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Strict Stand of the HP High Court against Corruption, Senior Govt. Officers Under Scrutiny

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HP High Court Justice Surya Kant

Shimla- Taking note of the unabated mushroom growth of illegal and unauthorised construction on the National Highway especially in the areas of Solan, Kandaghat and Kasauli,  an inquiry was set up by the  High Court to ascertain if there existed any nexus between the government officials and the land mafia.

After the said inquiry, pursuant to the orders of the Court,  on 20th  March 2019, a status report was filed by the state government, which suggested  that some junior officers of Municipal Corporation, Special Area Development Authority (SADA), Municipal Council solan, and Kasauli Planning Area have been hands In glove  with the land mafia.

Taking a serious view of the matter the Hon’ble Chief Justice Surya Kant came down heavily upon the respondent state for shielding its senior officers who were actually at the helms of affairs when such blatant violations of the law took place.

Speaking through Hon’ble Justice Surya Kant,  the court gave the following directions to the state;

We are not impressed by the status reports. This National Highway is used by all high Government functionaries and the senior Authorities cannot escape their responsibility merely by passing on the buck on small level employees who are neither vested with statutory powers nor have supervisory control over the high and affluent people who are apparently involved in raising the unauthorized constructions.

He further added,

Let the Chief Secretary to the Government of Himachal Pradesh file an affidavit giving particulars of all the Officers who have held the office of Additional Chief Secretary / Principal Secretary / Secretary/Joint Secretary/ Special Secretary in the Town and Country Planning Department, Urban Development Department or as the statutory supervisory Authorities of Special Area Development Authority during the last ten years when most of these unauthorized constructions have been raised. The total tenure of each Officer be disclosed and the action, if any, taken by such Officer to prevent or demolish the unauthorized construction be also briefly described in the remarks column while giving the particulars in a tabulated form. Thereafter, this Court shall consider the desirability of asking the Officers to show cause as to why suitable action be not taken against all and one for express, implied or tacit collusion for promoting the unauthorized constructions.”

The Hon’ble chief justice also went on to direct the said authorities to identify unauthorised illegal and non-sanctioned constructions alongside the national highway and submit a list to the court. A further direction was given to not to compound even an inch of unauthorised construction, the chief added that all such constructions which would be illegal and unauthorised shall be demolished without compounding even an inch of such construction.

The court also took note of the fact that how easily the records of  Municipal Council Solan goes missing, and this excuse is conveniently offered whenever some unlawfulness or illegalities are detected. To tighten its noose around such a peculiar problem, the Hon’ble Chief Justice directed the M.C solan to reconstruct the entire record which is misplaced and submit a compliance report, he further added that action will be taken against those officers, who were incharge at the time when these records went missing

The stance of the court is applaudable and gives hope to the people of the state who are fed up with corruption in the system, it also gives hope to those officials who are working honestly and with integrity around the bad apples. Certainly, it inspires confidence in those people who have been living in the state as law abiding citizens.

Accountability comes in two dimensions: that of the government workers to elected officials; and that of the latter to the citizens who elect them. The judiciary Is the institution which keeps the elected officials as well as the government officers under check and has the duty to maintain their accountability. The primary duty of the judiciary is to see that no man thinks of himself, above the law, and at the same time has the fear of breaking the law for his or her private gains, especially when he is entrusted with public money, power and resources.

The order inspires confidence of the people in the justice system.

The case is now Listed on 6th May, 2019.

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Kullu Bus Accident: Death Toll Reaches 44, About 35 Injured, Several Critical

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Deaths in Kullu Bus Accident in 2019


SKullu-
The bus accident in Banjar sub-division of Kullu district has entered the list of biggest tragedies in Himachal Pradesh. Per the last information received, the death toll has reached 44, and over 30 injured are undergoing treatment at Banjar Civil Hospital, Kullu Hospital, and Hosptial in Mandi’s Nerchowk.

