Replies to Observations Raised During 73 Eac

REPLIES TO OBSERVATIONS RAISED DURING 73RD EAC MEETING ON 26.03.2014 FOR DIBANG MULTIPURPOSE PROJECT

S. Observations Replies No. 1 The cost of private land in R&R plan to The Revised R&R Plan as per the be revised in line with "The Right to norms of The Right to Fair Fair Compensation and Transparency Compensation and Transparency in in Land Acquisition, Rehabilitation & Land Acquisition, Rehabilitation & Resettlement Act, 2013". Resettlement Act, 2013 has been prepared and is enclosed as Annexure-I. 2 Impact of peaking operation of Dibang The impact of peaking operation of Project on Dibru-Saikhova National Dibang Project on Dibru-Saikhowa Park to be assessed. National Park has been assessed and is enclosed as Annexure-II. 3 A representation has been received by The reply to representations from MoEF from an NGO Kalpavriksh. A Kalpavriksh dated 25.03.2014 and copy of the same was handed over to 26.03.2014 is enclosed as NHPC and was asked to give a point- Annexure-III and Annexure-IV, wise reply to the same. respectively. In the 1.2 km diverted stretch, a As suggested by MoEF, NHPC is quantum of 15 cumecs water towards agreed to release 15 cumecs of maintaining E-flow may be released. water from dam as e-flow for the 1.2 km stretch between dam and TRT outlet.

1 ANNEXURE-I

RESETTLEMENT AND REHABILITATION PLAN

1. GUIDELINES FOR RESETTLEMENT PROGRAMME IN ARUNACHAL PRADESH As per the Memorandum of Agreement between NHPC and Govt. of Arunachal Pradesh, Resettlement and Rehabilitation (R & R) of project affected families is to be implemented on the basis of National Policy on Resettlement and Rehabilitation(NPRR) 2003. Government of India has subsequently revised this policy on 31st October 2007 and came up with National Rehabilitation and Resettlement Policy (NRRP) 2007. This policy does not cover some of the provisions which are prevailing in Arunachal Pradesh viz., Rights and Privileges for community land / Unclassed State Forest. Arunachal Pradesh being a mountainous State, heavily forested and drained by numerous rivers and streams, availability of cultivable land is less. So, suitable agricultural land is a scarce resource. This coupled with the fact that the economy of the State is largely dependent on agriculture and forests; diversion of any piece of cultivable land for a project is bound to have more adverse effect upon tribal community of Arunachal Pradesh than that envisaged earlier in NRRP-2007. Keeping this in view, Government of Arunachal Pradesh came with its own Policy i.e. State Rehabilitation and Resettlement Policy 2008, which caters to loss of rights over Unclassed State Forests and other privileges of the tribal community along with other provisions more or less similar to NRRP, 2007.

Recently, Ministry of Rural Development (MoRD) came up with “The Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” (RTFCT in LARR Act, 2013) which has become effective from January 1, 2014. The Act has provisions to provide fair compensation and resettlement and rehabilitation benefits to those whose land is acquired for construction of projects. Although this Act is comprehensive, covering various aspects of land acquisition, compensation and resettlement benefits, it has not addressed the acquisition issues of community land and its impact on tribal or other dependent communities. This new Act has replaced over a century old legislation i.e. Land (Acquisition) Act, 1894, and

2 a unified Policy has been proposed for land acquisition and adequate Rehabilitation mechanism for the affected persons.

Initially the R & R Plan for Dibang Multipurpose Project was prepared in line with the State Rehabilitation and Resettlement Policy 2008 of Arunachal Pradesh. Now it has been revised in line with RTFCT in LARR Act, 2013 with increase in transportation grant, cattle-shed, compensation for land, etc. Special thrust has been given for imparting training for self-sustenance. However, the provisions of previous R&R plan, which was presented during public hearings / public consultation, have been kept intact. Moreover, as far as community land and loss of rights over Unclassed State Forest is concerned, the provisions of State R&R Policy 2008 of Arunachal Pradesh have been adopted.

The entire responsibility for implementation, as per the Act, has been given to the concerned State Administration. MoRD has published the Draft Rules of this Act, which is yet to be notified. Based on these Rules, each State has to prepare its own Guidelines for implementation of this Act. The Act includes appointment of an Administrator(R&R), not below the rank of Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue Department for determining compensation and & R Package, and all other works related to Resettlement and Rehabilitation of the project affected families. The formulation, execution and monitoring of the R&R scheme shall lie with the Administrator (R&R). The monitoring committee shall also be constituted. The cost of R&R Plan and compensation shall be borne by the project proponent.

2. OBJECTIVES OF R & R PLAN The Rehabilitation component primarily means to assist the affected population so that every individual could regain or improve lifestyle and socio-economic condition. This is done primarily by imparting skills and/or vocational training to the PAPs. Resettlement on the other hand, primarily involves the physical relocation of the affected population to new residential sites. The Rehabilitation package is conceptualized around a development strategy to bring about a positive socio- economic transformation of the PAFs, so as to improve the quality of their life and

3 also to facilitate harmonious relationship between the project proponent and project affected people.

The successful implementation and running of a mega project would depend on addressing the grievances of the local people which might emerge out of the setting up of the project and involving the local people into the project in different capacities in the spirit of participatory development. All affected landowners will be entitled to a combination of compensation packages and resettlement assistance, depending upon the nature of ownership of their land and the scope of impacts, including socio- economic vulnerability of the affected persons and measures to support livelihood restoration if livelihood impacts are envisaged.

The objectives of the Resettlement and Rehabilitation Plan envisaged for Dibang Multipurpose Project are to:  provide assistance and other support to the PAFs so that they regain their previous standard of living; even improve if possible, within a reasonable transition period.  pay compensation for the loss of land, houses and all other immovable properties to the PAFs as per the RTFCT in LARR Act,2013 and State Rehabilitation and Resettlement Policy, 2008 of Arunachal Pradesh.  improve the overall quality of life of affected population through better infrastructure medical and educational facilities, etc.  provide adequate compensation to the project affected tribal community for extension of tradition right and privilege of USF land use and collection of forest produce.

3. RESETTLEMENT AND REHABILITATION BENEFITS 3.1 Compensation for land along with rights and privileges: The process of land acquisition will be dealt by NHPC along with PAFs and Government of Arunachal Pradesh. Land for various components involves Unclassed State Forest (USF), community land without forest cover and land under wet rice cultivation (WRC). PAFs shall be compensated as per the norms of State Government for the community land. The community shall be compensated @ ₹ 1.56 lakhs/ ha for loss

4 of customary rights and privileges of tribal people to collect and use forest produce (traditional land use) from USF. In addition to this, the community will be paid a sum equivalent to 25 % of Net Present Value (i.e. 25% of ₹ 39581.21 lakh) of the USF. Compensation for crops will be paid @ ₹ 1.25 lakhs/ha for land under jhum cultivation and ₹ 1.5 lakhs/ha for land under WRC. Detailed financial outlay is provided in Table 1.

