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Ultra-Luxury Villas in Shimla: MC imposes fine on Bemloe Builders, almost negligible

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Shimla Municipal Corporation imposed a penalty of Rs 22.73 lakh on Bemloe Builders for damaging 23 trees at the site of Ultra-Luxury Housing Project at Kanlog , Shimla. However, actual damages are much more than reported

Shimla-The public is all praise for Shimla MC after the news that it has slapped a fine of Rs 22.73 lakh on the Bemloe Builders for damaging trees at the site of its ultra-luxury housing project in Shimla. But, let us remind you that Bemloe Builders is just a proxy for real estate giant DLF. That means the amount of imposed fine, which is Rs 22.73 lakhs, is nothing more than some lose money for it. Moreover, the penalty considered only the damage done while carving a link road to the construction site for transportation of the construction material and not the overall damage. It’s apparent if you ponder over the whole plan and the amount that DLF would have spent to receive favors from BJP government to bypass laws.

We hope you know about the DLF Luxury Villas being constructed in an area of 6650 sq meter in the middle of a thick deodar forest. If not, you must go through the evidences of tree massacre and violations under the patronage of government.

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damaging trees

The situation was worse than it was reported. The number of trees was almost in hundreds, not dozens as media had reported.

A 6650 sq meter piece of land in the middle of a thick forest in the capital city even got the NOC for construction of villas from civic Shimla Commissioner A.N. Sharma, that too, in a single day, which is almost impossible if one goes by the state land laws and other official formalities. Even the Forest Department is under radar for permitting construction of road on the grave of trees.

RTI activist Om Prakash had sought registration of police case claiming that signature of people were forged to receive approval for the construction of road under the excuse of maintenance of the road from Parsi Cemetery to Old Brewery. RTI activist had exposed that some of the forged signatures even included the names of dead people, in addition to many others, who never lived in that area.

In this case, what more anyone would require to confirm the fact that the government machinery was just used as a money making business by the government servants at every level of hierarchy. After all, a private real estate tycoon is involved in the deal, wealthy enough to pay enough to the government personals to bend the laws.

There is no doubt; Bemloe Builders will get away with it, in one-way or other. It has DLF as its back, which has Robert Vadra, the son-in-law of Congress Supremo Sonia Gandhi. Hope, you got it.

The public will, as usual, confine themselves just to reading the updates in newspapers, but the day media would receive something more sensational, this news would disappear completely. Moreover, the Inability to associate themselves with such controversies and corruption is inherent in Indian public, and the corruption is like an accepted social habit. Except a few people, majority is either not interested in agitating for such violations and scandals or perhaps, they don’t find any appropriate reason to interfere except their personal wars. The people here are so ignorant, that they don’t even realize they live in a heavenly place like Shimla, which is getting uglier with each and every day, because it’s citizens don’t care about maintaining it.

This is just a single scandal, similar violations in property dealing has been reported from many other parts of Himachal. Government is making it feasible to sell of agricultural land to outsiders, which is not in accordance with the section 118 of Himachal Pradesh Tenancy & Land Reforms Act. Then the land allotted to private universities amounts for huge environmental damages. Deforestation is an inevitable event in such a circumstances. The queen of Hills would present one of the most ugliest scene in Himachal.

That’s how democracy fails. The public itself isn’t interested in seeking answers for such violations from their elected government. People can never unite here, because they can’t see beyond party politics. Rather, people fight against each other when they should be together, united to challenge the government. These politicians should be thankful to such a dumb public, which has always helped the politicians to take their turn to exploit their authority.

Madan has studied English Literature and Journalism from HP University and lives in Shimla. He is an amateur photographer and has been writing on topics ranging from environmental, socio-economic, development programs, education, eco-tourism, eco-friendly lifestyle and to green technologies for over 7 years now. He has an inclination for all things green, wonderful and loves to live in solitude. When not writing, he can be seen wandering, trying to capture world around him in his DSLR lens.

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Report bursts myth about ‘big encroachers’ in Himachal’s tribal areas

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Big encroachers in tribal himachal

Shimla-Himdhara Environment Research and Action Collective in collaboration with Zila Van AdhikarSamiti, Kinnaur, released its report titled, ‘Who Gains from the Forest Rights Act, 2006?’. The study conducted in the tribal district of Kinnaur, assessed 1351 Individual Forest Right (IFR) claims of 22 Forest Rights Committees (FRC) in the district where 132 FRCs have been formed.

