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Baddi Family Buried in Garbage by BBNDA Gets Relief from High Court, Authorities Directed to Relocate It

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Petition in Baddi Lanfill Case

Solan- The State Government of Himachal Pradesh is a disaster if its management and disposal of solid waste are considered. The State Pollution Control Board, local civil bodies, health department and every authority responsible for environmental protection and sanitation are in deep slumber, from which even the Hon’ble High Court is not able to wake them up. Not only these state agencies show disregard to environmental laws, court orders, but also show extreme insensitivity towards the lives of the people who are affected by unscientific dumping of solid waste and pollution of rivers.

The biggest example came to light when Kenduwal village in Baddi of Solan district approached the court with their plea to save them from the Baddi Municipal Council and Baddi-Barotiwala-Nalagarh Development Authority. They literally buried a family in the garbage by creating an illegal dumping site near their habitat. The BBNDA was supposed to construct a waste treatment plant in 2012, but instead they just created a dumping site that became a breeding ground for flies, mosquitoes, rats, etc. and it caused an alarming increase in the incident of illnesses even to people who live in the neighbouring villages like Sheetalpur, Malpur, Bhudd, and MalkhuMajra. Nearly 1200 residents had filed a complaint to the SDM, Baddi and submitted that the Baddi Municipal Council had been dumping waste near their village without developing the site.

The worst affected family, living just 30 meters from the landfill, had approached various authorities with their grievance but was not attended at all. One reason could be attributed to the fact that this family belonged to the minority community (Gujjars). After the advocate for the petitioner’s family, Deven Khanna, fought a long legal battle against the state, the family has now received some hope by getting interim relief.

On May 21, 2019, the High Court of Himachal Pradesh, while hearing the petition of the family, directed the Baddi-Barotiwala-Nalagarh Development Authority (BBNDA) to consider relocating it.

In their application submitted to the court, the family had sought adequate compensation and rehabilitation/relocation. The petitioner had told the court that even after various orders from this Hon’ble Court, the responsible authorities were continuously disregarding the Solid Waste Management Rules and also the Orders of this Hon’ble Court.  As a result of it, the house of the affected family was turned into a garbage dump.

The petition also said that the authorities never took any consent from the adjoining houses before creating the dumping site, nor proposed relocation to the inhabitants. The petitioner with his family and cattle has been forced to live in life-threatening circumstances, the application said.

It’s pertinent to mention that despite the court orders to stop dumping waste on the said site, the authority allegedly took to threatening the petitioner’s family instead of acting on the orders.

“Petitioner is being threatened in various ways, while the mandatory compliances under the statute are continuously being flouted by the Respondents,”

the family had prayed in the application to the court.

Eventually, in its order passed on May 21, 2019, the court directed the authorities to consider relocation of the petitioner’s family.

In previous hearings, the court found out that the MC and BBNDA had obtained clearance for construction an Integrated Solid Waste Management Plant at this site in 2015, but never actually constructed it. Instead, it kept dumping entire waste in open.

The dumping ground violated several rules related to the creation of landfills. According to the Schedule (I) (a), Clause (VII) (VIII) of the Solid Waste Management Rules, 2016:

  1. The Landfill site shall be 100 mt away from river, 200 mt from a pond, 200 mt from highway, habitations, public parks and water-supply wells and 20 km away from airports or Airbase.
  2. The Landfill site shall not be permitted within these flood plains as recorded for the last 100 years, Zone of coastal regulation, wetland, critical habitat areas, sensitive eco-fragile areas.
  3. This landfill was created in violation of all these rules as it is located on a floodplain of Sirsa river and just 30 meters away from human habitat.

Further, this dumping site also violated the directions passed by the National Green Tribunal in its recent judgment (O.A No. 673/2018).

The directions of the Tribunal clearly mentions maintaining the environmental flow of the river, checking constructions on floodplains, setting up of regulating or stopping the industrial activity of polluting nature, checking mining activities and disposal of bio-medical and other wastes, etc.

