SIBLAC petitions Governor with demand for action against Law Secy

GANGTOK, 07 May: Sikkim Bhutia Lepcha Apex Committee has petitioned the Governor with a request to initiate immediate action against Law Secretary, RK Purkayasth, for what the organization believes was insensitive and incorrect advice to the State Government on the Tashiding Hydroelectric project. SIBLAC believes that Mr. Purkayastha was misleading not only the government, but also the judiciary on this project.
SIBLAC convenor, Tseten Tashi Bhutia, told the reporters today that a memorandum was submitted to the Raj Bhawan and the Chief Secretary yesterday urging them to take immediate action against the Law Secretary.
SIBLAC is offended by the legal opinion given by Mr. Purkayastha to the State Government on Tashiding HEP. This, after the high-powered committee chaired by the then Chief Secretary did not make a clear recommendation on what the government should do about this project. The committee, instituted to study hydel project proposed on the Rathong Chu in West Sikkim, had recommended the scrapping of two projects and not given a clear verdict on Tashiding HEP. Two projects, Lethang and Ting-Ting, were scrapped by the government.

High Court attaches costs on MoEF’s delay in filing counter affidavit on Tashiding HEP land acquisition case

GANGTOK, 29 Oct: With the Union Ministry of Forests having failed to file its counter affidavit within the stipulated time frame as provided by the High Court, the court has directed costs of Rs. 5,000 on the central ministry only after which it can now file its counter affidavit.
On 17 October, counsel for the central government, Karma Thinlay, sought more time for the Ministry to file its counter on a petition which challenges the method of land acquisition resorted to by the state for the Tashiding hydro project in West Sikkim. His submission was that the counter has to be prepared in New Delhi. The court then directed that the amount be deposited within 4 weeks. During the last hearing, the court had given 4 weeks as last opportunity to file the counter affidavit on behalf of the Ministry of Environment & Forests.
This came about in the petition filed by a retired Forest official, Thupten Kalden Bhutia which challenges the process of land acquisition and alleges violation of the Land Acquisition Act, 1894 by the state respondents. The petition alleges unnecessary invocation of the urgency clause by which public hearing is dispensed with and more importantly, the petitioner has also challenged the “public purpose” grounds on which the land was acquired.
The land acquisition notification issued by the Land Revenue department dated 26 July 2010 and 26 May, 2010, which are being challenged, notify the acquisition of land for the 97 MW Tashiding hydro project by SPDC in the blocks of Tashiding II, Gerathang, Lebing, Chungbing and Omlok in West Sikkim. The notification further states that as there is urgency to acquire the land the section 5A of the Act will not apply.
This particular clause requires the state to first seek a hearing of the affected parties. Not only does the petitioner claim that he was not issued any notice on the acquisition he also challenges the claim of urgency on the part of the state. It is further alleged that the SPDC was only acquiring the land on behalf of the project developer, Shiga Energy.
It is stated that the petitioner’s ancestral property was acquired by the state for the project which is informed to be around 5 hectares in Tashiding. The petition first came up for hearing earlier in March this year.

State Govt given 4 weeks to file counter affidavit on petition challenging Tashiding HEP

GANGTOK, 24 July: The petition filed by Sonam Lama and Chewang Tenzing challenging the Tashiding Hydro Electric Power Project on the  Rathong Chu came up for hearing today in the High Court of Sikkim. While the State government sought six weeks time to file its counter affidavit, the division bench of the High Court allowed it four weeks instead and directed that any rejoinder thereof by the petitioners be filed in another three weeks.
Advocate for the petitioners, Sunil J. Mathews, also prayed for an ad-interim stay on construction and implementation of the Tashiding HEP during the pendency of the writ petition.
The Division Bench headed by Chief Justice Permod Kohli turned down the request. The court observed that an ad-interim order cannot be passed at this stage and pointed out that the construction of the Tashiding Hydro Electricity Project will be subject to the outcome of the writ petitions.
The Tashiding Hydro Electricity Project is being developed by Shiga Energy Private Limited, which filed its counter affidavit through its Senior Counsel, A Moulick today.
Also today, the court allowed Power Trading Corporation of India’s plea to be removed from the list of respondents.