The study found that 96.5% of these IFR claims were for less than 10 bighas of land and only 6 claims out of 1351 claims being of more than 20 bighas.

Jiyalal Negi, president of Zila Van AdhikaarSamiti, Kinnaur said,

The data shows that people are making genuine claims of land under their occupation mainly for their survival and not for grabbing land as is the notion that the administration holds.

The study looked at the landholding data of 417 claimants of the total 1351 showing that 67% of these have existing private land holdings under 10 bighas.

Negi further added that close to 26% of the claimants are in the category of Scheduled Castes, whereas they form only 17.53% of the total population.

The report also revealed that the average size of land claimed under FRA by the SC community is slightly more than the average land claimed by ST community. Prakash Bhandari from Himdhara Environment Collective emphasized,

If the IFR claims of 417 SC claimants studied are recognized, then the average land holding size would increase from 8.86 bigha to 11.47 bigha,

showing that a fair and just implementation of this Act could play a critical role in reducing land ownership inequities in the region.

The Forest Rights Act, 2006 was legislated to support the survival of tribal and other communities living in areas where dependence on ‘forest lands’ is high. The act recognizes the individual as well as community uses of forestland dependent communities.

The study by Himdhara Collective was carried out to challenge certain arguments posed by the administration in Kinnaur as well as some other areas, questioning the individual claimants on the grounds that they belong to already landed communities and would be grabbing more land.

With such arguments dominating political and bureaucratic discussions, the implementation of the Act has remained poor, where only 129 individual claims have been approved across the state

, said SonamTargay and Rigzin, representatives from Lahaul-Spiti.

The representatives from both districts recommended that it is high time that the pending files with State and District level Committees be expedited. They also emphasized on the urgent need of training that should be conducted for both the administration and political representatives to remove misconceptions about this very important act.

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Watch: Baddi’s Kenduwal dumping yard exposes hypocrisy over Swachh Bharat

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Baddi solid waste management plant

Solan: The government agencies in Himachal Pradesh are quite infamous for disrespecting court orders, especially those relating to environmental protection. This time, we have a case where the local civic body first created an illegal dumping yard on a site selected and cleared for an integrated waste management facility and now covering it with soil and mud after the matter reached the State High Court.

In fact, the government does only what the court orders it to do after activists or the common people file petitions. There is a very clear hypocrisy going on over the Swachh Bharat campaign, which is often used to gain political mileage.

So far, the government has given no sign about being serious when it says, “The government is committed to protect and preserve the environment and ecology of the State.”

The ground-level situation of Solid Waste Management (SWM) in Himachal Pradesh can be best used to demonstrate this hypocrisy by both the current and succeeding governments and the public itself. There is no limit to the callousness of the government agencies at both local as well as the state levels.

Baddi MC waste

If we take up a particular case, then Baddi-Barotiwala-Nalagarh area in Solan district is perhaps in the worst state. The Municipal Council of Baddi and BBN Development Authority (BBNDA) are responsible for the collection and scientific disposal of waste generated in the area. Both agencies had joined hands with a proposal of managing waste disposal in the BBN area.

The MC and BBNDA were supposed to establish a facility where collected waste could be disposed of scientifically. They had obtained the clearance for the same on August 13, 2015, and were allotted 42 bighas and 13 Biswas of land in Kenduwal.

However, as expected, the facility never came into existence. Instead, the MC and BBNDA began dumping MC waste at the selected site and turned it into a big open dumping yard. Within a couple of years, the life of the locals residing very near to this illegally created dumping site became a hell as every day they faced foul smell, flies, mosquitoes.

The nearest house is located merely at a distance of 30 meters while the Sirsa river floodplain is not far at about 100 meters from the dumping site. The locals, supported by an environmental group Himdhara Collective, approached the local civic body and the district administration several times with their grievance. None of the two disappointed the locals and, as usual, didn’t move a muscle.

About 1200 villagers wrote to the President of India after they were disappointed by their own government. 

The State Pollution Control Board confined itself to issuing repeated notices to the local bodies to solve the grievance of the locals. While the MC and BBNDA didn’t care about these notices, the HP PCB did not proceed to take proper action.

Very recently, the matter reached the State High Court pleading for justice.

