An Interface Between Human Rights And Development With Special Reference To Ken- Betwa River Linking Project
Author: LawSphereX
Category: Constitutional & Human Rights
Published:
Updated:
AN INTERFACE BETWEEN HUMAN RIGHTS AND
DEVELOPMENT WITH SPECIAL REFERENCE TO KEN-
BETWA RIVER LINKING PROJECT
Ayushi Rai, National Law University and Judicial Academy Assam
CHAPTER I: INTRODUCTION
The pilot project for the national plan is called the Ken-Betwa Link Project (KBLP). The goal of this project is to link the Ken and Betwa rivers by building a dam, reservoir, and canal that will store excess rainfall during the monsoon season and redirect it for irrigation and human use. As concerns about the KBLP's viability and motivations impede its implementation, the programme has grown to be a contentious issue in India. The Indian government has published a Feasibility Report that addresses the project's possible environmental effects; nonetheless, the project's detailed description and analysis leave a lot to be desired. One component of India's proposed National River Linking Project (NRLP) is the multiobjective water development project known as Ken-Betwa.
The Madhya Pradesh districts of Panna, Chhatarpur, Damoh, Sagar, Satna, Katni, Narasingpur, and Raisen comprise the catchment area of both rivers. The vast Bundelkhand region of India, which spans the two most populous states, Uttar Pradesh and Madhya Pradesh, is often regarded as a region with numerous risks. Unfavourable weather patterns led to one of India's underdeveloped areas experiencing drought for an extended period of time. the entire population, which exceeds 7 million people. People have been moving there quickly for a number of years as a result of the ongoing drought. The village, home to 110 families, is one of 25 whose lands will be taken over for the massive project of connecting the Ken-Betwa River, which is projected to cost Rs. 45,000 crore. The Ken River, which passes through the tiger reserve, is the lifeblood of the continuously droughtprone Bundelkhand region.
The river is currently in the news because it is the site of the first river-linking project in the nation. The most pressing problem appears to be land acquisition, even though environmentalists have
long highlighted the inherent risks of river-linking, which range from deforestation and altered fish populations to ecological imbalances and alterations in monsoon patterns. There are allegations of inaccurate land surveys, and the villages have officially objected to the undervaluation and voiced their worries about losing their means of subsistence. The ambitious Rs 9,393 crore Ken-Betwa river interlinking project in India will have a major socioeconomic impact on the lives of two million people in the Bundelkhand region. Water is essential to life's survival and sustenance. This natural gift has seen exponential growth in demand. This large-scale project will benefit us with affordable transportation, energy, potable water, irrigation, and a means of subsistence for our rapidly growing population.
One major issue in the Bundelkhand region is water logging in some areas and inadequate irrigation in others. Drought-related agricultural damage and the poor drainage system could be controlled. The paper aims to investigate the socio-economic problems and environmental difficulties associated with the Ken-Betwa River link in India, as well as the effects of the project's land acquisition on the surrounding areas.
CHAPTER II: AN INSIGHT INTO THE NATIONWIDE INTERLINKING OF RIVERS
PLAN
Interlinking of rivers in India The unequal distribution of water supplies across the nation is one of the primary problems facing India's water resources management. This is because precipitation follows natural patterns that are highly variable in both space and time. 1As a result, during the monsoon season, certain parts of the nation receive a lot of precipitation, while others receive much less and frequently deal with a shortage of water. The national plan to connect India's rivers is one of the most ambitious proposals put up to address this unequal distribution of water. The idea of connecting rivers across the nation is not new. In the nineteenth century, Sir Arthur Cotton was the first to devise a scheme to connect rivers in Southern India for inland navigation.
2 According to his analysis, Zone I, which includes the Brahmputra and Ganga Basins, has 64 percent of the country's total water and 44 percent of its cultivatable area. In contrast, Zones II and III have very little water (9 percent and 19 percent, respectively), but have 19 and 35 percent of the country's cultivable area; Zone IV has very little water supply and cultivable area. 22 Dr. Roa stressed the need to move excess water from the Himalayan Rivers to the country's centre and southern regions as a consequence of his findings. 3 Despite the fact that technical reviewers have consistently rejected the idea of connecting rivers throughout India, it has inevitably come up again throughout time.
On October 31, 2002, the Supreme Court of India, under the leadership of retiring Chief Justice BN Kripal, revived the idea to interlink rivers with a mandate that said: “pursuant to the notice issued by this Court to all the states and the Union Territories in relation to the inter-linking of the rivers, an affidavit has been filed by the Union of India and also by the State of Tamil Nadu. No other State or Union Territory has filed any affidavit and the presumption, therefore, clearly is that they do not oppose it and it must be regarded that 1Bandyopadhyay, J. and Prevent, S. (2006). A Scutiny of the Justifications for the Proposed Inter-linking of Rivers in India. In Alga, Y. K. , Pangea, G. , & Gujja, B. (Eds. ), Interlinking of Rivers in India: Overview and Ken-Betwa Link (23-52). New Delhi: Academic Foundation. 2Shukla, A. C. and Asthana, V. (2005).
Anatomy of Interlinking Rivers in India: A Decisions in Doubt. [Online]. Available: http://www. ideals. uiuc. edu/bitstream/2142/42/1/Shukla-AsthanaOP. pdf[2006, Oct. 13]. 3Singh, Arjun Kumar. (2003) Inter-linking of Rivers in India: A Preliminary Assessment. New Delhi, India.
there is a consensus amongst all of them that there should be inter-linking of rivers in India. ”4 The mandate and the government of India's urgency to finish the interlinking project within the next ten years have been attributed to factors such as interstate water disputes and the failure of the monsoon in some sections of the country. 5The new idea is divided into two distinct parts, the Himalayan component and the Peninsular component, which together encompass the entire country. It looks to be modelled after the plan from the 1980s. Together, these two elements will create thirty links—dams and canals—that will connect 37 significant rivers. Transferring the Himalayan Rivers' floodwaters to the Peninsula's drought-prone regions is the project's ultimate objective.