5 Table 1: Detailed financial outlay for land compensation along with rights & privileges Rate Solatium Factor Quantity per Amount @100% of of Total 25% of Cost of Total (₹ Land of land ha (₹ in (land value multipl- Amount NPV crops in lakhs) (in ha) (₹ in lakhs) + cost of ication lakh) crops) USF 4577.84 1.56 7141.43 -- 7141.43 9895.30 -- 17036.73 Undeveloped cultivable slope 693.21 Community land not (@ 554.57 4.00 2218.28 2 4436.56 -- 5129.77 10259.54 land approachable ₹ 1.25 without by motorable lakhs/ha) forest road cover Uncultivable 146.73 2.50 366.83 2 733.65 -- -- 733.65 1467.30 land Total 701.30 2585.11 5170.21 -- 693.21 5863.42 11726.84 105 (@ Land under WRC 70.00 4.00 280.00 2 560.00 -- ₹ 1.50 665.00 1330.00 lakhs/ha) Total 5349.14 -- 10006.54 12871.64 9895.30 798.21 6528.42 30093.57 Note: 1. The property value above is calculated based on land compensation only as per The Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2. Compensation for land, properties, trees/crops standing on the acquired agricultural land would be payable to the entitled land owner families as per the valuation by the State Government / DC / Administrator (R&R).

6 3.2 Housing benefit and compensation Each family who is fully affected and losing house shall be allotted free of cost house and a plot for the house site to the extent of actual loss of area of the acquired house but not more than 250 sq m (0.025 ha) of land. The size and design of house will be decided by the State Authority in consultation with the project affected community and project authority. 115 families, getting affected in 5 fully affected villages, are eligible for this benefit.

Provided that any such affected family which opts not to take the house offered at the resettlement site, shall get one-time financial assistance for house construction and the amount shall be ₹ 2 lakh and his claim for free of cost plot at the resettlement site shall stand forfeited.

3.3 Land allotment and compensation Each affected family owning agriculture land in the affected area and whose entire land has been acquired or lost shall be allotted agricultural land or cultivable waste land to the extent of actual land lost in the name of the adult member of the subject to a maximum of 1 ha of irrigated land or 2 ha of cultivable un-irrigated land subject to the availability of government land in or near the resettlement area. The affected family will be compensated for the remaining cultivable land monetarily @ ₹ 4 lakhs/ha 115 families are eligible for this benefit.

3.4 Ex Gratia for the landless Each affected family who is rendered landless shall be provided an ex gratia grant of ₹ 50,000. This benefit shall be extended to 115 fully affected families.

3.5 Ex gratia for those affected families who are left with less than 1 ha of land Each of the affected families who are left with less than 1 ha of land after acquisition shall be provided an ex gratia grant ₹ 40,000.

7 3.6 Land Development Assistance In case of allotment of wasteland or degraded land in lieu of acquired land, the senior most adult member in the affected household shall get one time financial assistance ₹ 25000/ha for land development. This benefit shall be extended to 115 fully affected families.

3.7 Livelihood grant for landless An amount equivalent to 1000 days Minimum Agricultural Wages (MAW) @ ₹ 100/day or the prevailing agricultural labour wage whichever is higher shall be paid to each of the affected families who have been rendered landless after land acquisition. This benefit shall be extended to 115 fully affected families.

Each PAF would be given the option for taking up to 20% of his livelihood grant amount in the form of shares and debentures.

3.8 Livelihood grant for those who have been left with less than 1 ha of land An amount equivalent to 750 days Minimum Agricultural Wages (MAW) @ ₹ 100/day or the prevailing agricultural labour wage whichever is higher shall be paid to each of the affected families who are left with less than 1 ha land after land acquisition. Each PAF would be given the option for taking up to 20% of his livelihood grant amount in the form of shares & debentures.

3.9 Financial Assistance for self-employed Each affected person who is a rural artisan, a small trader or self-employed person and who has been displaced shall get a one-time financial assistance of such amount as the State Authority may decide but not less than ₹25000 for construction of working shed or shop.

3.10 Transportation grant Each affected family that is displaced shall get financial assistance of such amount as the State Authority may decide but not less than ₹ 20,000 for transportation of their

8 household goods, cattle, etc. to the resettlement site. This benefit shall be extended to 115 fully affected families.

3.11 Assistance for construction of cattle shed Each affected family that is displaced and has cattle shall get financial assistance of such amount as the State Authority may decide but not less than ₹ 15000 for construction of cattle shed. This benefit shall be extended to 115 fully affected families.

3.12 Subsistence allowance Each affected family that is displaced will be given monthly allowance equivalent to 25 days MAW for a period of 1 year from the date of displacement. This benefit shall be extended to 115 fully affected families.

3.13 Pension for life for vulnerable affected persons The project authorities shall, at their cost, arrange for annuity policies that will pay a pension of ₹ 500/- per month for life to the vulnerable affected persons as indicated at paragraph 7.1.6 (iv) of State R&R Policy 2008 of Arunachal Pradesh This provision will be applicable for those who will be identified by the District Administration during final survey.

3.14 Scheduled tribe family grant Each Scheduled Tribe affected family shall get an additional one-time financial assistance equivalent to 500 days MAW for loss of customary rights or usages of forest produce or ₹ 50,000/- whichever is higher. This will be applicable for 859 affected families.

3.15 Training for Livelihood Suitable training would be provided for skill development so as to make provisions for employment at a rate not lower than the minimum wages, to at least one member from the project affected family.

9 3.16 Free electricity The project developers will provide to each of the project affected family the benefit of 100 units of electricity per month free of charge for a period of 10 years from the date of commissioning of the project. In case the affected family does not consume 100 units of electricity in a month, the cost of balance unused units shall be made available to the family in cash.

3.17 Special provisions . There shall be an option of acquiring entire agriculture land, if 75% of land holdings are required for acquisition. . The land or house allotted to the affected families shall be free from all encumbrances. . The tribal families residing in the project areas having fishing rights in the river shall be given fishing rights in the reservoir area. . The PAFs resettled out of the district / Arunachal Pradesh will get 25% higher R&R benefits in monetary terms.

4. Financial Outlay for R & R Benefits The budgetary provision of R & R benefits is presented in Table 2.

Table 2: R & R Benefits with budget S Amount Benefits Criteria No. (₹ in lakhs) 1. Homestead land Max. 0.025 ha @ ₹ 4 11.50 lakh/ha for 115 PAFs 2. House construction grant ₹ 2 lakh/PAF for 115 PAFs 230.00

3. Stamp duty and @ 8% 19.32 registration for homestead land and house 4. Compensation for land ₹ 4 lakh/ha for 2 ha for 920.00 115 PAFs 5. Ex-gratia payment for ₹ 50,000/PAF for 57.50 landless 115PAFs

10 S Amount Benefits Criteria No. (₹ in lakhs) 6. Ex gratia payment for ₹ 40000/PAF for 744 297.60 those who are left with less PAFs* than 1 ha of land 7. Land development ₹ 25,000/PAF for 115 28.75 assistance PAFs 8. Livelihood grant for 1000 days MAW @ ₹ 230.00 landless 200/day for 115 PAFs 9. Livelihood grant for those 750 days MAW @ ₹ 1116.00 who are left with less than 200/day for 744 PAFs* 1 ha of land 10. Financial assistance for Lumpsum 20.00 self-employed persons 11. Transportation grant ₹ 50000/PAF for 115 57.50 PAFs 12. Assistance for construction ₹ 25000/PAF for 115 28.75 of cattleshed PAFs 13. Subsistence allowance ₹ 3000/month 12 months 41.40 for 115 PAFs 14. Scheduled Tribe Family ₹ 50,000/PAF for 859 429.50 Grant PAFs 15. Provision of annuity Lumpsum 30.00 policies for pension for life to vulnerable affected persons @ ₹ 500/ month 16. Training for livelihood @ ₹ 5 lakh/PAF for 115 575.00 PAFs 17. Free electricity @ 100 units Lumpsum 50.00 per PAF per month Total 4142.82 *Exact number of PAFs left with less than 1 ha of land would be identified by District Administration.

