ASSOCIATION
FOR DEMOCRATIC RIGHTS PUNJAB
FOR SUPER PROFITS OF LIQUOR BARONS
PUSHING PEOPLE TO DISEASES,
DEPRIVATION & DEATH
A FACT FINDING REPORT ON SETTING UP OF TWO
DISTILLERIES AT SANGAT KALAN ON THE BANKS OF HIGHLY POLLUTED LASARA DRAIN
1. In the beginning of October 2012, the BCL Distillery at
village Machhana/ Sangat Kalan, started production. The Effluent Treatment
Plant was not yet commissioned. So the owners started stealthily discharging
the toxic effluents of the distillery, in adjoining Lasara Drain, during night
hours. These toxic effluents, giving extremely pungent odour, spread in an area
of about 3 Kms in and around the drain. A large number of people, especially
women & children suffered head-ache, vomiting and other physical problems.
The Pollution Control Board and District Administration were informed. But they
could not dare to move against the distillery owners, who wield considerable
financial & political power.
2.
On 6th October, the people from village
Machhana held protest demonstration and blocked the road leading to the
distillery. They also formed an Action Committee to fight against this menace.
But the District Administration and the distillery owners did not bother. On 8th
October, people blocked Bathinda-Dabwali highway. Sh. Rajinder Mittal – owner
of the Distillery came to meet the people. He conceded his mistake in releasing
the toxic water in Lasara Drain, but refused to give a written undertaking, not
to do in future. Meanwhile a team of Pollution Control Board also visited the
site and recorded violations of Section 25 & 26 of the Water Act, 1974. It
also found violation of the conditions imposed by the Expert Appraisal
Committee, Ministry of Environment & Forests, Govt of India at the time of
granting Environmental Clearance.
3. Next day a large number of people, including women,
students and teachers of nearby Clay India International
School and Govt Elementary School,
shopkeepers and representatives of various Youth Clubs of the area, again
blocked Bathinda-Dabwali Road.
BKU (Ekta) Ugrahan and Naujwan Bharat Sabha also joined them. Police from
Nandgarh & Sangat Police Stations were deployed in good numbers as the flow
of traffic on this National
Highway was completely disrupted. Feeling the
heat, Distt Administration sent Sh. Hukam Chand Deepak Naib Tehsildar and Sh.
Malkit Singh DSP (Rural) Bathinda to the blockade site to meet the protesters.
A memorandum signed by the protesting people was handed over to them amidst the
declaration that the agitation will be further intensified if their demands are
not settled within seven days. The officials promised early action and a
meeting with the Deputy Commissioner to sort out the issues. On this assurance
the blockade was lifted. Under the impact of this struggle, which was widely covered
by the print media, the distillery was temporarily closed.
4. The Association for Democratic Rights, Bathinda on receiving
reports about these protests, deliberated upon the issue. Being of the
considered view that right to a clean environment is an integral part of the
right to life guaranteed under the Indian Constitution, it constituted a Fact
Finding Team to study the situation and the peoples’ concerns, role of state
machinery – especially environment protection agencies and the distillery
owners and make appropriate recommendation to remedy the situation. The Team
consisted of the following members:
I.
Sh. Bagga Singh Principal President AFDR Punjab
II.
Sh. N.K.Jeet Advocate.
III.
Sh. Ranjit Singh Principal (Retired)
IV.
Sh. Pritpal Singh Retired Bank Manager
V.
Dr. H.S. Ranu
5. The Team visited Machhana village and inter-acted with
the residents and members of the Action Committee. The Team, accompanied by
Action Committee members visited the place from where the toxic effluents from
the distillery were discharged in Lasara Drain, tell-tale signs of which were present
there. Evidently the persons who were pumping out the toxic water, were served
with heavy dose of liquor, as a large number of empty liquor bottles
manufactured in this distillery, lying scattered there indicated. A tree was
found uprooted on the bank of drain, evidently under the impact of toxic water
pumped out with power motors. Thick dry layer of toxic waste was present on the
banks of Lasra drain, indicating the path through which the water was pumped
out from the distillery. The distillery owners had made out an opening in the
wall adjoining the drain; to facilitate laying of pipes for this purpose. This
opening was however closed after the visit of Pollution Control Board
officials. Discharging of toxic waste in Lasara Drain was in clear violation of
the firm commitment made against so doing by the distillery owners.