In the interregnum, we direct that no garbage shall be dumped into the land owned by the present petitioner or dumped at any other site, save and except, in accordance with law. We further direct the Senior Environmental Engineer of respondent No.3 to visit the site and after inspecting the same, submit his report with regard to the compliance of the statutory provisions,

a bench of then Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goyal had said in its order passsed on October 4, 2018.

However, both responsible bodies violated these orders as well and continued to dump garbage at the same site. The villagers captured videos of the same and wrote an application to the Superintendent of Police, Solan. The SP was informed regarding the violations of the court orders.

Letter to the SP Solan by Kenduwal petitioner

Letter written by villagers to SP Solan

The Court directed the Senior Environmental Engineer of the HP PCB to file a status report regarding this matter within four weeks

As per the report of the Chief Engineer dated October 15, 2018, the MC, Baddi and BBND hardly collect 30-40 percent of total solid waste generated, which is about 50 tons per day in this case. The collected waste is dumped at Kenduwal while remaining can be found scattered near the BBN area.

HP PCB has repeatedly directed the Municipal Council and BBNDA to dispose of the waste in a scientific manner in accordance with the provision of SWR,

2016, the report submitted to the court said.

The Municipal Solid waste is being collected unsegregated and transported to MSW site at Kenduwal where it is being dumped unscientifically. Most of the time it remains exposed in an open atmosphere and sometimes covered with soil layer, which is a breeding place for flies, mosquitoes, rats etc. The nearest human habitation is a house located at about 30 meters from the boundary of the dumping site, whereas the flood plain of river Sirsa is about 100 meters away from the site,

the report said.

The court concluded that despite having a clearance for the proposed facility to dispose of this waste scientifically, the MC and BBNDA failed to perform their duties.

We have gone through the contents of the report and are satisfied that prima facie, Municipal Council, Baddi, as well as Baddi-Barotiwala-Nalagarh Development Authority (BBNDA), have failed to perform their duties towards collection of solid waste and its dumping in a scientific manner at the MSW disposal site at Kenduwal, for which requisite clearance has been already granted by the Ministry of Environment and Forests,

a Bench of Chief Justice Surya Kant and Justice Ajay Mohan Goel directed the MC and BBNDA.

The court also directed the local agencies to take immediate action on the report of the Senior Environmental Engineer.

We direct both the aforesaid Agencies to immediately act upon the report of the Senior Environmental Engineer and submit their respective compliance reports within four weeks. Any delay or defiance will be viewed seriously,

the court directed the MC and BBNDA.

However, the entire waste at the dumping site is being buried under mud and soil.

MC Baddi/BBDNA may be asked to transport the waste as per the past practice of disposing the waste to the Jaypee Plant in Sector 25 of Chandigarh or to Mars Envirotech Ltd. Lalroo (Dera Basssi), Punjab or setting up of ward level compositing/shredding machines till the erection, commissioning and time-bound setting up of Solid Waste Management facility at Kenduwal Baddi, for the cluster of Baddi-Barotiwala-Nalagarh area,

the report submitted to the court said.

According to the 2011 Census, the total pollutions of the Baddi MC and BBNDA area were 29911 and 29293 respectively while the total amount of waste generated per day was 25.50 tons and 20.30 tons respectively. The number of migrant labourers or workers from other states was not included in this Census. The populations in both the areas have increased by 2018, which implies growth in a waste generation too. But the responsible government bodies, as well as the district administration, are completely blank when it comes to the chapter on waste management. The Solid Waste Rules, 2016, do exist but only in papers.

The report of the PCB Environmental Engineer aptly proves it.

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Watch: Tribals in Kinnaur village blow off HPPCL, police allegedly trying to fool them over hydro project

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Lippa villager tribals vs hppcl

Kinnaur: The Lippa Village in Kinnaur is one of the several villages including Rarang, Pangi and Telang that are facing pressure from the Himachal Pradesh Power Corporation Limited (HPPCL) to allow them to start construction work on the 130 MW Kashang Stage II and III power project despite a stay given by the National Green Tribunal (NGT) in May 2016.

As per the villagers, the NGT had held that no objection certificate should be obtained from the affected village gram sabhas before issuing a forest clearance. However, the gram sabhas never gave any NOC as their individual claims under the Forests Right Act 2006 were not settled yet. However, the HPPCL claims it possesses the NOC given by the villages and trying to re-open the construction work using various pressure tactics, allege the villagers. The villagers question the Corporation from whom did it obtain the NOC.

