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Shocking video/photos expose Govt Officer’s lies about illegal slate mining in Dharamshala

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Illegal mining in Dharamshala

Shimla: Advocate Deven Khanna, the local commissioner appointed by the Himachal Pradesh High Court in a petition relating to violation of environmental and other construction guidelines and the illegal felling of trees within the area of Municipal Corporation, Dharamshala including Bhagsunag, Mclodgunj, and Dharmkot in Dharamshala, busted the alleged lies of the Mining Officer regarding the alleged illegal mining activity in the Khanyara region.  

This illegal mining was costing the state crores of rupees per month in terms of revenue in addition to environmental damages. 

The pictures and video posted below show an area which is victim to a completely illegal mining. The visuals speak for the destruction this region has witnessed due to a nexus of the government officials and mining mafia. 

Deven had visited the sites between April 14 to 22nd of April 22, 2018, and had photographed Khaniyara region and exposed the alleged white lie of the Mining Officer.

Himachal Watcher was able to obtain these photos and a video of effect region from official and non-official sources.

On the basis of this visual evidence, the bench of Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel on April 25, 2018, had observed:

Prima facie, we are of the considered view that the explanation furnished by Harvinder Singh, Mining Officer who is present in Court with regard to the illegal mining carried out in Khanyara Panchayat is false. According to him, neither any illegal mining is being carried out at Khanyara nor has he ever received any complaint.

While the photos and video exposed the ground reality, the mining officer had filed replies in the court regarding blasting and illegal mining activities in Khanyara area claiming that no such business is going on in the said region. He further added that the mining activity was completely under control. Apparently, the officer was caught trying to allegedly protect the mafia. 

For now, the said official was transferred following it. The court had asked the state government to take action against the said official, which was still pending.

As per the tradition of the governments, their employees rarely get penalized for even grieve matters like submitting a false statement to the court regarding a very crucial environmental issue.  

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The mining officer had stated that frequent site visits were conducted in the Khaniyara area to check the Slate Mining activities. He said a Mining Inspector has been specifically deputed in this area to keep a strict vigil.

In addition to the routine visits, surprise inspections were also being conducted by the officers of the department and during the sites visits, no case of the blasting has been observed or reported or no complaint of the blasting has been received, the mining officer told the court.

Khanyara illegal mining photos 4

The illegal mining of slates in this area has been controlled to a larger extent and no case of the illegal extraction has been reported for the last one year,

the statement of the officer said. 

Upon the visit of the said locations, it was discovered that illegal mining was still rampant at Khaniyara Road, the information was verified by officers of the MC and local people. The site was visited and it was discovered that blasting and careless dumping of the mine debris had caused irreparable damage to the downslope vegetation, choked the streams and accelerated surface erosion, said Deven’s report rubbishing all these false claims.

Khanyara illegal mining photos

So serious was the environmental damage that a major portion of the mountain had a bombed-out desolate look. The patches were seen on the mountains due to the rampant mining for slate deposits which had spelt ecological disaster, the report said. Apart from threatening human settlements in the foothills, the activity had also eaten up large chunks of the forest, the report further said.

Khanyara illegal mining photos 7

It was pointed out in the report that the mining had cut into the forest area labourers were working under hazardous conditions because of the excessive use of dynamite in total violation of the Mines Safety Act.

Khanyara illegal mining photos 13

Deven’s report had further stated that mining in these areas is haphazard and the procedure adopted for mining is totally unscientific without using any standard mine plan maps or contour map or any standard method of national or international agencies.

Khanyara illegal mining photos 3

The slates are extracted either manually by using crowbars, chisels or by using local explosive for blasting. Unscientific excavation and use of high power explosives have resulted in cracking and loosening of the overlying rock formation, the report said.

The villages below the mining sites often experience flying rocks and rock fall which results in a number of causalities. Further, most of the area is under the protected forest demarcated by the Department of Forest, Himachal Pradesh and has been exploited in an unauthorized and illegal manner.

No reclamation measures such as the construction of check dams or retaining wall to check the erosional activity or other safety measures related to blasting are being adopted,

said the report. 

Slate mining has blotted the serene beauty of the forests of the area. Mining activities in these areas have caused the degradation of vegetation and soil cover, destruction of agricultural land and the encroachment of forest land, further leading to the deterioration of water resources, increase in erosional activities, silting of streams (Figure XVII), and massive landslides,

the report said.

The claims of the government regarding check on illegal mining, unlawful construction, and environmental conservation appears to be false or misleading considering the above report.

While in press statements, the government never misses the opportunity to add “Govt is committed to protect and conserve the environment,” the official machinery seems to be trying to protect the violators and for that, they are not reluctant to even file false replies in the court.

Khanyara illegal mining photos 12

The court has expressed its disappointment with the government officials multiple times while hearing the current petition that was filed by in 2015 by a whistle-blower Ghazala Abdullah. 

The original petition had requested the attention of the court towards environmental destruction for illegal construction. By 2018, the scopes of the petition were widened to accommodate more issues pertaining to similar matters.

Several crucial violations and facts appeared during the hearing of the petition, which would be covered in separate articles on Himachal Watcher. The next hearing in the petition is scheduled for July 30. 