6.
The Team also saw the dump where fly ash produced daily
by the distillery is being stored in the open in direct violation of the condition
imposed by Expert Appraisal Committee stipulating that it should be stored
separately as per CPCB guidelines so that it should not adversely affect the
air quality, becoming air borne by wind or water regime during rainy season by
flowing along with the storm water. Direct exposure of workers to fly ash was
to be avoided and it was to be transferred to brick manufacturers in covered
trucks. But it was being transported in tractor-trolleys openly and handled by
workers without any protective devices.
7.
To feel the intensity of the pollution being caused by
Lasara Drain, the Team traveled along its banks for about 45 minutes. The
situation was extremely sickening, suffocating and unbearable.
8.
Just adjoining the Lasara Drain and the distillery, in the
lap of its highly polluted environment, there is a Dalit colony, where about
50-60 families live. There is also an elementary school up to 8th
level, where about 400 students are studying. The environment must be having a
devastating effect on the health of children. The Education Department has
never thought of shifting this school from here to a safer place. The Dalit
families are also cursed to live there, in the absence of any alternative
accommodation.
9.
One of the conditions imposed by the Expert Appraisal
Committee while granting Environmental Clearance to this Distillery was to have
a “Dedicated parking facility for
loading and unloading of material …… in factory premises. Unit should develop
and implement good traffic management system for their incoming and outgoing
vehicles to avoid congestion on the public road.” But the Fact Finding Team found that there is
a 4 Karam (22 feet) wide village circular road (Pahi) connecting the distillery
with the village. A truck filled with rice-bran barely passes through it. If it
is to cross any other vehicle, it must trespass in the adjoining fields,
damaging the standing crops. The heavy vehicular traffic generated by the
distillery has damaged small bridges on water-channels, electric poles along
the road, causing great inconvenience to the villagers. On 12th
October, a truck loaded with raw material for the distillery struck against an
electric pole, resulting in disruption of electric supply to the village. Due
to this, electric appliances in many houses got damaged. The villagers in
protest, gheraoed the truck and held demonstration against the distillery
management. They alleged that such accidents are almost daily routine. The
distillery owners, on the other hand adopted a belligerent attitude, claiming
that it was a public road and he has every right to use it as he wishes,
flouting the condition of developing and implementing good traffic management
system for the incoming and outgoing vehicles and to avoid congestion on the
public road. The villagers told the Fact Finding Team that the way from village
Phirni to the distillery gate is not a public road but a path carved out for
accessing the agricultural fields and the distillery owner has no right to use
it as the land under his occupation is situated in the revenue limits of
another village - Sangat Kalan. But the
distillery owner is illegally & forcibly encroaching upon the adjoining
lands to facilitate movement of trucks & other heavy machinery to the
distillery.
10.
Some members of the Team again inter-acted with the
members of Action Committee and Gram Panchayat Machhana, when they came to
Bathinda for meeting the Deputy Commissioner. A copy of the memorandum
submitted by them to the Deputy Commissioner on that day was obtained.
11.
The Fact Finding Team under the leadership of Sh. Bagga
Singh State President AFDR, met with the Asstt Environmental Engineer PPCB
Bathinda. She was very cooperative and discussed the matter in a transparent
manner, within the constraints of service rules. Some facts emerging from this
discussion are:
a.
The Expert Appraisal Committee MOEF Govt of India,
granted Environmental Clearance to both these distilleries, in utter disregard
to the open opposition by the residents of the area, demonstrated and put on
record in the course of Public hearing.
b.
