The Story so Far …

The following is a brief chronology of the Dhamra port project….

Pre – Mughal period :

Not many are aware of the rich maritime heritage of Orissa with historic trade links to the Mediterranean World on the west and Southeast Asian islands, Sri Lanka, Burma, China in the east. Orissa had a number of ancient ports during the reign of the Hindu dynasties in the pre-Mughal period namely the Mauryan dynasty, the Chola, the Khushana and the Gupta period, especially the Kalinga before the invasion of Ashoka. The annual festival of Bali Yatra bears testimony to the maritime legacy of Orissa, when the mariners of Orissa the ‘sadhabas’ would set sail to their trade destinations. Dhamra port is nothing but a part of that legacy.

Circa 1800: -

While many of the ancient ports were forgotten with the ravages of time, this port was vibrant even during the British Raj and was an important link for trade and commerce between Bengal, Orissa and the South East Asia and the first official notification defining the limits of the port dates back to 28.3.1881 published in the Calcutta Gazette. The port limits were subsequently extended on 09.06.1931 and again redefined on 1998.

Ports are infrastructural assets catering to the need of a nation and in this case a need for a deep water port was felt to cater to the needs of North Orissa, Jharkhand and West Bengal.

The Government of Orissa (GOO) explored the possibilities of a deep water port in Orissa and IIT, Chennai was requested to suggest possible deep water port sites. IIT, Chennai suggested Dhamra as the best possible location for the development of a deep water port.

The GOO then commissioned a feasibility study through RAIL India Technical & Economic Services (RITES) for a deep water port project.

A study report is submitted by RITES to the GOO for development of a deep water port at Dhamra, which has been functioning as a fishing jetty.

The GOO then started looking for interested developers who could undertake this port project and a concession agreement is signed on 2^nd April 1998 with International Seaports Private Ltd., a joint venture of L & T, SSA International
Inc., and Precious Shipping Public Company Ltd. The project is proposed to be implemented in a SPV viz Dhamra Port Company Pvt. Ltd. (DPCPL), and all rights and obligations of ISPL would be assigned to and assumed by DPCPL for the duration of the concession agreement (34 years).

ISPL engages Berger and Abam, an US Consultancy to prepare a Detailed Project Report (DPR) for the dhamra port project. Kirloskar Consultants are then entrusted with the EIA study. and the EIA study is completed by Oct 1997 when the EIA report is submitted to ISPL by Kirloskar Consultants.

2.04.98: The port area being under CRZ – I(ii) in accordance with CRZ notification dtd 19.2.1991 ^[2], GOO applies for environment clearance to the Ministry of Surface Transport for the Dhamra Port Expansion Project ^[1], the mandated authority as per powers delegated by the MOEF vide notification dated 9^th July 1997, wherein the Empowered Committee for Environmental Clearances (ECEC) for port projects was constituted by the MOST comprising of experts from both MOST and MOEF for this purpose.

The ECEC undertook two years of scrutiny as described below before the environment clearance was granted as described below –

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^[1] MOEF notification 9.6.97 : “Provided that for expansion or modernization of existing ports and harbours including fishing harbors, operational constructions for ports and barbours and construction of jetties, wharves, quays, slipways, Single Point Mooring and Single Buoy Mooring; and for reclamation for facilities essential for operational requirements of ports and harbors in areas within the existing port limits, except the areas classified as category CRZ – I (i), shall require environment clearance from the GOI in the MOST, which shall take decision on these activities on the basis of the EIA report.

^[2] As per clause 6(1) of the Coastal Area Classification and Development Regulations under the CRZ notification 1991, all area between low tide line and high tide line is classified as CRZ – I throughout India. However this does not prohibit the construction of ports in this area. As per clause 3(2)(ii) Constructions of ports and harbours are permitted in CRZ areas. Further it must be noted that all ports in this country can be constructed in some intertidal zone only (classified as CRZ – I)

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11.12.98: One of the first voices of dissent, Mr. Banka Bihari Das (Orissa Krishak Mahasangh) writes to MoEF against giving Environment Clearance to Dhamra port bringing up the issue of turtles among other contentions. Causing the GOI to seek clarifications from the GOO on these contentions.

18.12.08 : The ECEC in its seventh meeting calls for further clarifications including that of the location of the port.

30.12.98 : Govt of Orissa replies to the Government of India along with

Further addendum to EIA covering the final location

Report of Chief Wildlife Warden of Orissa [30.12.1998]confirming that the site of the proposed port is outside the boundary of Bhittarkanika Wildlife Sanctuary, further that the sanctuary is separated from the port site by the Dhamra river and further that no crocodile is seen on the coast close to the port. The report also confirms that the proposed port site is away from the Olive ridley nesting site at Gahirmatha by as much as 15 kms as the crow flies and 30 kms by water route. This report also confirms that there is no other endangered marine life in the close vicinity of the proposed port site and that there is no likelihood of the port affecting the nesting of the sea turtles.