5. INFRASTRUCTURE FACILITY AT RESETTLEMENT SITE / COLONY Project Affected Families will be resettled to a new location. New Resettlement sites shall be finalized by the Administrator (R&R) in consultation with PAFs and it will be developed with all the basic infrastructural facilities well before the filling of reservoir.

11 Fully affected families shall be resettled in a group to maintain their socio-cultural compatibility. The basic amenities to be provided in the resettlement colonies are given as below:  Access roads, passages and easement rights, proper drainage and sanitation facilities;  Assured water supply capable of yielding enough water to meet the demand of at least sixty litre per capita per day (lpcd);  Building for Panchayat Ghar and Community Hall;  Building for a Village level Post Office;  Building for setting up an appropriate seed-cum-fertilizer store as per requirement;  Primary health facilities;  Primary education facilities;  Promotion of institutional arrangements for availing of financial assistance under the Central/State Government’s schemes/Bank schemes;  Electricity connections, if possible. The payment to the concerned electricity supply agency in respect of electricity to be consumed shall be the responsibility of the PAFs;  Place of worship;  Public cremation ground/burial ground;  Separate land earmarked for traditional tribal institutions;  Suitable public transport facility  Anganwadi with child and mother supplemental nutritional services.  Any other additional facility extended by NHPC as and when considered necessary;  Produces and common property resources, if available in the vicinity of the new place of settlement.  Veterinary service centre.

12 5.1 Financial Outlay for Infrastructural Facilities The budgetary provision earmarked for providing various infrastructural facilities are presented in the Table 3.

Table 3: Financial Outlay for providing infrastructural facilities S. Total Cost Parameter Criteria No. (₹ in lakh) 1. Water supply Lumpsum 60.00 2. Community toilets Lumpsum 30.00 3. Development of sewage treatment Lumpsum 60.00 system including drainage system 4. Electrification and Street lights Lumpsum 100.00 6. Construction of shopping complex Lumpsum 30.00 7. Construction of community centre Lumpsum 100.00 8. Construction of vocational activity centre Lumpsum 60.00 9. Children's park Lumpsum 40.00 10. Avenue plantation & block plantation Lumpsum 20.00 11. Internal roads in the resettlement colony Lumpsum 250.00 12. Link roads to the resettlement colony Lumpsum 4000.00 13. Irrigation facilities to PAFs Lumpsum 175.00 14. Construction of Hospital Building Lumpsum 150.00 15. School Complex including play ground Lumpsum 150.00 16. Place of worship Lumpsum 20.00 17. Anganwadi Lumpsum 30.00 18. Public Transportation facility Lumpsum 30.00 19. Separate land for traditional tribal Lumpsum 5.00 institution 20. Veterinary service centre Lumpsum 50.00 22. Miscellaneous Lumpsum 100.00 Total 5460.00

Note: Initially the facilities proposed to be provided in Resettlement Colony were prepared in line with the State Rehabilitation and Resettlement Policy 2008 of Arunachal Pradesh. However, it has now been revised on the basis of RTFCT in LARR Act, 2013. Further, the provision of land for Resettlement Colony has been kept under B-Land in DPR.

13 The above-mentioned facilities will also be available to the host population and the neighbouring community in the Resettlement colonies/sites. The responsibility of project authority shall be limited to incurring one-time capital cost for creation of these facilities. Efforts will be made to involve PAPs in creation of these infrastructure facilities by giving contracts to their co-operative societies or otherwise for construction works to the extent possible. This will also help in developing a sense of ownership among the PAPs regarding these facilities.

6. LUMPSUM CASH ASSISTANCE All the affected families shall be given an option to take a lump sum cash amount in lieu of one or more the benefits specified in the R&R package, depending upon their entitlement.

7. MONITORING AND EVALUATION In compliance to the condition, stipulated in the Environmental Clearance letter, six monthly progress report of implementation of various EMPs including R & R plan will be sent to MoEF through Corporate R & R Cell / Environment Group of NHPC Ltd.

The State Government shall constitute a Committee under the Chairmanship of the Deputy Commissioner to be called the Rehabilitation and Resettlement Committee, to monitor and review the progress of implementation of the Rehabilitation and Resettlement scheme and to carry out post-implementation social audits in consultation with the Gram Sabha. The Rehabilitation and Resettlement Committee shall also include the following members: (a) a representative of women residing in the affected area; (b) a representative of the Scheduled Tribes residing in the affected area: (c) a representative of a voluntary organisation working in the area; (d) a representative of a Nationalized Bank; (e) the Land Acquisition Officer of the project; (f) the Chairpersons of the panchayats i.e. GaonBurhas located in the affected area or their nominees;

14 g) the Chairperson of the District Planning Committee or his nominee, (h) the Member of Parliament and Member of the Legislative Assembly of the concerned area or their nominees; (i) a representative of NHPC; and (j) Administrator for Rehabilitation and Resettlement as the Member-Convener.

The financial budget for the day to day expenditure of the committee would be ₹ 50.00 lakhs only.

8. COST ESTIMATE FOR R&R PLAN Total financial package for R & R Plan would be ₹ 9652.82 lakh. It includes R & R benefits amounting to ₹ 4142.82 lakh, ₹ 5460.00 lakh for providing infrastructural facilities in the resettlement colony and ₹ 50 lakhs for monitoring and evaluation. In addition, ₹ 30093.57 lakh will be paid towards the compensation of land, and rights and privileges against loss of unclassified forests and community land. The total cost earmarked for implementation of R&R Plan shall be ₹ 39746.39 lakh. The details are given in Table 4. Table 4: Summary of Budget for Resettlement & Rehabilitation Plan

S. Total Cost Parameters No. (₹ in lakh)

I. R & R Plan (i) R&R Benefits 4142.82 (ii) Infrastructural facilities in the resettlement 5460.00 colony (iii) Monitoring &Evaluation 50.00 Total 9652.82 II. Compensation of land and rights and privileges 30093.57 (including 25% of NPV) Total 39746.39 Say ₹ 397.5 crore

15 ANNEXURE-II IMPACT OF PEAKING OPERATION OF DIBANG PROJECT ON DIBRU-SAIKHOWA NATIONAL PARK

1. INTRODUCTION

The Dibru-Saikhowa National Park is situated on the Left Bank of the river Brahmaputra in the extreme east of Assam and falls between the following geographical coordinates: Latitudes: 27° 30’ – 27° 45’N, Longitudes: 95°10’ – 95° 45’E. Brahmaputra River is mainly formed by confluence of three rivers namely Siang River, Dibang River and Lohit River.

