The villagers are determined not to allow the mine to operate.

Yesterday 25/11/2010 morning group of hundred villagers met Chief Minister Digambar Kamat at his Margao residence and asked him to close down the Sheikh Saalim mine in their village.

Mining trucks defy High Court order

Defying High Court order which laid the timing for mining truck as 8.00AM to 6.00PM the mining truck operating via Tilamol quepem side on thursday continued even beyond 8.00PM night thereby causing traffic jam and causing inconvenience to the general public. This is about today.

Yesterday at 11.30 am, Zambaulim to Tilamol, some of the trucks overloaded with iron ore stopped one side of the road, at that time counted 221 trucks within half an hour. Each truck loaded 3 trips per day.

Illegal pumping of water from Cavrem Sheikh Salim mine

This is a blatant case of illegal mining. These pictures shows the damage this mine has caused to Hills and ground water in Cavrem, Quepem, Goa.

Cavrem people's march on the mine, police stop

On November 22 tribal people of Cavrem, Quepem marched on Sheikh Salim mine that is operating illegally in the village disrupting their water sources. Goa Police came to protect the mining company. Here are two pictures from the protest.

Cavrem mining disrupts water flow

Cavrem mining in Goa's Quepem taluka disrupts traditional water ways. Adivasi people suffer. This is an edited picture pointing out dumps and nallah (water path).

GOAMAP demands termination of Bandekar mining lease in Sirgao

Goa Federation of Mines Affected People (GOAMAP) demands immediate termination of mining lease 04/1949 belonging to Bandekar in Sirgao village of Bicholim taluka.

GOAMAP condemns the decision of Goa Government to renew this mining lease for another 20 years in a gazette notification issue on 10^th November 2010. GOAMAP considers this mining renewal as an insult to those Sirgao village that is already facing acute water shortages and siltation of paddy fields.

Goa government has included settlement zones - local houses, agricultural fields, water springs, village temples and community places of famous Sirgao Zatra’s venue for its Omkhand in the mining renewal lease of Bandekar.

Villagers of Sirgao has been protesting damage done to their village over the past few years and Goa government instead of lessening their burden has acted in a manner to wipe out Sirgao from the Map of the Planet. Goa’s Mines Minister who is also the Chief Minister - Digambar Kamat - has no right whatsoever to this. His action has once again proved that he is an enemy of Bhahujan Samaj and ecology of Goa.

Cavrem letter to GSPCB on illegal mining

CAUREM ADIVASI BACHAO SAMITI

c/o. Nilesh Gaonkar,

Gaonkarwada, Caurem,

Quepem taluka, Goa

REF NO. 21/10 Date: 24^th November 2010

To

The Member Secretary,

The Goa State Pollution Control Board,

Dempo Towers, 1^st Floor,

Patto Plaza,

Panaji, Goa

Sub: REQUEST FOR URGENT ORDER STOPPING ILLEGAL MINING AT DEVAPAN DONGOR MINE, TC 01/51, CAUREM VILLAGE, QUEPEM TALUKA

Dear Sir,

We, the members of the Caurem Adivasi Bachao Samiti, living in the Caurem village of the Quepem Taluka, request your immediate intervention to save our village from illegal mining at the subject mine, and the disastrous effects of pollution due to it.

We wish to thank you for the opportunity given to us to attend the hearing held regarding the renewal of the Consent to Operate of the subject mine in the office of the Chairman of the GSPCB on 19^th November 2010. However, we are greatly distressed by the fact that in spite of assurances given by the mining company's representatives during the hearing that no mining or dewatering is being carried out at the mine, the mining company has continued its dewatering and mining activities. In fact, they have accelerated their excavations and internal transportation activities after the hearing and have engaged a number of excavators and dozens of trucks in contravention of their commitments to you. They are also pumping out huge quantities of water from the mining pit at nights, thereby causing siltation and pollution of our water ways and paddy fields.

