Connect with us

HW Community

Shimla bypass turns into illegal muck dumpyard, Ne’er-do-well bureaucrats in deep slumber

Published

on

Illegal muck dumping sites in Shimla city

The illegal dumping is mostly carried out during night hours by tempo-trucks and pick-ups with fake, partially visible or no number plates.

Shimla: A rise in illegal muck dumping in Shimla’s urban area is understood as the generation of construction waste is distinctly correlated with the rate of construction. Similarly,the inaction of the ne’er-do-well government departments including the Shimla Municipal Corporation, Himachal’s Public Works, Forest, and Police Departments do not surprise us.

There are strict rules and regulations defined in the MC of Shimla (Control and Regulation of Muck Dumping By-Laws, 2012) regarding the muck dumping. Unfortunately, the Corporation find comfort in ignoring their implementation.

The owners of the construction sites or the contractor are indulged in illegal dumping of muck on the roadsides of the urban Shimla.

Before moving on to more details, take a look at the picture below that shows a heap of illegally dumped muck at the gate of the MC Abattoir near Lal Pani:

Illegal muck dumping in Shimla

Tempo-trucks/pickups transport and dump the construction waste at the same spot after it gets dark. Himachal Watcher had highlighted the issue previously too. These tempo-trucks and pickups freely move in the city at night like the police do not exist.

The illegal dumping is mostly carried out during night hours by tempo-trucks and pick-ups with fake, partially visible or no number plates.

shimla muck generation

File Photo HW

The entire Shimla-Dhalli bypass road has become an open dumpyard. As the violators do not attract any legal action from any department, they have become so fearless that they dump construction waste anywhere.

shimla muck dumping

Illegally dumped muck obstructs the Shimla-Dhalli bypass road

The SMC and HP PWD do not bother to remove the waste that, in some cases,cause partial obstruction in the traffic lanes.

The muck has blocked the drains and posse risk to drivers as it spreads onto the road as well. There are several such small heaps of muck that are distinctively visible to all except the responsible departments. 

Several such heaps are lying on the roadside for several months as the HP PWD or the SMC also ignored them.

Illegally dumped muck on Shimla-Dhalli bypass road

The bureaucrats might have pass the tough competitive examinations to join the State or Indian Civil Services, but their attitude towards public service and sense of commitment remain strikingly below average.

It doesn’t mean there are no honest and hardworking bureaucrats and government employees. Therefore, without any intention to hurt the sentiments of honest bureaucrats, we refer only to the lousy leeches feeding on the blood of taxpayers.

The construction activity is only increasing in the urban Shimla despite intervention of the National Green Tribunal. However, the bureaucrats are not ready to move a muscle.  

Shimla-Dhalli bypass

As per the National Green Tribunal in its recent Judgement in the Yogendra Mohan Sengupta Vs. Union of India case,

The Promoter shall submit the muck/ debris disposal and management plan and ensure that the muck/ debris is disposed off at the designated muck/ debris disposal sites.

It also said,

Construction waste arising due to earthwork during construction shall be used for landscaping within the premises and no debris is allowed to be disposed outside the premises.

If we take a look at various rules described under the MC By-Laws 2017,  movement of the vehicles carrying muck is prohibited after the sunset and before the sun rise except in some special cases. The normal timings for dumping muck in the dumping site are between 9:00 am to 5:00 pm.

No one is allowed to carry the digging and excavation of plot or land after sunset and before sun rise, says the By-Laws

The person, after obtaining the sanction of building map from the competent authority or before raising the construction at site, is required to install a painted board of the size of 3′ x 2′. On this board, the person is required to clearly indicate the name of dumping site allotted to him for the purpose of dumping muck  alongwith the number and date of the sanction, commencement of construction and hours during which construction can be carried out, time when excavation can be done,  nature of sanction, the area of construction sanctioned on each floor and the telephone number of the Control Room set up by the Corporation to address the grievances.

On being found violating these rules more than once, the By-Laws has a provision to impose a penalty ten times of the original rate at the first instance and twenty times at the second instance.

If the violation is reported for the third time or more, the amount of penalty would be thirty times of the actual rate of dumping as fixed by the Corporation as per Clause 5 of these Bye-laws.

In case of repeated violation, in addition to penalty, the corporation can withdraw facilities like water, electricity and others civic amenities, and withdraw recognition and registration. (Himachal Pradesh Municipal Corporation Act, 1994 read with Section 260 of the Code of Criminal Procedure, 1973.)

It is a symptom of corruption when despite existence of several strict laws, majority hardly follow them. In fact, why anyone would follow these rules when the monitoring authorities can be easily deterred from their duty by offering direct or indirect benefits.  The culture of corruption is not unknown to anyone. Rather, people have accepted it as a permanent tradition. 

Sadly,the government is ignoring the consequences that will follow such a destruction of fragile ecology and beauty of Shimla. The environmental protection, afforestation, conservation etc. are still alien to our bureaucracy and public.