Dibru-Saikhowa National Park, which is located about 75 km downstream of Dibang dam site, is actually a riverine island. As desired by EAC in its minutes, a study has been made to understand the effect of peaking power generation by Dibang Multipurpose Project on water level fluctuation on Dibru-Saikhowa National Park. The location of Dibru-Saikhowa National Park w.r.t. Dibang Multipurpose Project is shown in Figure 1.

The month-wise proposed release of water after TRT considering 15 cumecs of environmental flow from dam in 90% dependable year is presented in Table 1. From Table 1 it is clear that during monsoon season due to availability of high discharge in the rivers, Dibang Multipurpose project shall operate through most part of the day to produce the power and thus there will not be much flow variation downstream of the project due to regulation for power generation. However, during the lean season months, i.e. from November to February, when the river discharges reduce considerably, the project may operate at peaking capacity for 3-3.5 hours two times in a day. This essentially means that in the worst possible scenario, the project will release 15 cumecs as environmental flows from dam in stretch between dam and TRT outlet which shall be further supplemented by release of water by the operation of at least one turbine out of 12 turbines at 80% load continuously throughout the year.

16 Dibru-Saikhowa National Park

Figure 1: Map showing location of Dibru-Saikhowa National Park w.r.t. Dibang Multipurpose Project

17 2. INPUT DATA USED

 One unit running at 80% load for 24 hrs.  Releases from power plant considering 6.5 hours peaking distributed in morning and evening and discharge varying from 111 cumec to 1441 cumec including 15 cumec environmental release from dam. The detail of proposed release of water after TRT considering 15 cumecs of environmental flow from dam in 90% dependable year is presented in Table 1.  Cross-sections from TRT outlet upto confluence with Lohit at an interval of 1 km.  Model used – HEC RAS 4.1.0

Table 1: Proposed release of water after TRT considering 15 cumecs of environmental flow from dam in 90% dependable year Discharge at Minimum discharge Non- TRT outlet Peaking Average at TRT outlet during peaking Month during peak hours Discharge non-peak hours hours hours (hr) (cumecs) (cumecs) (hr) (cumecs) June I 124.16 1.96 1353.63 22.04 1253 II 123.62 1.94 1356.94 22.06 1257 III 123.62 1.94 1356.94 22.06 1257 July I 122.79 15.47 1362.09 8.53 563 II 122.79 15.47 1362.09 8.53 563 III 122.79 15.47 1362.09 8.53 563 August I 123.28 6.38 1359.05 17.62 1030 II 122.74 16.31 1362.43 7.69 520 III 114.43 10.16 1417.63 13.84 866 September I 111.71 17.46 1437.19 6.54 473 II 111.89 17.44 1435.84 6.56 474 III 112.09 17.42 1434.40 6.58 474 October I 112.30 17.40 1432.88 6.60 475 II 109.05 17.59 1425.72 6.41 461 III 106.01 14.08 1380.18 9.92 633 November I 104.48 17.59 1357.14 6.41 439 II 104.49 17.59 1357.31 6.41 439 III 104.50 17.59 1357.50 6.41 439 December I 104.51 17.59 1357.69 6.41 439 II 106.01 17.59 1380.16 6.41 446 III 107.64 17.59 1404.56 6.41 454 January I 109.59 17.59 1433.87 6.41 463 II 111.09 17.53 1441.80 6.47 470

18 Discharge at Minimum discharge Non- TRT outlet Peaking Average at TRT outlet during peaking Month during peak hours Discharge non-peak hours hours hours (hr) (cumecs) (cumecs) (hr) (cumecs) III 112.72 17.36 1429.85 6.64 477 February I 114.68 17.16 1415.84 6.84 486 II 116.26 17.00 1404.88 7.00 492 III 118.16 16.80 1392.00 7.20 500 March I 120.42 16.56 1377.19 7.44 510 II 121.23 16.47 1371.94 7.53 513 III 122.15 16.38 1366.15 7.62 517 April I 123.27 16.26 1359.11 7.74 522 II 118.20 16.79 1391.74 7.21 501 III 114.52 17.18 1416.95 6.82 485 May I 111.53 7.40 1438.49 16.60 1029 II 114.72 1.71 1415.58 22.29 1323 III 123.42 11.11 1358.19 12.89 787

3. RESULTS

As per the study, the fluctuation in the water level at upstream of Dibang-Lohit confluence due to peaking operation will be about 17 cm which is almost negligible considering the size of the river. From this point, Dibru-Saikhowa National Park is located about 15 km further downstream. Therefore, the fluctuation in the water level at Dibru-Saikhowa National Park would be much less than 17 cm. Therefore it can be concluded that the peaking operation of Dibang Project would not have any likely impact on Dibru-Saikhowa National Park. The fluctuation in water level at different reaches d/s of TRT along the river are given below in Table 2.

Table 2: Fluctuation in W.L. due to 6.5 hrs peaking distributed in morning and evening period.

WATER LEVEL (m) - With X-sections upto 63 km d/s u/s of TRT outlet 10 km d/s 20 km d/s 30 km d/s 40 km d/s 50 km d/s Lohit confluence Min 285.04 257.14 211.46 176.07 143.41 127.24 118.66 Max 287.98 260.39 213.05 177.89 145.1 127.89 118.83 Diff. 2.94 3.25 1.59 1.82 1.69 0.65 0.17

19 The plots of cross-sections and W.L. fluctuation are given as per the following figures.

(i) Effect of peaking on W.L. variation at different locations presented as Figure II. (ii) Fluctuation in W.L. at u/s of Lohit confluence (Pre and Post project scenario) presented as Figure III. (iii) River cross-sections at every 10 km interval showing the maximum and minimum water level are presented as Figure IV to Figure X.

4. CONCLUSION

Based on the above study, it can be concluded that there will be a marginal fluctuation in W.L. of the order of 0.17 m upstream of Dibang-Lohit confluence which will likely to reduce at the Dibru-Saikowa National Park, which located about 15 km further downstream of this confluence.