We therefore request you to kindly pass an Order stopping the dewatering and mining activities in the said mine until they obtain the Consent to Operate. Please also give directions to the executive to ensure that the mining company is stopped physically from carrying out mining activities, since they are showing blatant contempt for the law and for their own representations.

We are determined to save our village from any further destruction and shall greatly appreciate your support and co-operation in stopping the illegal mining activities and the irreversible polution of our surface and ground water resources, and for upholding the Law and our Constitution.

Thanking you,

Yours sincerely,

Sd/-

Tulshidas Velip

Secretary

Cavrem letter to Indian Bureau of Mines on illegal mining

CAUREM ADIVASI BACHAO SAMITI

c/o. Nilesh Gaonkar,

Gaonkarwada, Caurem,

Quepem taluka, Goa

REF NO. 23/10 Date: 24^th November 2010

To

The Indian Burean of Mines,

Fatorda, Margao, Goa

Sub: REQUEST FOR URGENT ACTION TO STOP ILLEGAL MINING OPERATIONS AT 'DEVAPAN MINE', TC 01/51, CAUREM VILLAGE, QUEPEM TALUKA

REF: 1) Our earlier letter to you dated 31^st August 2010

2) Our earlier letter to you dated 12^th October 2010, received by you on 25^th October 2010

Dear Sir,

We, the members of the Caurem Adivasi Bachao Samiti, living in the Caurem village of the Quepem Taluka, request your immediate intervention to stop the mining and dewatering operations going on at the 'Devapan' mine, TC 01/51, Caurem village, Quepem taluka. In addition to the grounds stated in our earlier letters referenced above, we bring to your attention the following violations by the ongoing activities at the said mine.

1. Destruction of ground water aquifer and springs: 'Devapan' literally translates as 'God's sacred grove', signifiying the exceptional significance of the life giving ecological wealth of this hill. This hill has some of the most exceptional aquifers in Goa and is the origin of numerous perennial springs, including major ones called 'Paikachi Zor', Khaspurus Zor', 'Talyepat Zor', 'Bulmeachi Zor', 'Khuteachi Zor Ghogho', 'Mestan Zor', 'Gaunkaran Zor', 'Vanvshan Zor' and 'Gallachi Zor'.The present mining pit has already gone deep into the ground much below the permitted levels, and has burst one water aquifer, thereby destroying its integrity, the water quality and quantity, which is serious violation of the conditions imposed by the Environmental Clearance. This has already caused significant reduction in the quantity and quality of water flowing from many of our springs. The last two of the springs named above are inside the active mining area, with the 'Gallachi Zor' being destroyed completely and the 'Vanvshan Zor' is surrounded by mining activities on all side, with the water being used for washing mining equipment. Every day, the mining activities continue to destroy this crucial source of perennial water, and one of main sources of Kushawati River, which is the lifeline of tens of thousands of families living in our village, and in dozens of villages along the route of Karka River, Kushawati River and the Zuari River. We are afraid that if the mining activities are not stopped immediately, more compartments of this aquifer shall be compromised, causing total and irreversible destruction in our village and in other parts of Goa.

2. Destruction of nallahs and buffer zone: The subject mining lease includes three nallahs, which used to carry perennial waters to our fields for cultivation of second and third crops of paddy, sugarcane, chillis, vegetables and for horticulture. The mining company has not only compromised the buffer zones of the nallahs, but has also destroyed the nallahs themselves, in blatant violation of the law.

3. Mining Operations without necessary permissions: The Consent to Operate for the said mine has expired on 1^st January 2010, after which the mine has been operating illegally. During this period the mining company has excavated and transported huge quantities of ore illegally. As per the Orders of the Bombay High Court dated 20^th September 2010 (copy attached), read with the submissions made by the Government Departments, the mine is supposed to be inoperational. During a Hearing held at the office of the Chairman of GSPCB on 19^th November 2010, the representatives of the mining company stated that no mining operations are taking place at the mine. However, the mining activities are continuing till date with impunity, with accelerated speed and urgency.

