EnvironmentFlora and FaunaPolicy Matters

IS THE ILLEGAL DANDELI WATER PIPELINE PROJECT @ HORNBILL CONSERVATION RESERVE – ON OR NOT?

Meera Bhardwaj:

Has the work on laying of water pipelines in the Timber Depot area, which is part of the notified Hornbill Conservation Reserve in Dandeli, Uttar Kannada district, Karnataka, re-started once again or not? On March 25th and 26th, activists report work is still on with piepline being laid – the latest pictures you can see in the above picture at Timber Depot, Dandeli town.

The controvery continues as the Karnataka Forest Department says the project has not re-started – only trenches were closed to aid the movement of people in Dandeli town.

However, Rahul Bavaji from Dandeli town said, “Once again, the project has re-started. Not only on Wednesday but on Thursday morning, March 26th, I could see work commencing with laying of water pipelines. Since early morning, the bulldozers returned, and they have commenced work. The ongoing works have not only impacted the nesting trees of hornbills but it may damage the trees permanently the way working is going on unabated.”

Naturalist Milind Kodkany of Kali Brigade said, “All these works that were taken up inside the Hornbill Conservation Reserve since 2021-22 has already caused immense damage to the habitat of hornbills in the 53-square km-Hornbill Conservation Reserve which starts from the Dandeli Timber Depot and ends at Ganeshgudi – stretching all along the Kali River. There seems to be no end to this issue as the Forest Department has failed to take strict action.”

Further, local environmentalists and activists stress that these works are part of the Multi-Drinking Water Supply Scheme for six villages by diverting 3.434 hectares of area in a notified forest.

In 2021-22, the user agency – AEE, Rural Drinking Water and Sanitation Sub-division, Haliyal took up laying of water pipelines and other ancillary purposes which were stopped but once again this March, they re-started albeit without making efforts to get any clearances.

With Kali Brigade – an NGO based in Dandeli lodging a complaint, the project was stalled but activists feared the project may restart once again inside the PA. As feared by activists, work on the pipeline project commenced on March 25 and 26th morning which the forest department completely denies.

Rahul Bavaji said, “We saw pipelines being carried in trucks and being laid in the morning hours on both the days. This demonstrates how helpless the KFD is – the state govt organizations care two hoots for any rules or regulations.

He added, “The heavy machinery is digging so near the ficus trees where the hornbills feed and nest that any moment, or once the monsoons starts, the trees may fall due to the weakening of the root system.”

Activists add, “We have become helpless spectators to the ongoing destruction of the Hornbill Conservation Reserve & Kali River while the user agency without any care or concern are going ahead with the diggings – not bothered by the illegalities of what they were committing.

Without hornbills or the Kali River, the existence of Dandeli has no meaning.”

Speaking to Green Minute News on Wednesday night, Dr Prashanth K C, DCF, Haliyal Forest Division said all the works have been stopped as the area falls under a protected forest area.

“The works have not re-started on Wednesday. In fact, they were closing the big trenches as it was hindering the movement of people in that area. Further, a cow had fallen inside a trench and it had to be removed. All works have been stopped,” the DCF assured.

The Haliyal DCF had said, “All the clearances for this project are still pending. The current project involves diversion of 0.509 hectares of forest land and the work has been stopped as they are yet to receive any clearances. The Dandeli Timber Depot area and other areas are part of the Hornbill Conservation Reserve. However, some parts with high population falling in the middle of the Dandeli town have been denotified.”

Senior forest officials say even if some part of the Dandeli town is denotified, they still need forest and wildlife clearances at the state and central level.

HORNBILL CONSERVATION RESERVE

As per RTI information provided by the Karnataka Forest Department, the entire town of Dandeli in Uttar Kannada district falls inside the protected area of the Hornbill Conservation Reserve. This conservation reserve is home to four types of hornbills – the Great Hornbill, Malabar Pied Hornbill, Malabar Grey Hornbill, and Indian Grey Hornbill with two hornbill species that are endemic to the Western Ghats.

Added to this, the MoEFCC states that the primary objective of this Hornbill Conservation Reserve is to preserve the habitat of hornbills which is a flagship species of Western Ghats.