National Water Policy The nation's first comprehensive National Water Policy (NWP), authorized by the National Water Resources Council in 1987, has served as a guide for the creation of policies and initiatives for the development and management of the nation's water resources. In April 2002, the national strategy was up for revision due to the numerous difficulties that persisted and the new ones that surfaced in the water resource sectors. Although there has been progress in the direction of sustainable water management, the NWP still lacks an action plan and is not backed by clear legislation. It doesn't assign any power or name anyone in charge of carrying it out. It also doesn't include any investment options or the economic cost of water. Moreover, it does not significantly affect the coordination and execution of interstate water development projects.
The only states that have included this concept in their water management strategies are MP and UP. Inter-basin water transfers are important, and the NWP addresses this in multiple sections under the Water Resources Planning area. 6 In 1982, the National Water Development Agency (NWDA) initiated the interlinking planning process through pre-feasibility studies, which determined the thirty potential links that are 4Shankari, U (Ed. ). (2004). Interlinking Rivers: Contradictions and Confrontations. New Delhi, India: Systems Visions. 5Bandyopadhyay, J. and Perveen, S. (2006). A Scutiny of the Justifications for the Proposed Inter-linking of Rivers in India. In Alagh, Y. K. , Pangare, G. , & Gujja, B. (Eds. ), Interlinking of Rivers in India: Overview and Ken-Betwa Link (23-52). New Delhi: Academic Foundation. 6Government of India. Ministry of Water Resources. National Water Policy.
Delhi: April 2002.
presently under consideration. 7 Feasibility Reports (FR) for eight links have been prepared since this process was finished, and reports on the other links are presently being worked on. The plan to join the rivers offers several advantages. The NWDA claims that the National Perspective Plan, also called the Interlinking of Rivers (ILR) Plan, would provide additional benefits by increasing ground water use for 10 million hectares and 25 million hectares of irrigation from surface waters, for a total of 35 million hectares and 34,000 MW of hydropower generation. 8 The NWDA has only addressed the project's financial cost, which is the most evident "cost. " But in actuality, there are a number of additional expenses as well, such social and environmental costs, that must be taken into account in addition to the economic one.
For instance, an independent study action group called Rivers for Life estimates that the ILR plan will sink thousands of square kilometres of land, displacing millions of already marginalized people. There is a genuine possibility for population displacement; in the past 50 years, almost
33 million people have been displaced in India; the majority of these individuals have not
received rehabilitation and have become impoverished. 9 The submergence of thousands of forest hectares is indicated in feasibility reports provided by the NWDA, which raises concerns about the environmental impact of this project and may lead to habitat loss and increased dangers to India's biodiversity. The Rivers for Life organization also emphasized how drastically altered river systems will result in the spread of toxicity from severely contaminated rivers to other rivers, the creation of new droughts and deserts, and the devastation of fisheries. 10 As the project's costs and benefits are considered, debate over the myriad problems it raises has elevated it to a highly contentious national issue. This is mostly because the benefits that are being touted are not being fairly weighed against a thorough examination of the costs to society and the environment.
Local governments should deal with shortage issues, according to the Centre for Science and Environment, a non-governmental group that works to raise public awareness of environmental challenges and sustainable development. Because different 7Shankari, U (Ed. ). (2004). Interlinking Rivers: Contradictions and Confrontations. New Delhi, India: Systems Visions. 8National Water Development Agency (NWDA) (2006). Benefits of National Perspective Plan. [Online]. Available: http://nwda. gov. in/index2. asp? sublinkid=49&langid=1 [2007, Jan. 13]. 9Rivers for Life. Interlinking of India’s Rivers: The Story So Far. [Online]. Available: http://studentorgs. utexas. edu/aidaustin/water/interlinking-rivers. pdf. [2006, Dec. 15] 10Rivers for Life. Interlinking of India’s Rivers: The Story So Far. [Online]. Available: http://studentorgs. utexas. edu/aidaustin/water/interlinking-rivers. pdf. [2006, Dec.
15]
locations have varied needs, a more localized approach is necessary. Large-scale projects may not always benefit the people as much as water management techniques like harvesting water. The World Wide Fund-Switzerland organized a "Civil Society Dialogue on the subject of India's proposed Interlinking of Rivers," in which grassroots organizations from a variety of regions, including Bihar, Andhra Pradesh, Tamil Nadu, Rajasthan, Maharastra, and Delhi, took part. They shared the opinion that the nation didn't need such a large project, but rather needed a "people-centered local water solution that can solve the real needs of the people. "11 These groups urge the government to consider alternative, smaller-scale solutions that might prove to be more efficient and less harmful.
Plans have been made to start implementing the national plan through a pilot link known as the Ken-Betwa Link Project, despite the mounting disagreement. 11Thakkar, H. (2005). Ken Betwa Link: Why it won’t click. New Delhi, India. [Online]. http://www. sandrp. in/riverlinking/knbtwalink. pdf [2005, Nov. 25].
CHAPTER III: THE KEN-BETWA LINK PROJECT
The National Water Development Agency (NWDA) has planned thirty river linkages in the Bundelkhand region of Uttar Pradesh (UP) and Madhya Pradesh (MP), one of which is the Ken-Betwa Link Project (KBLP). 12 The KBLP is being pursued as the national program's pilot project to act as a "litmus test" for the national ILR plan, despite the fact that no links have been constructed to date. 13 Some argue that the KBLP's selection as the flagship project is because to its remote location, which reduces the likelihood of dispute. Furthermore, the near proximity of the Ken and Betwa rivers to one another means that the physical building needed for the KBLP is quite small. 14 The results of this pilot link will establish the standard for river interlinking across the country.