That the PPCB did not send any written notice and Environmental
Impact Assessment Report, which was to form the basis of discussion in the
public hearing, to the Gram Panchayats in and around village Sangat Kalan such
as Machhana, Dunnewala, Bhukhianwali, Mallwala, Gehri Buttar, Pucca Kalan, etc.
c.
The BCL distillery has been temporarily closed due to
violation of Environmental Protection laws by its management.
12.
After this the Fact Finding Team, with a view to obtain
the version of the management of BCL Industries & Infrastructure Ltd, sent
an E-Mail on 21.10.2012, listing the peoples’ concerns about the distillery and
requested them to send their comments on these concerns. Up till now the
management has not sent any reply. The peoples’ concerns are:-
a.
During public hearing about this project, it was
committed by the promoters that the toxic effluents of the distillery shall not
be discharged in the Lasara Drain, which is already highly polluted. But in the
1st week of October 2012, when the distillery became operational,
its entire toxic effluents were discharged in the Lasara Drain.
b.
The Effluent Treatment Plant of the distillery has
intentionally been installed just near the bank of Lasara Drain, in violation
of the approved site-plan to facilitate discharging of its toxic waste in the
drain.
c.
There is no provision for treating/disposing of the fly
ash generated by the plant.
d.
The management of the distillery has not implemented
the conditions imposed by the Punjab Pollution Control Board under various
Environmental Protection Laws, with regard to the control of Air, Water and
Noise pollution and the conditions imposed by the Expert Appraisal Committee
(Industry).
e.
The management of the distillery has violated the terms
of Consent to Operate, granted under S.25, 26 of Water Act, 1974 and under
section 21 of Air Act.
f.
The noise level being generated by the distillery is
much beyond the Ambient Air Quality Standards in respect of Noise laid in the
Schedule under Rule 3(1) & 4(1) to the Noise Pollution (Regulation &
Control) Rules, 2000.
g.
The distillery does not have the required approach
road. The present approach road is the village Pahi (Circular Road),
barely 5 Karam i.e. 22 feet wide, and the promoters have encroached upon other
peoples’ lands to make it worthy of heavy traffic.
h.
Bathinda Chemical Industries has a very poor record in
the matter of environmental protection. Its plant at Bathinda, which is located
in a populated area, has faced stiff opposition and complaints from the people
living in the vicinity due to its highly polluting production practices,
especially the fuel used by it.
i.
While getting prepared the E.I.A. Report, the promoters
have deliberately not taken into account the already prevalent pollution caused
by Lasara Drain at the plant site, thus misleading the PPCB authorities and
general public about the true state of affairs.
j.
BCL Industries had, in the past, faced charges under
the Food Adulteration Act, allegedly for mixing animal fats in vanaspati ghee/
edible oils, being manufactured by it.
13.
Extraction of ground water for running this plant will
cause depletion of underground water table. Similarly use of extensive canal
water for this purpose shall reduce the already meager irrigation water supply
to the agriculture in the area. Thus immense harm is likely to be caused by
this plant to the farmers in the adjoining areas.
14.
The Fact Finding Team also accessed the record
concerning environmental clearances granted to the Distillery and related
documents from the internet. The Team also accessed websites of the companies
involved in setting up these distilleries to know about their ownership and
pattern of share holding, financial performance, production activities etc.
PART-II:
FINDINGS
On the basis of information so gathered the Team
has arrived at the following findings/conclusions:
1.
Village Machhana is facing an environmental
catastrophe. It is situated near Lasara Drain – a highly polluted drain, which
fits the description of KUMBHI NARAK. This drain was originally conceived as a
measure to drain out flood water and save the farmers. Now it is being used by
industries to dump toxic waste and untreated effluents. A large number of
municipalities have made arrangements for discharging untreated sewerage water
into it. Besides polluting the atmosphere with extremely foul smell, it gives
out toxic fumes. It is very difficult to work in the adjoining fields. It has
given diseases & death to the people living in adjoining areas, but
rewarded industrialists with super profits.
2.
