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March 2012

PART D: RTI & SUCESSS STORY

By Narayan Varma
Chartered Accountant
Reading Time 7 mins
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RTI success story of Vinita Deshmukh, Pune:

The controversial Dow Project in Pune — at Shinde- Vasuli village in Chakan came to a grinding halt in 2010. In fact, unable to sustain vociferous local protest against the establishment of its chemical plant in the heart of the village, Dow voluntarily walked out of Pune district. I couldn’t believe what I heard . . . .

Since then, the site wears a deserted look. Much of the construction material too has been lifted by the Dow people, say villagers. cement bags lie torn, construction pillars with jutting out iron rods wait hopelessly and most of the makeshift offices too have been flattened. Two security guards stroll around and dare not defy clicking photographs. The land still belongs to Dow confirms the MIDC official in Pune and MPCB Pune says no directive has been given by it to the shift base. According to news reports, Dow has voluntarily decided to move out, stung by the hostility of the local residents. Well, but there are no sympathies for this turn of events.

Like they say, as you sow, so shall you reap.

When I called up the then District Collector Chandrakant Dalvi, he confirmed that “Dow is now out of Pune district.’’ It is the intense campaign by villagers taken forward by the Warkari community of entire Maharashtra that eliminated Dow from Pune. I, in the capacity of the editor of ‘Intelligent Pune’, a weekly tabloid, played a pivotal role in accessing crucial information under RTI. Inspection of files u/s.4 of the RTI Act at the Maharashtra Pollution Control Board (MPCB), Maharashtra Industrial Development Corporation (MIDC) and Secretary, Environment office at the Mantralaya, Mumbai revealed shocking details.

When Dow was given a whopping 100 acres of land, it began construction sometime late 2007. Villagers were in the dark about it, they were not even told the name of the company. Former Sarpanch Panmant recollects that suddenly a 4,000 strong labour force was put to work day and night. When they tried getting information from the collector’s office, they were stonewalled. It was only in January 2008 that the company put up the board on site, namely, ‘Dow Chemicals International Ltd.’.

Sometime in January 2008 Justice (retd.) B. G. Kolshe Patil visited the village for a public programme. When he found the name ‘Dow Chemicals International Ltd.’ on the board, he asked the villagers whether they were aware of what was coming to their village. He enlightened them that it is the same company which was responsible for the Bhopal Gas Tragedy and that villagers should not allow this company to set up home here.

Thus, villagers began their agitation. They first stopped the water connection that they had willingly given to the company premises and then halted any company vehicle from entering their village. For this, they dug up superficial trenches. Newspapers reported about the warpath taken by the villagers.

I decided to find out more about permissions given to Dow. When I called up Member Secretary, MPCB, he answered that, “I have no documents. If you want, you can invoke the RTI Act.’’

I did so and literally opened up a Pandora’s Box. I broke the story in ‘Intelligent Pune’ in the 7th March cover story. It shocked Puneites and armed villagers of Shinde-Vasuli where the Dow Chemicals plant was coming up, with hardhitting ammunition in the form of the truth in black and white.

The Maharashtra Pollution Control Board (MPCB) is the prime body to give environmental clearance for such a project. The Maharashtra Industrial Development Corporation (MIDC) is the body which provides land. Both are required to scrutinise the proposal of this nature thoroughly since the outfit, even if it is an R&D centre, is of a chemical nature. I carried out inspection of files u/s.4 of the RTI Act at the MIDC, Pune office. I also invoked the RTI at the MPCB office to know what kind of consent DOW had applied for and what kind of consent had the MPCB given.

Though we procured crucial correspondence, which took off the lid of DOW’s claim that it was primar-ily a research and development centre and not a manufacturing unit, vital documents pertaining to NOCs from the Ministry of Environment & Forests (MOEF) and Industrial Entrepreneurs Memorandum (IEM) — both mandatory for establishment of a chemical plant were either missing or not submitted at all. “We do not have these documents in Pune — you may try in Mumbai’’ was the chorus of the regional officers of the MIDC and MPCB.

Inspection of files at MIDC, Pune on 28th February, 2008:

Information was gathered u/s.(4) of the RTI Act wherein this writer and RTI activist, Vijay Kumbhar, undertook inspection of the file containing correspondence between MIDC and DOW. Some of the file notings reveal the hurry in which the proposal was given a green signal. The correspondence also reveals that what DOW was setting up was not primarily a research and development centre. Many files were inspected. Hereunder are the observations:

19th October, 2007: In his letter dated 19th October, 2007, Sanjay Khandare, member secretary of the MPCB has granted Dow Chemicals International Pvt. Ltd. (plot no A-1, MIDC Chakan, Phase II, Taluka Khed, District. Pune) the consent for the manufacture of the following chemical products: Polymers — 2,000 kgs per month; Catalyst organic/inorganic — 1,000 kgs per month; Surfactants — 200 kgs per month; Aliphatic organic compounds — 500 kgs per month; Aromatic organic compounds — 500 kgs per month; Inorganic salts — 500 kgs per month.

In case of accidents, the MPCB expects DOW to do a clerical post-accident action — “Whenever due to any accident or any other unforeseen act or even, such emissions occur or apprehended to occur in excess of standards laid down, such information shall be forthwith reported to Board, concerned police station, officer of director of health services, Department of Explosives, Inspectorates of factory and local body. In case of failure of pollution control equipments, the production process connected to shall be stopped.’’

Maj. Gen. SCN Jatar (retd.), a petrochemical expert and RTI activist stated that, “The authorities should not have given final approval until the environmental impact assessment (EIA) report is made. The report should be made by a well-known agency and local representatives of the citizens should be associated with its preparation.”

Pollution control board experts who scrutinised the consent by the MPCB, commented:

“The list of chemicals given which are likely to be used at the Chakan plant includes hazardous and dangerous gases as well as chemicals such as (1) gases — SO2, Acetylene, HCL. (2) Solvents — Acetone, ether, nitrite compounds, halogenetic solvents, and inorganic acids. Thus the safety-related issues arising out of handling, accidents and incidents involving above chemicals require proper storage, handling and emergency procedures. For this an environmental management plan should have been asked by the Board of Government of India’s MSIHC (manufacturing, storage, import and handling of hazardous chemicals rules 1989) as notified in the EPA Act same does not seem to have been adhered to. There does not seem to be adherence of the Chemical Accidents & Emergency Preparedness (Rules 2000) for which the company needs to submit onsite and off site disaster management plan and that includes education to the neighbourhood residents. It is the fundamental right to know what is happening in the neighbourhood.”

As a precautionary principle, environmental impact analysis should have been done by the company on its own when they claim they are a responsible corporate. Neither the board has asked for it.

I informed the villagers regarding the kind of chemical manufacturing plant and that it was not just a research centre which was coming in their neighbourhood. Bandya Tatya Kharadkar, the Warkari leader successfully led a state-wide agitation as the Indrayani river is close to the heart of this community. What makes me feel overwhelmed is the fact that it was RTI that could move a colossal multinational company which flexes its muscles in countries like India based on money power. RTI can even drive away such a powerful business enterprise!

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