Several injured are in critical condition and have been referred to PGI, Chandigarh. The district administration fears a possible rise in the death toll considering the critical condition of the injured.

All deceased are said to hail from about 20 villages in Kullu and Mandi.

The accident has again exposed the State government’s hollow promises to take measures to reduce road accidents. There is still no check on vehicle maintenance and overloading, leave alone appropriately placing crash barriers on cliff-side of the roads.
Causes of Kullu Bus Accident in 2019

This 42-seater bus was carrying over 75 passengers, there were passengers on the roof as well, eye-witnesses confirm. The bus had left for Gada Gushaini from Banjar on Thursday evening at about 3:45 PM. The bus had not covered more than two kms when it plunged into a 500 feet deep gorge near ‘Bheot mod’ and landed in a Khada fter scraping the mountain face.
Banjar Bus Accident in Pictures

As per a Hindi Daily, the driver was untrained and was perhaps driving a bus for the first time.

Locals, who travelled in this bus daily, told another Hindi Daily that the bus was in poor condition and often developed technical snags. According to the Daily, the driver experienced a problem in shifting gears when the bus approached the ‘Bheot mod’ and began to move backwards uncontrolled before skidding off the road.

The Superintendent of Police, Kullu, Shalini Agnihotri said, the exact cause of the accident could only be ascertained after a proper probe.

Chief Minister Jairam Thakur, who visited the hospital to meet the injured said,

The road at the spot was not in bad condition. Prima facie it looks like a case of overloading. A meeting was held today to ensure that such incidents don’t happen in future

The driver is reported to have jumped off the bus. A Daily said the driver survived and fled the spot. However, official confirmation was awaited. Hearing the sound of the accident, the locals from nearby Bhumar village rushed to the spot. As per eyewitnesses, the bodies were scattered all over the steep mountain.

Moreover, the condition of crash-barriers install was quite poor. The single-row crash barriers were not installed properly and held no chance of stopping the bus from skidding off the road.

Pictures of Kullu Bus Accident in 2019
The bus was shredded into pieces and its parts were mangled all over the hill and the stream at the bottom of the gorge. The locals had a tough-time descending the steep hill. With the help of ropes, the bodies and injured were extricated and brought up to the road. Further, the locals formed human chains to carry the injured across gushing water of the stream.

Death toll in kullu bus accident

The accident is not the first of its kind. There have been several such accidents in the past in Himachal Pradesh. On April 9, 2018, 27 people including 24 children were killed in a school bus accident in Nurpur in Kangra district. In April 2017, 45 people had died when an overloaded bus had plunged into a gorge near Nerwa in Shimla district. In 2016, 17 had died when a bus fell into Beas river in Mandi district, 25 in Rampur in 2017, 31 in July 2015 when a bus fell into the Parvati in Kullu. Before that, May 2013, 42 people were killed as a private bus plunged into Beas river.

In 2019 alone, 430 people have died in 1,168 road accidents in Himachal Pradesh by May 31. Between 2009 and 2018, over 11,000 people had died in nearly 31,000 different road accidents in the state.

Every time an accident happens, probes are ordered and government issues statements taking vows to fix black spots and implement violation of traffic rules like overloading and rash driving strictly. Further, assurances are provided to take strict action against all government officials and those responsible for the accident. After a few months, the usual business continues as the government officials go back into deep slumber. No action is ever taken against government officials responsible for negligence.

It’s no different this time too, the chief minister has ordered a Magisterial probe while the state transport minister Govind Singh Thakur has made similar promises. How and what actions will be taken remains to be seen.

It’s seen over the year that no audits are conducted to assess the need for additional bus services. The rural areas face a huge problem due to the lack of sufficient bus services, which is also responsible for overloading. There are limited buses and people are left with no choice but to board on overloaded buses to reach their destinations.

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The Regional Transport Office also has a role in such accidents because poorly maintained buses are passed easily. The Public Works Department has all the time to build a corrupt nexus with private contractors, but not to care to install much-needed crash barriers. The district administration and police hardly find time to run regular inspections to see if there is a paucity of bus services or buses are being overloaded.