Himachal Watcher requests its readers/ citizens to report instances of illegal dumping to the concerned authority or share it with us (with photographs/videos.)

Full Text: MUNICIPAL CORPORATION SHIMLA (CONTROL AND REGULATION OF MUCK
DUMPING) BYE-LAWS, 2012

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 9 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 the world around him in his DSLR lens.

HW Community

India’s Revised Vaccination Policy and Supreme Court’s Role Behind This Change in Approach

Published

on

By

india's revised vaccination policy

Shimla-Free vaccine to all Indian citizens above 18 years of age would be available from 21st June onwards, the Government of India announced yesterday. The Centre has also announced that private hospitals would not be able to levy arbitrary charges for vaccination and the rate would be fixed. The government also rolled back its policy for procurement of vaccines, which was under heavy criticism not only from the opposition but also from the Supreme Court of India.

Though, the Centre claimed that the roll-back was a result of the demands raised by state governments, but some believe this decision came right after harsh judicial scrutiny of the government’s previous policy by the Supreme Court, whose initiation is being lauded by the citizens of India amid this pandemic.

“Many states came forward with a demand for reconsideration of the vaccination strategy and for bringing back the system that was there before 1st May,” the Centre said while defending the rollback.

Also, the Centre was even objecting to the court’s jurisdiction in matters related to policymaking and had termed it as an encroachment on the jurisdiction of the executive. However, very mindful of its jurisdiction, the court had mitigated this allegation of the Centre by explaining how policymaking is subject to judicial scrutiny. The court made the Centre aware of the ‘dialogic judicial review’, where the Court can question the executive and demand justifications from it over non-conformity of a policy to the constitutional rights.

Furthermore, the Supreme Court had grilled the Union government over its faulty and discriminatory policy as states were left on their own for the procurement of vaccines. In its orders passed on May 31, a bench comprising of Justice DY Chandrachud, L Nageswara Rao and S Ravindra Bhat came down heavily upon the central government. The bench had termed the policy approach as “arbitrary and irrational”  because it did not provide free vaccination for the 18-44 year age group.  The bench had sought clarification on policy and dual pricing in which states were being made to procure vaccines directly from the manufactures and were invariably paying more for vaccines while the Centre procured the same vaccines at lower rates.

“Due to the changing nature of the pandemic, we are now faced with a situation where the 18-44 age group also needs to be vaccinated, although priority may be retained between different age groups on a scientific basis. Hence, due to the importance of vaccinating individuals in the 18-44 age group, the policy of the Central Government for conducting free vaccination themselves for groups under the first 2 phases, and replacing it with paid vaccination by the State/UT Governments and private hospital for the persons between 18-44 years is prima facie arbitrary and irrational” a bench observed while passing an order on May 31, 2021 concerning a Suo moto case on “Re-Distribution of Essential Supplies and Services During Pandemic”.

Further, the court had also expressed concerns over the digital divide which would make accessing vaccine equally difficult for a large section through online registration.

Earlier, in its orders passed on April 30, the bend had observed that this policy approach would be “detrimental to the right to life and health”. The bench had also observed that this policy requires rethinking, as it needs to be formulated in conformity with the provisions of Articles 14 and 21 of the Indian Constitution.

The bench aggressively went on to order the government to share all details of the vaccine purchase and distribution, as well as provide information on how the budget allocated for the vaccination (₹35,000 Crores ) was used.

Provisions of the New Vaccination Policy

  • Procurement of 25 per cent vaccinations which was earlier with states will now be undertaken by the Government of India.
  • The government of India will buy 75 per cent of the total vaccines produced and will provide it to the states free of cost. No state government would be spending anything on vaccines.
  • The system of 25 per cent vaccines being procured directly by the private hospitals will continue. Private hospitals can’t charge more than 150 rupees service charge over the decided price of the vaccines.

The Centre said that this policy would be rolled out in two weeks.

“In two weeks, the Centre and states will make necessary preparations as per new guidelines,” the Centre announced yesterday.

Till today, more than 23 Crore vaccine doses have been administered in the country.

To ward off the embarrassment caused by such a contentious policy which was not conforming with the constitutional rights of the citizens, Prime Minister Narendra Modi, without referring to the judicial review, blamed it on the state governments.

“As the corona cases started declining, questions arose about the lack of choice for states and some people questioned why the Central government is deciding everything,” he said.

“India’s vaccination program was run mostly under the Central government. Free vaccination for all was moving forward and people were showing discipline in getting vaccinated when their turn came, amid all these demands for decentralization of vaccination were raised, the decision about priority to certain age groups was raised. Many types pressures were exerted and certain sections of media took it as a campaign,” the PM said.

But with that being said the role of the judiciary in making the government roll back its policy in the interest of the people is being lauded as the victory of judicial review. Also, it has attracted positive response for the apex court which was being alleged of evading several matters related to the public interest under the pressure from the current political regime.