20 290 280 270 260 TRT outlet 250 240 10 km d/s

230 220 20 km d/s 210 200 30 km d/s 190 180

Water Level (m) 40 km d/s 170 160 50 km d/s 150 140 u/s of confluence 130 with Lohit 120 110 24 30 36 42 48 54 60 66 72 78 84 90 96 102 108 Time (hours) Figure II: Effect of peaking on W.L. variation

119.50 119.40 119.30 119.20 119.10 119.00 Post 118.90 Project 118.80 Scenario 118.70 Pre 118.60 Project 118.50 Scenario 118.40 118.30 Water Level (m) Level Water 118.20 118.10 118.00 24 30 36 42 48 54 60 66 72 78 Time (hours)

Figure III: Fluctuation in W.L. at u/s of Lohit confluence (Pre & Post project scenario)

21 Fig. IV - Cross-section at TRT outlet 350

Max WL = 287.98m 340 Min WL = 285.04m

330

320

310 RL (m) RL

300

290

280 0 50 100 150 200 250 300 350 400 450 500 550 RD (m)

Fig. V - Cross-section at 10 km d/s of TRT 320

Max WL = 260.39m 310 Min WL = 257.14m

300

290

280 RL (m) RL

270

260

250 0 50 100 150 200 250 300 350 400 450 500 RD (m)

22 Fig. VI- Cross-section at 20 km d/s of TRT 250

245 Max WL = 213.05m Min WL = 211.46m 240

235

230

225

220 (m) RL

215

210

205

200 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 11000 RD (m)

Fig. VII - Cross-section at 30 km d/s of TRT 210

205 Max WL = 177.89m 200 Min WL = 176.07m

195

190 RL (m) RL 185

180

175

170 2000 3000 4000 5000 6000 7000 8000 9000 10000 11000 12000 13000 14000 15000 16000 17000 RD (m)

23 Fig. VIII - Cross-section at 40 km d/s of TRT 160

158 Max WL = 145.1m 156 Min WL = 143.41m

154

152

150

148 (m) RL

146

144

142

140 15000 16000 17000 18000 19000 20000 21000 22000 RD (m)

Fig. IX - Cross-section at 50 km d/s of TRT

145

143 Max WL = 127.89m 141 Min WL = 127.24m

139

137

135

133 (m) RL

131

129

127

125 9000 11000 13000 15000 17000 19000 21000 23000 25000 27000 29000 31000 RD (m)

Fig. X - Cross-section at u/s of Dibang - Lohit confluence

129 Max WL = 118.83m Min WL = 118.66m 127

125

123 RL (m) RL

121

119

117 16000 18000 20000 22000 24000 26000 28000 30000 32000 34000 36000 RD (m)

25 ANNEXURE-III Point-wise reply to the representation submitted by Shri Neeraj Vagholikar, Kalpavriksh on 25.03.2014

S. No. Issue Reply 1 Fresh Scoping clearance required for Dibang Multipurpose Project

The proponents have proposed The environmental clearance changes in the Scope of project. proposal was discussed by EAC in Reduction in height of dam resulting its meeting held in September 2013, in reduction of submergence area. wherein EAC suggested NHPC that This change will quantitatively attempts may be made to avoid reduce not just the installed submergence of huge area of rich capacity, but also the flood forest land. Further, FC Section of moderation component in MoEF vide letter dated 25.11.2013, downstream portions of Arunachal addressed to the Principal Secretary Pradesh and Assam for this multi- (Forests), Govt. of Arunachal purpose project. Without Pradesh, suggested that NHPC may commenting on the merits of the explore the possibility to reduce the revised proposal, it is evident that requirement of forest land for the there is change in scope of this project and submit a revised forest multi-purpose project. This change proposal to MoEF for further will also affect relevant consideration. environmental concerns and material impacts of the project in In view of above, NHPC has upstream and downstream areas in proposed a reduction of 10 m in various ways. The project therefore dam height and thereby reducing requires fresh Scoping clearance for the forest land requirement for the revised parameters. After fresh project by 445 ha without Scoping clearance is granted and compromising flood moderation Public Consultation held on the new quantum as originally envisaged. project proposal in upstream and Due to 10 m reduction in dam downstream areas, the project can height, the annual energy be considered for Appraisal again. generation from the project will be reduced by about 5%.

Accordingly, revised forest proposal with reduced land requirement was also forwarded by the State Govt. to MoEF for forest clearance.

As stated above the reduction in forest land requirement was in compliance to the suggestions of MoEF. Moreover, this reduction in

26 S. No. Issue Reply forest land requirement will have a positive impact on the environment. As such, fresh scoping for Dibang Project is not required.

2 lmpact on Dibru-Saikhowa NP in Based on the modeling study placed Assam - Need for prior approval as Annexure-II, it is stated that there from Chief Wildlife Warden of will be a marginal fluctuation in W.L. Assam of the order of 0.17 m upstream of Enclosed below this email Dibang-Lohit confluence which will submission is a submission I had likely to reduce at the Dibru- made to MoEF on 1st August 2009 Saikowa National Park, which on the Dibang Multipurpose project, located about 15 km further copied to the EAC. This had brought downstream of this confluence. As to the notice of the MoEF and EAC such, it is anticipated that the that since fluctuation of flow will take ecology of Dibru-Saikhowa National place inside the Dibru-Saikhowa Park would not be affected due to National Park in Assam, prior this marginal fluctuation. approval was required of the Chief Wildlife Warden of Assam as per section 35 (6) of the Wildlife (Protection) Act, 1972.

The MoEF and EAC had ignored this submission and no reasons were recorded as to how the legal concerns raised in this submission were accepted or rejected. As the EAC is aware that due a number of judicial pronouncements of the High Courts, National Green Tribunal and Supreme Court which have been brought to the notice of the EAC in the past it is mandatory to record reasons in the proceedings of the EAC as to how each and every objection has been accepted or rejected and the reasons for the same. The response of the project proponent to the objections does not qualify as the reasons to be provided by EAC. The minutes need to record how the EAC as an expert body has independently applied its mind to the issues

27 S. No. Issue Reply raised and the response of the project proponent to the same.

I would like to place the same issue again before the current EAC - the need for prior approval under section 35 (6) of the WLPA from the Chief Wildlife Warden of Assam since flow As stated matter is sub-judice and fluctuations will take place inside pertains to Demwe Lower HE Dibru-Saikhowa NP downstream. Project of Athena Demwe Power Limited, which is proposed on Lohit Even if the EAC is making River. recommendations for grant or rejection of Scoping/Environmental clearances under the EIA notification 2006, such recommendations cannot be in violation of the Wildlife (Protection) Act, 1972. Therefore, if section 35 (6) of the WLPA requires that any change in flow inside a National Park or sanctuary requires prior approval of Chief Wildlife Warden of the concerned state, the EAC/MoEF cannot recommend and grant clearances which will result in flow fluctuations inside a protected area without prior approval of the concerned Chief Wildlife Warden.

This point has also been emphasized by the Government of Assam in an affidavit dated January 13, 2014 filed in an ongoing Appeal in the National Green Tribunal challenging the clearance granted to the 1750 MW Demwe Lower project on the Lohit river. The Demwe Lower Project will also cause flow fluctuations inside Dibru-Saikhowa National Park (Appeal No. 92/2013, Bimal Gogoi & Anr. Vs State of Arunachal Pradesh & Ors.).

While referring to downstream impacts of diurnal fluctuations due to

28 S. No. Issue Reply power generation patterns in winter, the affidavit states in para 6.2: "Such a variation in a short span of time has no natural analogue in freshwater eco-systems. Dolphin ecology and grassland ecology is likely to be affected, but effects need to be quantified based on available literature and expertise. Moreover, effects of erosive forces arising out of this wide fluctuation may assume significant proportions in the winter season too, when erosion is otherwise minimal..."

