Tamil Nadu
,
Kundah Taluk
,
Nilgiris
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Nilgiris residents protest Sillahalla hydroelectric project, raise concerns over loss of farmlands
Reported by
Nayantara Lakshman
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
2083
Households affected
10000
People Affected
2020
Year started
315
Land area affected
2083
Households affected
10000
People Affected
2020
Year started
315
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Hydroelectric Project
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Local communities and environmentalists have opposed the Sillahalla Pumped Storage Hydro-Electric Project (SPSHEP) proposed in the Kundah Taluk of the Nilgiris Biosphere Reserve by the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO). They say that the project will be an environmental and livelihood disaster as it would submerge acres of dense forests and prime agricultural lands, along with displacing over 10,000 people.

After the Tamil Nadu government's announcement about the Sillahalla hydroelectric project, a group of environment enthusiasts sent online petitions to the expert appraisal committee (EAC) of Union Ministry of Environment, Forest and Climate Change (MoEF&CC) seeking to reconsider the terms of reference (TOR) clearance for the project. They said that the government failed to acknowledge environmental and livelihood concerns.

Furthermore, in July 2020, a group of 374 conservationists, scientists, people’s groups, members of Non-Governmental Organizations and the public together signed an appeal to the government to scrap the proposed Sillahalla hydroelectric project.

Meanwhile, thousands of farmers from over 15 villages, including Kallakorai, Bembatti, Thulithalai, Kanneri, Thangadu, Oranalli, Meekeri, Muthorai Palada and Balocola, fear that their agricultural lands will be submerged due to the project. Experts say that over 10,000 people from the community, mainly farmers, will lose their livelihoods.

According to the environment clearance report of the project, about 170 hectares of private, forest, and government land will be submerged once the reservoirs turn fully functional. The total land proposed to be acquired for the project is 315 hectares, of which about 180.3 hectares is forest/government land and 134.7 hectares is private land that is proposed to be acquired.

This project involves the construction of two reservoirs, an upper one in Bembatty village along the Sillahalla stream and a lower one downstream past the existing Kundah Dam. A 2.8-km head race and a 1.56 km-long tail race tunnel will connect the two dams. Electricity generation will occur by pumping water from the lower dam to the upper dam. Additionally, the project aims to interconnect these dams with the nearby Avalanche-Emerald Reservoir, which is at the same level. The project includes the construction of a surface storage point and an underground powerhouse.

While the project aims to address the state's power deficiency issue by adding 1,000MW to the power grid for use during peak hours, the region where the project is being proposed is ecologically fragile and prone to annual floods and landslides.

Environmentalists say the Sillahalla hydroelectric project area is adjacent to the Silent Valley National Park, the Mukurthi National Park, and the Nilgiri forest division, making it a region of unique biodiversity and rich ecosensitive zone.

During an online meeting held on 29 July 2023 between the EAC of the MoEF&CC and the Tamil Nadu officials over the issuance of TOR to the project proponent, the former took note of the representation by ecologists, scientists and the NGOs of Nilgiris. The EAC asked for further points to the TOR, including clearance from the National Board of Wildlife; study of the proposed project on the nearby wildlife sanctuary and include conservation plan/mitigation measures in the environment impact assessment and the environment management plan; and an assessment of an environmental cost-benefit analysis.

J Innocent Divya, the district collector of the Nilgiris, told Mongabay India that the implementation of the project would be undertaken only after the environmental impact study and consultations approved by the union ministry. 

Since November 2020 there has been not much news regarding the project and developments on ground. However, C Ramesh, Executive Engineer, Civil-Project Investigation TNEB, TANGEDCO, Emerald, Ooty, told LCW that the project has been stalled mainly because of technical issues. 

Amid protest, TANGEDCO has also tweaked its target for land acquisition. Ramesh explained that the original plan was to go with 2250 MCF storage in Kanneri village. But this required acquisition of 1,500 acres of revenue, forest and patta land. That is why the plan was changed to reduce the height of the dam (1 TNC storage capacity) by having a minimum storage based on whatever is required for power generation per day. So now, the plan is to acquire 700 acres in the upper dam, but TANGEDCO is in the process of trying to reduce the need for land further as it is all patta land. 

