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FIR against Shimla MC in Yug murder case for risking lives of citizens by supplying contaminated water

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SHIMLA MC Fir in yug murder case

SHIMLA- Some officials of Shimla Municipal Corporation are sure to face wrath from court and corporation itself as police has registered an FIR at Sadar Police station for a negligent act that could have led to spread of epidemic or other infections lethal to human life. The FIR under provisions of Water (Prevention & Control of Pollution) Act 1974 was lodged on CID’s report in which it was stated that the remains of 4-years-old Yug Gupta’s body were recovered from inside and around the Keleston-based SMC water tank that supplies water to a large portion of city population.

Also Read : Skeleton of missing Shimla kid recovered after 2 years from MC water tank near Bharari

According to DSP (CID) Bhopinder Bragta, pieces of skull were recovered from tank’s surrounding while some bones, a concrete slab, and pieces of plastic rope stained with red and brown colors were found inside the tank.

SMC had submitted affidavits claiming cleaning of Keleston water tank as many as four times during 2015-2016 including twice in the current year, which apparently suggest shoddy work by SMC officials in papers only. Otherwise the staff must have definitely spotted the skeleton in the tank. Similarly, SMC claims to have cleaned all 47 water tanks in wake of jaundice outbreak.

Besides Water Act 1974 (section 42 and 43), the FIR also mentions registration of FIR under IPC Sections 269, 270, 271, 217, 218, 34 IPC.

Also Read: Demand for Shimla MC dissolution in HP Assembly for failure to provide safe drinking water

Under these sections, SMC is charged with disobedience to quarantine rule, public servant disobeying direction of law with intent to save person from punishment or property from forfeiture, public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture and acts done by several.

According, DSP Bragrta, on the basis of disclosure of accused Vikarant Bakshi, who was arrested last Sunday, search of Municipal Corporation drinking water storage tank situated at Keleston Bharari was conducted in the presence of witness, the SFSL, CID Special Investigation Team and I & PH staff.

Also Read:Yug Murder Case: Possible torture to death, drowned alive, suggests initial investigation, protest erupts in Shimla

SMC Report Expected Today

No-Locks-on-MC-Water-Tanks,-No-Provision-for-Security

Keleston-based SMC Tank from which remains of Yug were recovered

After remains of Yug were found from the tank and from its surroundings, the SMC Commissioner had order probe into the cleaning of 12-lakh litre capacity Keleston water tank to fix the responsibility and the Assistant Commissioner of the Shimla Municipal Corporation, Prashant Sirkek, is expected to submit its inquiry report on August 29. SMC will also disclose names of the officials responsible for cleaning of the tank. Employees including S.D.O and J.E. could face action.

Also Read: Angry mob at Shimla Court Complex roughs up Yug murder accused

Order to Clean, Install CCTV, Fence and Lock all Water Tanks Again

Panicked SMC has order re-cleaning of all 47 tanks after Yug Gupta case brought their callousness and shoddy work into limelight. Surprisingly, earlier none of Shimla’s water tanks were protected from intrusion by unwanted and unauthorized people anyhow. However, now SMC has started installing mechanism to lock the tanks, install CCTVs along with fencing the tanks.

Condemnable Silence of Mayor and Deputy Mayor

Despite such carelessness, serving water from a tank contaminated with decomposing body came into light, the Mayor and Deputy Mayor of Shimla have almost disappeared. Deputy Mayor, Tikender Panwar, is on foreign tour while the Mayor is nowhere to be seen or heard giving any sort of statement in this regard. The Mayor isn’t responding to calls from media and protesting people. It is noticeable that, so far, SMC is not able to provide any logical clarification in this regard.

Politicians Open Attack on SMC

BJP State Chief Satpal Singh Satti, Congress MLA Anirudh Singh, BJP MLA Suresh Bhardwaj along with other MLAs have proposed dissolution of SMC after its claims to provide clean, safe drinking water were proved to be false. Despite jaundice outbreak, SMC continued its careless attitude and only cleaned the tanks in papers only, they alleged.

Demand for IPH Minister Stokes Resignation

Political parties including some Congress party members have held Irrigation and Public Health Minister Vidya Stokes responsible for improper working of IPH department and demanded resignation. HPCC spokesperson Deepak Sharma, in a press conference in Hamirpur, alleged that department was being run by a contractor mafia enjoying the patronage of the people sitting at highest positions in the state Congress committee. He alleged that the minister could have set a precedent by tendering her resignation. He also demanded CBI inquiry into working of IPH’s working.

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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HP Govt’s failure in implementing FRA Act turning habitants into encroachers

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Kinnaur protest against eviction from forest land

The right to claim titles in “Forest” areas occupied prior to December 13, 2005, is clearly provided in the FRA for the individuals regarded as “encroachers” under the previous legal framework.

Shimla: About 1500 people participated in a rally and public meeting held on June 7, 2018, at Reckong Peo, Kinnaur, to raise their voice against on-going eviction drive that is terming a large number of occupants of forestland as illegal encroachers in complete violation of the Forest Rights Act, 2006.