It further states in Para 6.8 that: " ... that it is true that fluctuations in water flow in Lohit and its contiguous water channels, in the river Dibang in the north and river Dibru in the south of Dibru-Saikhowa National Park will enhance and reduce the flow inside the numerous rivulets inside Dibru-Saikhowa National Park. However, this remains to be quantified, but in any case warrants the permission of Chief Wildlife Warden, Assam under section 35 (6) of the. Wildlife Protection Act, 1972."

Therefore, Government of Assam (which is claimed to a beneficiary state in the Dibang Multipurpose Project due to flood moderation component) has also clearly put on record its view that prior approval is required under section 35 (6) of WLPA.

Although impact on downstream national park was part of the ToR, the EIA consultants have made a complete mockery of this by a farcical one paragraph saying there

29 S. No. Issue Reply will only be beneficial impact on the park. This conclusion is not backed by any field study in different seasons.

However, the EAC during discussion of Lohit river basin study has recorded it in the EAC minutes that his additional study only models the flow fluctuations but has not studied the impacts of these flow fluctuations on the ecology of Dibru-Saikhowa NP. Such a co-relation would require conduct of field studies inside the park in all seasons to look at existing relationships between natural flow regime and ecology. After such field studies the impacts of various proposed modifications of flow regime (diurnal fluctuations, flood moderation etc.) can be understood better. 3. The letter dated 01.08.2009 of Shri The letter dated 01.08.2009 of Shri Neeraj Vagholikar of Kalpavriksh Neeraj Vagholikar of Kalpavriksh is enclosed with representation dated mainly related with impact of Dibang 25.03.2014. Multipurpose Project on Dibru- Saikhowa National Park. The impact of peaking operation of Dibang Multipurpose Project has been assessed through modelling and reply has already been covered at Para 2 above.

30 ANNEXURE-IV Para-wise reply to the representation submitted by Shri Neeraj Vagholikar, Kalpavriksh on 26.03.2014

S. No. Issue Reply 1 This is the second submission I am The reply to the representation making with respect to the Dibang dated 25.03.2014 is enclosed as Multipurpose project. The first Annexure-III. submission was made on March 25th and had two covered two aspects – requirement of fresh Scoping clearance for Dibang project & prior requirement for permission under section 35 (6) of the Wildlife (Protection) Act, 1972 from Chief Wildlife Warden of Assam since flow fluctuations will take place inside Dibru-Saikhowa National Park. 2 The proponents have reduced the In view of the suggestion of MoEF, requirement of forest land from the forest proposal was re- 5056.50 ha to 4577.84 ha. However, examined and height of the dam the 4577.84 ha of ‘forest land’ was reduced by 10 m thereby affected continues to be a large area reducing the forest land of biodiversity-rich forests and requirement by 445 ha without riverine ecosystems. compromising flood moderation quantum as originally envisaged. The provision of flood moderation in Dibang Project is of extreme importance for saving the human, animal and plant life as well as property in Assam and Arunachal Pradesh. Moreover, due to reduction in dam height the annual energy generation has also been reduced by about 5%.

In order to compensate the loss of forest, Compensatory Afforestation (CA) shall be undertaken on degraded forest land over twice in extent of area of forest land diverted. Further, other afforestation schemes viz., catchment area treatment, biodiversity conservation, green belt development etc. shall also be

31 S. No. Issue Reply undertaken. For loss of economic value forest goods and services, NPV shall also be paid as applicable. 3 The Dibang Valley contains some of The proposed reservoir is confined the last large contiguous tracts of to the river gorge. The river bed tropical, subtropical and temperate level at the dam site is of the order forests in the country. These forests of 288 m. FRL of the proposed have potentially good populations of reservoir is 530.3 m. Animals like wildlife species such as Hoolock Mishmi Takin, Serow, Snow gibbon, Slow loris, Capped langur, Leopard and Himalayan Black Bear Stump-tailed and Pig-tailed are found at higher altitudes in the macaques, Asiatic black bear, catchment, ranging from 2000 m to Malayan bear, Gaur, Takin, Leaf about 3000 m. Most of these deer, lesser cats, Clouded leopard animals are not reported in the and Tiger. The valley also has many project area. Thus, no major impact endemic and threatened birds. The is anticipated on these animals due Dibang Multipurpose involves the to the project. Moreover, the direct loss of over 4500 ha of forests animals easily change their niche in this valley, in addition to other to other forested areas. impacts. The areas impacted by the project include at least three Mehao Wildlife Sanctuary and protected areas (sanctuaries and Dibang Wildlife Sanctuary are national parks), four Important Bird located about 11 km from the Areas (1) and three potential Ramsar project area and about 35 km from sites – wetlands of international the tail end of the reservoir, importance (2). respectively. The intervening distances provide adequate buffer for protection of these sanctuaries from any adverse impact due to the construction and operation of the project.

Water birds are not very common in the project area. The main reason for this is that water birds generally require quiescent or slow moving water environment. However, in the proposed project area and its surroundings, due to terrain conditions water flow is swift, which does not provide suitable habitat for water birds. With the creation of reservoir with quiescent/tranquil conditions, the

32 S. No. Issue Reply reservoir banks will have wet environment throughout the year which can lead to proliferation of vegetation e.g. grass, etc. Such conditions are generally ideal for various kinds of birds, especially, water birds. This is expected to increase the avi-faunal population of the area.

For conservation of avi-fauna, installation of artificial nest boxes in the influence zone and catchment area of the project is proposed in biodiversity conservation and management plan of EMP.

4 Not only are some project Initially the forest land requirement components within 10 km radius of for the project was 5056.5 ha. the Mehao sanctuary (also an IBA), Later, the 33.66 ha forest land but some of the forest diversion required for construction facility and required is inside the sanctuary. The coming under 10 km radius of forest diversion proposal for the Mehao Sanctuary was excluded Dibang Multipurpose Project (Form from the forest proposal. Thus, no A) which was evaluated by MoEF part of the forest land required for earlier mentions in Part – I that the Dibang Project is coming within 10 forest land requirement for the km radius of Mehao Wildlife Dibang project includes that required sanctuary. for widening (doubling) of the Roing – Hunli road from 12 metres to 24 metres.

This road passes through the Mehao Roing-Hunli Road is an existing sanctuary. All forest land which is road maintained by Border Roads part of diversion proposal is part of Organisation (BRO). Road the overall land required for the widening works are being project which is examined as part of undertaken by BRO. The required environmental clearance in terms of clearances shall be obtained by overall social and environmental BRO. impacts. The doubling of the Roing – Hunli road for the Dibang project is therefore part and parcel of the project which is being examined for EC.