As if the pollution being caused by Lasara Drain
was not sufficient, the Punjab Govt has permitted setting up of two
distilleries near this village. Major portion of land for these distilleries
has been purchased from the people of village Sangat Kalan and a small portion
from those of Machhana. But both these distilleries are located within a radius
of about 2 Kms and are adjacent to village Machhana.
3.
One distillery has been established by BCL
Industries & Infrastructure Ltd Bathinda, owned by Sh, Rajinder Mittal. As
per Project Report this grain based distillery unit will have installed
production capacity of 100 Kilo-liters per day of ethanol. The specific product
mix will include ethanol, ENA, bottling of country liquor/ IMFL and 5 MW of
power co-generation, with a capital investment of Rs. 80 crores. The major raw
material and inputs are grains (@ 3.65 MT/Kl of alcohol). The distillery will
use grains – rotten rice/broken rice, rotten wheat and de-oiled rice bran etc
as basic raw material. The chemical requirements include – enzymes (200 Kg per
day), sodium hydro-oxide (100 Kg per day), urea (450 Kg per day), anti-foam
agent (50 Kg per day), yeast (200 Kg per day). The fuel requirement for boiler
furnace would include 8 MT/hour of rice husk. In case of non-availability of
rice husk, coal shall be used. The distillery shall draw 1195 cubic meters
fresh water from Sirhind canal.
4.
As per Environmental Impact Assessment Report,
this distillery shall generate heavy amount of effluents in the distillation
process, washing, cooling towers blow down, domestic effluents and 250 cubic
meters waste water; toxic gases, 30 MT per day fly ash; spent oils (lubricants
and transformer oils) and noise pollution.
5.
The BCL Industries & Infrastructure Ltd Bathinda,
was established as a private limited company on February 3, 1976 and was
converted into a public limited company on September 3, 1992. It is engaged in
the business of extracting, manufacturing and marketing clarified butter &
oil. It claims to be, “one of the most moderen and biggest oil complexes in North India,” owner of oil mills, solvent extraction
plants, rice-shellers, chemical refinery, physical refinery and vanaspati
plant. Since 1990, it claims to have “diversified in to real estate business,
created townships, group housings, malls, multiplexes, hotels etc. In Bathinda
city it owns townships like Ganpati Enclave, Sheesh
Mahal City,
Royale Orchards, besides building two residential townships – Sushant City-I
& II on more than 250 acres of land in tie-up with Ansal API. It also
claims to have constructed residential complexes at Gurgaon, Delhi, Mohali, Zirakpur, Baddi, Sonepat &
Ghaziabad and Comfort Inn & Suits Manesar, in collaboration with Choice
Hotels International USA. Pioneer Industries Ltd – a sister concern, is manufacturing
alcohol (IMFL & country liquor) at Pathankot.
6.
The second distillery is being set-up at Sangat
Kalan by M/S Om Sons Marketing Pvt Ltd, Faridkot, - a private limited company
owned & controlled by Mr. Deep Malhotra, Shiromani Akali Dal (Badal) MLA
from Faridkot, who incidentally is Chairman of M/S Oasis Distilleries Ltd
Indore (MP), manufacturing IMFL such as Everyday Gold Prestige Whisky, Old Fox
Matured XXX Rum, Premium Old Fox Matured XXX Rum, Limanov Vodka etc. Its annual
turnover is more than Rs. 500 Crores. As per the company’s website, its
Chairman Mr. Deep Malhotra has been involved in the liquor business, “ever
since he was just fifteen”. He has further been described as a “true
visionary”, “multi-taking personality”, who has “excelled in every step of his
life from being a liquor vendor, a distillery owner, a hotelier and a
politician (MLA of state Legislative Assembly).” His sons- Gaurav Malhotra & Gautam
Malhotra are the Directors of this company.
7.
