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Environment

FRA 2006 implementation only way to provide quick relief to landholder facing eviction threat: Himachal Van Adhikar Manch

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SHIMLA– The members of the Himachal Van Adhikar Manch, a state level forum of social organisations advocating implementation of the Forest Rights Act 2006, ha s again insisted the State government that FRA is the only way to provide relief to landholders facing fear of eviction from forest land after court order in 2015. The forum met in Shimla on Sunday to discuss the issues of landholders with forest land occupations facing the threat of eviction in the state.

As another initiative, the members of the manch plan to meet the High Level Committee constituted to review and resolve the issue of encroachment cases in Himachal and make a submission that the implementation of the Forest Rights Act, 2006 is the key legal option that can be utilised by the government to provide protection to those eligible under FRA. Last month the Himachal Van Adhikar Manch had petitioned the Chief Minister of Himachal Pradesh with the same submission.

How FRA, 2006 Can Help?

The forum states that “the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act” was passed by the Central government in 2006. This Act was historical because it provided the much needed relief to those who had years of “occupations” on forest land for their bonafide livelihood needs, but were under threat of evictions because of Forest legislations in the country. Provisions of central legislations like the Forest Conservation Act 1980, the Wildlife Protection Act 1972 and other orders of the Supreme Court made diversion of forest land for non forest purposes impossible without permission of the Central Government.

The call by the Himachal Government in 2002 to ‘regularise’ forest occupation was untenable given this legal context and any future efforts on similar line can be challenged under any court of law like 2002 regularisation policy, it said.

It is imperative for the government to note that the FRA is the only legal option available to the state government to provide relief to land occupiers facing the threat of eviction because of the Shimla High Court Order of April 2015, said the forum.

However, it’s important to note that the Act neither meant to distribute land nor to regularize the encroachments.

Why FRA, 2006 Passed?

The forum threw light on the provisions and purpose of the act. The Forest Rights Act, 2006 was especially brought about to empower the local communities to be able to give permission for village development activities under Section 3 (2) of the said Act, said the forum. The said Section of the Act has already been implemented by the State of Himachal Pradesh with a clear instruction from the Chief Minister in whole Himachal and guideline from MoTA with reference to HP letter dated 14th December 2015.

In similar way, added the forum, the state government should show its commitment to deal with the cases of land occupation under section 3(1) of the Act which allows filing and settling of claims of individuals and community for their bonafide livelihood needs.

Further, the statement said that even in a developed state like Kerala where forest area is 11309.74 sq kms, less than Himachal, 24,599 individual titles that have been issued for 33,018.12 acres of forest land. In Himachal which has a huge population of approximately more than 1.5 lakhs families of Gaddis, Gujjars, and other pastoral communities and medicinal plant collectors who are directly dependent on forest land for livelihood and 1.65 lakh families who have applied under 2002 encroachment regularisation policy of Himachal Government are possible beneficiary under this Act, there is a huge scope for the implementation of the Act. It is unfortunate that Himachal has lagged behind in the implementation of this Act so far. It is high time that the government does a course correction in the matter.

People Unaware of their Rights under FRA , 20016

According to the Act, the State government has constituted Forest Right Committees (FRCs) in all the villages in Himachal. But people still don’t have any knowledge about the Act. Further, they fear of eligibility criteria issued by the government in 2011. Claims filed under the Act by people have been pending at the SDLC and DLC level for the last 3 to 4 years.

For speedy implementation the Act Himachal Van Adhikar Manch demands that the government should withdraw the eligibility criteria. The matter be put forth to the Cabinet and directions for withdrawal be issued as early as possible.

Under FRA 2006 act, it is the responsibility of the State Government to provide all necessary information and resource materials related to the Act and its procedural aspects to all FRCs and gram sabha members. The forum demanded that the State Government should conduct the required trainings for the dissemination of all relevant information and resource material at the earliest.