33 S. No. Issue Reply In addition to the actual road Roing-Hunli Road is an existing widening, the impact will be felt due road maintained by Border Roads to the drastic increase in traffic Organisation (BRO) is the only density through the sanctuary due to road for reaching Hunli and Anini the Dibang project (including (headquarter of Dibang Valley movement of heavy machinery), District). A considerable traffic is causing great disturbance to the plying on this road. sanctuary and wildlife therein. For example, the Dibang project requires 39,85,502.40 MT (7,97,10,036 bags) of cement and 2,39,129 MT of steel. This translates to 3,98,550 truckloads of cement and 23,912 truckloads of steel. This amounts to 8,44,924 truck trips (to and fro) only to ferry cement and steel for the Dibang project. The traffic figures will get substantially magnified if we consider transportation for all requirements and the cumulative traffic movement along with the 15 other large hydropower projects proposed in the upstream. Since doubling of road width is taking place inside the Mehao sanctuary for the Dibang project, the project would require clearance from the Standing Committee of the National Board for Wildlife. 7 The construction of the 278 metre For collection of boulders and high dam will also involve the sand, three shoal / fan deposits extraction of approximately 32 lakh have been proposed. These are truck loads (193 lakh cubic metres) of Aya Korong fan deposit, Eme river boulders and 16 lakh truck loads fan deposit, and Nizamghat shoal (96.5 lakh cubic metres) of sand from and Sirki river fan deposit. All these the river bed (Dibang and some its sites are located about 13.5 km d/s tributaries). The river bed from where of dam site and do not fall in any of this will be done is part of an the sanctuary. Important Bird Area (IBA) in the Dibang floodplains: Dibang Reserve Further, these borrow areas are Forest and adjacent areas. This IBA formed due to a continuous has also been found to qualify to be a draining of loose nala fan material potential Ramsar site. The IBA forms derived from the in-situ rock an area criss-crossed by numerous occupying higher levels. Being channels turning it into a complex of distantly away from the active river

34 S. No. Issue Reply waterbodies, riverine islands, channel, utilization of this material grassland and forest. This area is is not likely to affect the existing home to species such as the Bengal river dynamics adversely. On the Florican and the Wild Buffalo and the contrary removal of the loose ecology of the area will be majorly material from the up slope would affected by major flow modifications possibly reduce spilling over of this due to the Dibang project upstream. material towards the river during The Bombay Natural History Society rains when all the local nalas are has in its landmark 2012 publication active. Therefore, it would on the ‘Threatened Birds of India’ has invariably reduce the possibility and recommended declaring the intensity of flash flood due to the grasslands in this area as a protected sudden chocking of the river area for the Bengal Florican, a caused by local blockages and thus critically endangered bird (3) large scale damage to the environment shall be minimized. 8 Two more protected areas in the D-Ering Memorial Wildlife downstream stretches in Arunachal Sanctuary and Dibru-Saikhowa Pradesh and Assam will also be National Park are situated about 50 impacted by the Dibang project: km d/s in East Siang District and D’Ering sanctuary and Dibru – about 75 km d/s of Dibang dam Saikhowa National Park. Both these axis, respectively. D’Ering Wildlife PAs are also IBAs, as well as Sanctuary is coming under the potential Ramsar sites. Even though inundation map in case of break of the D’Ering sanctuary is located in Dibang dam. This inundation map the Siang flood plains, the inundation is prepared for the worst case map for potential downstream dam- scenario i.e. sudden breaking of induced floods prepared for the entire dam, which is highly Dibang dam includes areas within the improbable and hence should not D’Ering sanctuary. be considered for assessment of any impacts.

Dam would be designed as per best national / international practices using best available analytical techniques and knowledge. Latest techniques shall be used for construction and quality as per the national / international code of practices. The structural integrity of the dam will be continuously monitored for its safety and early warning by various state-of-the-art instruments and prompt remedial measures shall be taken in case of any early warning

35 S. No. Issue Reply is noticed. 9 The Dibang river flows into the Dibru- Based on the modeling study Saikhowa National Park and placed as Annexure-II, it is stated Biosphere Reserve in Assam in the that there will be a marginal downstream, also an IBA and fluctuation in W.L. of the order of potential Ramsar site. As per official 0.17 m upstream of Dibang-Lohit reports, alteration of the flow patterns confluence which will likely to during normal operation of the reduce at the Dibru-Saikowa Dibang dam will directly impact the National Park, which located about flows inside Dibru – Saikhowa 15 km further downstream of this National Park located 75 km. confluence. As such, it is downstream. Both the Dibang anticipated that the ecology of floodplains within Arunachal Pradesh Dibru-Saikhowa National Park and the Dibru-Saikhowa NP in would not be affected due to this Assam (home to species such as the marginal fluctuation. Bengal Florican, Wild Buffalo and Gangetic river dolphin) will be subject to drastic flow fluctuations on a daily basis (particularly in winter), having a serious implication for riverine ecology, as well as wildlife habitat and species in the floodplain. For example, an average flow in months of December and January of around 300 cumecs in the Dibang river, will alter drastically on a daily basis between 50 cumecs (flow for 20-21 hours during non-generation periods) and 1430 cumecs (flow for 3-4 hours during the power- generation period), alternately starving and flooding the river. The design discharge will be marginally reduced with the proposed reduction of height by 10 metres, however the impact of diurnal fluctuations in the downstream will continue to be major. 10 The Hon’ble Supreme Court of India As far as Dibang Multipurpose in the landmark Lion judgement Project is concerned, the project is dated April 15, 2013 (I.A. No. 100 in following the rules and guidelines Writ Petition (Civil) No. 337 of 1995 of MoEF for obtaining the Centre for Environmental Law, WWF environmental and forest – I Vs Union of India) gave the clearance. following direction:

36 S. No. Issue Reply

“NWAP (2002-2016) has already identified species like the Great Indian Bustard, Bengal Florican, Dugong, the Manipur Brow Antlered Deer, over and above Asiatic Lion and Wild Buffalo as endangered species and hence we are, therefore, inclined to give a direction to the Government of India and the MoEF to take urgent steps for the preservation of those endangered species as well as to initiate recovery programmes.”

The biodiversity-rich Dibang floodplain in Arunachal Pradesh and Assam in the downstream-affected area of the Dibang Multi-purpose project is an important habitat of at least two of the species specifically mentioned in this landmark judgement of the Hon’ble Supreme Court of India:

Bengal Florican and Wild Buffalo. The provision of flood moderation The habitat of these two species, as in Dibang Project is of extreme well as many others, would be under importance for saving the human, serious threat due to the drastically animal and plant life as well as altered flow patterns due to the property in the floodplains in proposed Dibang dam. At the very downstream in Assam and least a thorough and prior Arunachal Pradesh. downstream impact assessment is necessary on ecology and livelihoods For sustenance of aquatic life and in downstream areas. A failure to do for downstream users 15 cumecs so will violate the precautionary of water will be released between principle and the letter and spirit of 1.2 km stretch of dam and TRT the Supreme Court judgement on outlet, thereafter this quantity shall conservation of these endangered be supplemented by release of species. water by the operation of at least one turbine out of 12 turbines 24 hours in full / part load throughout the year. Thus adequate water will always be made available downstream of the dam site to

