Safeguard Compliance Failure In ADB Bank & World Bank Funded Tata Power Project At Mundra, India - A Violation Towards Ocean Submerged Ancient Cultural Heritage Town Of Bhagwan Krishna.

 

Image One: The Sentinal -2 Satellite, took the photograph of the Gulf of Kutch scenario.  The Ancient Ocean submerged Dwarka Town of Bhagwan Krishna is shown here  in 3 yellow broken line circles. These three sites remain submerged under Ocean water. Just top of it in red circle broken line is the Tata Power Project, funded by the ADB Bank & the World Bank. The project,   facility station of water discharge and pumping station are both here. The red arrow  mark in the Ocean is showing the patch of "Dead Phytoplankton" and the green arrow is showing the volume of the  "Healthy Phytoplankton". The "Dead Phytoplankton" originates from the Tata Power  and moves down to the  ancient Submerged Dwarka City of Bhagwan Krishna. The first yellow circle edge line is almost covered by the "Dead Phytoplankton." There is also second cluster group of "Dead Phytoplankton" at the extreme right side. This is coming from other source, which needs further examination. But, the reason of patch of "Dead Phytoplankton" in between Tata Power Thermal Power Station to the ancient Submerged City of Dwarka, is the chemical contaminated hot water discharge station based at Tata Power. If compliance not done, then how ADB Bank can fund, closing its eyes!     

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                                                       Birendra K Jha 

( Practitioner Social Safeguard Law & Audit - Social Impact Assessment Auditor - Member Institute of Social Auditors of India- Contact email: birendrajha03@yahoo.com ) 

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The ADB Bank, World Bank and IFC all have failed in meeting the essential social safeguard compliance of cultural heritage protection. The social safeguard departments of all the three banks are not doing their work. Their essential duties had been  to get done the "Impact Assessment Audit of Project on the Heritage sites" as mandatorily required in the ADB Bank SPS 2009 Appendix 1, under the "Environment Section" and World Bank Compliance under ESS8. The ADB & World Bank compliance is essential, as the project site, is very close to the sensitive submerged ancient cultural town of Dwarka of Bhagwan Krishna. The Tata Project is  required to conduct at this site the  "Social Impact Assessment of projects operation  on this cultural heritage". This necessary compliance audit shall then allow to take advance countermeasure for protecting  the site from  the project impact. But, this essential compliance was not followed at Tata Power (known here  Mundra - Coastal Gujarat Power Limited- Ultra Mega Power Project). 

This compliance failure from the three bank sides, disclose, the need for capacity development of people looking safeguard monitoring. Not to mention, the Tata Power is a borrower of the ADB Bank, World Bank and the IFC. The three banks were needed  to issue instruction to the  Tata Power to get it done on priority and publish the report in the public domain. This compliance is also not appearing in the regular safeguard monitoring report. 

This is major lapse. The cultural sensitive physical property site, which  is located  at the Gulf of Kutch, is at loss and continuous threat. Since,  there is clear evidence that this project has damaged clearly the sea environment. So, there is no reason to dispute that this impact is not seen on the sea submerged cultural property. 

What is The Cultural Threat:  

The Phytoplankton is an important part of coral, mangrove ecosystems and survival of fish. The ancient heritage site of Bhagwan Krishna Dwarka is protected from 5200 years because healthy  Phytoplankton available in the sea has protected coral, mangrove ecosystems and fish. Phytoplankton and the entire green biosphere  provide a cooling and protective environment  around the ancient submerged cultural property site. But, the coral and mangrove of this site are dying  due to sudden ocean heat  and "Dead Phytoplankton". 

In 2020, while conducting Heritage Impact Assessment of  Bhagwan Krishna's Dwarka, a sudden loss of mangroves had been found at the Southern tip of the island, where  ancient city of Bhagwan Krishna is submerged. This alerted to get the site examined and audited deeply through the satellite to know the exact cause of the sudden loss of mangroves. 

Satellite Sentinel -2, color band frequency 4.1.1 has been used for detecting the loss of Phytoplankton (see image one - top side). The Satellite sensor detected two types of the Phytoplankton. The "Dead Phytoplankton" & the "Healthy Phytoplankton" in two different colors. The Satellite detected light red color patch as "Dead Phytoplankton", marked here with the red arrow in image one and "Healthy Phytoplankton" in dark green color marked here with green arrow.   