Further, the forum added that the government should issue clear instructions to the chairpersons of SDLCs and DLCs of Kangra, Sirmour, Chamba, Bilaspur, Kullu and Kinnaur and others districts to consider and take decision on the claims received under FRA 2006.

Photo: CounterV iew

Environment

After NGT orders, Govt forms Special Task Force to check pollution in Ghaggar tributaries

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stf for ghaggar river pollution

Shimla: Bound by the orders passed by the National Green Tribunal on August 7, 2018, the Himachal Pradesh Government has constituted Special Task Forces (STFs) at the state and district levels to check discharge of effluents in into the tributaries of river Ghaggar.

The National Green Tribunal, in its order, had directed the chief secretaries of Haryana, Punjab, Himachal Pradesh and Chandigarh to form STFs to deal with the pollution in the said river within a month.

It’s pertinent to mention that the neighbouring States have been blaming unlawful discharges of effluents from the industries established in Kala Amb into Markanda river. The pollution in the tributaries is reaching alarming levels. The court had to take Suo motu cognizance in the matter and pass orders to the state governments.

The NGT had also given directions regarding the officials to be included into these STFs. The will of the government in this entire process was completely missing.

The District level STF will identify the persons responsible for discharging of industrial and municipal effluents causing water pollution in river Ghaggar and its tributaries and will submit a monthly action taken the report to the State level STF, the government informed.

It said the State level STF will furnish a quarterly report or an action taken report to the Central Pollution Control Board. These reports will be uploaded on the websites of the State PCB as well as the Department of Environment, Science and Technology.

The state-level special task will include the Chief Secretary, Additional Chief Secretary (Environment, Science and Technology), Additional Chief Secretary (Urban Development), Member Secretary, H.P. state pollution control board as the Member Secretary of the State Level STF.

The officers in the district Level Special Task Force for Solan and Sirmour will include concerned Deputy Commissioners, the nominee of the concerned district and Session Judge, concerned Superintendent of Police, executive officer of the local bodies of concerned district, Regional officer, State Pollution Control Board of the concerned district.

Ghaggar river originates from the Shivalik Hills and passes through Punjab, Haryana, Rajasthan before entering Pakistan.

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Environment

Satluj environmental impact report still not complete, but Himachal continues granting clearance to more hydropower projects

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Luhri hydropower project in rampur

Shimla: As per the Scientific American – the leading and one of the oldest science and technology magazine of the United States of America, the country has decommissioned as well as removed at least 1,000 dams so far, and several others are under the process of decommissioning. The removal of dams is costing the US a gigantic amount of money, but still, it is taking the pain to do the needful.

The reason was simple – the adverse and irreversible environmental damages of these dams. The Hydropower Reform Coalition (HRC), a joint platform comprising of 150 environmental groups, had been advocating the removal of the dams due to their impacts on the environment including the aquatic life.

On the other hand, in the State of Himachal Pradesh, blessed with five perennial rivers including the longest Sutlej, in addition to already operational projects, the government is trying to sell over 700 projects by inviting private investors.

The government argues that hydropower projects have given the state economy a boost along with creating employment opportunities. After agriculture and tourism, hydropower is the biggest contributor towards the state economy. Moreover, hydropower is ecofriendly.

However, the government does not want to stop here and is targeting to harness 100 per cent of the total power generating capacity. During Congress government, it was officially stated that a hydropower potential of 27436 MW was identified in the state. The state was harnessing only 10351 MW.

During the tenure of the Congress government, Himachal had commissioned about 31 hydropower projects of 2067 MW capacity and had earned a revenue of Rs. 3345 crore from the sale of free and equity power.

The new Chief Minister Jai Ram Thakur, after coming into power, had said that the hydropower projects were facing difficulties in getting clearances. He had announced that all such hurdles would be removed under the new government. There were no words about the impact on the environment at all.

The environmental protection has never been a matter of concern for both Congress and Bhartiya Janata Party governments in the state. The leaders are completely visionless in this regard, which is why the environmental impacts of the hydroporjects remain absent from the list of major poll agendas.  