Pradhan Mantri Garib Kalyan Anna Yojana Extended  Till Deepawali.

In another major announcement, the Central government announced the extension of the Pradhan Mantri Garib Kalyan Anna Yojana till Deepawali.

As per the announcement, till November, 80 crore people will continue to get a decided amount of free food grain every month.

Continue Reading

Art & Culture

Wah Re Corona: Himachali Folk Artist’s Lyrical Satire is Factual Rendition of India’s Agonizing Catastrophe

Published

on

wah re corona

Shimla-Otherwise blatantly vocal and distinctively mass-mobilizing government of India is suddenly in the most subdued self after its proclaimed victory over the deathly virus; participation in uncontrolled election rallies; and permitting maha melas. The stalwarts are in the hiding, while helpless citizens – who voted them into power not once but in landslide victories twice – are dying due to lack of oxygen, poor – unavailable – medical facilities, and the denial stance of the ignorant in the helm.

Drawing a comparison between the fatal coronavirus and the mismanagement of the entire situation by the appalling government; a Himachali folk artist has released a factually appropriate lyrical satire that will tickle your mind and leave you to imagine what has brought this catastrophe onto us. The song is written by Rameshwar Sharma and music by Lalit Sauta. 

Watch

Continue Reading

HW Community

With Neighboring States Going to Curfew, Himachal’s Tourism Sector Again Comes to a Halt

Published

on

curfew in himachal pradesh

Shimla-Himachal Pradesh Government may not have imposed restrictions on tourist movement, but the industry is facing the heat of second wave of coronavirus pandemic, which has now reached an alarming level.  Alarmed by massive spike in new cases and fatalities, Delhi yesterday imposed a curfew for six days. 

Further, with neighboring states including Panjab and Haryana going into a lockdown-like situation with the imposition of weekend curfews, tourist influx in Himachal Pradesh has dropped drastically, hitting the tourism industry in Himachal Pradesh. Last weekend the hotels claimed the occupancy was almost zero. The hoteliers and other stakeholders said the current situation is similar to what they faced during the lockdowns last year. After lockdowns spoiled the peak tourist season of the last year, the industry is hardly in a position to take another blow, hoteliers said. 

Conditions in Himachal are no better. In 19 days of April month alone, the state has recorded over 14,000 cases and the infection has claimed 155 lives, which is a massive surge in a very short duration. The rates of the surge in new cases and fatalities have also been recorded to be much higher as compared to the previous year.

The state government on Monday said that all educational institutions of the State would remain close till May 1 2021, and faculty of schools, colleges and universities wouldn’t have to come to duty.

The State Government also decided to put a complete ban on transfers of field functional staff.

Right after getting a nod from the Centre, the state government had also postponed the board and UG examinations.  Further, the HP Board of School Education is reportedly mulling over promoting class 10 students.

Chief Minister on Monday also said that the government could take more decisions to contain the spread in the meeting to be held on April 22. Some media reports said that the state government has hinted at the imposition of a curfew. While interacting to media yesterday, Chief Minister had also said that there are no plans for a complete lockdown, but if the situation continues to worsen, a curfew can be imposed. The Chief Minister had been maintaining that a lockdown would be the last resort as it would hurt the tourist influx, thus, cause economic damages.  

However, if the businessmen and hoteliers are to be believed, currently keeping the state open for tourism is hardly providing any relief. Moreover, they are not able to differentiate between a curfew and lockdown. They have begun to seek relief from the state government.  

On the other hand, in case the state decides to impose a curfew, the situation would get quite difficult for the poor, especially migrant workers, daily wagers, and small street-side vendors too.  

Further, fear of the collapse of health infrastructure haunts the state as the government is still in the phase of passing directions to the officers to enhance the bed capacity in the hospitals.  As per the statement given by Chief Minister on Monday, the state is yet to take steps to ensure the proper availability of oxygen and staff.

“Steps would be taken to ensure the proper availability of oxygen and medical staff in the State.  Bed capacity would be enhanced in Nerchowk Medical College, IGMC Shimla, Zonal Hospital Dharamshala, Tanda Medical College, Sunder Nagar Hospital and various other hospitals. Health workers would be posted in appropriate number for the care of Covid-19 patients,” Chief Minister said.

Chief Minister is being condemned for not completing make-shifts hospitals during the lockdown period along with strengthening the health services the way the it was required.

With the re-notification of Shimla’s DDU hospital- one of the busiest in the state- as a dedicated COVID care hospital, the OPDs has been closed. With the ongoing surge in new cases, more hospitals are likely to be re-notification as dedicated COVID care hospitals, and regular OPDs would be closed for other daily patients.

Moreover, for setting bad examples for the people, all political parties and their leaders, including Chief Minister Jairam Thakur, had faced severe criticism over blatant violation of COVID-19 protocols during campaign rallies for the elections to the Municipal Corporations. As a result, the public is hardly taking the second wave seriously and lowering their guards against the infections, which is only worsening the situation.

Continue Reading

Trending