The Hornbill Conservation Reserve, Dandeli is crucial for preserving the habitat of the Malabar Pied and Great Hornbills, acting as a “flagship species site” for Western Ghats biodiversity.

This protected area also serves as a vital tiger corridor connecting Karnataka, Goa, and Maharashtra, protecting crucial nesting sites from deforestation. As a dedicated conservation reserve for hornbills under Section 36A of the Wildlife (Protection) Act 1972, it offers legal protection to the unique biodiversity of the Western Ghats.

KALI BRIGADE EFFORTS

In July (dated 2nd and 27th) 2021, Milind Kodkany of Kali Brigade had lodged two complaints with the Haliyal Forest Division, Karnataka Forest Department on the issue of laying of water pipelines that fell inside the Hornbill Conservation Reserve as a large number of trees were felled. Further, the user agency had dug up earth and used forest land for non-forest purposes inside reserve forests of Dandeli and Alur beats sans any forest clearances under Forest (Conservation) Act, 1980.

The excavations in 2021 had caused destruction of the Hornbill habitat as they had also used heavy machinery and hazardous substances inside the CR at Timber Depot, Dandeli.

Then, the KFD had filed a FIR dated 31.8.2021 against Manjunath Maruthi Badri, a resident of Belagavi Road, Haliyal under Rule 25 (2) of Karnataka Forest Rules, 1969 for excavation of mud and re-filling it without permission. But this FIR is not enough, the Kali Brigade stated in their complaint.

AN ILLEGAL PROJECT INSIDE A PA

Speaking to Green Minute News, Naturalist Milind Kodkany of Kali Brigade said, “I am shocked how could they re-start the project on Wednesday. Despite our complaints to the KFD and monitoring of the area, this project has raised its hydra head again and again.”

Further, the MoEFCC notification clearly lays the procedure to deal with violations under Section 2 under FCA, 1980 against the violator and erring officers under whose supervision, the work was taken up while an application seeking forest clearance is still pending.

He adds, “In fact, prior recommendation and permission is needed from the Standing Committee of the NBWL to take up any non-forest works inside a notified conservation reserve which the user agency failed to do.”

HIGH COURT DIRECTIONS

In the absence of statutory clearances required under the law, the user agency had clearly violated the provisions under the WPA and FCA. So, in the aftermath of filing of a PIL on this issue, the Karnataka High Court on 1.04.2022 directed the Karnataka Forest Department should look into the viability of the project and its impact on the river and the environment.

The High Court order said, “Regarding the construction of the jack well at the banks of Kali River, the KFD should look into the adverse impact of the project on the river and environment. Regarding the illegalities of the project, they should look into it and ensure the project is executed only after due permissions under the law is taken.”

The Karnataka High Court directed the petitioners to make representation to the KFD which will be considered by them and appropriate decision shall be taken by them in accordance with law expeditiously.

On 15.7.2022, the Kali Brigade, Dandeli submitted a representation to the PCCF (Wildlife) raising several queries on the issue:

  • Construction of Jack wells
  • Laying of pipelines
  • Dumping mud inside river course
  • Installing transformers
  • Use of explosives
  • Destroying the river flow
  • Impacting aquatic life
  • Destroying flora and fauna
  • Impacting biodiversity along Kali River

In their representation to the KFD, the organization has further said in the last five years, the water pipleline project has severely impacted the breeding grounds of the Marsh Mugger crocodiles in the Kali River at Dandeli. All this has happened due to the usage of explosives and construction of five jackwells in the Kali River.

Added to this, they stressed on the following impact:

  • The behavior of the crocodiles has changed
  • The crocodiles have become agressive
  • It has led to attacks on humans
  • Last 4 years, five humans have died in croc attacks.

In this background, they have further requested the KFD for preparation of an EIA report and conduct of public hearing on this drinking water scheme for six villages in Haliyal taluk by diversion of 3.434 hectares of forest land.

Before any permission is given to any such project in the Kali River, the KFD should also conduct a cumulative impact assessment study of the present burden on Kali River.

However, the question still remains, can the forest department withstand the pressure from powerful politicians like R V Deshpande in the Uttar Kannada district?

(PHOTO CREDIT: ALL IMAGES BY MILIND KODKANY AND RAHUL BAVAJI FROM DANDELI, UTTAR KANNADA DISTRICT)