4. Pollution of water and paddy fields: The illegal mining operations are causing havoc to the water and agriculture in our village, as confirmed by the Show Cause Notice issued by the Goa State Pollution Control Board on 22^nd October 2010 and their Test Reports (copies attached). During the Hearing held at the office of the Chairman of the GSPCB on 19^th November 2010, it was stated by the mining company representatives that the pump(s) in the mining pit are only for emergency purposes. However, the mining company continues to operate the pump illegally till date, and is thereby dumping large amounts of mud in the lands, rivers and paddy fields downstream of the mining pit and destroying them.

5. Forest Rights: The residents of Caurem village are scheduled tribe members and other forest dwellers. The attached copy of the Table no. 20, on page 100 of the “Survey Report on Scheduled Tribes of Goa” states that during the 2001 census, 699 tribal households were ennumerated in our village, which corroborates the actual number of more than 2000 tribal residents of our village. Our Traditional Rights over our Forest Lands, which includes the lands under this mining lease and lands contiguous with them, are now finally recognized by the Union Government under the Forest Rights Act, 2006. The ongoing mining is undermining the objectives of this new enactment and is destroying our Rights before they are even verified by the Government, and is therefore in violation of this enactment. The Environmental Clearance is also based on the false data included in the Rapid EIA & Management Plan Report, which states that there do not exist any tribals in the 22 villages in the study area (copy of page 3.9 of the Report attached). This is abolutely false, since all these villages are predominantly populated by tribals, as verified also by the government data in the Table no. 20, on page 100 of the “Survey Report on Scheduled Tribes of Goa”, which is attached herewith. Secondly, we have not had a proper opportunity to have a Public Hearing as mandated under the EIA Notification, since majority of the villagers were not aware of the Hearing held on 28^th April 2008. Thirdly, attached herewith is a copy of the unanimous Gram Sabha resolution dated 19^th December 2007 resolving to stop the mining which was forced upon the villagers in spite of their opposition. This resolution also is evidence proving that the mining had started even before the so-called Public Hearing held on 28^th April 2008, reducing the entire exercise to a farce.

6. Violation of Forest (Conservation) Act, 1980: A large portion of the mining land includes forest lands, both private forest and government owned reserve forest. The mining activities are going on in the private forest area without any permissions.

OUR PRAYER

We pray that you may therefore:

1. carry out a thorough investigation into the illegalities mentioned in this letter and into the adherence by the mining company to its other statutory responibilities under the various laws applicable, and the terms and conditions imposed under the various clearances and permissions obtained by the company;

2. pass an interim Stay Order against any mining or dewatering operations at the Devapan Dongor mine to prevent further irreversible damage to us and our environment, in the pendency of the investigation;

3. to take steps necessary to ensure that the mining comany cannot physically operate their machinery and pumps illegaly, as they have been doing in blatant violation of their own assurances given to the Chairman of the GSPCB in our presence.

We are determined to save our village from any further destruction and shall greatly appreciate your support and co-operation in stopping the irreversible polution of our surface and ground water resources, and upholding the Law and our Constitution.

Thanking you,

Yours sincerely,

Sd/-

Tulshidas Velip

Secretary

Encl: 1) Copies of documents mentioned in the body of this letter

Cc: 1. Regional office of MOEF, Banglore. 2. MOEF, Delhi.

Cavrem letter to Chief Conservator of Forest on illegal mining

CAUREM ADIVASI BACHAO SAMITI

c/o. Nilesh Gaonkar,

Gaonkarwada, Caurem,

Quepem taluka, Goa

REF NO. 20/10 Date: 25^th November 2010

To

The Chief Conservator of Forests,

The Chairman of the Monitoring Committee,

Gomanta Maratha Samaj Building,

Panaji, Goa

Sub: REQUEST FOR ORDER STOPPING MINING & DEWATERING AT XEC SALIM MINE, TC 01/51, CAUREM VILLAGE, QUEPEM TALUKA

Dear Sir,

We, the members of the Caurem Adivasi Bachao Samiti, living in the Caurem village of the Quepem Taluka, request your immediate intervention to save our village from the disastrous effects of water pollution caused by illegal mining.

