The Hindu : Soft drinks row: JPC report may force Government to take a fresh look

Online edition of India's National Newspaper
Tuesday, Feb 10, 2004

Kerala

Kerala

Soft drinks row: JPC report may force Government to take a fresh look

By Girish Menon

THIRUVANANTHAPURAM, FEB. 9. The recommendations of the Joint Parliamentary Committee (JPC) on the soft drinks controversies would force the State Government to look afresh at the Plachimada issue, especially that relating to drinking water, environment and recharging of ground water resources.

The JPC, in its recommendations relating to the Plachimada, has directed the State Government to intervene and resolve all the issues, including that related to the environment. The JPC, taking note of the Hindustan Coca- Cola (HCC) Beverages Pvt. Ltd.'s pending application for alternative sources of water and power, said that the State Government should bring in necessary amendments to the groundwater laws making it mandatory for those using water for commercial purposes to recharge groundwater to the maximum extent possible.

The committee, which included E. Ahmed and Ramesh Chennithala as members, indicted the soft drink companies for their failure to sufficiently recharge the groundwater levels after extracting huge amounts of water. "The committee finds that huge amount of groundwater is being extracted by both the Coca-Cola and Pepsico plants in Plachimada and Palakkad respectively and that the efforts made in recharging the water are not commensurate enough. While the Hindustan Coca-Cola plant is recharging water to the extent of 50 per cent of the total water used, the position is far from satisfactory in the case of the Pepsico plant, which is recharging merely 10 per cent.

Taking into account the importance of preserving groundwater resources that are vitally important for all sections of society, the committee strongly recommends that the provision in this regard needs to be incorporated in the relevant Act, making it mandatory for those who use the water for commercial purposes to recharge ground water to the maximum extent possible."

The committee expressed surprise over the low rates paid by the soft drink companies for extracting huge quantities of water. Expressing its concern over the excessive use of groundwater, the committee found that the companies were not being charged anything for the water they consumed. "They pay are a petty amount as water cess levied by the State Pollution Control Boards under the Water (Prevention and Control of Pollution) Cess Act, it said."The States do not seem to have a uniform procedure in this regard. In some cases, industries located in industrial development areas are charged for use of groundwater at rates decided by the concerned States. There is no such practice in some others," it said. Taking note of the Kerala High Court's observations on the powers of the panchayat and the State to protect groundwater from over-exploitation, the JPC called for proper laws to regulate the overuse of groundwater.

The JPC expressed dismay at the "failure" of the Central Ground Water Authority's (CGWA) to take concrete steps to properly regulate or coordinate the extraction of groundwater for industrial purposes. It wanted the CGWA to take immediate steps to impress the State Governments also to take regulatory steps.

Water being a State subject, the central legislation cannot be enacted unless the concerned legislatures pass a resolution and only a few States have enacted laws to regulate over-exploitation, it said.

The JPC wanted the Ministry of Water Resources to get the States regulate the use of water for commercial purposes and fix the price for water after taking into account the price being charged for water used for domestic purposes.

It said that the Hindustan Coca-Cola company should take into account the strong sentiments of the local people and the various environment issues positively. "The State Government must intervene in this regard and take necessary steps to resolve this serious issue," it observed.

The JPC suggested that the Monitoring Committee on Hazardous Waste Management, set up by the Supreme Court, should be entrusted with the task of monitoring the discharge of effluent sludge in the Plachimada unit owned by Hindustan Coca-Cola and in the Palakkad unit owned by Pepsico.

Interestingly, the JPC took up Plachimada for examination in the context of the running controversy even though it did not form part of the terms of reference. The JPC report would be much debated in the coming days now that the Opposition LDF has demanded closure of the plant on the basis of its recommendations.

The Chief Minister, A. K. Antony, has said that the Government is not averse to resorting to legal steps against the cola companies. He said that the Government would not hesitate to correct any mistake committed by the previous LDF Government.

The onus is now on the State Government to take an appropriate decision, which would be transparent and would address the concerns of the local people.

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