Meanwhile, the Geological Survey of India has instructed the company to go for a drifting tunnel for this new plant to have more accuracy in the technical points, he added. 

Ramesh further said that all the surveys required to get permission to build the drifting tunnel have been completed and the slip is with the Collector and they are working to get permission from the Collector. Based on prior field work, the company has sent all details to various departments and is waiting for the reports to submit to the Collector. Once this permission has been granted, there will be a public consultation with unions and patta landowners. He added that this project is important to meet Tamil Nadu's peak energy requirements. Right now, the government is at loss as they are borrowing energy from private players.

The project is anticipated to become operational in the year 2025.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Refusal to give up land for the project

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Forest and Non-Forest

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?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Project underway despite protests

Original Project Deadline

2025

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Agricultural land, Other environmental services

Whether the project was stalled due to land conflict

Yes

Source/Reference

Amid protest, TANGEDCO has tweaked its target for land acquisition, an official, however, maintained that the project has been stalled mainly because of technical issues.  C Ramesh, Executive Engineer, Civil-Project Investigation TNEB, TANGEDCO, Emerald, Ooty, told LCW that the original plan was to go with 2250 MCF storage in Kanneri village. But this required acquisition of 1,500 acres of revenue, forest and patta land. That is why the plan was changed to reduce the height of the dam (1 TNC storage capacity) by having a minimum storage based on whatever is required for power generation per day. So now, the plan is to acquire 700 acres in the upper dam, but TANGEDCO is in the process of trying to reduce the need for land further as it is all patta land.  Meanwhile, the Geological Survey of India has instructed the company to go for a drifting tunnel for this new plant to have more accuracy in the technical points, he added.  Ramesh further said that all the surveys required to get permission to build the drifting tunnel have been completed and the slip is with the Collector and they are in the liaison work to get permission from the Collector. Based on prior field work, the company has sent all details to various departments and is waiting for the reports to submit to the Collector. Once this permission has been granted, there will be a public consultation with unions and patta landowners. He added that this project is important to meet Tamil Nadu's peak energy requirements. Right now, the government is at loss as they are borrowing energy from private players.

Total investment involved (in Crores):

4172.62

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

There has been no news about the project since November 2020. However, according to GlobalData, an organisation that monitors and profiles more than 170,000 power plants globally, the project is currently in the permitting phase and it will be executed in several stages. The project is anticipated to become operational in the year 2025.

Author
Reported by
Nayantara Lakshman

Tamil Nadu

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Refusal to give up land for the project

Nilgiris residents protest Sillahalla hydroelectric project, raise concerns over loss of farmlands

Reported by

Nayantara Lakshman

Legal Review by

Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

December 14, 2023

December 15, 2023

Edited on

December 14, 2023

Sector

Power

Reason or Cause of Conflict

Hydroelectric Project

Eco-Sensitive Zone

Starting Year

2020

Land Area Affected (in Hectares)

315

ha

Households Affected by Conflict

2083

People Affected by Conflict

10000

State

Tamil Nadu

Sector

Power

People Affected by Conflict

10000

Households Affected by Conflict

2083

Land Area Affected (in Hectares)

315

ha

Starting Year

2020

Location of Conflict

Kundah Taluk

Nilgiris

Reason or Cause of Conflict

Hydroelectric Project

Eco-Sensitive Zone

Land Conflict Summary

Local communities and environmentalists have opposed the Sillahalla Pumped Storage Hydro-Electric Project (SPSHEP) proposed in the Kundah Taluk of the Nilgiris Biosphere Reserve by the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO). They say that the project will be an environmental and livelihood disaster as it would submerge acres of dense forests and prime agricultural lands, along with displacing over 10,000 people.