As of right now, the Feasibility Report (FR) is the only document that the Indian government has made available that discusses the KBLP. The Feasibility Report is viewed by the NWDA as a concise overview of the project, with a disclaimer stating that all material is preliminary and subject to change as the Detailed Project Report (DPR) phase progresses. 15 Although the DPR's development appears to have started, it is unclear when the report will be finished or whether an Environmental Impact Assessment (EIA) will be carried out, according to communications with interested parties. 16 The FR states that the primary goal of the KBLP is to supply more water from the Ken Basin to the regions of the Upper Betwa sub-basin. This will be accomplished by proposing the construction of the Greater Gangau Dam (GGD), a 73. 8 m high dam, 2.
5 km upstream from the current Gangau Weir, on the Ken River near Daudhan village, on the boundary of the Madhya Pradesh districts of Chhatarpur and Panna. A 231. 45 km long concrete lined connection canal that drops water upstream of the current Barwasagar reservoir in the Uttar Pradeshi district of Jhansi is to be used to transport the water to the Betwa River. The potential advantages of the KBLP are briefly described in the FR. In certain instances, the 12National Water Development Agency. “Ken-Betwa Link Project Feasibility Report. ” 13“Ken-Betwa Link, the Litmus Test. ” The Hindu, Online Edition . August 29, 2005. Editorial Section. December 15, 2006. [Online]. Available:http://www. hindu. com/2005/08/29/stories/2005082902561000. htm [2006, Nov. 1]. 14Boojh, Ram. Presentation on KBLP. University of Michigan. Ann Arbor, MI. October 25, 2005. 15National Water Development Agency.
“Ken-Betwa Link Project Feasibility Report. ” [Online]. Available: http://nwda. gov. in/index3. asp? sublink2id=23? [2006, Aug. 31]. 16Thakkar, Himanshu. “Re: Questions about the KBLP DPR. ” Email to author. 9 January 2007.
FR specifies how water is to be dispersed or quantifies the volume of water that needs to be moved. The following advantages are detailed in the FR: • A drought-prone area of the upper Betwa sub-basin will receive 1. 27 lakh hectares of yearly irrigation thanks to the diversion of 659 mm3of water upstream of the Parichha weir into the Betwa basin. 17 The Water Resources Department will later identify four projects that will offer this irrigation. • The project is expected to benefit an extra 47,000 hectares along the link canal's path through annual irrigation. • It is planned to provide irrigation advantages to 3. 23 lakh hectares in the Ken basin, close to the project site. • Along the connecting canal, 11. 75 mm3 of water will be set aside for the provision of drinking water to towns and villages. This volume of water is estimated to meet the demands of 3.
3 lakh people at a daily consumption rate of 100 liters per person. The FR also takes into account the expenses and effects that come with building the KBLP. The project is expected to cost a total of Rs. 1988. 74 crore, or 452 million USD, according to the FR. 18 It is also mentioned that 900 families from 10 villages will have to relocate as a result of the dam and reservoir's development. A total of 8550 persons are thought to have been displaced. Additionally, it is projected that 6400 hectares of the land that would be flooded are wooded, of which 4500 hectares (or around 70%) are situated in Tiger Reserve, a recognized wildlife refuge, and Panna National Park. But throughout the paper, there is very little discussion of how serious these effects are. The criticisms of the KBLP serve as an example of the controversy regarding river linkage.
The criticisms of the KBLP are dominated by three main topics of dispute. The classification of the Betwa River as a “deficit” basin and the Ken River as a “surplus” basin, which serves as the foundational rationale for the water transfer, is one issue that is frequently raised. Critics contend that this description is untrue and based on shaky facts, implying that the government has altered water volumes on purpose to support the project. The effects that the submergence 17A lakh is a unit in the Indian numbering system, widely used both in official and other contexts. One lakh is equal to a hundred thousand (105) 18A crore is a unit in the Indian numbering system equal to 100 lakhs or 10 million (107)
of a portion of Panna National Park and Tiger Reserve will have on wildlife are a further worry. The Ken River, according to its detractors, is among the cleanest rivers in India. They also worry about the potential effects of building a dam and reservoir on the park's terrestrial and aquatic wildlife. Lastly, opponents debate over the justice and equity of distributing water to the local community and criticize the necessity of relocating residents of communities that have been inundated. 19 There is not enough information available to decide if the KBLP is the best management strategy for this area because of the generic character of the Feasibility Report (FR). It is not possible to refute or justify criticisms of the project based alone on this document. Consequently, more investigation was required to evaluate the KBLP's viability.
Region of KBLP The central Indian region of Bundelkhand is home to the KBLP. This area is split between the states of Madhya Pradesh (MP) and Uttar Pradesh (UP), with the majority of MP's districts. But because much of the town's ground water has already been exhausted, it is forced to import costly water via trucks from neighbouring sources, posing a serious water crisis. 20 Khajuraho has been designated as one of the primary accessible places for the KBLP in the FR; it is located
30 km from the projected dam site on the Ken River. It's also crucial to remember that neither
the FR nor the KBLP discuss the town's water needs or whether they will be met. The Panna National Park and Tiger Reserve, which spans the Panna and Chhatarpur districts and is located in the Vindhyan hill range, is home to the majority of the region's forests. Established in 1981, the Park currently occupies 543 km2 and includes protected and conserved woods as well as former neighboring animal sanctuaries. 21 The majority of the Park is made up of tropical dry deciduous woods, which define the eastern bounds of mixed forests and the northernmost borders for the natural distribution of teak. The Ken River runs 55 km through the park and is regarded as the primary lifeblood. The Park is also a well-liked tourist destination in the area because of the variety of wildlife species it contains, including tigers, and its proximity to Khajuraho.