We recently had the opportunity to attend the hearing held by the GSPCB regarding the renewal of the Consent to Operate of the subject mine in the office of the Chairman of the GSPCB on 19^th November 2010. However, we are greatly distressed by the fact that in spite of assurances given by the mining company's representatives during the hearing that no mining or dewatering is being carried out at the mine, the mining company has continued its dewatering and mining activities. In fact, they have accelerated their excavations and internal transportation activities after the hearing and have engaged a number of excavators and dozens of trucks in contravention of their commitments to the government. They are also pumping out huge quantities of water from the mining pit at nights, thereby causing siltation and pollution of our water ways and paddy fields.

We therefore request you to kindly pass an Order stopping the dewatering and mining activities in the said mine until they obtain the Consent to Operate. Please also give directions to the executive to ensure that the mining company is stopped physically from carrying out mining activities, since they are showing blatant contempt for the law and for their own representations.

We are determined to save our village from any further destruction and shall greatly appreciate your support and co-operation in stopping the illegal mining activities and the irreversible polution of our surface and ground water resources, and for upholding the Law and our Constitution.

Thanking you,

Yours sincerely,

Sd/-

Tulshidas Velip

Secretary

Cavrem reminder on illegal mining to Goa Chief Minister

CAUREM ADIVASI BACHAO SAMITI

c/o. Nilesh Gaonkar,

Gaonkarwada, Caurem,

Quepem taluka, Goa

REF NO. 02/10 Date: 25^th November 2010

To

The Hon'ble Chief Minister of Goa,

The Secretariat,

Porvorim, Bardez taluka, Goa

Sub: Second Reminder regarding Site Inspection of illegal mining at Caurem, Quepem taluka at TC 01/51, Devapan Dongor mine

REF: 1) Our meeting with you on 19^th August 2010 at your residential office

2) Our earlier letter to you dated 23^rd September 2010

Dear Sir,

We, the members of the Caurem Adivasi Bachao Samiti, had met you in your office at your residence at Malbhat, Margao on 19^th August 2010 at 0930 hrs in order to explain to you the devastation caused to our village and its residents by the subject mine, and to request you to stop the illegal mining operation immediately. You had promised that you would inspect our village and the effects of the mining jointly with us and that if there is any illegality, you would not allow the said mining to take place.

It is more than three months since you promised to inspect the mine. In the meanwhile, the rains are finished and the illegal mining has commenced in earnest. We are in a desperate situation, with the illegal mining rapidly destroying our village, our water resources and our forests. We had written a letter to you on 23^rd September 2010 reminding you of your promise, but to no avail.

Please tell us what are we supposed to do, as we are being systematically destroyed along with our lands by the said illegal mining, while you, our Chief Minister, are ignoring our desperate pleas for over three months. The illegal mining conitnues unabated despite the representations made by the mining company that no mining is taking place in the said mine, and in contempt of the Bombay High Court Order dated 20^th September 2010 implying that no mining activities are taking place, and in spite of the ample evidence available with the government departments regarding violations of law by the said mine.

The following facts are again brought to your notice as evidence of the illegality of the mining being carried out:

1. Destruction of ground water aquifers and springs: 'Devapan' literally translates as 'God's sacred grove', signifiying the exceptional significance of the life giving ecological wealth of this hill. This hill has some of the most exceptional aquifers in Goa and is the origin of numerous perennial springs, including major ones called 'Paikachi Zor', Khaspurus Zor', 'Talyepat Zor', 'Bulmeachi Zor', 'Khuteachi Zor Ghogho', 'Mestan Zor', 'Gaunkaran Zor', 'Vanvshan Zor' and 'Gallachi Zor'.The present mining pit has already gone deep into the ground much below the permitted levels, and has burst one water aquifer, thereby destroying its integrity, the water quality and quantity, which is serious violation of the conditions imposed by the Environmental Clearance. This has already caused significant reduction in the quantity and quality of water flowing from many of our springs. The last two of the springs named above are inside the active mining area, with the 'Gallachi Zor' being destroyed completely and the 'Vanvshan Zor' is surrounded by mining activities on all side, with the water being used for washing mining equipment. Every day, the mining activities continue to destroy the crucial sources of perennial water contained within the Devapan Dongor, which water is the lifeline of tens of thousands of families living in dozens of villages along the route of Karka rivulet, Kushawati River and the Zuari River. We are certain that if the mining activities are not stopped immediately, more compartments of this aquifer shall be compromised, causing total and irreversible destruction in our village and in other parts of Goa.

