ISSN (Online) - 2349-8846

Polavaram Project
Violation of Constitutional Safeguards of Adivasis
E.REVATHI, M BHARATH BHUSHAN, PALLA TRINADH RAO

Vol. 49, Issue No. 9, 01 Mar, 2014

M Bharath Bhushan and Palla Trinadh Rao (ptrinadharao@sify.com) are convenors of

Adivasi Solidarity Forum and E.Revathi teaches at the Centre for Economic and
Social Studies, University of Hyderabad.

This is an appeal to withdraw amendments to the Andhra Pradesh Reorganisation Bill to

divide the tribal region by transferring scheduled villages from Khammam district to Andhra
Pradesh.

OPEN LETTER TO THE PRESIDENT OF INDIA

To,

Honorable President of India,

Rashtrapati Bhavan,

New Delhi - 110004

Sub: Appeal To Withdraw Amendments to Andhra Pradesh Reorganisation Bill to

Divide the Tribal Region by Transferring Scheduled Villages from Khammam
District to Andhra Pradesh

This is to bring to your attention our strong concern about the violation of Constitutional
Safeguards of Adivasis due to the Polavaram Project and proposed amendments to the AP
Reorganisation Bill.

One of the 32 amendments the Union Cabinet proposes to introduce to the Andhra Pradesh
Reorganisation Bill in the Parliament next week is the transfer of the villages in Khammam
district which would be submerged on account of the Polavaram project to Andhra Pradesh
state. The amendment seeks to transfer all the villages of the mandals of Kukunoor,
Veleirpadu, Burgampadu, Chintoor, Kunavaram, and Vararamachandrapuram to the new
state of Andhra Pradesh. All villages of Bhadrachalam mandal except revenue village of
Bhadrachalam comprising temple of Lord Rama also are proposed to be transferred to the
state of AP.
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We appeal to withdraw the hasty moves of according national status to the controversial
Polavaram dam and transferring the villages from scheduled area of Khammam to AP which
is in gross violation of several laws of the land making adivasi people victims of cultural
genocide. More than three lakh people belonging to Koya, Konda Reddy (ST), scheduled
caste and other communities dependent on land and forest are going to be affected by the
project. A great human tragedy and environmental disaster in the Eastern Ghats should be
avoided.

The cabinet decision on AP Reorganisation Bill with regard to Polavaram project and the
proposed amendments to it are arbitrary and in violation of Article 244 that provides
mandatory process for administration and control of the Scheduled Areas in accordance
with the Fifth Schedule which require consultation and approval of the Tribal Advisory
Council in the State.

The Polavaram project is in violation of The Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which provides for “land for
land” in command area for the affected people under irrigation projects and protection to
ensure that “all benefits, including the reservation benefits available to the Scheduled
Tribes and the Scheduled Castes in the affected area shall continue in the resettlement
area”. It is also mandatory for obtaining prior consent of concerned Gram Sabha or the
Panchayats in the Scheduled Area under Panchayat Extension to Scheduled Areas Act
(PESA) 1996.

We appeal to reject the proposed amendment due to the following reasons:

· The Koya tribal community inhabiting inter-state borders of AP, Chhattisgarh and
Odisha, which is already affected by violence and witness to large scale internally
displaced populations from Dantewada (Chhattisgarh) to neighbouring Khammam
district in AP, is faced with demographic and political pressures affecting peace and
harmony of the region.

· Large scale displacement in this very tribal region, submerging 276 villages in AP
alone as per official figures, poses serious threat to the ethnic, linguistic and cultural
identity of the Koya tribe. Displacement of the scheduled tribes under Polavaram dam is
a violation of human rights and is without consent and consultation of the tribal
population.

· The proposed amendment to the AP Reorganisation Bill to transfer villages belonging

to seven mandals in scheduled area of Khammam to the new state of AP lacks consent of
the Tribal Advisory Council. Historically the scheduled area of Khammam district has
been part of the state of Hyderabad and Koya identity is likely to be disturbed if they are
divided into two states.

· We also draw your attention to the fact that Polavaram dam is highly controversial
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with several cases pending in the Supreme Court of India owing to objections from
neighbouring states like Chhattisgarh and Odisha and also environmental and adivasi
groups.

· The Polavaram project is also notorious for the allegations of corruption, phenomenal
cost escalations and irregularities highlighted by sections of ruling and opposition
parties as well. The tenders for dam head works have been cancelled time and again due
to orders of the High Court. The proposed amendment for transferring tribal villages
from Khammam district to Andhra Pradesh championed by the contractor-politicians of
the very Polavaram dam indicates the pressures and vested interest of the move.

· Polavaram project is also in violation of the National Tribal Policy which states that
“any project which displaces more than 50,000 tribal people should not be taken up”.

· Polavaram Project lacks the mandatory approvals including - clearance for revised
costs by the Expenditure (Finance) Committee; Central Electrical Authority’s clearance
for power component; Approvals from gram sabhas in the submergence areas in Odisha
and Chhattisgarh states required even in the case of construction of dykes and
protection bunds; Approval of Forest Conservation Act for submergence areas in Odisha
and Chhattisgarh states (dykes etc including); Techno-Economic clearance from the
Central Water Commission (CWC); CWC approval for dam design and operation
schedule; Planning Commission’s approval for revised costs.

We submit that proposed amendment to divide the tribal region without consent of the
affected people of the Scheduled Area by transfer of seven mandals of Scheduled Area in
Khammam to the state of Andhra Pradesh as a precondition to Andhra Pradesh
Reorganisation is unethical and is a gross violation of rights of the most vulnerable people,
the Adivasis.

We appeal to the Government of India not to take any decision effecting transfer of villages
of the Scheduled Area in Khammam district to the state of Andhra Pradesh as the tribal
people are apprehensive that such transfer is being hastily pushed only to allow likely
violation of their rights under the Polavaram project in the new state.