19Alagh, Yoginder K, Ganesh Pangare and Biksham Gujja, eds. Interlinking Rivers in India: Overview and Ken- Betwa Link. Delhi: Academic Foundation, 2006. 20Singh, Shyamendra. Personal interview. 25 May 2006 21Government of Madhya Pradesh. Conservator of Forests and the Field Director, Panna Tiger Reserve. Panna Tiger Reserve. New Delhi, 2002.
Two of the eight main rivers in the area are the Ken and the Betwa. The Yamuna River, the biggest tributary of the Ganga, receives water from both of these rivers, which are regarded as interstate rivers between UP and MP. Of the 427 km length of the Ken River, 292 km are in MP, 84 km are in UP, and 51 km serve as the shared border between the two states.22 Its catchment area is 28, 224 km2, of which MP is home to the majority. The Ken is supplied by
19 tributaries and features a combination of 7 dams, canals, and weirs.23 The entire length of
the Betwa River is 590 km, of which 232 km are in MP and 358 km are in UP. 24 With the majority of its 43, 895 km2 catchment area situated in MP, it has a vast area. The Betwa is supplied by 11 tributaries that are likewise home to numerous dams, and it has a total of 19 dams, canals, and lakes. 25 Furthermore, a massive multipurpose irrigation and hydropower project is planned on a section of the Betwa in MP. On a significant tributary of the Betwa, a sizable dam is now being built, and two further hydroelectric projects have been suggested. UP and MP Water Sharing Agreement UP and MP have negotiated water sharing agreements before, as the Ken and Betwa Rivers are regarded as interstate sources. Actually, the two have a long history of collaborating to create water resource initiatives that will help both states.
But there is also a history of disagreements due to water sharing in a semi-arid area that heavily depends on seasonal rains and outdated water infrastructure that frequently falls short of expectations. The Gangau Weir and Left Bariyarpur Canal on the Ken have previously caused dispute between the two states. The current Bariyarpur weir, where multiple canals have been built to feed areas in both states, receives its water from the Gangau reservoir. Even though UP has argued that there will be more shortages at the Bariyarpur weir, MP has started building the Left Bariyarpur canal to supply more irrigation water for its areas. Conflicts between the two states over control of the regulatory gates, inspection buildings, and connection highways have also arisen as a result of the Rangwan dam.
26 This has led to a breach of a bilateral water sharing agreement that was signed in 1972 between the two states, which has so far had a detrimental impact on irrigation 22National Water Development Agency. “Ken-Betwa Link Project Feasibility Report. ” [Online]. Available: http://nwda. gov. in/index3. asp? sublink2id=23? [2006, Aug. 31]. 23Alagh, Yoginder K, Ganesh Pangare and Biksham Gujja, eds. Interlinking Rivers in India: Overview and Ken-Betwa Link. Delhi: Academic Foundation, 2006. 24National Water Development Agency. “Ken-Betwa Link Project Feasibility Report. ” [Online]. Available: http://nwda. gov. in/index3. asp? sublink2id=23? [2006, Aug. 31]. 25Alagh, Yoginder K, Ganesh Pangare and Biksham Gujja, eds. Interlinking Rivers in India: Overview and Ken-Betwa Link. Delhi: Academic Foundation, 2006. 26Dang, Himraj. “River Inter-linking: Robbing Banda to Pay Hamir.
” Terragreen (July – September 2006)
in the Uttar Pradesh. The interstate Rajghat Dam project has contributed to the history of conflicts between the two states on the Betwa. Despite decades of negotiations, the dam is still pending completion, but it is already clear that differences in the initial projections of the catchment area will prevent it from reaching its full irrigation capacity. 27 This might have a detrimental effect on downstream dams that are currently in place, like the Matatila, which already has severe siltation rates. The Central Regional Board now has authority over the water redistribution that the UP government had suggested, as it was not approved at the municipal level. The Prime Minister was present when the Chief Ministers of the UP and MP signed a Memorandum of Understanding (MoU) on August 25, 2005, to begin work on a Detailed Project Report (DPR) for the KBLP.
This agreement was reached three years after the two states were instructed to complete and validate their master plans for the project by the federal government's Task Force on Interlinking of Rivers. Based on the concerns voiced by the state's principal negotiators in the official minutes of the meetings prior to the MoU's signature, a few KBLP observers are wary about this arrangement. 28 First, there was worry over the amount of electricity required to pump the reservoir's water into the canal. 29 Second, because the KBLP will likely result in less water in some places and more in others, a comprehensive restructuring of the current interstate water sharing agreements would be necessary. Third, authorities from both states were worried that widespread water diversion may spark unrest in the Bundelkhand area.
30 Last but not least, there were worries that the KBLP would negatively impact the current irrigation and power plants on both rivers. The most pertinent examples in this respect are the hydroelectric plants and irrigation systems that are currently in place, such as the Rajghat and Matatila dams on the Betwa. Concerns were also raised about the Ken, specifically that if water from the river was diverted, the Gangau feeder reservoir, which is located downstream of the proposed KBLP dam, would be dry for the majority of the year. 31 In the end, the money already spent on these structures and the 27Alagh, Yoginder K, Ganesh Pangare and Biksham Gujja, eds. Interlinking Rivers in India: Overview and Ken-Betwa Link. Delhi: Academic Foundation, 2006. 28Thakkar, Himanshu. Personal Interview. 6 June 2006. 29Sabha, Rajya. “Disagreements of River-Linking Project. ” Press Information Bureau.