2. Destruction of nallahs and buffer zone: The subject mining lease includes three nallahs, which used to carry perennial waters to our fields for cultivation of second and third crops of paddy, sugarcane, chillis, vegetables and for horticulture until the mining activities commenced. The mining company has not only compromised the buffer zones of the nallahs, but has also destroyed the nallahs themselves, in blatant violation of the law.

3. Mining Operations without necessary permissions: The Consent to Operate for the said mine has expired on 1^st January 2010, after which the mine has been operating illegally. During this period the mining company has excavated and transported huge quantities of ore illegally. As per the Orders of the Bombay High Court dated 20^th September 2010 (copy attached), read with the submissions made by the Government Departments, the mine is not supposed to be in operation. During a Hearing held at the office of the Chairman of GSPCB on 19^th November 2010, the representatives of the mining company also stated that no mining operations are taking place at the mine. However, the mining activities are continuing till date with impunity, with accelerated speed and urgency, proving the blatant lies and misrepresentations being made by the mining company.

4. Pollution of water and paddy fields: The illegal mining operations are causing havoc to the water and agriculture in our village, as confirmed by the Show Cause Notice issued by the Goa State Pollution Control Board on 22^nd October 2010 and their Test Reports (copies attached). During the Hearing held at the office of the Chairman of the GSPCB on 19^th November 2010, it was stated by the mining company representatives that the pump(s) in the mining pit are only for emergency purposes. However, the mining company continues to operate the pump illegally till date, and is thereby dumping large amounts of mud in the lands, rivers and paddy fields downstream of the mining pit and destroying them.

5. Forest Rights: The residents of Caurem village are scheduled tribe members and other forest dwellers. The attached copy of the Table no. 20, on page 100 of the “Survey Report on Scheduled Tribes of Goa” states that during the 2001 census, 699 tribal households were ennumerated in our village, which corroborates the actual number of more than 2000 tribal residents of our village. Our Traditional Rights over our Forest Lands, which includes the lands under this mining lease and lands contiguous with them, are now finally recognized by the Union Government under the Forest Rights Act, 2006. The ongoing mining is undermining the objectives of this new enactment and is destroying our Rights before they are even verified by the Government, and is therefore in violation of this enactment. The Environmental Clearance is also based on the false data included in the Rapid EIA & Management Plan Report, which states that there do not exist any tribals in the 22 villages in the study area (copy of page 3.9 of the Report attached). This is abolutely false, since all these villages are predominantly populated by tribals, as verified also by the government data in the Table no. 20, on page 100 of the “Survey Report on Scheduled Tribes of Goa”, which is attached herewith. Secondly, we have not had a proper opportunity to have a Public Hearing as mandated under the EIA Notification, since majority of the villagers were not aware of the Hearing held on 28^th April 2008. Thirdly, attached herewith is a copy of the unanimous Gram Sabha resolution dated 19^th December 2007 resolving to stop the mining which was forced upon the villagers in spite of their opposition. This resolution also is evidence proving that the mining had started even before the so-called Public Hearing held on 28^th April 2008, reducing the entire exercise to a farce.

6. Violation of Forest (Conservation) Act, 1980: A large portion of the mining land includes forest lands, both private forest and government owned reserve forest. The mining activities are going on in the private forest area without any permissions.

We are willing to show you all the evidence regarding the above violations and the previous correspondence initiated by us with the various government departments.

We are again pleading with you to take this impending destruction extremely seriously, and hope that you shall not fail to keep your promise. If the mining is started again in our village before your inspection, we shall be forced to consider all options available to us in the face of the extermination of our tribal village.