This Satellite report is very  important to understand the severe impact given by the project on environment as well as on the cultural site. The  "Healthy Phytoplankton" which has protected the ancient heritage site for more than 5200 years, are now dead suddenly. This sudden death, shall damage the ancient cultural property. This is showing in image, a patch in thick light red color. This is  "Dead Phytoplankton" spread from Tata Power Station at Mundra in North side of the Gulf of Kutch, to the Ancient Ocean Submerged Dwarka City of Bhagwan Krishna, situated at  the Southern side of the Gulf of Kutch. 

This sudden and unusual death of Dead Phytoplankton, has damaged mangroves and coral of the submerged Dwarka. As mentioned earlier, this is also clear threat for the ancient cultural property sites. As soon as the Phytoplanktons are dead, this is attacked immediately with acidic bacteria. The acidic bacteria, not only kills oxygen at fast rate, but is carried away to the mangroves during high tide, which kills the mangroves. Thus the acidic bacteria is dangerous not only for the mangroves, fish and coral, but damages to a larger extent the submerged cultural sites. It damages the walls and other cultural properties.    

In between 2013 to 2020, loss of mangroves, had been seen in this area (see image two). These are all man made created problems. The mangroves and coral of Dwarka are dying at fast rate. This is also killing fish. In large quantities fish float on the surface of sea water.  This situation if not controlled immediately, then Ancient Submerged Dwarka Town, shall be cut-off and the whole island with precious ancient cultural properties shall be washed away. 

The root cause of this problem dates back to 2013. This is the time, when Tata Power commissioned Super Thermal Power Station at Mundra. This project  is funded by the ADB Bank,  World Bank and the IFC. These three banks carelessly  funded Tata Power, without looking the essential compliance required under the social safeguard as listed here. The safeguard departments of these three banks, failed to apply mind and never monitored the essential social safeguard compliance needed to protect the heritage site. 

The contaminated warm water from the Tata Thermal Power Plant "Discharge Station", is  dumped into the sea with harmful chemical sludge (see image). This is killing oxygen in seawater at fast rate and abruptly kills the "Healthy Phytoplankton".  The Tata Power, gaint pumping station takes a  large amounts of seawater around 15.12 million cubic metre (mcm) per day of which 14.99 mcm is  for condenser cooling and 0.1278 mcm for producing freshwater at the desalination plant. The Environment Impact Assessment Report of Tata Power discloses, "the seawater is pumped at the end of an inlet channel, connecting Kotdi Creek in Mundra. The spent cooling water, which is  warmed to about 7°C above ambient sea water temperature, is discharged back to the sea through a discharge channel opening at the  Mudhwa Creek". This is not only hot water to about 7°C above ambient sea water temperature, but the  satellite has also detected  large amount of chemical contaminated sludge joining seawater. Hence, this EIA report is not independent & fair. There is no report of chemical contaminated sludge, joining the sea water. This  needs again independent third party honest audit.  

During water pumping for the thermal plant at the Kotdi Creek in Mundra, heavy water vibration is also seen which is also not  appearing in the report. 

This entire unusual situation, is completely man made. This unusual situation has damaged not only the ancient site, but fish of varied varieties are lost. Not to mention, fish of varied varieties had provided  secured environment to the ancient site of Dwarka for 5200 years. Now only "Dead Phytoplankton" are here. The "Dead Phytoplankton" remains stagnant in the water column. As said earlier, the bacteria that decompose the "Dead Phytoplankton" deplete the oxygen in the water, suffocating fish, coral life & killing mangroves. The result is total depletion of green biosphere. This is not good sign. 

What is The Compliance of Tata Power: 

The Tata Power, was responsible to conduct  Independent Third Party Impact Assessment Audit of Project on the heritage sites, as required under   the ADB Bank ( SPS 2009,  Appendix 1, Safeguard Requirements 1: Environment SR1)  and World Bank Policy, SESS8. 

This audit is pending from the ADB Bank and World Bank side. Without loss of time, the  bank should issue instruction to the Tata Power to conduct the Third Party Independent  Social Impact Assessment Audit and asses the damage given to the ancient Ocean Submerged City of Dwarka. This audit   should be fair, independent and without any pressure from Tata Power,  to avoid any suppression or change in the material fact. This needs, resources from Tata Power, to support this audit. This shall also be learning lesson, how to establish such business operation in sea coastal areas near  the heritage sites.     

Based on the audit report, the Tata Power, shall have to take necessary counter measure & corrective measures to protect the ancient heritage site. This needs requirement to take photographs and conduct "On-Spot" situation analysis through underwater Robot and physical inspection on damage assessment at the entire Submerged Dwarka sites.  After damage assessment & counter measure,  the Tata Power, ethically can be allowed  to conduct its business operation. 

