polavaram dam legality and feasibility

http://www.palvai.in/irrigation%20doc%20files/Polavaram.pdf

http://apspcb.org.in/pdf/lshep/EMP%20Report/Ch11_Disaster%20Management%20Plan2.pdfhttp://www.nih.ernet.in/TechnicalPapers[Dam breakandRisk analysis made mandatory fordams] .Dam%20break%20study%20of%20Barna%20dam_NIH_1996-97.pdfhttps://sites.google.com/site/shivajirao32/polavaramdamburst

                         

http://www.palvai.in/irrigation%20doc%20files/Polavaram.pdf (why barrage only)

 http://www.cwc.gov.in/main/downloads/Safety%20inspection%20of%20dams.pdf[CWCGuidelines on Dam Safety inspection,Art,8.2

 http://164.100.47.134/intranet/DisplacementandRehabilitation.pdf [R and R Act provisions]

   http://tshivajirao.blogspot.in/2010/11/polavaram-dam-reconcile-controversies.html   [illegalasper contract Act] 

http://www.cwc.gov.in/main/downloads/Safety%20inspection%20of%20dams.pdf 

[page-12 insists on dam break analysis as per indian standards]              

https://www.blogger.com/blogger.g?blogID=8353818689632323514#editor/target=post;postID=8077135096799191073;onPublishedMenu=allposts;onClosedMenu=allposts;postNum=84;src=linkhttp://www.nih.ernet.in/TechnicalPapers/Dam%20break%20study%20of%20Barna%20dam_NIH_1996-97.pdf[Dr.K.L.Rao viewson dam burst,Murphy's Law] 

http://tshivajirao.blogspot.in/2010/11/dam-breach-flood-routing-for-rock-fill.html  [Dam-break analysis,Ramesh]

http://tshivajirao.blogspot.in/2010/09/why-polavaram-dam-is-bound-to-collapse_02.html

http://www.academicfoundation.com/n_detail/polavaram.asp

 http://www.nih.ernet.in/TechnicalPapers/Dam%20break%20study%20of%20Barna%20dam_NIH_1996-97.pdf

                                            prof.TShivaji Rao, 

                        Director center for environmental studies,  

                                              Gitam university,

                                               Visakhapatnam.    

                         Polavaram  as a dam is a killer and illegal one and as barrages is a benign project

Prof. T.Shivaji Rao, Director for Environment, Gitam University, Visakhapatnam, India.

The extract from page 8 of the public works Department of A.P. state on the Inchampalli project dated june 1970, states thus “The last project proposed in the lower Godavari basin is a barrage at polavaram which  is about 8 miles below Inchampally dam. The canals of polavaram barrage scheme follow on the same all alignment as envisaged in the  Rampadsagar project originally proposed in 1951 to serve the upland area’s  in Krishna, west Godavari, East Godavari and vizag districts”.

The Krishna water disputes tribunal report of 1973 devoted chapter V11 for diversion of the  Godavari waters to the Krishna and its states that there are possibilities of diverting Godavari near Albaka to pulichintala on Krishna and second link canal  from the Godavari  at polavaram to prakasam barrage near Vijayawada. The expert committee headed  by  Dr.A.N. Khosla  in  (1953) and another expert committee by Gulhatin 1961 confirmed the above proposal to transfer about 300 TMC from Godavari into Krishna. The Godavari- Krishna Technical committee agreed that polavaram barrage as well as Vijayawada barrages  would have no storage of their own, and hence other dams  at Bhopalapatnam or Watra Badruk storages will release 171 T.M.C.  FROM THE Wathra Badruk storage reservoirs to feed polavaram .Thus polavaram is a barrage project was submitted to Bachawat tribunal by the state as a barrage on 7.8.1970 and it was marked as Exhibit- MRG-34 VOLUME APPG-5. Hence  the killer polavaram dam must be changed into benign barrages project to avoid submersion of lands and  displacements lakhs of tribals in upper states.

Why polavaram dam may become illegal ?What is the solution

Polavaram dam is illegal for several reasons and hence it should be cancelled as per rules and law.Firstly it is based  on the Bachawat tribunal award dated April 1980. This award is illegal ,because it is based on a single statement dated 3.4.1980submitted by the legal counsel representing the union ministry of irrigation  and power and central water commission, and the statement la l water commission.

Thus  the above two sub clauses under clause VI of the Bachawat report are contradictory. And so the award becomes illegal under sections 3,15,16 and 56 of Indian contact Act. Thus the polavaram project becomes illegal and it MAY be stopped.           Undersec.23 of the Contract Act,theobject of the agreement is also to build the project by submerging lands,forests,settlements in Orissa and chattisgarh alsoand it injuresmany peole and their property.Further,the agreements involve acts which are impossible to implement. like polavaram dam projectwhich is to be built without submergence in Orissa and chattisgarh.In order to transform this illegal project into a legal one we have to go in for the multiple barrages project which does not involve any large-scale submersion and displacement of lakhs of tribals

.