Thanking you,

Yours sincerely,

Sd/-

Tulshidas Velip

Secretary

encl: documents referred in the letter

National Wildlife Board letter on Poi Palondikar illegal mine

One die, Mining transport blocked in Colamb

One Sanjay Nilu Gaonkar (35) of Ambaulim Quepem died on the spot in a Motor Vehicle accident when a maruti swift bearing No.GA-09-3717 driven by Suresh Krishna Gaonkar resident of Sulcorna Quepem dashed him at Colomba on Friday evening. As the vehicle involved in the accident belongs to a mining contractor and the villagers are facing lot of hardship due to the mining transport over the Colomba Rivona route the agitated villagers on Saturday morning stopped the entire transport. The Deputy Collector of Quepem shri Agnelo Fernandes made his presence at the site and tried to convince the villagers and requested them to make the road free but the villagers were not in a mood to listen to the Dy-Collector as they were already fedup with the mining transport. They demanded a written assurance from the Dy-Collector that the mining truck will be strictly monitored and demanded implementation of High Court order. Dy-Collector told the villagers that he will have a have meeting on 22/10/2010 to discuss over the issue, even then the villagers were not in a mood to clear the road. They further demanded the presence of South Goa Collector at the site to find a solution to the problem faced by them. After telephonically contacting the Collector the Dy-Collector informed the villagers that the Collector is unable to remain present. As the villagers are not ready to listen the DyCollector called the P.I. of Sanguem Shri Ekoskar incharge of Quepem Police station as the P.I. of Quepem Shri Sudesh Narvekar is no leave. The P.I. Ekoskar assured the villagers that the mining truck will be manage from Colomba instead of Tilamol. After getting the assurance from the Dy-Collector in presence of the P.I. that the mining truck will be monitored from Colomba instead of Tilamol, the villagers cleared the road.

GOAMAP objects to Alemao manipulation of mining employment statistics

Goa Federation of Mines Affected People (GOAMAP) takes strong objections to the manipulation of mining generated employment indulged in by Minister Churchill Alemao. Mr. Alemao stated that mining industry generates employment for 5 lakh people in an interview published in 2010 issue of UAE Goan Review.

GOAMAP considers this as the gross manipulation of statistics and demands Churchill Alemao to make the names of 5 lakh people employed by mining industry public. GOAMAP also wants to know from Mr. Alemao the break up of as to how many people of the 5 lakh are employed on contract basis and those on permanent basis.

GOAMAP is of the considered opinion that Mr. Alemao has been inflating the employment figures only protect his family businesses including his Minister brother Joaquim Alemao involved in mining that is rapidly destroying Goa.

GOAMAP however congratulates Mr. Alemao for admitting in the same interview that in case mining in Goa is stopped government will fall. This is very true considering that fact that it is the mining companies that are involved in running the Goa government. So from this it becomes clear that Mr. Alemao is totally insensitive to the gross ecological destruction of Goa including the western ghats and wants mining to carry on so that government does not fall. GOAMAP urges Mr.Alemao to wake up from his slumber and stop being advocate of mining industry.

Mining trucks overloading in Rivona-Tilamol road

The villagers of Tilamol Rivona Complains that they have to constantly face the problem of constant traffic jam over the Tilamol Rivona road since the starting of the mining season. The movement of traffic on these road is so heavy that the villagers even find it difficult even to cross the road.

The concerned department since the death of Satish Rivonkar in March 2010 in order to ease out the problem of traffic jam on the Quepem Curchorem main road , the mining truck plying via Rivona Colomba side are regulated at Tilamol. The number of truck plying on these rout is so much that the line of mining truck from Tilamol extends upto Rivona bazaar over a length of 9 kms.