After the Tamil Nadu government's announcement about the Sillahalla hydroelectric project, a group of environment enthusiasts sent online petitions to the expert appraisal committee (EAC) of Union Ministry of Environment, Forest and Climate Change (MoEF&CC) seeking to reconsider the terms of reference (TOR) clearance for the project. They said that the government failed to acknowledge environmental and livelihood concerns.

Furthermore, in July 2020, a group of 374 conservationists, scientists, people’s groups, members of Non-Governmental Organizations and the public together signed an appeal to the government to scrap the proposed Sillahalla hydroelectric project.

Meanwhile, thousands of farmers from over 15 villages, including Kallakorai, Bembatti, Thulithalai, Kanneri, Thangadu, Oranalli, Meekeri, Muthorai Palada and Balocola, fear that their agricultural lands will be submerged due to the project. Experts say that over 10,000 people from the community, mainly farmers, will lose their livelihoods.

According to the environment clearance report of the project, about 170 hectares of private, forest, and government land will be submerged once the reservoirs turn fully functional. The total land proposed to be acquired for the project is 315 hectares, of which about 180.3 hectares is forest/government land and 134.7 hectares is private land that is proposed to be acquired.

This project involves the construction of two reservoirs, an upper one in Bembatty village along the Sillahalla stream and a lower one downstream past the existing Kundah Dam. A 2.8-km head race and a 1.56 km-long tail race tunnel will connect the two dams. Electricity generation will occur by pumping water from the lower dam to the upper dam. Additionally, the project aims to interconnect these dams with the nearby Avalanche-Emerald Reservoir, which is at the same level. The project includes the construction of a surface storage point and an underground powerhouse.

While the project aims to address the state's power deficiency issue by adding 1,000MW to the power grid for use during peak hours, the region where the project is being proposed is ecologically fragile and prone to annual floods and landslides.

Environmentalists say the Sillahalla hydroelectric project area is adjacent to the Silent Valley National Park, the Mukurthi National Park, and the Nilgiri forest division, making it a region of unique biodiversity and rich ecosensitive zone.

During an online meeting held on 29 July 2023 between the EAC of the MoEF&CC and the Tamil Nadu officials over the issuance of TOR to the project proponent, the former took note of the representation by ecologists, scientists and the NGOs of Nilgiris. The EAC asked for further points to the TOR, including clearance from the National Board of Wildlife; study of the proposed project on the nearby wildlife sanctuary and include conservation plan/mitigation measures in the environment impact assessment and the environment management plan; and an assessment of an environmental cost-benefit analysis.

J Innocent Divya, the district collector of the Nilgiris, told Mongabay India that the implementation of the project would be undertaken only after the environmental impact study and consultations approved by the union ministry. 

Since November 2020 there has been not much news regarding the project and developments on ground. However, C Ramesh, Executive Engineer, Civil-Project Investigation TNEB, TANGEDCO, Emerald, Ooty, told LCW that the project has been stalled mainly because of technical issues. 

Amid protest, TANGEDCO has also tweaked its target for land acquisition. Ramesh explained that the original plan was to go with 2250 MCF storage in Kanneri village. But this required acquisition of 1,500 acres of revenue, forest and patta land. That is why the plan was changed to reduce the height of the dam (1 TNC storage capacity) by having a minimum storage based on whatever is required for power generation per day. So now, the plan is to acquire 700 acres in the upper dam, but TANGEDCO is in the process of trying to reduce the need for land further as it is all patta land. 

Meanwhile, the Geological Survey of India has instructed the company to go for a drifting tunnel for this new plant to have more accuracy in the technical points, he added. 

Ramesh further said that all the surveys required to get permission to build the drifting tunnel have been completed and the slip is with the Collector and they are working to get permission from the Collector. Based on prior field work, the company has sent all details to various departments and is waiting for the reports to submit to the Collector. Once this permission has been granted, there will be a public consultation with unions and patta landowners. He added that this project is important to meet Tamil Nadu's peak energy requirements. Right now, the government is at loss as they are borrowing energy from private players.

