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Video: HP Govt’s Alleged Illegal Demolition of Sheds Leaves Over 70 Cattle Shelter-less Ahead of Winters

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BBNDA Waste Treatment Plant Petition

Solan-Four families living in Kenduwal in Baddi, Solan district, for over past 35 years and are dependent on selling milk, received a big jolt when some government officials along with police force with armed jawans allegedly trespassed and demolished all cattle-sheds on October 30, 2019. These families own over 70 cattle including 40 cows.

The families told Himachal Watcher (HW) that despite their repeated requests, they were not shown any permission or orders regarding the said tress passing and demolition. The officials with the police force just came with a JCB machine and demolished the cow-sheds. Now, all the cattle are spending cold nights under the open sky, which also jeopardise their lives and health, especially newborns, thus, the business on which these families depend on for their livelihood.

It’s shocking that under the rule of Bharatiya Janata Party, which has been using cows as an agenda for elections at both State and Centre, in reality, showed such insensitivity towards these animals in this case.

Considering the petition filed in relation to the same in the State High Court, it appears that the reason behind this action has more to do with grudges of the BBNDA with these families than law and order. These families – living in Kenduwal for over last 35 years- have become a thorn in the side of BBNDA, District Administration, and the State Government right after they reached the court with a petition.

In the petition, it was exposed that BBNDA had proposed an Rs.9.7 crore Integrated Solid Waste Management facility in Kenduwal in 2012 and obtained clearance for the same in 2015. Entire garbage from Baddi and area under BBNDA was to be treated in this plant.

However, the plant never came up, and instead, the piece of land was turned into a huge open dumping yard.

 

It should be noted that 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 areas have increased by 2018, which implies growth in a waste generation too.

To make it worse, BBNDA didn’t even follow guidelines under the environmental laws. The dumping yard was created on the riverbed of Sira River.

Another disaster was that BBNDA didn’t even follow the guideline related to maintaining a distance of at least 200 meters from human habitat. For years, tons of waste was dumped on this site and eventually, it made the lives of these families a living hell – posing serious health hazards.

The situation became so ugly that these families had to seek legal help and approach the State High Court. The families filed a petition seeking relief.

As per the proceedings, the BBNDA and District Administration could not justify in the court why a dumping yard was created on a land that was sanctioned for building a treatment plant. It made this act as unlawful and this dumping yard illegal. These authorities had to face the the wrath of the court. Eventually, the court directed the authorities to stop dumping waste at Kenduwal and dispose of it in accordance with the environmental laws. The court also directed that the affected families, which were living in inhumn conditions, are relocated within a stipulated period of eight weeks.

Petitioner’s request for relocation and halting of the illegal dumping was allowed by the Hon’ble Court vide its Orders dated 04.10.2018, 21.05.2019 and 4.9.2019.

The order passed on 04.10.2018, the Hon’ble Court had directed,

“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 the law.”

In an order passed on 21.05.2019, the Hon’ble Court had directed,

“…the request made by the petitioner in CMP No.4422 of 2019 regarding the relocation of his house at a distance from garbage dump be also considered and specific response be given in the status report”

Again, in another order passed on 4.9.2019, the court had directed,

“It is stated by the learned Senior Additional Advocate General that the petitioner may be relocated and reported to this Court within two weeks. Post after two weeks.”

The petitioner said that the BBNDA and District Administration had no regard towards or fear of the court orders. They still continue to dump waste at the same site and did not relocate the family.

Instead, these families, which belong to Gujjar community (recognised as Scheduled Tribes), begun to face the wrath of the government system following it. The families alleged that they were even threatened in order to dissuade them from reaching the court or taking any legal step.

The families on October 30, 2019, had to approach the court again with a contempt petition.

As per the contempt petition, the BBNDA did not even obtain permission to establish an SWT plant from the Pollution Control Board, which is a mandatory condition under Section 19 (3) of the 2016 Rules. There is also a flagrant violation of Section 24 and 25 of Water Act 1974, and Air Act 1981, the petition says.

As per the petition, none of the 36 Conditions mentioned in the Environment Clearance letter are fulfilled by BBNDA.

On October 30, 2019, when the family again approached the court complaining that its orders were not followed by authorities, their cowsheds were demolished within a few hours without showing any order, the petitioner alleged.

As per the advocate for the petitioner, no authority can issue orders of demolition on that property because the case is pending in the High Court as well as in the lower court. To issue any such order, these authorities will have to obtain permission from the court. No such permission was taken from the court, he said. This means that the entire act was a case of tress passing and illegally conducting demolition.

The families also told HW that a letter seeking relocation as per the court orders was written to the DC too.

The contempt petition clearly mentions,

“Representation dated 10th June 2019 was made to District Commissioner, Solan, Himachal Pradesh and a copy was also sent to competent Sub Divisional Magistrate for Seeking adequate compensation and rehabilitation under “The Right to Fair. Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”, for relocation in accordance with law…”

When HW talked to the DC, Solan, KC Chaman, he said that he is not able to recall receiving any such request.

About the demolition, he said the matter was not in his knowledge.

He further told HW that the land belongs to the government and these families have encroached upon it. Keeping aside the orders of the HC, the DC said these families are not entitled to get any land under any scheme or policy.

However, the petitioner’s advocate argued that once the court has passed orders of the relocation of these families, it doesn’t matter whether they were entitled under any scheme or policy or not. The authorities are ought to obey the order and relocate them.

“The entire area, which is about 41 bighas, falls within the planning area. It’s government land that is allotted to BBNDA for construction of waste treatment plant. Therefore, fencing and the process of clearing the land are being carried out by the BBNDA authority,”

the DC said.

