[OdishaConcerns] POSCO SEZ Land Acquisition Illegal: Cancellation of Two Steel Projects by POSCO and Arcelor Mittal has Lessons for Other Projects

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*Cancellation of Two Steel Projects by POSCO and Arcelor Mittal has Lessons
for Other Projects*
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*
5th In-principle Extension of SEZ Status to POSCO Odisha Plant in Seven
Years is Illegal

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*

*Stop Police Terror in Gobindpur Now *

*New Delhi, July 19* : In quick succession two steel projects worth 18b $

have been cancelled after they failed to acquire land and other clearances.
Many in government are saying its bad for investment, and environmental,
labour and other guidelines need to be relaxed to attract foreign
investment in manufacturing. As people's movements opposing many of these
big infrastructure projects, we feel that these projects are nothing but
resource grab and transfer to private corporations for nothing and in

violation of constitutional provisions. *We need stricter implementation of

the existing guidelines to stop such loot of natural resources and stern

actions against those responsible.*

*The POSCO Steel project in Odisha is infamous for several illegalities to
date*: tree-felling; grabbing forest-dwellers land; incomplete assessment

and deliberate concealment of facts, seizing natural resources without
requisite MoU and environment clearance; criminally beating, arresting and
killing those resisting the project; and flagrantly violating fundamental
rights to life and liberty of local citizens. Now the Central and State
governments have connived with POSCO by modifying rules to continually
extend its in-principle approval as multi-product SEZ and violating the
requirement that there will be no forcible acquisition of land for SEZs.

   -

   On January 18, 2013 in the 56th Board of Approval meeting POSCO was
   given the 5th in-principle approval extension (Annexure 1)! A June 15,
   2007 letter issued by the SEZ BoA to all state governments clearly states
   that no forcible acquisition should be carried out for SEZs. This was
   backed up by Instruction 29 guidelines on land acquisition for SEZs on
   August 18, 2009 (Annexure 2) to all state Chief Secretaries reiterating:

*The State Governments would not undertake any compulsory acquisition of

land for setting up of the SEZs. BoA will not approve any SEZs where the
State Governments have carried out or propose to carry out compulsory

acquisition of land for such SEZs after 5th April 2007.*

   -

   While acquisition under Land Acquisition Act 1894 has been halted by the
   Odisha High Court for process violations, the illegal forcible acquisition
   of forest land continues in violation of FRA 2006 and despite intense local
   opposition. The villagers have taken several resolutions in their gram
   sabha not to divert their forest land for non-forest purposes in the years
   2008, 2010 and 2012. In the gram sabha resolution of October 18, 2012
   (Annexures 3 and 4) the Dhinkia panchayat gram sabha noted:

*The Gram Sabha endorse [sic] decision taken by the Palli Sabhas to not

give consent to the diversion of forest lands under its customary use and
boundary for the purpose of the POSCO steel plant project, or for any other
purpose, and directs the District Level Committee and the State government
to ensure strict compliance with the provisions of the Forest Rights Act,
the guideline issued by Ministry of Environment & Forests on 30.07.2009 and
the guidelines issued by the Ministry of Tribal Affairs on 12th July 2012
in this regard. Diversion of forest land without compliance to the Forest
Rights Act and the above mentioned guidelines is a violation of the Forest

Rights Act and a criminal offence.*

   -

   The POSCO area in Jagatsinghpur Odisha is the site of intense local
   resistance. The repression and violence that villagers in the area have
   been facing since the inception of the project are widely documented in the
   media, by state bodies and by independent NGOs (see Annexures 5 and 6 for
   brief overview of repression and links to key documents available at:
   http://www.forestrightsact.com/corporate-projects/item/12-the-posco-project).



   -

   The 1620.496 hectare POSCO-India Pvt. Ltd. multi-product SEZ was given
   its first in-principle approval on September 28, 2006 in the 5th SEZ
   Board of Approval (BoA) meeting. On December 15, 2009 in the 37th SEZ
   BoA meeting 11 SEZs whose 2nd in-principle approval term had lapsed,

   including POSCO SEZ, were given special *de novo* approvals to allow the

   developers to complete their land acquisition (Annexure 7)! At the time,
   the rules of extension of in-principle approvals did not allow for more
   than 2 extensions and the Board noted:

…*keeping in view the various difficulties expressed by the developers and

also keeping in view that under the existing SEZ Rules, there is no
provision for grant of third extension in respect of in-principle
approvals, though there is a proposal for amending the rules which may take
some time. After deliberations, the BoA decided to grant de novo approval…
and will process them at par with the first and the second in-principle

approval extension cases…*

   -

   *It is clear the in-principle approval extension rules were modified to

   aid SEZ developers like POSCO! When the BoA is itself acknowledging
   difficulties in land acquisition, which are primarily because locals have
   rejected the project, why is it continuously extending the approval for

   POSCO SEZ? *


   -

   *The Center is hiding behind false assurances by the state government of

   Odisha that no compulsory acquisition of land is being undertaken for POSCO

   SEZ!* There are daily media reports and documentation of the struggles

   of the locals and the POSCO Pratirodh Sangram Samiti against the forcible

   and coercive land acquisition being undertaken by the state government. *The

   MoEF/ MOTA committee constituted by the MoEF made explicit note of the
   copies of all palli sabha resolutions against the POSCO project in

   Gobindpur and Dhinkia undertaken by the panchayats.* It was on the basis

   of this report that the MoEF withdrew clearance to POSCO but then renewed
   it on the state government's false assurances!