After the court’s interventions, on February 25, 2019, the Chief Executive Officer, BBNDA, Baddi, District Solan, H.P. had filed an affidavit-cum-status report. In this affidavit, the Chief Executive Officer had said that they would be able to establish the complete processing facility at the designated site Kenduwal within 12 months i.e. before 8th February 2020.  The affidavit further said that the work of 100% collection and transportation of Municipal Solid Waste from within the entire project area comprising 41 Gram Panchayats as well as Municipal Council, Baddi, Municipal Council, Nalagarh and Municipal Council, Parwanoo will be started by May 8, 2019.

In this order, the court had said,

“Though, as per the affidavit, BBNDA has placed 109 dumpers, 12 garbage collection tanks, 3 dumper placers, 5 tractor trolleys, and 60 labourers, yet the fact of the matter is that the entire untreated Municipal Solid Waste is not being picked up and substantial part thereof is being dumped in open.”

“We, therefore, direct the BBNDA to submit a time-bound plan for lifting the entire Municipal Solid Waste lying in open area and for that purpose if need be, let the proposal be sent to the State Government for its intervention to provide additional machinery and manpower under the Corporate Social Responsibility,”

the court order further stated.

Later, in another status report-cum-affidavit filed in the court on April 8, 2019, the Chief Executive Officer had told the court that the following steps would be taken in compliance with the orders passed by the court:

  1. Additional 33 dumpers (garbage containers) in the 33 left out Gram Panchayat will be placed by the concessionaire by 15/04/2019.
  2. The detailed project report will be submitted by the concessionaire upto 20/04/2019.
  3. The operational plan for collection and transportation of Municipal Solid Waste will be submitted by the concessionaire up to 25/04/2019.
  4. The electronic weighbridge will be installed by the concessionaire at the designated site Kenduwal upto 30/04/2019.
  5. The CCTV cameras will be installed by the concessionaire at the designated site Kenduwal upto 30/04/2019.
  6. The work of 100% collection and transportation of Municipal Solid Waste from within the entire project area by deploying about 180 number of employees will be started by the concessionaire by 08/05/2019.

Currently, some of the solid waste was still being dumped on the same site while remaining was being sent to a treatment plant in Chandigarh. The work of construction of a waste treatment plant is also underway.

Further, in his elaborated petition filed in 2018, the advocate for the petitioners had urged the court to consider the lack of solid waste management and treatment facility in the entire state, which leads to environmental degradation on a large scale. In their petition, petitioners through Advocate Deven Khanna had requested the court to pass following directions:

General direction to the local bodies to strictly impose a heavy fine on the violators of the law.

  1. Ordering absolute Strictness with regards to throwing garbage in water bodies (rivers, nallahs). He suggested that the fine collected should be used for the restoration of the damaged places.
  2. Officers in charge should be made personally liable if flagrant violations are found in their jurisdictions
  3. Secretary, Town Planning should be directed to ensure that the Master Plan of every city in the State has the provision for setting up of solid waste processing and disposal facilities
  4. Secretary, Urban Development of the State of Himachal and Secretary Panchayats/Rural Development should be directed to prepare the State policy and strategy on solid waste management for the entire State in consultation with the stakeholders.
  5. District Magistrates in the State in coordination with the Secretary, Urban Development, should be directed to ensure identification and allocation of suitable land
  6. Pollution Control Board should be directed to ensure due compliance of the Solid Waste Management Rules, 2016 as per Rule 16 of the Rules.
  7. Direction should be passed to the local authorities i.e. Municipalities, Municipal Corporations, and Panchayat Raj Institutions not to dump the garbage in the river streams/rivulets and forest areas forthwith.
  8. All the Municipalities, Municipal Corporations, Panchayats and other statutory authorities, throughout the State, should be directed to regularly publish the names of concerned Superintendents of Sanitation, Medical Officers and Sanitary Officers and such equivalent officers who are responsible for cleaning the State who can be approached for any complaint/grievance by the citizens of the State.

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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.

