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

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Baddi MC Dumping Ground

Solan: In Kenduwal village, Sandholi Panchayat, the Municipal Council of Baddi created a dumping ground right next to the houses of five Gujjar families two years ago. As a result, the families are now forced to live in inhuman conditions.

In addition to the foul smell from the garbage that makes normal breathing difficult, children, elderly, and cattle frequently fall ill because of the unhygienic conditions of the dump.

In the last two years, 20 cows and four 4 buffaloes have died because of this dump,

says Gulam Nabi from Kenduwal village.

The gravest of all issues is that the path meant for commuting (right of way) used by the five families having 30 members has been obstructed because of the dump. The trucks of MC often break their water-pipelines and garbage completely chokes the path.

As a matter of concern, the affected families alleged that the issue was brought to the notice of the administration several times but no action ever came.

Today, these families met the Sub-Divisional Magistrate (SDM) at Nalagarh to file a formal complaint about the intolerable living conditions created by this dumping and appeal for immediate action to relocate the dump. The SDM in response took the statement of the aggrieved parties and has said he will take suo-moto action in the matter.

The aggrieved families also submitted copies of the complaint to the Deputy Commissioner, HP Pollution Control Board, and Police Station.

In the recent days, due to rains, the path was submerged in obnoxious smelling mucky water due to the garbage dump and the issue was raised many times with the office of Municipal Council.

The Municipal Council assured the families by saying that the path would be repaired.

With a great difficulty, on July 6, the Municipal Council arranged a truck of sand to raise the path. After which another truckload of sand was needed to complete the job but in the meantime, another garbage truck arrived. To prevent the truck from causing damage to the path, women tried to stop the truck from advancing.

Over this, the truck driver, labour managing garbage got into a heated argument with us. They used foul language and did not pay heed to what we had to say which led to a clash between us. We want to make it clear to the administration that we do not have any issues with the labourers, but the dumping of tonnes of garbage in front of our homes is insensitive inhuman and that is what our complaint is about,”

said Nabi.

The families said the police has registered an FIR against them to pressurise them.

Himdhara, a group that is working on environmental issues, has arrived at Baddi to undertake a fact-finding task.

According to Manshi Asher, member of Himdhara, such dumping of urban waste is a gross violation of the Environmental Protection Act. Based on the Act, in 2016, the Ministry of Environment, Forests and Climate Change had brought out the ‘solid waste management rules’.

As mentioned in the rules, a solid waste dumping site has to be at least 200 meters away from the place of habitation. Also, floodplains of rivers cannot be chosen as dumping site either.

It is also clearly mentioned in the Solid Waste Management Rules that the site of the landfill should be fenced and should have a gate with a concrete path inside it. The Municipal Council has violated this rule as well, said Manshi.

Can you imagine how they’re living right next to dumping site as huge as five acres?

asked Manshi.

The Gujjar community belongs to the Scheduled Tribe category in our country. They rear cattle, which grazes on public lands and make a living by selling the milk. The complaint filed, which was submitted to the Superintendent of Police and the Pollution Control Board as well also states that:

“The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989” section 3 subsection 1 (b) states that in the vicinity of places of residence of people belonging to scheduled caste/tribe, disposing fecal matter, garbage, animal carcass or other obnoxious substances whereby unease is caused to them is a punishable offence. Officials not responding to complaints made by members of the SC/ST community are also flouting the law.

We are making a report on this matter and sending it to all administrative offices of the State as well as the Centre,

said the members of Himdhara.

The Gujjars are not the only ones troubled. Since last 6 months, villagers from Malpur have complained about the dumping ground as well as the Common Effluent Treatment Plant also located in Kenduwal, due to the smell. It is shocking that the pollution control board hasn’t taken any steps in this regard.

The families have warned that if no action was taken regarding their grievance, they would be left with no other option but to approach the court.

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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.

Watch Video

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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