Now, the first hand immediate compliance requirement is to conduct the Impact Assessment Audit of Tata Power business on the heritage site as per bank policy.

What is The Social Safeguard Compliance in Bank Policy: 

The ADB Bank, SPS Policy 2009,  contains compliance principle and requirements for taking Social Safeguard Protection of cultural heritage ( mentioned as "physical cultural resources"- PCR). Policy principles are provided under policy principle 11 of the Environmental Safeguards, and within SPS 2009,  Appendix 1, Safeguard Requirements 1: Environment (SR1). Policy principles for Physical Cultural Resources (PCR) are detailed in the SPS 2009 as follows:

(i) Conserve and avoid damage or destruction of PCR ( physical cultural resources).

(ii) Apply field-based surveys that employ qualified and experienced experts during assessments ( Social Impact Assessment Audit of Project on the cultural heritage ).

(iii) Adopt “chance find” procedures including a pre-approved management and conservation approach for materials that may be discovered during  project implementation. 

Though, "Physical Cultural Resources" is a "Social Asset". This is subject of Social Safeguard, but in the policy this is mentioned in the Environment Safeguard. 

The World Bank SESS8 also recognizes that cultural heritage needs to be protected with conduct of Impact Assessment Audit. The Guidance Note 6 of the World Bank says: "The requirements of ESS8 apply to cultural heritage regardless of whether or not it has been legally protected or previously identified or disturbed".

No body is against development. But development should not be at the cost of damaging the  "physical cultural resources of the entire human mankind". This is not a personal property. This is the asset of whole human mankind, what Tata Power should respect, without any dispute.

☝Image Two: The Satellite  has taken photograph  of 2013 and the impact of the "Dead Phytoplankton"  in 2020. The "Dead Phytoplankton" contaminated with acidic bacteria, not only kills oxygen, but completely kills the mangroves. This is the southern tip of the ancient Dwarka. This is very small area (see image eleven the red circle marked area in the picture of the vast submerged Dwarka ). In this area,  rich mangroves are seen holding this piece of land. Though this is "No-Men's Land" . Human entry is not permitted here. But there is some construction, which Gujarat Wakf Board claims its own property. The mangroves in yellow circle is completely lost. Similarly the curved red line mangroves have also died.  The impact loss of mangroves, justify that, this is the exact reason of loss of coral and vast amount of dying fish in the Ocean. This is the mischief source detected by satellite is the Tata Power discharge station. This is not only damage of environment, but ancient cultural site has also received the threat. Only after audit assessment we can know the damage.      

☝Image Three: The "Tata Power  Discharge Station" at Mundra site has increased the sea temperature and it carries  chemical silt which is passed into the sea accidently. The satellite image shows, the  immediate root cause of "Dead Phytoplankton" is the  chemical contaminated hot water discharge station of Tata Power.  

☝Image Four: Satellite detects harmful chemical sludge, showing in white patch at the discharge station. Shown here in yellow arrow at the  Tata Power  Discharge station. This sludge moves with hot water and meets the sea.  

☝Image Five: Satellite detects water unusual vibration shown in white light color at the yellow marked arrow. This vibration moves down. This is unusual atmosphere created by heavy water pump which has moved away fish from this location. The continuous water drawing and discharging hot water has damaged the Phytoplankton, as evidenced by satellite.

☝Image Six: Satellite detects large submerged Town of Bhagwan Krishna with large curved wall.In between wall enclosure ancient building construction is seen. Image copyright: Birendra K Jha

☝Image Seven: The ancient site is showing clear Archaeological evidence of grand wall with human settlement of the Ancient City of Bhagwan Krishna. Image copyright: Birendra K Jha 

☝Image Eight: White marble built ancient Archaeological building site under the water. Image copyright: Birendra K Jha 

                             ☝Image Nine: Large stone painting of Bhagwan Shiva at the submerged site. Image copyright: Birendra K Jha  

         ☝Image Ten: Large auspicious symbol in stone painting. A rare human heritage. This needs top protection from any loss. Image copyright: Birendra K Jha  

☝Image Eleven: One common wall covers the three islands. These three islands remained submerged under the Ocean water, throughout the year. Except the red round circle area, the entire ancient Dwarka City remains underwater. At red circle area, there is some construction. Now this site is under the control of  Central Government. This is now declared National Marine Park of India, where human entry is not permitted without license. Image copyright: Birendra K Jha