The project is anticipated to become operational in the year 2025.

Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Refusal to give up land for the project

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Forest and Non-Forest

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

Project underway despite protests

Original Project Deadline

2025

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Agricultural land, Other environmental services

Whether the project was stalled due to land conflict

Yes

Source/Reference

Amid protest, TANGEDCO has tweaked its target for land acquisition, an official, however, maintained that the project has been stalled mainly because of technical issues.  C Ramesh, Executive Engineer, Civil-Project Investigation TNEB, TANGEDCO, Emerald, Ooty, told LCW that the original plan was to go with 2250 MCF storage in Kanneri village. But this required acquisition of 1,500 acres of revenue, forest and patta land. That is why the plan was changed to reduce the height of the dam (1 TNC storage capacity) by having a minimum storage based on whatever is required for power generation per day. So now, the plan is to acquire 700 acres in the upper dam, but TANGEDCO is in the process of trying to reduce the need for land further as it is all patta land.  Meanwhile, the Geological Survey of India has instructed the company to go for a drifting tunnel for this new plant to have more accuracy in the technical points, he added.  Ramesh further said that all the surveys required to get permission to build the drifting tunnel have been completed and the slip is with the Collector and they are in the liaison work to get permission from the Collector. Based on prior field work, the company has sent all details to various departments and is waiting for the reports to submit to the Collector. Once this permission has been granted, there will be a public consultation with unions and patta landowners. He added that this project is important to meet Tamil Nadu's peak energy requirements. Right now, the government is at loss as they are borrowing energy from private players.

Total investment involved (in Crores):

4172.62

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

There has been no news about the project since November 2020. However, according to GlobalData, an organisation that monitors and profiles more than 170,000 power plants globally, the project is currently in the permitting phase and it will be executed in several stages. The project is anticipated to become operational in the year 2025.

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Jharkhand Amendment) Act, 2017
Section 4 [Social Impact Assessment to be conducted by the appropriate government in consultation with the Gram Sabha, panchayat, municipality or municipal corporation as the case may be]; Section 4(1) [Whenever the Government seeks to acquire land for any public purpose, it shall consult the panchayat in the affected area and conduct a Social Impact Assessment] Section 5 [A public hearing shall be conducted at the affected area to ascertain the views of the affected families, which shall be recorded in the SIA Report] Section 8(1) [The appropriate government should ensure that the public purpose for which the land is to be acquired is bona fide and legitimate and that the potential benefits outweigh the social costs and adverse impact as determined by the Social Impact Assessment]; Section 8(2) [The appropriate government should ensure minimum displacement of people, minimum disturbance to the infrastructure and ecology and minimum adverse impact on the individuals affected]
Forest (Conservation) Act, 1980
Section 2 [No state government can pass orders de-reserving a reserved forest or allow forestland to be used for non-forest purpose without prior approval of the Union government]
Environmental Impact Assessment Notification, 2006
Section 5C [Functions of the National Board of Wildlife (NBWL) include carrying out impact assessment of any development activity which can impact wildlife or its habitat]
Wild Life (Protection) Act, 1972
Section 5C [Functions of the National Board of Wildlife (NBWL) include carrying out impact assessment of any development activity which can impact wildlife or its habitat]
National Policy on Disaster Management, 2009
The Policy states that disaster management and mitigation measures must be included in infrastructure plans, especially in vulnerable areas.
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  6. 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.

  7. 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

Yes

What was the claim(s)/objection(s) raised by the community?

Online petitions have been sent to the expert appraisal committee (EAC) of the Ministry of Environment, Forest and Climate Change (MoEFCC) seeking to reconsider the terms of reference (TOR) clearance for the Sillahalla hydroelectric project.

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Controversial land acquisition by the government

Violation of environmental laws

Non-consultation with stakeholders

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Ministry of Environment, Forest and Climate Change (MoEF&CC)

PSUs Involved in the Conflict:

Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO)

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?

Communities/Local Organisations in the Conflict:

Information on the use of criminal law

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

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