Government of India, Ministry of Water Resources. [Online]. Available: http://pib. nic. in/release/release. asp? relid=23488[2006, Dec. 16] 30Dang, Himraj. “River Inter-linking: Robbing Banda to Pay Hamir. ” Terragreen (July – September 2006) 31Alagh et al. 2006.
benefits that were initially intended may suffer, if not completely disappear. This would be particularly regrettable for the thousands of people who have already been forced to evacuate as well as the river ecosystems that have been impacted by these projects.
CHAPTER IV: THE IMPACT OF LAND ACQUISITION POLICIES ON THE
GROUND
Out of thirty proposed river linking projects, the Ken-Betwa River linking project is the first to come to fruition. It entails moving excess water from the Madhya Pradesh-based Ken River basin to the Uttar Pradesh-based Betwa river basin. Water will be stored in a 77-meter-tall dam on the Ken River and transported to the Betwa basin by 220 kilometres of connecting canals. Situated in the Panna tiger reserve, the dam is set to submerge an area of 9,000 hectares. 5,578. 92 hectares of the Panna Tiger Reserve will be submerged out of which 1,372. 42 hectares are in the buffer zone, where restricted operations are permitted, and 4,206. 5 hectares are located within the reserve's core, which is tightly maintained for the preservation of wildlife.
32 In the districts of Chhatarpur and Panna, land acquisition for the dam and compensatory afforestation will impact 14 and 11 villages, respectively. For these projects, the Madhya Pradesh government plans to purchase 3,830 hectares. Those impacted by the project have objected to property acquisition letters, claiming that the measurements of the land were inaccurate and that their homes were not valued correctly. 33 The Chhatarpur Collector has announced that nine villages, covering an area of 1595. 97 hectares, in the district of Chhatarpur will be acquired since they are located in the submergence zone. Additionally, data from the Madhya Pradesh Forest Department and the Union Environment Ministry indicate that 16 villages—11 in the Panna district and five in the Chhatarpur district—spread across 2,357 hectares—will be impacted by the acquisition for compensatory afforestation.
34 The Chhatarpur Collector has announced that nine villages, covering an area of 1595. 97 hectares, in the district of Chhatarpur will be acquired since they are located in the submergence zone. Additionally, data from the Madhya Pradesh Forest Department and the Union Environment Ministry indicate that 16 villages—11 in the Panna district and five in the Chhatarpur district—spread across 2,357 hectares—will be impacted by the acquisition for compensatory afforestation. 35 32Aarti Dhar, ‘A project that has run dry in Bundelkhand’. Available: http://www. thehindu. com/news/national/aproject-that-has-run-dry-in-bundelkhand/article2889651. ece[ November 17, 2021] 33ibid 34https://forestsclearance. nic. in/writereaddata/eds_UA/2014_27_17_Sep_2023_133832220_edsletter_kenbetwa. pdf 35https://cdn. s3waas. gov. in/s3f1b6f2857fb6d44dd73c7041e0aa0f19/uploads/2022/09/2022092962. pdf
The last forest clearance was recently given by the Ministry of Environment, Forests, and Climate Change (MoEFCC), opening the door for construction on the dam inside the Panna reserve. According to Brijendra Jha, the field director of Panna Tiger Reserve, "the work on mutation of land in the name of the forest department is under way and a limited working area permission has been granted for starting work on the dam. "36 The project is being carried out by the National Water Development Agency, whose director general is Bhopal Singh. The Daudhan dam tender was released in August 2023 and is scheduled for implementation in eight years. 37 Background: The 14 districts that make up the Bundelkhand region—seven in Madhya Pradesh and seven in Uttar Pradesh—are regarded as some of the least developed in the nation and score low on measures of health care, income, and literacy.
Due to the area's previous history of droughts, access to drinking water and irrigation are crucial concerns that have an impact on people's quality of life. Small land holdings and a heavy reliance on agriculture are two other factors in the region's seasonal and year-round out-migration. The main objective of the Ken-Betwa River connecting project is to provide irrigation and drinking water in order to alleviate these problems. 38 According to the tripartite Memorandum of Agreement on water sharing and regulation signed by the union government, Madhya Pradesh, and Uttar Pradesh, the districts in Madhya Pradesh targeted for benefiting from the project are Damoh, Tikamgarh, Panna, Chhatarpur, and Jhansi; in Uttar Pradesh, the districts targeted for benefiting are Mahoba, Banda, and Lalitpur.
To build a dam on the Ken River and make up for the forest land that will be submerged, the project will need a sizable amount of land. Due to land acquisition, this will have an effect on 6,628 families in the districts of Chhatarpur and Panna, expanding the project's social and economic reach. 39 Due to land submergence and dam-related land acquisition, Madhya Pradesh's 5,228 households in Chhatarpur district and 1,400 families in Panna district will be displaced by the 36https://forestsclearance. nic. in/writereaddata/RO_Approved/100320231FinalApproval. pdf 37ibid 38ibid 39ibid
project's proposed 77 m Daudhan dam.40 It is anticipated that once the dam is built, more than 10% of the tiger habitat will be submerged under water. 5,578 hectares of forest—4,206.05 hectares in the core region and 1,372.42 hectares in the buffer zone—will be submerged by the dam inside the Panna Tiger Reserve. A special plan for rehabilitation and relocation was approved by the State Cabinet on September
9. The main features of this package are that private land owners will receive a payout of Rs.
12,50 lakh per hectare, while those with titles to revenue or forest property will receive Rs. 12,50 lakh per hectare.41 The sub-divisional magistrate (SDM) office received a petition from the villages in August voicing their concerns. The Bijawar SDM was questioned, but he made no remarks. In May, the SDM of Bijawar informed the villagers of Kupi that their resettlement colony will be located 16 km south of the hamlet at Kishangarh. This was in reference to the Rs. 12.5 lakh rehabilitation grant. Lack of clarity on land acquisition The program includes plots worth Rs. 6.5 lakh in urban areas or Rs. 7 lakh in rural regions, depending on availability, to compensate for home displacement. In the event that families choose not to purchase plots, the package offers each family a lump sum rehabilitation of Rs.