Sikkim BJP president raises Tashiding HEP issue

SUBMITS MEMORANDUM TO CHIEF SECRETARY
GANGTOK, 13 Mar: Bharatiya Janta Party’s Sikkim unit president, Padam Bahadur Chettri, submitted a memorandum of queries to the Chief Secretary on Monday on the closure of the 99 MW Ting Ting HEP and 96 MW Lethang HEP.
While releasing copies of the memorandum and attached documents to the press today, Mr Chettri stated that if the Chief Secretary is not able to take satisfactory action within one week, then he would approach the Courts or other appropriate forums “in the interest of the people of Sikkim”.
Addressing the press conference today, Mr Chettri pointed out that the government notification on the closure of the two HEPs states that this was done in ‘public interest’. On the same, he demanded that the State Government define ‘public interest’ in the context of the scrapped projects.
He argued that three hydel projects were cleared for the same river – Rathong Chu - but despite strong protest by Save Sikkim to have the Tashiding hydel project scrapped as well, the State government has not done so.  
“If public interest is the criterion, then Tashiding project is not less important. Recently, jhakris and activists were arrested and the area is in a sinking zone with dense population. Why did the Sikkim government not consider the ‘public interest’ of the Tashiding people?”, asks the memorandum.
Mr Chettri has further asked the CS for a copy of the report of the Review Committee instituted by the State Govt for these projects.
The BJP president mentions that the inhabitants of Dzongu opposed the hydel projects and went on hunger strike for more than 900 days but the Panan hydel project there was still not scrapped. He expressed that the Lepchas of Dzongu deserve more protection than any other people in Sikkim. He also alleged that the Sikkim government contravened the conditions of the grant of Environmental Clearance by keeping the Labor Colony and staff within Dzongu.
Mr Chettri questioned that if the two hydel projects [in West Sikkim] had to be closed eventually, then why were they started in the first place? He contended that if a proper and effective public hearing was conducted, the government would not have had to take such steps.
In fact, the Sikkim BJP sees a conspiracy in such moves, convinced that huge sums of money would change hands due to the financial liabilities coming on the govt because of the scrapings. Mr. Chettri alleged that just as the SPDC was servicing a loan taken out by supposed hydel developer Amalgamated Transpower India Limited, for a project which never happened, something similar might transpire in the two projects scrapped in West Sikkim as well. He announced that should something like this happen, he would file a PIL.

Coordination committee formed after Power Minister meets Tashiding HEP affected

NO PROTEST FROM AFFECTED LAND OWNERS, INSISTS PANCHAYAT PRESIDENT
GANGTOK, 13 Dec: Coordination committees were formed today to take up matters of general public interest and for the proper implementation of the Tashiding Hydroelectric Project, West Sikkim. The Power Minister, Sonam Gyatso Lepcha, along with the area MLA, Yuksom-Tashiding constituency, Dawcho Lepcha, are reported to have toured the area and met with the affected people there today.

ASESEUA extends support to Save Sikkim protest

GANGTOK, 20 Nov: All Sikkim Educated Self-Employed & Unemployed Association [ASESE&UA] has extended its full support to Save Sikkim in their protest against the Tashiding Hydro-Electric Project.

NSUI comes out in support of Save Sikkim

GANGTOK, 20 Nov: A team from the National Students Union of India, Sikkim-branch, met members of Save Sikkim and discussed matters related to the Tashiding HEP tunnel work in West Sikkim, informs a press release issued by Sikkim president, NSUI, Binod Chhetri. Extending support to the organisation the release expresses “We will support them in each and every step and we also appeal to the people of Sikkim and all students to support their movement”.

Tashiding HEP protestors approach Governor

SCRAP PROJECT MEMORANDUMS SUBMITTED TO GOVERNOR AND CHIEF SECRETARY

GANGTOK, 18 Nov: Save Sikkim, an organisation formed by a section of the residents of Yangthang, Tashiding and Yuksam in West Sikkim to oppose the 97 Mega Watt Tashiding Hydro-Electric Project being undertaken by Shiga Energy Pvt Ltd below Tashiding under Yangthang constituency in West Sikkim, today submitted a memorandum to Governor Balmiki Prasad Singh and the Chief Secretary demanding that the power project be stopped immediately.

Protest grows against Tashiding HEP, area MLA approached

NAMCHI, 17 Nov: The 97 Mega Watt Tashiding Hydroelectric Project being undertaken by Shiga Energy Pvt Ltd below Tashiding under Yangthang constituency in West Sikkim  has attracted the protest of the local people. The public there had demanded that the power project on the Rathong Chu, work on which began around six months back, be immediately stopped. They claim that their demand is based on religious and scientific grounds.