Khanyara illegal mining photos 8

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Further, Deven in his extensive report had included following crucial suggestion to fix the environmental damages caused by illegal mining:

  1. Mined debris or the slate waste over the slope should be removed in order to bring back the regolith cover.
  2. The area should be seeded with quick growing grass and preference should be given to local species and mixed culture. Although the best plant known and used worldwide to stop the erosion is Vetiver. It not only holds soil on the mountain side but it creates its own terraces by collecting leaves, debris and eroded soil from above it. In addition to vetiver, a perennial grass known as Nash (vetiveria zizanioide) can also be grown.
  3. The mining area can also be restored by hydroseeding. This technique involves the spraying of soils, organic matter, grass seeds, adhesives and water in a fixed proportion which is kept in a slurry tank. The application of mixture is done at a pressure on a slope. Such technique is successfully adopted in the reclamation of limestone and rock phosphate mines in Dehradun and Mussoorie region (35).
  4. Mining should be avoided where there is a steep slope i.e. the slope angle is more than 45°. Check dams and gabion structure should be constructed to check the flow of soil, waste and debris along the hill slope.
  5. The problem of mining debris can be solved by utilizing it in making concrete blocks as it is eco-friendly and economically viable too and will also serve as a source of employment for the local population.
  6. Another important use of slate waste lies in the manufacturing of pipe, sheets and roofing plus flooring products as substitutes for asbestos in the asbestos The advantage of slate as an alternative to asbestos is that asbestos is a fibrous material and cause cancer. Hence, the use of slate can be accepted in the asbestos industry.

 

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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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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Baddi MC and BBNDA first create illegal dumping site, now trying to cover it with mud

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Baddi MC Dumping Site

Solan: The State Government had been bragging about environmental conservation in announcements and speeches. In papers, the status of waste management has improved during the first year of the new Government. The Chief Minister Jai Ram Thakur says his government is committed to promoting Swachh Bharat campaign as it is the flagship initiative of the current government.

However, on the ground level, the insensitivity and indifference of the government towards environmental protection is only growing. More startling is the way in which the State Pollution Control Board (PCB) and district administrations respond to public complaints regarding illegal dumping of waste.

Rather, the government bodies are violating laws to create illegal dumping sites.

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

For the last two years the Municipal Council, Baddi, and BBNDA have openly been dumping municipal waste of Baddi town in Kenduwal village which has become a potential health hazard and nuisance for the residents of nearby villages. Since the last four months, the villagers, distraught by the illegal dump, have been petitioning several authorities to stop the dumping.

Now, the BBNDA, instead of cleaning up and ensuring scientific disposal of the garbage, is covering the illegal dump yard with mud and soil. JCB machines are simply grabbing mud/soil from nearby and throwing it on the dumped waste with an intention to bury it.

Last week we met with the BBNDA officials and asked them to stop putting the garbage there. Not only are they continuing to dump the garbage but also put piles of mud to cover the stinking heaps of garbage during the last five days. We are being told that the area will now be turned into a shed and our problem will be solved

said Ghulam Nabi a resident of Kenduwal in front of whose home the piles of garbage has come up.

It needs to be noted that the BBNDA had proposed an Rs.9.7 crore Integrated Solid Waste Management facility in the area in 2012 and obtained a clearance for the same in 2015. But for the last three years, it made no move to set up the plant and was dumping in violation of the Solid Waste Management guidelines 2016 as well as the environment clearance conditions.

Related Story: Families living in inhuman, hazardous conditions due to Baddi MC’s dumping ground

On August 12 and 13, the Sirsa River flooded and the dumping site, which is adjacent to the river became waterlogged making the rotting garbage stink badly. The boundary wall was then broken to release the water from the dumping site and the contaminated water eventually made its way into the Sirsa River.

Now they are just burying the garbage and the leachate will contaminate the groundwater too

, said Ramanathan of Himdhara Collective a watchdog group that monitors environmental issues in Himachal.

The State PCB has sent about five notices to the Baddi MC, which were not entertained at all. Despite that, the PCB never proceeded to take action and continue to supply notices.

Through an RTI application we have learned that the Regional Office of PCB in Baddi has served five show cause notices to the Municipal Council in this regards but no further actions were taken,

he added

The BBNDA, in a statement in a newspaper on September 19, has claimed that it has finally identified the firm from Ludhiana for setting up the Solid Waste Management facility.

If they have identified a company to set up the disposal plant why did they cover up the garbage, rather than letting the company take care of it. This is not a solution and neither is it in compliance with the guidelines of solid waste management,

said Ramanathan.

While BBNDA has gone into damage control mode, it still seems least concerned about the laws or the demands of the people.

Our demand is clear, we want this nuisance removed and a proper waste management plant should be set up in an appropriate location. Not near the river or in front of people’s homes,

added Nabi

The Solid Waste Management Rules have clear criteria regarding the selection of a site for waste management plants and landfills, which cannot be on floodplains or near habitations.

Municipal Solid waste has become a serious nuisance across the state of Himachal and a National Green Tribunal appointed committee has recently asked all states to formulate their waste management plans in compliance with SWM rules within a month,

said Manshi Asher of Himdhara Collective.

Long-term solution of solid waste requires an integrated approach involving resident welfare associations of municipal areas, waste pickers and municipal bodies. Decentralised segregation and disposal at source would help to reduce the quantum of waste,

Asher added.

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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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