Environment

HP Sports Policy Will be Amended For Specially Abled Students: Govt

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HP Sports Policy Amendment

Shimla-Himachal Pradesh Sports Policy will be amended to provide equal participation in sports to visually impaired and specially-abled students, announced the state government on August 7, 2019.

This announcement was made by the Sports Minister Govind Singh Thakur during Van Mahotsav function at Baldeyan panchayat of Shimla district. The event was organised by the Non-Profit Organization Umang Foundation for visually impaired and specially-abled students.

About 200 specially-abled students of Himachal Pradesh University, Govt. Degree College Sanjauli, Special School Dhali and Portmore school along with members of Umang Foundation planted around 250 Deodar plants in association with the forest department.

Visually impaired and other specially-abled persons could also equally contribute in the society if given ample opportunity, the Minister said. He also announced to provide 15 laptops to Umang Foundation for visually impaired students for pursuing higher education. Rs 50 thousand were also announced for these students.

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Environment

Garbage Dumping Polluting Giri Ganga River – A Drinking Water Supply Source of Shimla

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Giri Ganga River pollution in Shimla

Shimla– The Gumma Nagar Panchayat in Kotkhai, Shimla district, like most of the other rural areas, lacks a proper solid waste management system. As a result, the usual method adopted here is dumping daily solid waste down the hill in an official dumping yard.

The locals from the panchayat wrote to Himachal Watcher regarding the adverse effect the dumping site in Gumma causing.

Gumma dumping yard in Shimla district 03 (2)

Overflowing dumping site in Gumma

They said the panchayat has allocated the site shown in the photo above to dump their garbage. This garbage is mostly left unsorted. 

With the growing population and increasing number of shops, the hillside is now overflowing with rubbish. This overflowing waste from the dump finds its way down to the Giri river water. 

It not only looks unsightly but also emits a foul smell. Moreover, the half-burnt rubbish flies in all directions, mostly downhill into the water.

Gumma dumping yard in Shimla district 3

The office of the Assistant Engineer, IPH Subdivision Gumma, is located near to this location. Still, the issue is being ignored. 

“Interestingly, the Department of Irrigation & Public Health is sitting above the location, blind and oblivious to it all,”

Devanshe Chauhan Lidgley, a local told Himachal Watcher.

IPH Office in Gumma

Office of the Assistant Engineer, IPH, Gumma

She further added,

“Complaints have been made to the Gumma Panchayat Pradhan who showed helplessness since it was a decision made by higher officials,”

The panchayat pradhan of Gumma told HW that, indeed, the area is facing a problem with daily garbage. There are five wards in the Nagar panchayat, and villagers do not have any common dumping ground. 

“The villagers have found suitable spots near their habitats where they dump their daily garbage,”

Tara Chauhan, the Pradhan of the panchayat told HW

“The dumping site shown in the pictures is particularly created to accommodate daily waste generated by shops in the market. The market has about 300 shops, and the daily waste is transported through pic-ups to the dumping site,”

she added.  

Gumma dumping yard in Shimla district 03 (1)

A Pick-up dumping Gumma Market’s daily waste downhill

She also accepted that this dumping site is now overflowing as the amount of waste dumped is increasing. The issue has been brought to the attention of district administration of Shimla, she said, adding that the administration has asked the panchayat to find a new location for the creation of another dumping yard. However, it’s hard to procure land for it as no one would allow the creation of dumping site on private land, she said. 

“Earlier, we used to set the garbage ablaze when dumping reached on the verge of overflowing. However, now, we have directions not to burn garbage as it causes air pollution,”

Chauhan told HW. 

Gumma dumping yard in Shimla district

As a matter of fact, the said dumping site is overflowing and, in monsoon, a lot of waste is likely to find its way into the Giri Ganga. 

Giri Ganga is one of the main sources of drinking water supply to Shimla, and there is no need to say more why it requires immediate intervention of the district administration and the state pollution control board to prevent water pollution.

In the past, Shimla has already witnessed instances of jaundice outbreaks due to contaminated water that had killed about two dozen people.  However, it appears, we are waiting for another catastrophe to happen before appropriate action is taken.  