The latest project in making is the new venture of Satluj Jal Vidyut Nigam Limited (SJVNL); the Luhri Stage -I hydropower project (219 MW) on the last free-flowing stretch of the River Sutlej.

The environmental activists and groups are up in arms against the construction of more dams for the projects. The feedback from previous projects has shown that these projects did have an adverse effect. The project is proposed downstream of the 420 MW Rampur Project in Shimla and Kullu Districts.

Environmental group reaches the Expert Committee of Ministry of Environment

Raising objections to the granting of clearances to dams on the last free-flowing stretch of the Satluj River, the Himdhara Collective, an environmental group, recently sent a submission to the Expert Committee of Ministry of Environment demanding Cumulative Impact Assessment for individual projects on the Satluj river basin.

The committee, in its meeting to be held on August 28, 2018, is to consider the grant of Environment Clearance for SJVNL’s Luhri project. It’s the same project that was dropped after the SJVN faced resistance from the locals. Earlier, there was a proposal to construct a 750 MW project with a 35 km long tunnel in this stretch.

It was due to the objections of the local community that the massive tunnel will disturb the geology of the region, already prone to landslides that the project was dropped,

the submission said.

Instead, the HP government has now allocated three dams, namely, Luhri Stage I and Luhri stage II (163MW) and Sunni (355MW) in the same stretch. The key objection raised in the submission is that the committee instead of studying the overall impact of the three projects put together was looking at each project in a singular way.

70% of land granted for the project is forest area

The total land requirement for the three proposed projects is 654.02 hectares, which is twice the size of the land required for the earlier proposed 750 MW project. Considering 70% of the required land falls in the category of ‘forest’, this would lead to more deforestation in the Satluj River basin which has already faced severe forest diversion, erosion and slope de-stabilisation.

The move to build bumper to bumper dams on a single river basin is destructive and this is the reason why we have been saying that the Ministry of Environment should look at the cumulative impacts of the dams rather than for individual projects,

the environmental group stated in the submission.

The Govt denies reply to RTI seeking information on the CEIA Report

In 2013, on clear directions from the Ministry of Environment, the HP Directorate of Energy had commissioned Cumulative Environment Impact Assessment (CEIA) studies for all the major river basins of Himachal Pradesh. The process for Satluj river basin was initiated first in 2013. A series of public consultations were held in Pooh, Rekong Peo, Rampur where local communities and environmentalists had filed detailed objections.

The group said the DoE had even appointed an independent Panel of Environmental and Social Experts, which had submitted a damning report to the HP Government in 2015, raising that the state government was apathetic to the adverse impacts these projects had on the lives of local communities. However, since then, there has been complete silence on the CEIA study of Satluj river basin.

In 2017 we filed an RTI to the DoE seeking the final report, but the matter was transferred to the Union Ministry of Environment who did not respond despite appeal in the Central Information Commission. The matter is now pending in the Central Information Commission,

Himdhara members said in the submission.

For the last three years, the Expert Committee of the ministry has been according to clearances to hydro projects on the Satluj without even as much as mentioning the Cumulative Impact study that it itself had made mandatory to be conducted.

The CEIA should have a bearing on the decision to be taken in the Luhri I, II and Sunni HEP, else the exercise (CEIA of Satluj river basin) itself will be rendered meaningless given that, in the middle zone of the Satluj river basin this is the last and the only stretch of the free-flowing Satluj river.

the group said.

The group has demanded that the CEIA of Satluj river basin should be first finalized, and till then, all projects on the Satluj river basin must be put on hold. The issue of dam building in the Himalayas has also now become a major concern amongst mountain communities and environmentalists given the threat of disasters like cloudbursts floods and earthquakes to the lives and economy of the region.

However, the SJVNL terms these arguments as a non-sense saying there would be no tunnelling for the project. The company, like the centre and state governments, has as nothing to say about the CEIA report. Why is the government not finalizing the report and making it public if there is nothing wrong with the construction of the new projects?