12.5 lakh. Only a few families in Shahpura have gotten notices.Shahpura is located in the
Daudhan dam's submergence zone, while Khamri is intended for acquisition to make up for the 6,017 hectares of forest that the dam will cause to submerge inside the Panna reserve. In exchange for the loss of Panna's enormous forest area, the Union government permitted the project to acquire non-forest land while still providing forest clearing. 42 For the dam, two main types of land acquisition will take place. One is for compensatory afforestation, while the other is for submerged lands. In eight villages spread across the districts of Chhatarpur and Panna, the people have voiced their disapproval of the special package and the way the district administration conducted what they considered to be inaccurate land 40Ken Betwa Link Project Authorityhttps://nwda. gov. in/upload/uploadfiles/files/Gazette%20Notification%20of%20KBLPA. pdf 41Ibid 422605201718492016. pdf(forestsclearance. nic.
in)https://forestsclearance. nic. in/writereaddata/RO_App_Inprinci ple/2605201718492016. pdf
surveys. The primary concern of the villagers is that their difficulties making a living would get worse as a result of India's first river connecting project, which is supposed to solve the region's water and economic problems. The injured villagers, particularly those from Chhatarpur, repeatedly demonstrated to demand just compensation, leading to the announcement of the special package in September. Protests against land acquisition process and demands for better compensation In November and December of 2022, land surveys were carried out in the impacted communities located in various districts. Notifications under section 21 were sent to impacted families by the Chhatarpur district administration in July 2023, and the Panna administration did the same in August of the same year.
Villages in Chhatarpur affected by the project have protested in front of the collectorate on several occasions, calling for greater openness in the land acquisition procedure, especially with relation to the gathering of Gram Sabhas. They have asked to speak about equitable recompense as well as the rehabilitation and resettlement procedure. Local police used lathi-charges on villagers during a 15-day sit-in protest in front of the Chhatarpur collector's office in May of this year. 43 Regulations The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) is being followed in the land acquisition process.
The district government sent notices under section 21 to project-affected families in July 2023 based on the land surveys, while the Chhatarpur administration sent Section 11 letters in January 2022 indicating the villages to be purchased. Villagers impacted by the project have claimed that surveys, land measures, and property values included in these documents contain errors. 44 A least of one acre shall be given to each household that owns agricultural property in the
affected area in the event of an irrigation project, according to the Right to Fair Compensation and Transparency in property Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act). This land ought to be granted in the project's command area, which is the region that receives water from the irrigation project. In addition, every member of the impacted family 43http://timesofindia.indiatimes.com/city/bhopal/Ken-Betwa-project-Panel-gives-nod-to-governments-Plan- II/articleshow/51935510.cms 44http://www.bna.com/indias-audacious-riverlinking-n57982072325/
whose record of rights is included ought to be given consideration for this benefit. The Madhya Pradesh cabinet approved and declared a special package for the rehabilitation and resettlement of the dam's impacted people on September 13. It involves paying Rs 12. 5 lakh per hectare of land held or Rs 12. 50 lakh per hectare for individuals having titles on revenue or forest land, or accepting the compensation set by the district collector in accordance with the LARR Act, 2013. The package offers a lump sum grant of Rs 12. 5 lakh per family or plots, subject to availability, in addition to a value of Rs 6. 5 lakh in urban areas and Rs 7 lakh in rural regions for home displacement. 45 Affected households received notices with valuation details of their farms, houses, and trees prior to the announcement of the special package.
Circle rates served as the basis for the Bijawar SDM's and the land acquisition officer's appraisal. Families can choose the Collector's compensation and solatium, which is 100% of the compensation, or the special package, whichever is larger, according to the Madhya Pradesh government's special package. When this reporter mailed questions on the complaints of project affected residents, Chhatarpur Collector Sandeep G. R. did not reply, and Panna Collector Harjinder Singh declined to answer, referring this reporter to Deputy Collector Rohit Verma. Despite several attempts, Verma could not be reached. Unlike the second schedule of the LARR Act, there is no particular provision for a transportation allowance in this package. It also doesn't say if the bundle will be available to the adults in each family.
The LARR Act states that adult children in impacted homes should be treated as a single family. Emerging Issues Those impacted by the project who received notices of land acquisition have contested the accuracy of the land surveys, requested explanations and submitted objections. Better communication between revenue department representatives and the people impacted by the river-linking project is necessary, as evidenced by the discontent with the land surveys and value. The people of Panna Tiger Reserve would lose extremely fertile land when they are forced to leave the reserve's central parts. Families worry about whether they would be able to purchase comparably fertile land after receiving compensation and rehabilitation benefits. The 45ibid
Scheduled Tribe and Scheduled Caste inhabitants in the impacted villages are afraid that they won't have any other sources of income in the foreseeable future. These villages will no longer have access to forest regions, where summertime consistent income from the harvest and sale of small forest products is generated. 46 An important source of livelihood, cultivable land, would be lost as a result of land acquisition, according to a social impact assessment study completed in December 2014. According to the report, large and medium landholders would become marginal or small farmers, significantly lowering their farming revenue. The analysis also showed that, in the proposed dam area, farming was the primary source of revenue, with little forest produce coming in second.