The garbage dumped here needs to be removed regularly and disposed of properly before the next truck of garbage is dumped. 

“Is the ‘Swaacch Bharat’ campaign only on papers? How can the National Mission for Clean Ganga (NMCG) succeed if the sources of Ganga are being polluted?”

asked the local.

It is a matter of concern that the district administration is still stuck at creating dumping yards, which is not a proper way to dispose of solid waste. At the same time, the villagers are left at their own to deal with the daily waste they generate. The State government needs to provide a solid waste treatment facility in rural areas.  

However, there are reasons to believe that the government is hardly concerned about this gigantic environmental issue. The only waste treatment plant that was supposed to convert Shimla town’s municipal waste into energy, is lying defunct. Instead, the locals allege, the plant has been turned into a dumping yard, which was on fire last month. The fire kept smouldering for over a week. 

A similar example was witnessed in Kenduwal of Baddi in Solan district where the Municipal Council and the Baddi-Barotiwala-Nalagarh Development Authority (BBNDA) were supposed to construct a solid waste treatment plant. 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, the plant never came up and the two responsible authorities created a huge dumping site by violating a number of environmental laws and guidelines. Not only they created this site on the flood-plains of Sirsa river but also ignored human habitat located at a distance of 30 meters from it.  The families living in this habitat had to approach the state High Court to get relief from the hellish conditions created by this illegal dumping site. 

 

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Neglecting Warnings of Environmental Groups, Studies, HP Govt to Sign MoU for 5 More Hydro Power Projects

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Five more SJVNL hydroproject in himachal Pradesh

Shimla-Ignoring the appeals of the environmental groups and studies indicating devastating effects of hydro power projects on Himalayan ecology and on the lives of the locals, the State government of Himachal Pradesh has decided to allocate five more projects.

An Environmental group Himdhara Environment Research and Action Collective had in June 2019 released their report titled “The Hidden Cost of Hydropower” to highlight the risks associated with hydro power construction, especially in Himalayan regions like Himachal Pradesh.  Echoing the fragility of the Himalayan region due to geological instability and climate change-related disasters like flash floods and cloud bursts, the report had highlighted the role of construction activities that accentuate this fragility.

However, in a meeting Chaired by the Chief Minister Jairam Thakur on July 6, 2019, the government has decided to sign 5 MoUs with SJVNL.

“Proper memorandum of understanding (MoU) would be signed for five hydro power projects most likely in the month of August, this year, which have been allocated to the SJVNL,

Chief Minister said.

These projects include Luhri stage-1 (210 MW), Sunni Dam (382 MW), Dhola Sidh (66 MW), Luhri, stage-2 (172 MW) and Jangi Thopan (780 MW).

“These five hydro power projects have the potential of investment of Rs. 15,000 crores and would provide employment to around 8,000 people,”

he said.

He also suggested that the Chenab river basin would also be developed as it has a capacity of 3000 MW hydro-power generation. The five projects allocated in the Chenab basin have been cancelled and now the government would consider the viability before further allocation of these projects and providing concession to the investors, he said. 

The Chief Minister termed the decision as best possible efforts to boost investment in the hydro power sector. He claimed that this sector is not only an engine of growth but also has immense potential to provide employment. He said the government would expedite the pace of execution of power projects, which had slowed down during the last few years.

The above-mentioned report of the Himdhara Collective had also found that over the last few years, increasing evidence has emerged that hydro power production may not be so ‘clean and green’ after all.  This report, that compiled primary and secondary pieces of evidence of the impacts triggered by underground construction for the run of the river (ROR) hydropower projects, highlighted the issues of environmental hazards and risks involved.

The Report had also mentioned that there are severe environmental hazards linked to the construction of these projects, which the government was not ready to admit. As a result of this deliberate neglection, the villagers, rivers, local water sources, farming lands, local wildlife etc. were suffering. Houses of people were destroyed due to seepage of water from tunnels of hydropower projects and they were forced to evacuate.

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

You can read the complete Report Here

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