The people protested against HP Government’s poor implementation of the FRA, in their district as well as in the entire state.

The rally and public meeting were organized jointly by the Him Lok Jagriti Manch, Zilla Van Adhikar Mancha, a Kinnaur-based platform, Himachal Van Adhikar Manch, Himdhara Collective, and Himalaya Niti Abhiyan.

Activist Manshi Asher with villagers

A memorandum was submitted to the Deputy Commissioner with a demand to immediately start processing the claims under FRA from Kinnaur district.

Watch Video:

The Scheduled Tribes and Other Traditional Forest Dwellers Act, or Recognition of Forest Rights Act – commonly known as the Forest Rights Act (FRA)- was passed by Parliament in 2006 to address historical injustices and exclusion meted out to a large community of forest dwellers in India. Rights over forestlands were taken away since notification of forests under colonial Indian Forest Act (1927).

While in Himachal, there was a Forest Settlement in the 1970s that settled people’s access to forestlands, for the community, these remained privileges that could be taken away any time, the activists of organizing groups said.

Since then, a process of alienation of forest-dwelling communities has intensified in the name of development, wildlife conservation, forest management, and development, shrinking survival spaces of the forest-dependent people each time, they said.
It is only logical to assume that this piece of legislation is extremely relevant for Himachal Pradesh, where 67 percent of the total land area is under the jurisdiction of the Forest Department, the activists said.

In the initial phase, the State government had implemented the Act only in the Schedule – V (Tribal regions) areas of the State. As a result of this, the process of implementation in the State faced a long delay.

In 2013, after a High Court order and repeated instructions from the Centre, the government decided to implement the Act in non-tribal areas also. Despite the formation of more than 17503 Forest Right Committees (FRCs), which would file the claims, the process is not taking off in most areas.

Local administration and government officials have a partial understanding of the act and several misgivings. As a result of it, the process is just not moving forward.
The activists informed that it is extremely unfortunate that despite the formation of FRCs in 99.82% of revenue villages, only 53 individuals and 7 community titles have been issued under the Act in Himachal in past five years.

At the same time, the rest of the country, around 17.31 lakhs individual titles and 62.92 thousands of community titles have been issued over more than 137.50 lakhs acres of forestland.
Forest Rights act in kinnaur

Further, on April 6, 2015, the Himachal Pradesh High Court ordered the removal of encroachments on “forest land” in the state within six months. It has triggered an eviction drive by the Forest Department.

This includes serving notices for removal of encroachments, disconnecting electricity and water supply provided to all “illegal” structures raised over encroached land and legal action in case of non-compliance.

In upper Shimla, the Forest Department went to the extent of felling apple trees from orchards on “forest land.” In Kinnaur, 98 such notices have been served to so-called “encroachers”.

Fearing further action, the people of Kinnaur, earlier on July 25, 2015, organised a huge rally at District headquarters, Rekong Peo, questioning the manner in which the Forest Department is implementing the orders of the High Court.

The activists emphasized on the importance of understanding the right to claim titles in “Forest” areas occupied prior to December 13, 2005, is clearly provided in the FRA for the individuals regarded as “encroachers” under the previous legal framework.

The provisions of this Act are applicable for Scheduled Tribes and other forest-dwelling communities, which mean almost the entire state. This is a special Act that supersedes all other previous acts related to forests like the Indian Forest Act 1927 or the Forest Conservation Act 1980.

It is a matter of concern that the state government failed to bring the issue of this non-implementation of the FRA Act to the attention of the High Court, the activists said.

As per the Section 5(4) of Chapter III of the FRA,

No member of a forest dwelling Scheduled Tribe or other traditional forest dwellers shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete.

According to the 2011 Census, of the total workforce in Himachal, around 62 percents are cultivators and agricultural labourers. This means that a majority of the population dependent completely on farming and forests (livestock rearing) as a livelihood is not a beneficiary in the state budget allocations, the activists said.

Further, the falling number of jobs in the private sector has added to the crises between communities, which could ultimately lead to distress migration, visible in states like Uttarakhand, they said expressing concern.

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HP Govt says schools within Shimla MC area closed for week due to high tourist footfall, not water crisis

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holiday in HP Govt school in shimla city

Shimla: Himachal Pradesh Government has decided to shut-down all government schools falling within the jurisdiction of Shimla Municipal Corporation for a week.

From June 4 to June 8, all primary, middle, higher, and senior secondary schools will remain closed.

However, the interesting part the reasons given in the official notification issued by the Director of Higher Education, Dr Amar Dev on June 2.

It doesn’t include even a slight reference to the ongoing chaos over water scarcity.
As per the notification, the Higher and Primary Education of Departments, HP, has decided to announce a holiday due to higher movement of tourists during the peak tourist season.

Another reason that was cited in the notification, was that the Departments have taken this reason considering the pattern of the private schools that have already announced a summer break.