Addendum on Updated Impact Assessment

Addendum on Updated Environment Management Plan.

14.01.99 : The Govt of Orissa clarifies to the GOI the CRZ status of the port site, which is CRZ-I(ii).

02.02.99 : GOO further clarifies to GOI on points raised by Shri Banka Bihari Das

Along with

copies of original notification of the Dhamra port dated 30.3.1881 and 9.6.1931

Communication from the Ministry of Defence conveying their no objection to the project

09.02.99 : GOI seeks further clarification from GOO.

27.09.99 : GoO furnishes clarifications along with

Communication from the Director, Environment on CRZ status

Copies of original notification of the Dhamra port dated 30.3.1881 and 9.6.1931

Communication from the Ministry of Defence conveying their no objection to the project

Further addenda to the EIA in respect of EIA of new navigation channel.

EIA with respect to Marine Living Resources

Plan on Greenbelt development

8.11.1999: Ultimately after due scrutiny and examination, in the 11^th meeting of the ECEC for port projects it was decided to grant environment clearance for the Dhamra port expansion project.

04.01.2000: MOST conveys the Environment Clearance of GOI to GOO.

31.03.2000: The Beach Protection Council, Orissa files appeal with the National Environment Appellate Authority (NEAA) with contentions raised regarding the competency of the MOST to grant environment clearance, on the CRZ status of the area and it being detrimental to olive ridleys. Contentions similar to that being voiced at present by Greenpeace India and others.

7^. 05. 2000: In a detailed order by the NEAA describing the due inquiry conducted, the NEAA dismisses the appeal filed by the Beach Protection Council concluding that the environment clearance granted was well within the powers delegated to the MOST and having found “no mangroves or forests or breeding grounds of turtles” and “With the area between the High Tide Line and the Low Tide Line to be covered by Dhamra Port Expansion Project being of clay soil and very sticky and could never become a breeding centre for turtles” The NEAA in its order also scrutinized the CRZ classification and the competency of ECEC (MOST) and conducted examination of witnesses and exhibits submitted to the NEAA.

Construction commences in the Dhamra port project, but eventually stops due to the lack of interest by foreign partners contributed by economic recession and other factors.

2004 :

Meanwhile from 2002 to 2004, the CEC (Central Empowered Committee) had been taking active interest and pro-active measures in turtle conservation in Orissa issuing interim directions on 19.12.02 and 7.03.03. During this phase it had also visited the nesting sites of Orissa numerous times to oversee the compliance of its interim directions by the State Govt. It was on one of these visits (in Feb 2004) accompanied by Mr. Bittu Sehgal and Mr. V.R. Chitrapu (both special invitees) that the CEC most possibly unaware of the order of NEAA on dhamra port made some observations regarding the port project. The CEC was also unaware of the port project location, the orientation of our navigational channel and these observations have to be interpreted in the light in which they were stated i.e. as ‘observations’.

TATA Steel evinces interest in the Dhamra port project which was in limbo all this while and the feasibility of reviving this port project is explored. Eventually due diligence is conducted and TATA Steel enters into a Joint Venture with Larsen & Toubro for implementing this project.

However in the face of dissenters and opposition to the port in conservation circles, TATA Steel holds several meetings and discussions with key conservationists in Bombay, and agrees to a proposal for a further study of the impact of the port on turtles.

01.09.04 : TATA Steel approaches WWF – India for “Monitoring the impact of the Dhamra port on Ecology of the marine and island eco-system”

29.10.04: The Shareholders and Subscription Agreement is signed by TATA Steel for the port project.

14.12.04: TATA Steel invites and arranges a meeting with all concerned NGOs to discuss their concerns regarding the port project attended by M/s Bittu Sehgal, Bivash Pandav, Kartik Shanker, Deepak Apte (BNHS), Ms. Aarti Sridhar, Ashish Fernandes,

The promotors were represented by M/s Indronil Sengupta, D. Chakraborty ( L & T), R.K. Jain (L & T), Ram Agarwal and S.M.R. Prasad.

There was a clear consensus that more biological studies especially on turtles is needed and should be carried out in the project site, including satellite tracking of turtles. And that re-location to the north would make the port unviable needing break water and a long navigational channel.

28.12.04: MD, TATA Steel meets with Mr. Bittu Sehgal and though perceptions of the port project differ, both agree that more studies need to be done on this subject.

15.01.05 : Aarthi Sridhar, Kartik Shanker (ATREE) and Bibhash Pandav (WII) submit statement of views on impact of port on the marine environment and terms of engagement for assessing environmental impacts of the proposed port project.

24.01.05 : Work order is issued to WWF – Orissa for study of spatial distribution of turtles namely “Monitoring the impact of the Dhamra port on Ecology of the marine and island eco-system”.