The movement of loaded truck from Rivona Colomba towards Tilamol and the empty truck moving in the opposite direction constantly leads to traffic jam, which causes unbearable hardship to the common man, Complains Mrs. Olinda Lopes a villager of Rivona. She further informed that the villager of Rivona in September 2010 had written to the Dy-Collector Quepem requesting there in not to park the mining truck on the main road but to park them at Pandova Sodo Rivona as suggested in a meeting held in April 2010 with the collector. But the Dy-Collector Quepem is yet to do the needful to root out the problem faced by the villagers. Informed said Olinda Lopes further.

The villagers of Rivona informed that the mining truck plying on the Tilamol Rivona road are not complying with the order of the Hon’ble High with regard to loading. "The trucks are overloading and the police deputed are not doing their duty to take action against the overloading truck that too inspite of getting this fact to the police" said Lopes further. Armed with evidence she informed that the mining truck plying via Rivona carrys two loading slips - one written by hand while the other is a computer copy. The computer copy mentions the exact weight while the handwritten slip mentions the weight as mentioned in the registration certificate of the truck. Evidence furnished to this correspondent confirms that the trucks carry more than 21 tons.

Photo annexed: Seen in the photo 1) A big queue of mining truck at Rivona near the school. 2) A Truck bearing No.GA-09-U-0672 operating from magnum Minerals Private Ltd. carries two slips one is handwritten which mentions the gross weight as 17,700 tons while the computer copy mentions the gross weight as 21430 tons.

In Ratnagiri its dangerous assault on enviroment

Shri Milind Balavat Nijsure
At post Velas, Tal. mandangad, Dist. Ratnagiri
Maharashtra

Date: 09.11.2010

Sub: ASSAULT ON ENVIRONMENT BY DANGEROUS MINING (Ashapura Mine Chem. Ltd. , Mumbai COMPANY )

Government of Maharashtra renewed the lease in respect of Velas – Sakhari Bauxite mine site for the period of 20 years.( up to 29-11-2009)The lease holder Smt. Dhanavate gave power of attorney in respect of said mine site to m/s Ashapura Mine Chem. Ltd. , Mumbai in the year 2003.(Copy of Lease enclosed and marked Exhibit A , Please refer folder ‘Exhibit A’)

The Maharashtra Pollution Control Board gave their consent to operate to the said mine site to m/s Ashapura Mine Chem. Ltd. on 17-06-2005 to excavate 4000 tons of Bauxite per month.(Copy of Lease enclosed and marked Exhibit B , Please refer folder ‘Exhibit B’)

