There has been a painful experience of disoriented governance, causing serious damage to all the efforts in furtherance of “Make in Odisha”. The disturbing episode of the felling of trees in Balarampur of Dhenkanal district during late hours of the night reminded one of the East India Company’s ways and methods of plundering the wealth of India (or for that matter of Odisha). A beer factory is to be set up in this area. It required around 12.5 acres of land. The most efficient government machinery and its instrumentalities told the project proponent that a suitable area was available in Balarampur. The project proponent must have had a look at the area and found it lush green with certain locational advantages. As revealed by a newspaper, Dhenkanal Sub-Collector Pitambar Samal disclosed, “A forest patch spread over 12.5 acres was identified by Industrial Infrastructure Development Corporation (Idco), the nodal agency, for facilitating land for industries for setting up the beer factory”. If this is an honest disclosure, it reveals that areas are booked up for setting up industries without regard to environmental, forest and wildlife law considerations. The project proponent is likely to have proceeded with such form of holding out and gone on to invest a substantial sum. The area, in fact, included a full-grown forest of several types of valuable trees, including medicinal ones. It is reportedly recorded as a village social forest. None amongst the authorities in the State Government bother to realise that you cannot convert and use forestland into non-forest activities without prior approval of the Central Government under the Forest Conservation Act, 1980. There is an elaborate procedure laid down through several orders in the Godavarman case and subsequently in Lafarge and other cases. But this process is to be undergone only when it is found to be desirable in public interest to deforest an area, which should always be avoided, if possible.
On November 3, the foundation for this industrial unit was announced. Surely, by then, both the project proponent and the wise administrators and the political leaders would very well be aware of the fact that a rich forest is a part of the 12.5 acres, which cannot be put to non-forest use. Around the week ending November 17 and 18, clandestinely and surreptitiously merciless tree chopping by using electric saws was implemented on a war footing. There was full police bandobast. In the late hours of the night, hundreds of valuable trees were slaughtered. But this unbecoming measure on the part of a government machinery was opposed through a movement of villagers with women in the forefront. The “Chipko movement” of Odisha had become active. Ladies clung on to trees and prevented wanton massacre of the green forest. Despite the resistance, this attempt at “Make in Odisha” has seen around one thousand valuable trees lying in a chopped state. There was public agitation. No Palli Sabha had been conducted to determine the location of the proposed unit. State power had been utilised for subversion of Rule of Law. The police went the whole hog to protect the patently illegal activity of tree cutting and disqualified themselves from investigating the illegalities and the crimes committed by the State agencies as they became a party to the conspiracy against nature and against the people.
Interestingly, within about a week, the National Green Tribunal was going to hear the grievances of local persons regarding the location of the beer factory. This would have included the environmental hazards that shall entail. There is an element of overreaching the courts and frustrating the judicial process, which does not smack of good governance. There must be an unbecoming design to do things in this manner. Interestingly, a senior Minister of the Government told media that nothing was wrong in cutting the trees and the Idco and the Revenue department had given no-objection certificates. This further indicated the bizarre manner in which law and policies are interpreted. One will not be prepared to accept the bliss of ignorance causing such a statement. But if this is an honest belief, there is danger and hazard to good governance.
Odisha has several instances of industrial houses preempting the government. It is alleged that the Chief Minister laid the foundation-stone of an aluminum factory, which had no clearance from any of the regulatory authorities. The foundation-stone-laying ceremony was the basis of the assertion that the unit was about to take off. The concerned industrialist had a boost of the shares in the company. But the entire machination of taking the leader and the government for a ride became a painful experience for the society at large.
The latest news bulletins say that the beer project stands cancelled. The peril of the unit was that its location was at the wrong place and consolidation of its existence was through illegal methods. The unit deserves to be relooked at notwithstanding the allegation that the interested parties in the government; and the entrepreneur have to be hand in glove in such a brazen violation of the mandatory provisions of several laws.
As things are moving on, each of the authorities, in whom limited powers are reposed, is becoming law on to itself. They have thrived on the unholy nexus between money power, political power and well-manipulated executive power. The response of the Chief Minister has been a kneejerk one. Things have not been taken far enough to ensure that the author of the misdeeds and the implementers are isolated and booked. Public accountability is at a reasonably low ebb. The case under analysis is a simple one indicating what the rest of the bowl of rice has become scum. The case also indicates lack of adequate competence at the formation, both in the Secretariat and in the public sector units. Everything has proceeded on the presumption that the government is “almighty” and is entitled to deal with the wealth of the society (trust property) in whatever manner the authorities may please. Competence for an action may be there, but the exercise may not necessarily be rational and proper.
It is alleged and one must add that the Balarampur area has scarcity of water. If that be so, that will be yet another factor against locating a beer factory in the area. Sustainable development and inter-generation equity have now become axiomatic in good governance.
What concerns us more is the disturbing lessons of this individual case. It represents the manner of governance and the quality of governance. “Make in Odisha” should not land us in an environmental situation as in Angul, Talcher, Jharsuguda and many other areas. True industrialisation means not the quantum that you invest but the objects for which you invest and the manner in which you utilise your investment in industrial activity.
It is time that we demanded better governance and a more transparent government. It is time that the bureaucracy and political executive reoriented themselves to a meaningful walkout of the feudal citadel. Cases such as that of the beer factory at Balarampur should be studied and analysed for drawing the lessons to usher in rectifications and corrections. Let it not be mistakenly believed that the government alone knows how to govern.
(The writer, a Senior Advocate, is a former All India Service officer, a former diplomat, a former editor, a former President of Orissa High Court Bar Association and a former Advocate General of Odisha. jayantdas@hotmail.com )