 Under these unfavourable circumstances  the  Bachawat  tribunal attempted to strike a balance And so under two sub clauses they made contradictions as presented below:                                                      

[1].Under paragraph 80 of their report the Polavaram dam becomes illegal for several reasons and hence it may be cancelled as per rules and law.Firstly it is based  on the Bachawat tribunal award dated April 1980. This award is illegal ,because it is based on a single statement dated 3.4.1980submitted by he legal counsel representing the union ministry of irrigation  and power and central water commission, and the statement laiddown the 2conditions that[1] the polavaram  project shall be cleared by the central water commission,for F.R.L./M.W.L.+150 FT. Again this very statement of 3.4.1980 also puts the condition that [2]the design of polavarm dam and its operation scheduled shall be left to the central water commission

. The above contradictory conditions make the award statement illegal, as per section 56 of the  Indian contract act..under  This statement also insists that C.W.C. shall design the dam by considering all the agreements dated 2.4.1980 between the states. Again this interstate agreement dated 2.4.1980 between Andhra Pradesh, Madhya Pradesh, and Orissa clearly states that only to enable clearance of polavaram project this agreement is made on the conditions that [1]the project spillway shall be designed for a flood capacity of 36 lacks cusecs  and [2]other operation conditions. There is no mention that the FRL/MWL for the dam shall be fixed at +150 feet above M.S.L.  So this agreement is not precise,meaningful and practically the  decision taken  seems to be under coersion and so becomes void under Indian contract Act.

that polavaram shall be cleared by CWC.for F.R.L. /M.W.L.+150feet under ONE  subsection ,AND UNDER ANOTHER sub-section [2.]The tribunal said that the matter of the design must be left to the central water commission. Such contradiction make our case weak in the eyes of the courts.so kindly look into the matter with all seriousness and consult good people and do good service to Andhras

iddown the condition that[1] the polavaram  project shall be cleared by the central water commission,for F.R.L./M.W.L.+150 FT. Again this very statement of 3.4.1980 also puts the condition that [2]the design of polavarm dam and its operation scheduled shall be left to the central water commision.

           Such a contradictions and impracticable decitions on the project make it illegal under various sections of the Indian contact Act, particularly when the project is made a national project.

Print

Press Information Bureau
Government of India
Ministry of Water Resources
08-July-2009 16:8 IST

National Irrigation Projects

Lok Sabha

The State Governments are required to submit the proposals for inclusion of new projects in the list of National Projects in prescribed format and as per procedure prescribed in the guidelines for implementation of the scheme of the national projects. Accordingly, proposals have been received from Government of Andhra Pradesh, Maharashtra and Uttar Pradesh.

In accordance with above, proposal for Indira Sagar (Polavaram) project from Andhra Pradesh, Gosikhurd Project from Maharashtra and Saryu Nahar, Bansagar, Rajghat and Sharda Sahayak canal projects from Uttar Pradesh have been received for examination by the Central Water Commission, High Powered Steering Committee of the Ministry of Water Resources, Expenditure Finance Committee and Project Investment Board. On clearance of the examination process, clearance of Union Cabinet on case to case basis will be required for inclusion as national project.

As per the guidelines, the following are the criteria for declaring a project as National Project:

• International projects where usage of water in India is required by a treaty or where planning and early completion of the project is necessary in the interest of the country.

• Inter-State projects which are dragging on due to non-resolution of Inter-State issues relating to sharing of costs, rehabilitation, aspects of power production etc., including river interlinking projects.

• Intra-State projects with additional potential of more than 2,00,000 hectare (ha) and with no dispute regarding sharing of water and where hydrology is established.

The scheme of implementation of National Projects has come into effect from 26th February 2009 after issue of guidelines by the Ministry of Water Resources. For the year 2008-09 ceiling fixed by the Planning Commission for National Projects was of Rs.800 crore. The ceiling fixed for 2009-10 is also of Rs.800 crore.

Gosikhurd Project of Maharashtra is already being funded under the scheme of National Projects. Inclusion of a project as a national project is made by the Union Cabinet on case to case basis. Inclusion of any specific project as national project depends on submission of the proposal by the concerned state government and approval thereto of the Union Cabinet after following due procedure prescribed in the guidelines.

This information was given by the Minister of State for Water Resources, Shri Vincent H. Pala in response in a written reply in the Lok Sabha today.

SK/BS

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