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Campus Watch

Want to Participate in Sports Tournament? Pay Rs 3700: Shimla’s Private School to Students

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Auckland School Shimla making student to pay for sports tournament

Shimla-The Auckland House School, Shimla, had charged Rs. 4200 per student for a three-day picnic tour to Sadhupul organized about 10 days ago. Now, for a sports tournament in Palampur of Kangra district, the school is asking the students representing it to pay Rs 3700. It sounds absolutely absurd that instead of taking responsibility for the expenditure of the students representing it in the sports tournament, the school is asking students to pay a heavy fee for it. The school is already charging hefty annual fees from the students, but still asking for more. This is nothing more than a new way to extort money from parents. All of these allegations were labelled by the Student-Parent Association on Wednesday.

The school, however, defended itself by saying that participation in these events is not mandatory and parents are not forced in any way. Only those students who opt to participate would have to pay the said fees.

As per the parents, a sports tournament of missionary schools is being organized under the banner of Diocese of Amritsar from June 13 to 16 in Palampur. However, instead of incurring the expenditure for sending students to participate in it, the school is charging Rs 3700 from the students.

The parents alleged that to pressurize the parents, the school sends consent letters to parents just a couple of days before these events. The students are exposed to mental pressure and parents are compelled to sign these consent letters at the last moment. The other private institutions are also following the same pattern.

The parents alleged that the school is not refraining from looting students despite notifications and guidelines issued by the Directorate of Higher Education respectively on March 18, April 8, and May 4. The Association has demanded that the Director of Higher Education should take appropriate action to check this unjustified action of charging hefty amounts on the names of various events.

It’s pertinent to mention that the Association has been staging protests for the last four months against hefty, unjustified fees. They have been alleging that these schools have taken a form of mafia and has turned education into a purely profit-making business. Their protests had compelled the Directorate to issue guidelines to private schools to cut unjustified charges from fees. The Directorate had also ordered an inspection of all private schools running in all districts of the state. It was assured that necessary action would be taken after the completion of the inspection. However, no action was taken following the inspections. The Association had even alleged that schools didn’t even cooperate in inspection and did not provide details they were asked to submit by the Directorate. Moreover, the Directorate did not make findings of the inspection report public.

Some parents had also alleged that their children were made to go through mental harassment by school teachers. The children of those parents who were participating or supporting the protest were targeted individually, made to stand in class, and embarrassed.

However, the government did not intervene in any manner and let the schools enjoy all the liberties they wanted to.

The parents have again demanded that the government should form a regulatory body to check the financial exploitation of the parents by private schools. The Association has warned the government of more fierce protests in case it fails to meet the demands.

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Environment

Hydropower Projects in Himachal Not ‘Eco-Friendly, Govt Keeps People in Dark Through Biased Environment Impact Assessment Reports

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Himachal's Hydropower Projects Are not eco-friendly

Shimla- The Himachal Pradesh Government, as witnessed on several occasions, favours hydropower companies over the environmental impacts and affected people. It believes that these projects would boost the economic growth of the state and that there are hardly any environmental hazards linked to the construction of excess hydropower projects. There is a long list of pending projects that the government wants to get constructed.

In its environmental assessment reports,  the government preach that hydropower is eco-friendly. However, as a bitter reality, it does not appear to be true. There are severe environmental hazards linked to the construction of these projects, which the government is not ready to admit. As a result of this deliberate neglection, the villagers, rivers, local water sources, farming lands, local wildlife etc. are suffering. Houses of people were destroyed due to seepage of water from tunnels of hydropower projects and they are forced to evacuate. Let’s take a look at a new report compiled by an environmental group explaining why hydropower projects in the Himalayas are not eco-friendly.  