21.04.05: TATA Steel approaches BNHS and BNHS convenes a meeting of concerned NGOs attended by MD, TATA Steel and CEO, DPCL at the Hornbill House. The immediate need to conduct further studies was again expressed in this meeting by the promoters and the modalities of the study were discussed. It was agreed that BNHS would carry out the study and complete the same by March 2006 and also that the construction of the port will proceed and if the study reveals that the port will have adverse effects on the turtles, the construction will be stopped.

09.05.05 : WWF – India does a volte-face and expresses its inability to carry out the study without giving any specific reason for doing so.

21.06.05 : BNHS submits the final terms of reference and the financial requirement to undertake the EIA.

01.11.05: TATA Steel (DPCL) agrees not to start sea-side construction activities till the end of March 2006 (until completion of study) as suggested and insisted on by BNHS.

25.11.05: BNHS returns the money accepted by them for conducting the study on grounds that land acquisition has already begun, a long drawn out process conducted by the State Govt, the eventual owners of the port.

During this time the GOO also replies to the CEC inviting latter’s attention to exercise completed in respect of environmental clearance, visit of NEAA and actual location of port stating that it is not necessary to shift the location of the port.

23.02.05: MD, TATA Steel requests Mr. Bittu Sehgal to help in resolving the log jam regarding the study to be conducted pointing out the delays in starting the studies by BNHS and the assurance of TATA Steel of not starting construction till March 2006 the scheduled completion of the BNHS study.

08.03.06 : Chairman, TATA Sons replies to ED, Greenpeace India mentioning that commitments have to be honored on both ends, pointing out that while construction was withheld for the proposed study which was supposed to have started in November 2005 and completed in March 2006, the study never saw the light of the day.

July 2006: Aban Marker Kabraji, IUCN Regional Director for Asia meets Mr. Ratan Tata, Chairman of the TATA Sons in Mumbai to discuss various aspects of environment and corporate social responsibility for TATA’s operations, This also includes the conservation of turtles in view of the impending development of Dhamra Port in Orissa State, on the east coast of India. The ensuing communication exchanges between IUCN and TATA Steel & DPCL leads to an agreement between DPCL and IUCN for the latter to undertake a mission for scoping out the issues.

31.05.07: Greenpeace organizes a press conference in Mumbai and release a critique of the Dhamra port EIA and also a study of North Orissa University.

01.07.07: NOU in a press conference in Bhubaneswar alleges that Greenpeace has tampered with the original report of the university. And that no such report as claimed by Greenpeace India was prepared by North Orissa University.

05.07.07: Greenpeace hold a press conference to clarify their stand but fail to convince the press and face demonstration from the people of the Bhadrak District.

4.10.07: DPCL associates itself with the World Conservation Union (IUCN) in a formal association with IUCN. This is the first such association in India and an Indian context. IUCN with its unique membership drawn from states and civil society, its convening mandate and role in addressing difficult often controversial conservation and development issues, its scientific knowledge base, its ability to link policy and action and its unparallel access to high quality conservation expertise resident in its 10,000 members strong six scientific commissions, as well as in its global network of secretariat staff, members and partners starts guiding and advising DPCL to form a sound environment management practice in an active advisory capacity. Currently IUCN experts, who have been working with ports and turtles, are in a continuous process of experience of working with the effects of ports and port operations on sea life and especially turtles are in the process of bringing about one of the best port environment governance in India.

Since then …

Dhamra Port Company Ltd. with the active guidance and assistance of IUCN which brings with itself the scientific expertise of over 10,000 scientists under its various species survival commissions has been working towards implementing the best port environment practices in Indian shores. The two major concerns identified by IUCN experts have been dredging and lighting.

IUCN’s dredging and lighting experts have carried out a thorough review of the dredging operations as well as the construction lights being used and have suggested a series of recommendations based on similar practices being followed in the numerous riverine ports of US, which have careful protocols to be followed in dredging projects and are implemented and enforced by the National Oceanic and Atmospheric Administration and the US Army Corps of Engineers.

IUCN reports and recommendations can be seen in the following link at the IUCN website

http://cms.iucn.org/about/union/secretariat/offices/asia/asia_where_work/india_programme_office/dhamra_port/index.cfm

And www.dhamraport.com under the environment section..

Regardless of this Greenpeace India has been univocal in its criticism of the port project and has been insisting on relocating the port. Greenpeace India has a full fledged campaign addressing a prominent business house which is one of the promoters of the project. This campaign relies on a 30 day study off-season which itself is mired in controversy because of there being two study reports of the North Orissa University which had conducted this study. The campaign also relies on our original EIA submission and not the additional study reports which were submitted to the Empowered Committee for Environment Clearances of the MOST during the course of scrutiny of our environment clearance application.

DPCL and IUCN have been working together since the past one year on evolving the environment practices of the dhamra port towards better environment management. DPCL is committed on turtle conservation and bringing about conservation results aiming towards reducing the annual turtle mortality in Orissa coasts. This is the first such instance in Indian shores where a port company is indeed working towards wildlife conservation.