You must Sign In to post a response.
  • Category: Opinion About

    How to claim Compensation for the loss caused by a big industry?


    Worried how to fight for compensation for the loss of livelihood due to the establishment of industries? Check this webpage to know how to go about and our experts would guide you here.

    Sir, we are the people from Assam, Lepetkota. In our place, the BCPL, Gas cracker one of the biggest Polymer project was established in 2006. Before the establishment of the project, there were a big tea garden and biggest orange garden of Assam. And near of it, there is a river, called "Sesanoi". Now the main thing is that before thousand of people livelihood depends upon those tea and orange garden, and thousand of the family depends on the fishing from the River. But after establishment all are destroyed, also fish catch from the River are not suitable for eat. In one sentence the nearest people lost their livelihood. But the government and management of industry don't take any necessary step to solve their problem. So sir, what we can do for the compensation? What we demand as a effected people?
  • #151160
    When the industry is being established the management has to apply for State and/or Central pollution control boards for getting consent for an establishment. At that time the Pollution control board will scrutinise the application and see what are the losses to the habitation there and what are the losses to the natural resources. The management has to submit their plan of action to see that the natural resources will not get spoiled and lane also will not get affected. Then the PCB has to conduct a public hearing and ask for the public opinion also. PCB should conduct sufficient studies to understand the proposal and see that there will not be any damage to natural resources. So if there is a deviation from the proposal they made and the implemented procedure they are liable to be punished. SO you have to make a written complaint to the PCB concerned explaining the problem in detail. You can take the help of an expert in pollution control measures and effluent treatment procedures. A copy of the same can be submitted to local MRO, District Collector, SP of the District, State government, Inspector of Factories and Industries department. Instead of making a single person complaint see that all the suffers are also a part of the complaint. A copy can be forwarded to the company also. The company may try to pacify one or two important persons and try to see that the issue will die automatically. So the leaders who are leading this process should be good and should have good nature and see that everybody will get benefitted. Follow up the issue by the selected committee from the suffers and see that some action will be taken at the earliest.
    If there is no response from any of the above, you file a case in the High court and sue the company. You have to use a good lawyer and see that he will fight for you. Some lawyers act as hand in glove with the management expecting some favours from the company. So you should be careful in selecting the lawyers also. Initially, have a meeting with all the victims and make a committee with the people who really have concern for everybody. Don't include any politicians and government employees. Then start the process. You will be getting the required compensation I suppose.

    drrao
    always confident

  • #151161
    A.I have read your query and done some research. What you hope for is not going to be easy. There are many such stories in the Industrial history of India that have become ecological disasters. Among the worst sufferers were the people of Sukinda Valley of Orissa due to chromite ore mining and Vapi in Gujarat.

    B.Firstly, from what you say it looks like the industrial giants have colluded with the State government officials to flout norms. You cannot fight this alone because it is too big a task to be handled. Moreover, the Brahmaputra Cracker and Ploymer Limited, BCPL is a Government of India enterprise. If you have to take on the state and central government, you need enough evidence and backup to do so.

    C.The BPCL was set-up 15 Kms from Dibrugarh as part of the historic Assam Acoord of 1985 to bring socio-economic development. It's key players are GAIL India, OIL India, NRL, and Government of Assam.
    i).It has the environment clearance (http://www.bcplonline.co.in/pdf/Environment/ENVIRONMENTAL%20CLEARANCE.pdf),
    ii). does regular monitoring (http://www.bcplonline.co.in/pdf/Environment/LATEST%20ENVIRONMENT%20MONITORING%20DATA.pdf).
    iii).As per the 6 monthly Enviornmental compliance report, it seems to meet the compliance criteria.(http://www.bcplonline.co.in/pdf/Environment/LATEST%20SIX%20MONTHLY%20COMPLIANCE%20REPORT.pdf).

    D.If you still want to go ahead, you need
    1. Evidence of the native people being displaced
    2. Statistics of air quality, ground water, existence of farms before the industry started and the degree of pollution that exists now.
    3. you need a good team of native people who have all suffered, so that you have enough representation
    4. you need photographic evidence of all the adverse effects the industry and its pollutants have caused.
    5.The services of good NGO's that are passionately committed to fighting for the people and for the nature.
    6.Good contacts in the media ( TV,internet and paper) who can represent your arguement in an orderly manner.
    7. A team of excellent lawyers who are experts in public interest litigation.

    E. So, first gather enough evidence which would be maps, old government land recorded, water table and ground water sources. Water,air and soil tests prior to the setting up of the industry,

    F.The now find a reputed organisation, that can assess the land, air and the river water quality and the drinking water to assess the level of pollutants and the toxic minerals in water. Government hospital records that have the outpatient and in-patient admission and diagnosis related to Industrial pollution associated illness when the people are exposed to bad air, water and food sources.Please also get the fish caught from the river examination by reliable sources for the contaminants and heavy metals.Next, make a list of the thousands of people who are affected.

    G.Once you all this please verify who the land was acquired for the industries. You need to have the copies of the original records as to how the land was acquired prior to 2006. I say this because, in India such large land acquisitions should meet the guidelines laid down by the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT (this replaced the old Land Aquisition Act of 1984).
    Your legal team has to scrutinise the documents and see whether there have been breaches in the compensation, rehabilitation of people etc. If you find irregularities, then your case becomes more stronger.


    H. One the whole, you need to get a detailed report ready something like this(http://cpcb.nic.in/displaypdf.php?id=TkdUL0ZpbmFsX0FwcHJvdmVkX0RyYWluX1JlcG9ydF8yNy4wMy4yMDE3LnBkZg==). You can refer to the detailed cases of People suffering from large scale pollution from this website (http://cpcb.nic.in/ngt-court-cases/).