47Some of the issues raised by the locals of the area as noted by an independent journalist as published on the news portal Frontline, The Hindu: “Dayaram, 40, a panchayat member of Koni village in Panna said that the displacement would have long-term impacts. He demanded that the government increase its package substantially. “We need at least five acres per family and at least Rs. 30 lakh per adult member of a family. Nothing else will be enough,” he said. ” “Sada Rani, 32, of Gahdara village in the buffer zone of the Panna Tiger Reserve said that her family’s 10-acre farmland was divided between her husband and his two brothers. Farming and the sale of tendu leaves are their two main sources of income for them, with the tendu income key during summer. Rani worries that losing both land and access to forest could lead to livelihood struggles for the family.
“It will throw us into a corner. We will have to go out to the cities looking for work,” she said. ” “Rajesh Tiwari, 48, also of Gahdara, pointed to the irony of their impending displacement. Tiwari recalled that Gahdara and the 20 other villages, now being acquired for the dam, were added to the Panna tiger reserve’s buffer zone in 2012. Back then, Tiwari said, the forest department came with folded hands seeking their cooperation to save tigers from extinction. Now, Tiwari said, the government is okay with drowning the reserve and displacing us. “When they needed us, we helped them with our heart and soul. It is time for them to help us. ”” 46http://www. thehindu. com/news/national/a-project-that-has-run-dry-in-bundelkhand/article2889651. ece 47https://environmentclearance. nic. in/writereaddata/Online/RiskAssessment/22072015SHNTXRNARisk. pdf
CHAPTER V: THE SOCIO-ECONOMIC AND ENVIRONMENTAL IMPACT OF THE
PROJECT
Social Impact evaluation of Project area Providing irrigation to the water-scarce Bundelkhand region is one of KBP's main objectives. The Water Resources Ministry estimates that this project will probably have an impact on 10 villages total, housing 1,585 families. The project is for building a dam over the Ken River in the Madhya Pradesh district of Chhatarpur in order to irrigate 6. 35 lakh hectares of land for drinking water needs and to produce 78 MW of hydropower. The project includes two powerhouses with a combined capacity of 2x30 MW and 3x6 MW, two tunnels with a length of 1. 9 km on the upper level and 1. 1 km on the lower level, and a 221 km long Ken-Betwa link canal that is intended to be built on the river's left bank.
6,35,661 hectares of land in the districts of Banda, Mahoba, and Jhansi in Uttar Pradesh and Panna, Chhattarpur, and Tikamgarh in Madhya Pradesh will have irrigation capabilities thanks to the project. • Loss of property: The families impacted by the project would lose a total of 6422. 62 hectares of their private property to build the Daudhan dam and other project components, as well as the project's canal network. Additionally, roughly 5339. 00 acres of forest land would be included in the project's various components, according to the project concept. This suggests that the landed property owners would forfeit their ownership. • Loss of Livelihood: around 72% of households would become landless, roughly 21% would become marginal farmers, and roughly 7% would be classified as small farmers.
Big farmers impacted by the project would no longer be considered big farmers due to land acquisition. Employment Loss: As a result of land purchase, a number of landless families that would have otherwise continued their farming operations would no longer be able to work for themselves. • Loss of Income: The socioeconomic environment of the project-affected household will have an impact on their family life because of the loss of their job, land, and means of subsistence, which will lower their regular family income.
Economic Impact evaluation of Project area This project will demonstrate a number of financial advantages, including the growth of transportation and storage infrastructure and agro-based companies. growth in agricultural supplies, pesticide and fertilizer production and consumption, farm equipment production, and job creation. The provision of irrigation water has numerous economic advantages, including improved agricultural yield, groundwater recharge, animal husbandry, farm equipment, and agro-processing. The KBP project's drawback is the reduction in livestock and crop productivity brought on by the crop area's submersion upstream of the reservoir. The Ken-Betwa Link Project's implementation will provide the locals with a good opportunity to find work throughout the project's construction.
Locals would be given advantage when hiring causal laborers or workers on a daily salary basis. Both the local and national economies will gain from this. Moreover, the command area's higher agricultural output will promote the growth of forward and backward linkages, which would in turn boost the region's economic development. Employment will be created by the Ken-Betwa link project both during and after construction. The project will employ between 4000 and 5000 people during its operation phase. The project's command area is expected to generate about 225 lakh man-days of employment in total. The Daudhan region is home to a number of tourist attractions, which helps the project site grow into a top-notch vacation destination.
In order to facilitate smooth communication and movement of commodities and materials required for the construction of the dam, the project includes provisions for the construction of new highways inside the project area. The constructed roads will also provide a road communication network in the region, facilitating travel for both locals and outsiders as well as the emergence of small-scale businesses. The establishment of medical and health facilities for staff members, workers building dams, and other personnel throughout project execution is one of the project's goals. Both in-patient and out-patient care are offered by these medical and healthcare establishments. The established medical and health facilities will remain open for use by the locals even after the project is implemented.
This would fill the void left by the current medical and health infrastructure and, for the most part, provide solutions to the community's issues. The research area's field survey found that during the pre-monsoon season, ground water levels
are low. During this time, some of the groundwater sources that are primarily used to supply drinking water dry up. By building a dam, a sizable body of water will be created as part of the project, which will undoubtedly recharge and raise the groundwater levels nearby. Both the farming community and other water users who relied on groundwater facilities will benefit from this. An important component of the agricultural economy of the Bundelkhand region is the production of livestock, particularly milk. The project has a lot of potential, especially considering how close the Daudhan dam site is to Khajurao, a popular destination for relaxation and tourism. On the outskirts of Rangwan Reservoir, plans have been made to build picnic areas and tourist bungalows (approximately 9 km from Daudhan dam site). There is also a lot of potential for tourism growth with the link canal.