However m/s Ashapura Mine Chem. Ltd. Excavated Bauxite illegally before getting the consent from Maharashtra Pollution Control Board. M/s Ashapura Mine Chem. Ltd. Excavated Bauxite to the tune of around 65,000 tons in the year 2003-04 and 2004-05.This illegal excavated Bauxite was exported by m/s Ashapura Mine Chem. Ltd. During April-May 2005.Milind b. Nijsure , resident of Velas , Tal. Mandangad , Dist. Ratnagiri, filed the petition in Hon. Dapoli Court against m/s Ashapura Mine Chem. Ltd. on 26-12-2006 for this illegal excavation and export of Bauxite.( i. Copy of production report between 2003-2005 ii. Maharashtra Maritime board’s export report iii. Maharashtra Pollution Control Board’s notice dt. : 28-04-2005 asking Ashapure Mine chem.. Ltd. to stop the illegal mining.iv. Copy of Dapoli Court’s case filed by Mr. M.B. Nijsure.enclosed and marked Exhibit C , Please refer folder ‘Exhibit C’ )
M/s Ashapura Mine Chem. Ltd. Has violated all rules and regulations laid down by various govt. departments during their mining activity including D.G.M.S.Director general of mine safety has filed a suit against m/s Ashapura Mine Chem. Ltd. In Hon. Dapoli court.(Copy of inspection report of D.G.M.S. stating various violations and case papers are enclosed and marked Exhibit D , Please refer folder ‘Exhibit D’ )
M/s Ashapura Mine Chem. Ltd. Even went beyond lease zone area and excavated Bauxite, thus violating lease conditions.( Copy of Circle – Mandangad report showing lease violation and tehsildar- Mandangad letter to District collector recommending appropriate action against M/s Ashapura Mine Chem. Ltd., Enclosed and marked Exhibit E, Please refer folder ‘Exhibit E’)
Maharashtra Pollution Control Board appointed a export committee to study the various violations made by M/s Ashapura Mine Chem. Ltd. at the said site and thereby its impact on the environment. The Committee noted various violations made by M/s Ashapura Mine Chem. Ltd.(Refer pages 3, 5,6 of report)(Copy of report enclosed and marked Exhibit F, Please refer folder ‘Exhibit F’)
Milind B. Nijsure along with Srikar Paranjape filed a Public Interest Litigation against Ashapura Mine Chem. Ltd. , MPCB , Govt. of Maharashtra , Union of India through Ministry of environment and forest in the Hon. Mumbai High Court bearing No.:137 of 2008.( Copy enclosed and marked Exhibit G, Please refer folder ‘Exhibit G’.)
Maharashtra Pollution Control Board gave their consent to operate for the said mine for the excavation of the Bauxite up to 4000 tons per month. However M/s Ashapura Mine Chem. Ltd. Has excavated roughly around 30,000 tons per month, thus violating the consent. Ashapura Mine Chem. Ltd. has given production report to District Mining Officer, Ratnagiri from April 2007 to October 2008. However Ashapura Mine Chem. Ltd. Has not submitted the said report to Directorate of Geology and mining Nagpur. ( Refer Exhibit C)( Copy of Production report from District Mining Officer, Ratnagiri enclosed and marked Exhibit H, Please refer folder ‘Exhibit H’)
The said lease given by Govt. of Maharashtra expired on 29-11-2009 and the lease has not been renewed till today. The consent to operate of Maharashtra Pollution Control Board also expired on 20-11-2009 and MPCB has not given fresh consent to the said site till today. However M/s Ashapura Mine Chem. Ltd. Continues to excavate Bauxite at the said site beyond 29-11-2009 to till today. (In January 2010, Ashapura Mine Chem. Ltd. , illegally excavated Bauxite to the tune of 34, 500 tons which exceeds the previous consent of Maharashtra Pollution Control Board up to 4000 tons per month)( Copy of MPCB, Industry Ministry and production report upto march 2010 enclosed and marked Exhibit I , please refer folder ’Exhibit I’)
This shows that M/s Ashapura Mine Chem. Ltd. Is notorious for violating all rules laid down by both Central and State Government departments.Letters has been sent to MPCB; Dist. Collector, Ratnagiri; Industry Ministry( Govt. of Maharashtra), Ministry of environment and Forests( Central Govt.) to take stern action and reject / Cancel all their licenses / renewals and environmental clearances.( Copies enclosed and marked Exhibit J, Please refer folder ‘Exhibit J’.)
M/s Ashapura Mine Chem. Ltd. has wrongly informed to Ministry of Environment and Forest and Indian Bureau of Mines through their EIA reports and mining plan respectively.In EIA report submitted to MOEF, the M/s Ashapura Mine Chem. Ltd. Has wrongly stated that the entire lease area is private waste land.In the mining plan submitted to IBM , M/s Ashapura Mine Chem. Ltd. States "The mining lease area is barren land within vegetations like thorny bushes & shrubs. This area comprises private and revenue waste land without any agriculture."( page 4 of mining plan. Under " Land used pattern" Chapter.)I hereby submit few land records ( which are indicative) of survey Nos. 32,110,122,125 which clearly shows mango and cashew plantations in huge quantity. In fact some of the land owners had received subsidy from Govt. of Maharashtra under "Employment Guarantee scheme’s Fruit Plantation program.Thus this shows how M/s Ashapura Mine Chem. Ltd. Obtains various clearances from Govt. Departments by misleading them and hiding actual facts of the lease area.( Copies enclosed and marked Exhibit K, Please refer folder ‘Exhibit K’.Please refer Folder ‘Saat_Baara’ under above folder)
Place : Velas
Date : 10-11-2010
Sd/-
(Milind B. Nijsure)