M/s OM Sons Marketing Pvt. Ltd. has proposed
setting up of Grain based distillery (120 KLPD), Malt Spirit (5 KLPD) and
Cogeneration Power Plant (10 MW), at a total cost of Rs. 95.00 Crores. It will
be operated for 330 days in a year. Total fresh water requirement from ground
water source will be 1934 cubic meters/day. As the capacity of the distillery
to be set up by M/S Om Sons is more than the one set up by BCL Industries it
will generate more effluent, fly ash, waste water, toxic gases, spent oils and
noise pollution.
8.
Public
Hearing – a farce: Public hearings were held in the case of both these
distilleries. From the proceedings published by the PPCB Authorities and the
facts narrated by the villagers, the Team found that:
a. The promoters & the authorities did not give
effective publicity to the schedule of public hearing, to keep the people away
from it. PPCB authorities could not show to the Team any proof of the public
notice/advertisements/leaflets said to have been issued about these public
hearings, having been received by the Gram Panchayats in the area.
b.
No Gram Panchayat held any meeting or Gram Sabha to
discuss this issue.
c.
No prior information was given to the people about the
production process, likely pollution, fuel to be used, effluents & their
treatment either by the promoters or the PPCB authorities. In fact there was no
informed public debate on the issue.
d. The promoter hijacked these public hearings by bringing
in their vocal supporters from distant places to act as their cheer-leaders.
For example in the public hearing for M/S Om Sons, there was one person named Sh.
Harmit Singh from Mukatsar, who welcomed setting up of the project. Similarly
in BCL Distillery’s hearing one Tehal Singh, a transporter from Bathinda took
with him a large number of people who applauded the setting up of the
distillery.
e. In the public hearing the environmental engineer of the
PPCB who is well aware about the pollution to be caused by the distilleries and
the prevailing level of pollution being caused by Lasara Drain did not help the
participants in clarifying the total impact on the environment and did not
explain the technical terms given in the EIA Report. Thus the hearing was not
an informed public debate.
f. The EIA Report prepared by both the distilleries did
not take into consideration the total impact of all the pollutants to be
emitted by both the distilleries and Lasara Drain on the health of the people.
g. The resident of village Sangat Kalan, Mashana and Kothe
Sangat Kalan vehemently opposed the setting up of these distilleries. Although
their opposition was recorded in the proceedings but the Expert Appraisal Committee
did not give any weightage to it while granting Environmental Clearance to both
these projects.
h.
The scrutiny of the proceedings of public hearings reveals
that the Environmental Consultants engaged by the promoters gave details of the
anticipated environmental impacts and mitigation measures only for the
construction period and not when the plants were to become operational.
9.
Bribery: The
people informed the fact finding team that the promoters of BCL Distilleries
resorted to bribery to create a wave of public opinion in their favor, before
the public hearing and the trial run of the distillery. For example they
donated two coolers to a local Gurudwara where they held recitation (Akhand
Path) of Holy Shri Guru Granth Sahib to seek divine blessings for running this
distillery. Agricultural laborers living in the vicinity of the distillery were
promised work in lieu of their consent for it. An NGO of Sangat Mandi was given
an Ambulance Van. All these measures were made to create a favorable atmosphere
for the promoters of the distillery.
10.
Irresponsible
attitude of PPCB and the Expert Appraisal Committee: In order to dilute the
implementation of environmental laws it is the standard operating procedure of
PPCB and the Expert Appraisal Committee to grant environmental clearance on
certain conditions without insisting on prior compliance/implementation of
environmental protection measures. In the case of M/S Om Sons Distillery the
Expert Appraisal Committee has granted the Environmental clearance with 18
conditions. The promoters are not likely to implement these conditions once the
factory starts its operation. In the EIA certain measures for periodic measurement
of meteorological data, ambient air quality at project site, stack emission,
water quality, noise level, soil quality and health checkup have been mentioned
to be under taken as environmental monitoring program but these measures are
seldom implemented. Similarly the
promoters have put up an environmental management plan which is also doomed to
fail. These measures are bound to fail because of poor supervision by the PPCB
and other authorities and an industry friendly policy being pursued by the
Govt. at the cost of people’s health. This is evident in the case of Air and
Water pollution being caused by the industries at Ludhiana, Mandi Gobindgarh and other places.