    I. Next, approach the Regional Office, Guwahati, Pollution Control Board Assam,Milanpur, West Jyotinagar, Bamunimaidam, Guwahati, Assam 781004. for help. Specifically, check out the
    i).'ZONING ATLAS' as to where your area fall in
    ii). The category of the industry, does it fall under the 'Red'- heavily polluting Industries.

    J. Once you have all the relevant details in hand, as a delegation of people with your local leaders of various communities and local politicians, try and meet the Minister for Enviornment and Hill areas development ministers. There offices are in Janata Bhawan, Dispur, Guwahati, Assam.

    Meet them, explain your plight and what solutions you are expecting in terms of jobs for the affected people, cash as compensation, medical expenses etc.

    K.You need to have patience and dedicate time to regularly follow-up. Use the power of social media and the news media to highlight the case and your suffering. Meet one of the popular TV channels, like the newshour or republic tv who can verify your claims and bring attention to this case.

  • #151169
    With the set - up of such an industry, there appears to be violation of pollution - control norm resulting in chemical - contamination of fisheries. The main area of concern is the health of the people residing in the nearby areas.
    There is the possibility of ejection of gases and chemicals from the chimney causing heavy damage to crops due to dust and chemicals settled finally on the nearby lands.
    Now, you have to approach the people of the area and they are to be taught regarding the severity of hazards causing pollution of land, water and air.
    You may meet the local MLA and apprise him of the concern of the people.
    You may meet the staff of a laboratory conducting different tests with respect to contamination of lead, arsenic, mercury in the water and similarly the presence of harmful effluents in the air. These copies are to be submitted to MLA, District pollution Board and finally to the Regional - office Guahati for the redressal of the problem.
    Since the entire population of the area is affected including the animals and hence awareness of the people in tackling such a problem would bring about a favourable result in due course.

  • #151170
    Whenever such projects are established by the Govt in virgin non industrial areas, these problems crop up. This is not a new thing. That is why in many such schemes the local people do agitation and pressurise the Govt to withdraw the scheme. Though most of the times in the name of country's progress the Govt goes ahead.

    Now that phase is gone. At the present juncture you can only get the company penalise if they are not following the pollution and environmental norms.

    For this the awareness in local persons backed up with the evidence of ill effects on the ecology of the area are required. Only after that you can make a written complaint to concerned department in Govt against the company and ask for compensation in form of employment or one time financial grant to the local affected people.

    As already explained by other respondents to your question, this task is very tough because a lot of time has gone and there is no hue and cry till now by the local people in this matter. Remember that silence is taken as a sign of acceptance.

    Another effort which you can make is raise this issue through an elected politician of the area who can raise it in legislative assembly and also in parliament if it is really a genuine issue. Raising levels, sometimes helps in these crucial and high level issues.

    Thoughts exchanged is knowledge gained.

  • #151171
    I have read the question. All over the world, such industrial giants are destroying the nature. It is not new in your case. These companies get clearance from the environmental angle by various unfair means (which I don't want to elaborate) and then destroy the nature and livelihood of local people. At the same time, good projects don't get environmental clearances because the management of such projects doesn't grease the palms of the influentials. Fortunately, in our country, this tendency has been minimized at present.

    So, what should you do now? You must contact a reliable NGO so that they can take up your case. Many dishonest NGOs collect money from affected people and leave the scene. So, please chose NGO very judiciously and with the help of the NGO, you must file a Public Interest Litigation (PIL) before the Supreme Court. Try to give adequate adverse publicity to the wrongdoings of the company in good newspapers and television channels.

    The battle would be long-drawn and tough, but it can be won if proper and prudent steps are taken by local residents unitedly. Unity is very important for this purpose. Such companies always try to break the unity of people by playing the divisive game.

    Non-violence is the greatest Dharma; So too is all righteous violence.

  • #151173
    This is definitely going to be long battle between the public at one side and the powerful state at the other. Simple agitations and processions will not be much helpful in this case as the industry is long established in the region and so far no such protests or outcries from public were there in the past.

    Anyway there are still ways to fight it, only thing is reliable and authentic data on pollution and ecological changes in the area due to the said industry are to be scientifically assessed and presented to the concerned authorities. For this you may have to seek help of local NGOs or some influential business people who can contribute toward the expenses on this account. You can not manage all this from your limited end as we do not know how long the case or fight will be lingering on one pretext or other from the defendant (the company) side.

    We have to find out the difference of yield in crop or other such parameters in the vicinity of the plant and other far off places but in the same eco-system. Samples of soil and water supposedly affected by the said industry are to be taken and results are to be certified and documented for putting up in favour of the claims to be made subsequently.

    All said is done, what we are going to ask in compensation? Scraping the industry from that place - which does not seem to be a possible action by the Govt until unless a large scale health hazard has been done to the public. Employment for the people - yes that seems a possible negotiation or bargain from their side if they loose the case in pollution control board or court of law. Do not settle for a one time meagre financial compensation as that will be a temporary solution not helping the local people for a longer time.

    The company may also agree prima facie for incorporating environment friendly measures in the area to restore the ecology and that should be considered as a welcome move.

    You will have to take the opinion of some learned lawyer also in the matter as everything ultimately falls in the purview of law. The local politicians are of a great help in such matters as they are always in search of such opportunities related to their own career growth.

    Knowledge is power.


  • Sign In to post your comments