   -

   In the October 2010 report of the MoEF committee investigating the
   implementation of FRA 2006 a majority of three committee members expressly
   took note of local opposition to the POSCO project and the violations and
   lapses in due process including suppression of facts; violations of the
   Forest Rights Act 2006; inadequate R&R provisions; violations in obtaining
   the environmental clearance; and compliance of CRZ regulations. The members
   recommended revoking the MoEF environmental clearance (see summary report,
   Annexure 8).


   -

   The National Green Tribunal has recently taken note of the series of
   lapses and violations in obtaining environmental clearance for the POSCO
   project and suspended the clearance of 2011. Based on the NGT judgment of
   31.3.2012 the K Roy Paul committee was constituted and its recommendations
   are being considered again by the MoEF. Consequently, and given the 2007
   clearances for the project have lapsed, the NGT has once again halted
   illegal land acquisition and tree-felling in the area (see latest order,
   Annexure 9).

   -

   *The Centre and the State are colluding to violate laws and guidelines

   and the decision-making powers of the Panchayats to favour POSCO. With
   clear and documented evidence of opposition, how can the SEZ BOA claim that
   the land acquisition for POSCO is not forced? What is the reason for giving

   POSCO 5th in-principle approval extension in seven years?*


   -

   *There is no justification for giving POSCO land and tax concessions

   against the people's will. Not only are the state and central governments
   violating laws, they are creating additional losses to the exchequer at

   huge cost to the local people! *

   -

   The recent arrests of PPSS activists by the state are clear indication
   of the coercion and violence that the state is resorting to have its way

   with the rightful lands and resources of the local people. *We demand:*


   -

   *Revoke the in-principle approval to POSCO SEZ and denotify it
   immediately!*


   -

   *Release all local villagers arrested for peacefully opposing POSCO SEZ
   immediately!*
   -

   *Withdraw all police force from the area and refrain from using force
   and intimidating people to push forceful land acquisition!*


   -

   *Conduct independent fact-finding and document the violence, repression

   and coercion that the villagers in the POSCO area have been facing since

   the inception of the project!*


   -

   *Provide clear compensation for the damages and losses of life and
   livelihood to the locals!*
   -

   *No further approvals should be granted to the project on environment

   and forest related grounds due to the gross undermining of regulatory

   processes!*

*Endorsed by:*

   1.

   Aruna Roy, Nikhil Dey, Shankar Singh, Bhanwar Meghwanshi, MKSS

   2.

   Medha Patkar, Narmada Bachao Andolan - National Alliance of People's
   Movements

   3.

   Prafulla Samantara, NAPM
   4.

   Prashant Bhushan, Supreme Court Advocate

   5.

   EAS Sarma, Former Union Power Secretary

   6.

   Sandeep Pandey, Lok Rajniti Manch

   7.

   Vidya Dinker, Citizens Forum for Mangalore Development

   8.

   Ulka Mahajan, Sarvahara Jan Andolan

   9.

   Mukta Srivastava, Anna Adhikar Abhiyan - NAPM

   10.

   Preeti Sampat
   11.

   Subhash Gatade, New Socialist Initiative

   12.

   Gabriele Dietrich, NAPM
   13.

   Arundhati Dhuru, NAPM
   14.

   Vimal bhai, NAPMKanchi Kohli
   15.

   Mahtab Alam
   16.

   Usha Seethalakshmi
   17.

   Simpreet Singh
   18.

   Sanjeev Kumar
   19.

   Mamata Dash
   20.

   Asit Das, POSCO Pratirodh Solidarity, Delhi

   21.

   Madhuresh Kumar, NAPM
   22.

   Seela Mahapatra, NAPM
   23.

   Madhumita Dutta, Researcher
   24.

   Sandeep Kumar Pattnaik, National Center for Advocacy Studies

 *Organizational Endorsements: *

   1.

    Citizens Forum for Mangalore Development

   2.

   Karavali Karnataka Janabhivriddhi Vedike
   3.

   Krishi Bhoomi Samrakshana Samithi
   4.

   Sarvahara Jan Andolan
   5.

   Mazdoor Kisan Shakti Sangathan
   6.

   National Alliance of People's Movements

   7.

   Sanhati


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===============================================
*National Alliance of People's Movements
*National Office : 6/6, Jangpura B, Mathura Road, New Delhi 110014

Phone : 011 26241167 / 24354737 Mobile : 09818905316
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