Although the Environmental Law forbids discharge of toxic industrial effluents
in canals and drains but in Punjab industrialists are doing it with impunity by
discharging such effluents in Budha Nala, Sarhind Canal
and Lasara Drain etc. Now even Municipalities are not lagging behind. To save
the cost of constructing a sewerage disposal plant they have started
discharging untreated sewerage water in various drains. The PPCB has proved to
be a toothless body in protecting the environment.
11.
Water
Scarcity:
a.
The distillery being set-up by M/S Om Sons,
according to official estimates requires 1934 cubic meter fresh water per day
from under ground water source. It shall operate for 330 days in a year. Thus
it shall use 6,38,220 cubic meter under ground water per year or 63,82,20,000
liters per year.
b.
The BCL distillery shall use 1195 cubic meters of
water per day. It will also work for 330 days in a year and as such shall use 3,94,350
cubic meters or 39, 43,50,000 liters of water per year. Thus both the
distilleries shall jointly draw 103,25,70,000 liters of (about 103 Crore 26 lakh liters) water
every year.
c.
Sanction has already been accorded by the Govt. to
M/S Om Sons for drawing the water from under ground by installing tube-wells.
d.
The Team talked to various farmers organizations
about availability of canal water in the area. We were told that the area is
deficient in irrigation & drinking water. It received canal water for
irrigation through various distributaries and minors of Sirhind Canal &
Kotla Branch. As the drawls are heavy, water does not reach in the area of
villages situated on the tails of the minors. There have wide spread agitations
by farmers, demanding irrigation water, notably by 5 villages of Ganga, Gidder,
Nathpura, Dhelwan & Nathana on Ganga Minor (Sirhind Canal);
Bhucho Kalan & Kahan Singh Wala on Bhucho Kalan Minor; Bajjoana, Giddar
& Kalyan on Kalyan Minor; Goniana area on Bhadaur Rajwaha; Shergarh &
Bhukhianwali in Sangat; and Talwandi Sabo Block. In some of these villages
farmers are struggling for water since 1993, but their demands have been
ignored by the Govt.
e.
The drawl of such a heavy amount of water – either
from underground water source or from canal system is definitely going to cause
harm to agriculture & eco-system in the region, as it will deplete
underground water source & further lower the water table. Lack of water for
irrigation shall result in destruction of farmers.
12.
Diseases:
The people of the area told the Fact Finding Team that there is wide spread
incidence of cancer and TB in their villages. Evidently it has been caused by
the pollutants from Lasara Drain. The findings of a recent survey on the
incidence of Cancer fortify the villagers’ complaints. The Cancer Survey Report
up to May 2010 have recorded a total of 1002 persons out of which 274 are male
and 728 females, suffering from Cancer in Bathinda District. The figures of TB
patients revealed by the Health Department also support it. 436 new cases of TB
have been recorded in the 9 months period from January to Sept 2012 in the
Health Centers at Sangat, Maur, Talwandi & Raman. Now with the pollution to
be caused by these new distilleries the situation is likely to become grimmer.
With the poor people being taken out of the purview of public health services
and the private hospitals charging hefty amounts for the treatment of cancer
& TB the situation becomes more difficult for the lower and middle strata
of the society. The Govt. has totally ignored the health concerns of the people
by granting permission for setting up of these distilleries in an already
highly polluted area.
PART-III: RECOMMENDATIONS
A.
GENEROUS TAX
INCENTIVES TO LIQUOR INDUSTRY, TOTALLY UNJUSTIFIED:
I.
Under the Industrial Policy framed by Punjab Govt in
the year 2003 and subsequently amended in 2009 and 2010, the liquor industry
has been given special package of incentives, treating it as Mega Projects. The
distilleries are given 75 percent exemption from payment of Mandi fee, Rural Development fee and
Infrastructure cess on purchase of
foodgrains directly from the farmers for a period of 10 years; exemption
from basic stamp duty on purchase of land, 100 percent exemption of electricity
duty on captive consumption of power generated by the unit; 50 percent
exemption on electricity duty on purchase of power from PSPCL for 5 years; and
supply of power as per normal rates available to continuous processing
industry. Besides these, new distilleries have been exempted from payment of
excise duty and sales tax under a Special Package announced by Punjab Govt.
