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Legal Review by
Edited by
Updated by
Published on
June 22, 2022
June 24, 2022
Edited on
June 22, 2022
Despite resistance from local communities, the Tamil Nadu government is going ahead with the implementation of Udangudi Thermal Power Plant (TPP) project in Thoothukudi district of the state. A Memorandum of Understanding for the project was signed in 2007 between the then Chief Minister of Tamil Nadu, M. Karunanidhi and the Union Minister for Heavy Industries, Santosh Mohan Deb.
In 2018, when the project was revived, a large number of fishermen held protests over the construction of a coal jetty in Kallamoli coastal village for transporting coal to the Udangudi TPP. However, protests have muted since then. Dr SJ Gayes, president of the Thoothukudi Country Boat Fishermen Association, told LCW that the AIADMK government at the time secured written consent from fishermen who were politically affiliated with the regime at the time. "There was no public consultation with local communities. When ships start coming to the jetty, fishermen would not be allowed in the area. Even now, we are not allowed within 500 metres of the coal jetty. The presence of a coal jetty will ward off the fish, and our livelihoods will be affected," he said.
According to Gaves, one of the main occupations in Udangudi -- palm cultivation -- would also be affected. "A tapper has to cut the palm flower thrice a day to collect the sap. But when the power plant starts to function, it will be covered with fly ash. Banana plantations, which are also found in the area, would be adversely affected because of the fly ash," said Gaves. He added that lakhs of pilgrims who visit the famous Tiruchendur and Mutharamman temples would also be affected by the pollution.
B. Ramkumar Adityan, an advocate had also filed a writ petition in the Madurai Bench of the Madras High Court as a public interest litigation urging the court to abandon the construction of coal jetty. But the court dismissed his plea in 2019, stating it could not find in the plea any evidence displaying adverse impacts of the coal jetty on livelihood of fishermen.
In 2021, an analysis conducted by Climate Risk Horizons found that the project would add Rs 15-20,000 crore to the debt burden of the State between 2024 and 2030.
In May 2022, activist Medha Patkar flagged several violations in the project. She said that the environmental clearance and impact assessment were done for only 800MW x 2 and not for the subsequent expansion. Further, she noted that Social Impact Assessment, which is required under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement, 2013, was not conducted for the 607 acres of land that was acquired by the Tamil Nadu government for stages II and III of the project.
As of June 2022, the stage I of the power plant is under construction and is expected to be completed by 2024. There is a further plan for constructing two more stages of the project.
Complaint against procedural violations
Demand to cancel the project
Opposition against environmental degradation
Rural
Common and Private
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
9752
Type of investment:
Cost of Project
Year of Estimation
Page Number In Investment Document:
83
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Violation of free prior informed consent
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Madras High Court
Case Number
W.P.(MD)No.8580 of 2019, W.M.P.(MD)No.6696 of 2019
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Strikes
Protests/marches
Government Departments Involved in the Conflict:
Ministry of Environment, Forests, and Climate Change, Tamil Nadu Pollution Control Board
PSUs Involved in the Conflict:
Tamil Nadu Generation and Distribution Corporation (Tangedco), Udangudi Power Corporation, Bharat Heavy Electricals Ltd
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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