37 S. No. Issue Reply sustain aquatic ecology. 11 In addition to the impact on Most of the submergence area falls biodiversity over a much larger in the gorge area. It is restricted landscape in upstream and longitudinally and no major downstream areas beyond the 4500 submergence is observed laterally. ha of forest land proposed for Thus, the impacts as a result of diversion, the impact on people’s project construction are not livelihoods and forest rights also expected to be significant. extends beyond the 4500 ha of forest land being proposed to be diverted. The jhum cultivation coming under One of the arguments made in favour the proposed submergence area is of hydroelectric projects such as very small area. The CAT works Dibang is that there is relatively small shall be undertaken by the State displacement. But a careful perusal Forest Department on degraded of the ground situation indicates that forest / community land in displacement, impacts on livelihoods consultation with the community. and rights is grossly underestimated Various treatment viz., afforestation both in upstream and downstream and other silt retention measures areas for local communities such as have positive impact on the the Idu-Mishmis, Adis and others. environment. The right of local Shifting agriculture (jhum) is a people on the land where dominant traditional land use in the afforestation will take place shall hills of Arunachal Pradesh and plays not be affected. Thus, the impact of a critical role in the livelihoods of submergence / CAT on jhum is people, maintaining agricultural minimal. biodiversity and providing food security. Increasing pressures on However, for affected families an R land have resulted in the shortening & R package has been prepared. of jhum cycles (the length of the Besides this, there is also provision fallow period between two cropping for rights and privileges as per phases), thus impacting the State R&R Policy, 2008 of ecological viability of this farming Arunachal Pradesh, which shall be system. The submergence of huge given to the community. forest land by the Dibang dam will shorten the jhum cycle and enhance the pressure on the surrounding areas, thus affecting both the environment and the livelihoods of jhum-dependent communities over a much larger landscape. In addition to the submergence, land use restrictions will also apply in the Catchment Area of the reservoir as per mandatory norms to reduce the siltation and increase the life of the

38 S. No. Issue Reply reservoir. The official data for the Dibang dam states that the direct catchment area is 59,811.88 ha (out of which the official figures state 10, 281.64 ha is degraded forest/abandoned jhum and 3851.64 ha is agriculture/current jhum/habitation). The Catchment Area Treatment (CAT) will involve treatment and land use restrictions (e.g. jhum) in the direct draining catchment to reduce siltation. It is not known what will be the exact population of people affected by this restriction of land use in the direct draining catchment, but it is clear that project-affected persons are considerably larger than just the population affected by direct acquisition of land for submergence and other project components. This discussion cannot be diverted by stating that CAT and CA improve the habitat. The issue here is what will be the impact on rights of local communities, the assessment of which is an integral part of social impact assessment of a project of this nature. Further, there is likely to increased pressure on surrounding forests as jhum landscapes are being acquired/impacted, thereby shifting pressure to surrounding areas. 13 The Compensatory Afforestation Compensatory Afforestation (CA) (CA) is proposed in over 9000 ha of shall be undertaken on unclassed forestland, a substantial part of which state forest / community land over is already being used by local twice in extent of area of forest land communities for livelihood purposes diverted as identified by State as per the site inspection report of Forest Deptt. in consultation with the regional office of the MoEF. communities / local people. Further, part of the compensatory afforestation is proposed to be done The quoted area of 5870 ha has on 5870 ha of Unclassed State already been converted and Forest/Community Forest, which will declared as Village Reserve Forest need to be declared as Reserve by State Forest Department in

39 S. No. Issue Reply Forests if brought under CA. Thus accordance with the provisions the tenure of the land will change, contained in Section 3A of since a large forest area (in addition Arunachal Pradesh Anchal & to the actual diversion of over 4500 Village Forest Reserve ha) is proposed to be transferred (Constitution & Maintenance) Act, from community control to 1975 as amended in 1981 and government control. 1984 and the Arunachal Pradesh (Constitution & Maintenance) Rules, 1976 after fulfilling due procedure. However, there is provision for sharing revenue from forest produce of such areas between forest departments and Donor local communities. 14 The Dibang floodplains in the The provision of flood moderation downstream (including riverine in Dibang Project will be of extreme islands and tracts), within Arunachal importance for saving the human, Pradesh and neighbouring Assam, animal and plant life as well as also include substantial stretches of property in the floodplains in forest land and protected area downstream in Assam and (National Park and Biosphere Arunachal Pradesh. Reserve). The drastic alteration of flow patterns will affect resource use Further, for sustenance of aquatic and livelihoods of local communities life and for downstream users 15 in the downstream areas too (e.g. cumecs of water will be released fishing, winter agriculture, driftwood between 1.2 km stretch of dam and collection, cattle grazing etc.). The TRT outlet, thereafter this quantity social impact of this would be shall be supplemented by release substantial, including in terms of the of water by the operation of at least impacts on forest rights of one turbine out of 12 turbines 24 communities as envisaged under the hours in full / part load throughout Scheduled Tribes and Other the year. Traditional Forest Dwellers (Recognition of Forest Rights) Act, Moreover, concerns of local people 2006. including people residing in the downstream areas have been incorporated in the revised environmental management plan. The provision of Forest Rights Act, 2006 shall be complied.

15 The EAC and MoEF had in the case EIA / EMP reports of Dibang of the 2700 MW Lower Siang project Multipurpose Project was prepared prescribed a ToR to evaluate some of in accordance with the ToR these impacts on rights and approved by MoEF.

40 S. No. Issue Reply livelihoods beyond the directly acquired land as follows: “Impacts of Catchment Area Treatment (CAT) and Compensatory Afforestation (CA) on existing resource use and rights of local communities, particularly in light of determination of rights under the Scheduled Tribes and other forest dwellers (Recognition of Forest Rights) Act, 2006."

However, no such ToR has been prescribed in the case of Dibang despite there being a similar impact on rights and tenure over a larger landscape. 16 As stated in the above paragraphs, As explained in the above the Dibang Multipurpose Project paragraphs, Dibang Multipurpose involves: direct acquisition of over Project is not expected to have any 5000 ha of land; impact on a much major impact on downstream areas larger landscape in upstream and / IBAs / fauna. downstream areas including protected areas, IBAs and potential Further, implementation of various Ramsar sites in Arunachal Pradesh EMPs will help in improving the and Assam; impact on habitat of a overall environmental, socio- large number of species including the economic scenarios of the project tiger, takin, clouded leopard, wild area. buffalo, gangetic river dolphin and Bengal Florican; impact on Moreover, the EAC, which is a livelihoods and rights (including forest technical body, will take the rights) of communities in upstream decision on accord of and downstream well beyond the environmental clearance on merit. 4500 ha of forest land being proposed for diversion. Further, despite the major debate in the Northeast on the downstream impacts of dams, it is shocking to see the poor quality and limited scope of the downstream studies.

The EAC/MoEF is well aware of the ongoing conflict in the 2000 MW Subansiri Lower project due to unresolved downstream impact

41 S. No. Issue Reply issues. Given this scenario it is disturbing that comprehensive downstream impact assessment and public consultation in Assam continues to be bypassed as an advance requirement before environmental clearance.

Keeping all these issues in mind, there is no justification on merits to recommend the Dibang Multipurpose Project for environmental clearance in the EAC meeting.