Perhaps this is the reason, why industrialists who are close to political
dispensation in Punjab, like Ponty Chadha,
Deep Malhotra etc are vying with each other to set up new distilleries.
II.
Such generous tax-incentives to liquor barons are
totally unjustified on financial, social and ethical grounds. The liquor
industry has a disastrous and ruinous effect on the people of Punjab.
By giving such huge tax-incentives to it, the rulers are in effect putting more
burden on the people to ensure super profits for the liquor barons. The society
as a whole pays a very heavy cost for the vide prevalence of drinking habit in
the form of :
a.
Increased discord in the families resulting in their
break-up;
b.
Increased incidence of crime;
c.
Curtailing of the efficiency of police force and its
brutalization;
d.
Corruption
e.
Ruined careers;
f.
Increased insecurity for the women;
g.
Rash and negligent driving and deaths on the roads,
etc.
Moreover these tax-incentives also violate the Directive
Principles of State Policy incorporated in the Indian Constitution and
strengthen anti-democratic forces and practices in the Society. The political
parties in Punjab have always avoided a
serious debate on this issue.
III.
The Fact Finding Team is of the view that as there is
no fiscal, social or ethical justification for extending tax-incentives to the
liquor industry, these should be withdrawn.
B.
OTHER
RECOMMENDATIONS:
1.
Both these projects should be immediately put on hold.
2.
Before commencing any work on these, a detailed
study should be conducted about the pollution being caused by Lasara Drain and
likely to be caused by both these distilleries and an informed public debate
should be conducted before according the environmental clearance.
3.
After taking the above said measures, public
hearings should be re-conducted with full participation of the people from the
effected villages and their views and concerns should be given full weightage.
4.
Before diverting the scarce water to the
distilleries (which is not a people friendly industry), requirements of
agriculturists of water for irrigation and the people for drinking should be
ensured. Only thereafter the water should be diverted to the distilleries.
5.
As held by courts in the case of Coca Cola Plant at
Palachaimada (Kerala) the Gram Panchayat has got exclusive jurisdiction on the
use of ground water in its area, therefore permission from the Gram Sabha of
concerned villages should be obtained before diverting water to these
industries.
6.
The Govt. should ensure that the cost of treatment
of the diseases caused by the pollution of Lasara Drain is apportioned to the
industries which are polluting it on the principle of “Polluter Pays”.
7.
It is now well settled that right to a pollution
free environment is an essential part of the right to life guaranteed under the
Indian Constitution. The industrialists who are threatening the people’s lives
by spreading disease just to earn more profits should be severely dealt with.
8.
No environmental clearance should be given without
compliance with environmental protection measures.
9.
All the environmental monitoring measures should be
taken by the PPCB in collaboration with the Gram Panchayat and people of the
area in a transparent manner.
10.
There is an urgent need to shift the Govt
Elementary School Machhana from its present premises, as it is situated in a
highly polluted zone on the banks of Lasara Drain. It should be shifted to a
safe place to protect children’ health.
11.
The Dalit colony of Machhana, situated on the banks
of Lasara Drain also requires to be shifted. The people living there should be
provided alternative constructed accommodation at an environmentally safe
place.
GRATITUDE: The Fact Finding Team
is thankful to the people of Machhana, members of Action Committee and its Gram
Panchayat, BKU Ekta Ugrahan and Naujwan Bharat Sabha, who provided valuable
in-puts to the Team. The Team is grateful to Ms. Ruby Sidhu, Asstt
Environmental Engineer PPCB Bathinda for her assistance and co-operation.
Without the contribution of all these people, the Team could not have been able
to accomplish its job.