There is a condition too. The schools will not get the holidays they used to get during monsoon, which was the set pattern. The Education Minister, Suresh Bhardwaj, suggested the government might change the pattern permanently. 

It’s for the first time that government schools are being given summer holidays. Shimla town has always been a popular tourist destination and the tourist footfall has always been high during the summer season,

the former Mayor of the city, Sanjay Chauhan, told Himachal Watcher.

The Government doesn’t have enough guts to admit that ongoing water crisis is a reason behind it because that would expose not only its poor response to the situation but a huge mismanagement and unfair treatment in the distribution of drinking water too,

the further added.

It appears to be an attempt to kill two birds with one stone. The hotels were forced to cancel bookings and buy water from private tankers on the very high rate. The tourist faced a lot of inconveniences and they are trying to avoid Shimla, the hoteliers have been alleging.

The registered hotels are not receiving supply from the Corporation, but hundreds of unregistered guest houses/flats that have mushroomed in residential localities illegally are consuming domestic water via tankers for commercial purpose. The registered hotels are buying water from private tankers as there is no other choice. The SMC cites High Court orders due to which the supply to hotels in the town is prohibited via SMC tankers. So, tourists are in fact facing problems, but still hotels are facilitating them at their own level, 

 

Sanjay Sood, the President of Hotel & Restaurant Association of Northern India told HW. 

So, citing a higher tourist footfall would suggest that the town is doing fine and there is only a little shortage of water but no crisis. Secondly, the Government was compelled to close the schools, as there was no water – neither for drinking nor for cooking mid-day meals and cleaning of toilets.

Does it suggest that our elected government is not being honest enough to tell the truth to its people?

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Water Crisis Shimla: Common people not receiving water despite 7 MLD increase in daily supply

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chakka jam in shimla city over water scarcity

Chief Minister, who is out of Shimla, has given a media statement claiming that 28.47 MLD water was received and equally distributed as per the schedule today.

Shimla: The series of aggressive protests continues in Shimal city on Saturday over scarcity as well as unequal distribution of drinking water to the people. The residents of the Vikasnagar Ward today blocked the Shimla-Dhalli bypass by holding a ‘chakka jam’ at Vikasnagar. The road was blocked at the time of writing and there was a long line of vehicles on both sides. 

While some Wards have received some relief, the residents alleged they are not receiving any supply for over past 10 days despite the schedule released by the Shimla Municipal Corporations for the supply of water in three zones of the city.

photos of shimla city water scarcity

Similarly, the public in Kasumpti area did not receive a supply as per the schedule. Vikasnagar and Kasumpti were supposed to get a supply on Friday. However, the supply never reached them.

The SMC had given us an assurances of supply on Thursday but didn’t do so. The same assurance was passed on for the next day (Friday). However, we have not received any supply yesterday or today.  The distribution of water is not at all equal,

the Ward Councilor, Rachana, told Himachal Watcher 

Watch: Chakka Jam at Vikasnagar 

Today, even directions were issued for suspension of an SDO of the SMC  for negligence in water distribution in Shimla town.

When, on the complaint of the locals, Himachal Watcher tried to call the numbers of the keymen and Nodal Officer given with the schedule, they were either out of reach or switched off or busy.

The divide between VIPs and common people has also come to light, as influential ones are able to manipulate the distribution system. On Thursday, the locals had exposed an illegal water pipeline connected to the apartment in a VIP locality that belong to an influential leader of the ruling party.

The extent to which the VIP culture and corruption is prevalent could be assessed from the fact that the High Court had to direct deployment of at least two policemen with each keyman to ensure equal distribution.

However, the Chief Minister Jai Ram Thakur and his ministers, especially the Health Minister Vipin Singh Parmar, are releasing media statement claiming the government has done a fantastic job and the people are getting an equal share of water.

The six-member committee constituted under the chairmanship of the Chief Secretary is regularly holding meetings and monitoring the water availability and distribution process every evening to ensure that people were getting sufficient water. A schedule has been prepared and the city has been divided into three zones for water supply which was being followed strictly and being monitored by the committee,

claimed the State government.

Chief Minister, who is out of Shimla, has given a media statement claiming that 28.47 MLD water was received and equally distributed as per the schedule today.

The government claimed an increase of more than 7 MLD within a week while the public is in some localities still not received any water today.

People are asking to whom and where this water is being supplied.

HP Tourism department also claimed that there was a shortage of water but there was no crisis as being reported in a section of the press.

Health Minister Vipin Singh Parmar again gave a statement boasting that efforts of the State government to resolve the water crisis situation in Shimla town has started showing positive results.

Unaware of the ground reality, Parmar is still focusing on giving political statements to counter opposition leader Mukesh Agnihotri.

The Chief Minister and Parmar are putting the entire blame on the previous government.

Congress government was responsible for the water crisis in Shimla as it failed to execute any water supply scheme for the town,

he said.

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