Read Complete Submission

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Environment

Baddi MC turns site of Rs 9.7 crores proposed Waste Management Facility into illegal dumpyard

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dumpyard of Baddi MC

“We have filed close to 100 RTI applications with different departments on this issue. We have no other way to make our voice heard.”

Solan: While the Centre and State Government of Himachal Pradesh are claiming improvement on every front including waste management under Swacch Bharat campaign, as another infamous achievement, the State Government has turned the site of a proposed waste treatment plant for the Baddi town of Solan district into an illegal dump yard.

Due to the increased pollution and hazards due to the illegal dumping of Municipal Waste and the dysfunctional common effluent treatment plant (CETP) in their area, the residents of villages under two Panchayats, Malpur and Sandho, are compelled to form a front ”Paryavaran Sangharsh Samiti to take the fight for the right for clean air and water to the door-steps of authorities.

The BBNDA was supposed to build a 9.7 crore ‘Integrated Solid Waste Management Facility’ on this spot where today they have created a foul-smelling open dump. This is totally illegal,

Sukhdev Singh, a resident of Malpur and Vice Chairperson of the Samiti said.

Baddi waaste management facility

Members of the Samiti of local residents

The BBNDA had in 2015 received an environment clearance for an ‘integrated solid waste management’ project provided 36 conditions were satisfied. (Read More Details in the Annexures Uploaded after the story)

The components of the project, expected to cost about Rs 9.7 crore, included a receiving facility, a compost plant, a recycling plant, a secured landfill, and a leachate collection unit

The aggrieved residents allege that none of this exists on the ground. Since 2016, the Municipal Council of Baddi started throwing waste on the site where this project was to be set up.

The illegal dumping came to the notice of the Environment Ministry ’s regional office during their half-yearly compliance monitoring visit about a year ago

The scientist, Dr Bhavna Singh, who visited the site had reported the violations and recommended an immediate suspension of dumping given non-compliance. However, the Pollution Control Board took no action on this front and the dumping continues to this day.

On July 19, 2018, we approached the Sub-Divisional Magistrate, Deputy Commissioner of Solan, Secretary, Urban Development, the Pollution Control Board and the Ministry of Environment about this gross negligence and have demanded that this illegal dumping be stopped and the site be immediately cleared,

said Rafiq, Deputy Secretary of the Samiti, also a member of the Gujjar Community.

The unscientific garbage dumping is posing a serious threat to not only the environment around but also to the 32 members of Gujjar families settled right in front of the dump yard. The Gujjar community is a scheduled tribe that practices their traditional livelihood of cattle rearing and are dependent on the public lands for purpose of grazing.

Baddi MC Dumping site

In addition, the dumping site is a breeding ground for flies, mosquitoes, rats, etc. and has caused an alarming increase in the incident of illnesses even to people who live in the neighbouring villages.

We are also writing to the Scheduled Tribe Commission and will go to the court if there is no action by the authorities,

added Rafiq.

Members of the Samiti in the last month have initiated a mass RTI campaign asking authorities for information about the dump and the actions taken by them.

We have filed close to 100 RTI applications with different departments on this issue. We have no other way to make our voice heard,

added Dharampal, secretary of the Paryavaran Sangharsh Samiti.

Meanwhile, the BBNDA has gone into damage control mode and has made announcements about fogging the area regularly to prevent smell and flies.

These are superficial steps and they do not change the fact that for the last two years the authorities have been sleeping when actually they had ample time to construct a proper waste management plant if they wanted to. Our demand is clear that the waste can no longer be dumped here. The area needs to be cleared of all the dumped waste

, said Charan Das, a resident of Sandholi and Chairperson of the Samiti.

Annexure I – Environmental Clearance

Annexure II – Indemnification of Project and Project Proponent

Annexure III Monitoring Report by Dr.Bhawna-Singh

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