On October 9, 2018, the HPPCL staff came to Lippa village with a heavy local police force to discourage villagers from protesting. What requires attention here that the district administration and the local police, thus the State Government, are assisting the Corporation in its bid to violate the court orders. Moreover, as seen in the video, a local police official was also seen arguing in support of the Corporation with the villagers when it wasn’t actually his job.

They definitely underestimated the villagers considering them mere bunch of tribals and tried to fool them.

However, they faced severe protests and demonstrations from the locals, united under the banner Paryavaran Sanrankshan Sangharsh Samiti. Eventually, the HPPCL staff and police force had to retreat after villagers stopped and reasoned with them.

Another fact that needs attention here is that the villagers reasoned with them legally. They were aware of all proceedings of the court as well as its directions to the Corporation. The Corporation and the police tried their best but couldn’t confuse villagers by flashing papers signed by the Deputy Commissioner of the Superintendent of the Police.

The work on the project cannot be started by HPPCL on account of the non-completion of the process under the Forest Rights Act 2006 in the area,

said members of the Samiti.

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The National Green Tribunal on May 4, 2016, directed the Ministry of Environment and Forests and the State Government of Himachal to place the forest clearance proposal in front of the affected Gram Sabhas for their perusal. The judgment was passed in an appeal filed by Paryavaran Sanrankshan Sangharsh Samiti Lippa against the forest diversion for the said project.

Lippa village picture

Lippa Village in Kinnaur, Photo: Manshi Ashar

The appeal was made on the grounds that HPPCL had violated the provisions of the FRA Act, which require a mandatory NOC of the Gram Sabha of villages to be affected by the diversion of forest lands for the project.

The judgment had concluded that “the Gram Sabha shall consider all community and individual claims” in the process bringing under it the cultural, religious, environmental and livelihood impacts caused due to the loss of forests and water sources.

The process of filing claims on forest land under the Forest Rights Act was initiated by the Forest Rights Committee of Lippa, formed for verification of the claims in the year 2016 itself. As many as 47 individual claims and one community claim were sent to the sub-divisional level committee (SDLC) Pooh, the Samiti said. However, the process of settlement under FRA 2006 has been slow due to the apathy of the administration and the State Government, the Samiti alleges.

It said that last month the District Level Committee has recommended the Community forest rights claim of Lippa whereas the Individual claims were not yet recommended. No specific objection or reason has been stated by the SDLC held on August 31, 2018, as to why the individual claims were being returned and not recommended. The people are in the process of filing petitions to the DLC requesting the SDLC to state the reasons based on which they have not been recommended.

Meanwhile, the Samiti alleges, the company, instead of waiting it out till this process is complete has been pressurizing the villagers to allow them to start work on the project in the area for which the forest rights claims have been filed.

In 2017, the State of Himachal Pradesh falsely contested in front of the NGT that despite sufficient time the claimants (residents of Lippa) have not submitted their claims and have not been cooperating, said the Samiti.

Following submissions from the Paryavaran Sangharsh Samiti that the claims were already under process, the NGT put on record in December 2017 and January 2018 that individual and community claims had, in fact, had been filed by the villagers.

It needs to be noted that the final judgment and subsequent orders of the NGT clearly state that the project proponent can approach the village for the consent of Lippa gram sabha on forest diversion for Kashang integrated project stage I and III only when the process of settlements of rights under FRA gets completed

Despite this, the HPPCL has used various pressure tactics on us to allow construction work. Various visits have been made by project authorities to the village to misguide and intimidate the people and begin work. On August 24, 2018, the Superintendent of Police, Rekong Peo issued a letter stating that the project proponent would have to be given police protection as they had completed all legal requirements as per the NGT orders. This is completely false,

said the members of the Paryavaran Sangharsh Samiti.

We are extremely troubled that instead of waiting for the process under FRA to be completed and following the spirit of this act of the Parliament as well as the NGT order, the company is misleading the police and seeking police protection against the interests of the community,

the members further said.

The Paryavaran Sangharsh Samiti Lippa also sent a counter to the Superintendent of Police with a point-by-point response on the false objections raised. The counter also stated that “in case of any violation we will be forced to file a complaint under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 and Amendment Act, 2018”.

The Section-3(g) of this act states that wrongfully dispossessing a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interfering with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation facilities…by a non-SC-ST person (without consent or against will) is a punishable offence.

Despite that, the police entered the village on October 9 to pressurize the villagers. However, after the protests and detailed deliberations, the official team and police were forced to return.

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