In the month of the ‘World Environment Day’, Himdhara Environment Research and Action Collective released their report titled “The Hidden Cost of Hydropower” to highlight the risks associated with hydropower construction, especially in Himalayan regions like Himachal Pradesh.  Over the last few years, increasing evidence has emerged that hydropower production may not be so ‘clean and green’ after all. This document compiles primary and secondary pieces of evidence of the impacts triggered by underground construction for the run of the river (ROR) hydropower projects highlighting the issues of environmental hazards and risks involved.

Echoing the fragility of the Himalayan region due to geological instability and climate change-related disasters like flash floods and cloud bursts, the report highlights the role of construction activities that accentuate this fragility.

 “A report of the state’s own disaster management cell says that around 10 Mega hydropower stations are located in the medium and high-risk landslide area,”

states the document.

  The report explains that the magnitude of the underground component of the civil work in hydropower projects involving blasting and dynamiting exacerbate existing vulnerabilities. These impacts are yet to be adequately studied and understood.

Visuals and testimonies of affected people from project sites in Kinnaur, Kullu and Chamba falling in the Satluj, Beas and Ravi basin collected over the years have been used to show the impacts. Case studies like that of the Parbati II, Karccham Wangtoo, Kashang and Bajoli Holi projects illustrate how landslides, drying up of springs, damages to houses, farms and forests have made difficult the lives and livelihoods of the people in the project area.

Landslide in Jhakri village of shimla due to hydropower project

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The report finds that the existing studies available on these impacts are inadequate or biased in favour of the hydropower producers, with economics as the main concern. Environment Impact Assessment reports of hydro-power projects gloss over the geological & seismic vulnerability of the project sites, with an explanation that the ‘hurdles’, ‘surprises’ and ‘incompetencies’ of the mountain geology would be handled at a later stage, if and when they occur. ‘Scientific’ linkages become difficult to establish later, and during EIAs, the concentration is to only rush through the studies to get ‘clearances’.

“They say there is no scientific evidence that the landslides are because of project activities and so we cannot claim compensation in case of cracks in the houses or damage to fields”,

according to Ramanand Negi of Urni Village located in the affected area of the Karchham Wangtoo project and now sitting on a huge landslide. 

The report also refers to the Audit reports of the Comptroller Auditor General to show how the costs of these ‘surprises’ are borne by the affected people or transferred to the public exchequer. The costs that producers have been forced to bear have led to financial losses, bad loans, and cumulatively a slump in the hydropower sector over the last few years. 

According to the report,

“The contribution of hydropower sector today to the country’s total electricity production has halved from 25% to 13% in the last decade. Where this state of hydropower industries was an opportunity to review hydropower policy and the sector’s viability, the report of Parliamentary standing committee on energy that reviewed the performance of hydro projects in 2018 turned a blind eye to environmental impacts and safety norms”.

 

Based on the committee’s recommendations the Ministry of Power issued an order in March 2019 recognizing hydropower projects with a capacity of more than 25 MW as ‘renewable’ source of energy, thus eligible for further subsidies. Himdhara’s report, however, brings out that hydro projects do not deserve the ‘green’ tag and the government should stop further subsiding the sector, especially large projects.

Water Sources drying due to hydropower projects

Water sources drying in himachal due to hydro projects

 

The report also identifies the institutional failures of the Central Water Commission, the Central Electricity Authority that are supposed to assess the Detailed Project Reports and give techno-economic clearances, monitor the progress, and reasons for the delay in projects.

This list also includes the Ministry of Environment that has blindly granted environment and forest clearances overlooking the above impacts and non-compliance; the State Directorate of Energy and State Disaster Management Authority, who have failed to fulfil their regulatory roles and ensure that there is no negligence.

The environmental group demanded that an independent scientific review of the immediate or long-term implications of construction work for hydropower development in the Himalayas should be commissioned. Citizens’ engagement, public consent mechanisms need to be strengthened, and a grievance redressal process needs to be put in place.

 

Loos of wildlife in himachal due to hydropower projects

 

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