The Orcha temple in Jhansi, at the end of the canal, might develop into a popular tourist destination. As a result, the development of tourist cottages is suggested, and the required arrangements have been made. Environmental Impact evaluation of Project area 9,000 hectares would be submerged as a result of this project. 4,141 hectares of which are part of the Panna Tiger Reserve, making up 5,258 hectares of forest land. There aren't many tourist attractions in this area. The Pandava Falls and Plateau areas of the national park, which include vast expanses of open terrain with a profusion of herbivorous species, currently receive the majority of visitors. These locations are downstream of the Daudhan Dam and won't get flooded.
Scientists are also skeptical that rerouting a river will result in significant alterations to the morphology of the river, the form of the delta created at the river mouth, and the physical and chemical makeup of the sediment load. All of these have significant effects on livelihood and the economy, but the initiative chooses to overlook them. The construction phase is when the project's activities have the greatest impact on the surrounding air quality. Diesel is used to power automated operations. SO2 and NOx levels, as well as suspended particulate matter, are rising due to heavy machinery. There will be extensive deforestation during the dam's construction, which could heat the surrounding air. This heat island that results is a form of microclimate.
When vast amounts of concrete, cement, and asphalt are used, they absorb solar radiation, warm up, and then reflect that heat back into the surrounding air. Thus, there will be some degree of ambient air heating during the construction phase surrounding the dam sites. This microclimate impact is transient in nature and of modest intensity.
Reduced Noise in the project area where heavy machinery will be installed, barriers should be built. It will serve as an acoustic barrier to prevent noise from machinery from negatively affecting wild animals, owing to Daudhan Reservoir Given the process of natural purification brought about by sedimentation, dilution, and the destruction of organic materials like sewage from labor colonies and effluents from crushers and other sources, the quality of the water in the reservoir may increase. The untreated sewage in the Ken River is sufficiently diluted by the minimum flow. Therefore, there will be very little effect on the quality of the surface water, which will nevertheless be lessened by sewage treatment procedures. Because to diamond mining activities and the deterioration of forest products in the submergence area, the eutrophication risk for the Daudhan reservoir is low.
The risk will be reduced with proper submergence area deforestation. The semi-quartz sandstone that covers the reservoir is firm and dense. As a result, there is very little chance of leakage from the reservoir's bed. There are precious timber trees that will be flooded. Except for the rare visitor, birds have no recognized migration routes. The project might not have a significant impact on the animals' ability to access food and shelter in the environment, but it would provide them with an abundance of water, reducing the need for them to leave the forests in the summer months in search of it. The Panna Tiger Reserve region that will be inundated is primarily on the dam's right flank, which is covered in steep hills. The project will cause dense forest to sink.
CHAPTER VI: CONCLUSION
The development objectives and socio-environmental repercussions of the Ken-Betwa river linking project interact intricately. Its execution has given rise to grave concerns regarding the rights and well-being of impacted communities as well as the preservation of natural ecosystems, despite its promises to alleviate water scarcity and boost agricultural output in the area. In addition to strong mitigation strategies to reduce environmental harm, addressing these issues calls for inclusive and collaborative methods to land acquisition, compensation, and resettlement. Besides, it emphasizes how crucial it is to take into account ecological sensitivity and local viewpoints in big infrastructure projects in order to guarantee fair and sustainable growth. Here are some findings and suggestions Findings:
1. Impact on Communities: - Marginalized communities who depend on land for their
livelihoods, such as tribal populations and small-scale farmers, have been disproportionately impacted by land acquisition for the project. Socioeconomic vulnerabilities such as food insecurity, loss of cultural identity, and elevated poverty rates have been brought about by displacement and restricted access to natural resources in impacted communities.
2. Compensation and Resettlement: In spite of laws for both, there have been cases of
insufficient recompense, postponed payments, and insufficient alternatives for displaced families to make a living. Resettlement sites frequently lack basic infrastructure and facilities, which exacerbates the difficulties faced by displaced communities and impedes their ability to recover socioeconomically.
3. Environmental Impacts: The project will cause habitat loss and fragmentation for
wildlife species by submerging wooded areas, including portions of the Panna Tiger Reserve. Alterations in sediment transport, water quality, and aquatic biodiversity are just a few of the downstream habitats that may suffer from changes in hydrological regimes and water flow patterns.
4. Institutional and Legal Framework: Enough protections for impacted populations'
rights and thorough environmental impact evaluations are absent from the legal framework controlling land acquisition and environmental clearance procedures. Socioeconomic inequality and environmental degradation have been exacerbated by instances of non-compliance with resettlement and rehabilitation requirements, which have been caused by weak enforcement measures and insufficient accountability. Suggestions:
1. Enhanced Stakeholder Engagement: To guarantee that the opinions of impacted
communities, civil society groups, and pertinent stakeholders are heard and their concerns are taken into consideration at every step of project development and execution, support participatory decision-making procedures.
2. Better Remuneration and Rehabilitative Actions: To guarantee that compensation
packages accurately represent the worth of the land and fairly account for the loss of social networks, livelihoods, and cultural heritage, they should be reviewed and revised. To support the socioeconomic rehabilitation of displaced communities, give priority to the development of alternative livelihood opportunities, vocational training, and basic infrastructure at resettlement locations.
3. Ecologically Sustainable Practices: To offset the ecological consequences of the project
and protect biodiversity hotspots, incorporate strong environmental mitigation and conservation measures, such as compensatory afforestation, habitat restoration, and wildlife corridors.
4. Legal Reforms and Institutional Strengthening: To guarantee compliance with
international standards, social justice ideals, and environmental sustainability, strengthen the regulatory frameworks controlling land acquisition, resettlement, and environmental clearance procedures. Provide efficient institutional oversight and monitoring systems to ensure that resettlement and rehabilitation policies are followed, hold responsible parties accountable for infractions, and resolve complaints from impacted communities.