“The BBNDA does not need my permission to issue such orders and it can do so at its own discretion. The Town and Country Planning Department might have issued such orders,”

the DC said when he was apprised of the allegations of the families that they were given no notice and shown any orders.

Other than that, the family has written to the National Commission for Scheduled Tribe seeking justice. Similarly, applications were given to the Superintendent of Police, Solan, in 2018 complaining that BBNDA was violating court orders. The SDM, Nalagarh, was also requested to intervene. For years now, they are running from post to pillar. However, no relief came from anywhere. 

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The Story of Himachal’s ‘Friendly Leopard’ from the Viral Videos

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Viral Himachal Leopard Cub Video

Kullu-Several videos of the ‘leopard incident’ in Tirthan Valley, Kullu district, Himachal Pradesh, are going viral in India and would soon spread to international media. Anyone who is watching these videos is wondering as to how a wild predator who avoids humans, habitats, roads etc. and is a shy feline happened to be playing with people amid a huge gathering of people around him, traffic jam, and a lot of noise. It’s just like a fantasy to see a wild animal having such close, friendly contact with humans despite not being familiar with humans. Not only it was dangerous for the animal itself but also the ignorant people chasing him with mobile cams in their hands. That’s what we could infer from the response given by forest officials after watching the behavior of the people in these video clips. Himachal Watcher has also compiled several video clips of the incident.

A lot of our curious readers had been writing regarding the incident, so we talked to people who actually have knowledge regarding wildlife and animal behaviour in order to find a possible explanation for this rare leopard-man contact. It turned out, opposite to the fun people were having with this animal, it was a sensitive matter for the wildlife officials. 

We talked to the Divisional Forest Officer (DFO), Banjar, Praveen Thakur and HPFS, Sachin Sharma, who is currently posted as DFO, Great Himalayan National Park (GHNP).  Readers had been asking us questions; Where did it come from? How did it become so friendly with humans? What happened to the cub later? So we requested DFO, Banjar, Praveen Thakur, to answer these and some other important questions related to the incident. 

What you already know is that a leopard came out of the wild onto the road near Sarchi – Nagladi bridge in Tirthan valley on January 14. This belt comes under the Great Himalayan National Park. People stopped their vehicles and came out to record videos. The leopard was seen playfully grabbing different people. A traffic jam and a huge gathering of people, mostly locals, were seen in the videos. It was something that people had never seen, at least in this part of the world. 

The DFO, GHNP, also admitted that this is highly uncommon to see such ferocious wild predator getting so friendly within a few hours after contact with humans. But in this case, it was just a cub, aged about seven to eight months. 

“I haven’t seen or heard of such an incident where a wild leopard became so friendly with humans that he started to play with them. These animals are generally shy and smartest in the feline families. They avoid humans and their habitats,” he said.

When asked whether a cub of its age, considering strength and growth of nails and teeth, was capable of inflicting harm or not, he said that on sensing a threat it can. He condemned the behaviour of the people as it was not only dangerous for them but also the animal.

“Amid such a chaotic environment, the behaviour of any wild animal would be unpredictable. If not intentionally, the cub could have inflicted minor injuries to someone while playing. In that case, the reaction of people could have been hostile and things could have gone wrong,” he said.

In his opinion, this rare instance can’t be termed as a result of man-animal conflict. No other instances where these animals attacked or caused harm to humans in this region have been reported, he said.

The DFO, Banjar, Praveen Thakur said he was also surprised but also gave an explanation.

“It was an eight- to-nine-month-old cub, who got separated from its mother. The mother with its cubs lives in a nearby forest in a territory of four to five square kilometers. There was an incident of fire in the area and the cub, most probably, got separated from the mother due to it,” the DFO told Himachal Watcher.

Regarding the friendly behaviour of this cub, he said,

“Several videos are going viral on social media where the cub was looking comfortable and friendly with humans amid a crowd. Adult leopards show behavioural changes before becoming mature animals. They mostly avoid humans. But it was not an adult leopard, but just an 8 to-9-month-old cub,” he said.

“However, the cub did not get friendlier at the starting and was avoiding vehicles. As per my knowledge, for the first few hours, the cub was seen roaming around in a distress and avoiding humans and vehicles. (Watch Video). Initially, a couple of vehicles stopped to see the cub. As it was just a cub unable to hunt and survive at its own, it got friendlier after sensing that humans were not harming and, thus, were no threat. Cubs can get friendly on sensing no threat. Similarly, cubs and young offspring of several other animals can get friendlier.”

If watched video clips carefully, the cub was curious and trying to explore this new environment. But at the same time it was distressed as it had gotten separated from its mother and was in a environment not natural for it.

Citing a previous case, the DFO said,

“Not long time ago, we had rescued a bear cub. He had also become friendly within no time.”

“In the present case, we have identified the family. Mother lives in the forest not far from our Rest House. The area falls under the Great Himalayan National Park and is not far from the road. The family is not entirely unfamiliar with traffic and human movement,” he told HW.

In the current incident, he said that it’s a case of separation of the cub from mother.

A forest fire was reported in the territory of this family, and the mother or the cub got stuck somewhere due to it, resulting in a separation.”

He confirmed hearing calls from its mother. Mother would make a particular sound as a form of a call when trying to find its cubs, he explained.

He said that the department received the information regarding the presence of this cub among humans a little late. On receiving information, a rescue team was dispatched, which reached the spot within half-an-hour.

The team caught the cub with a net without much difficulty, he said. As it was healthy and had no injury or disease, it was released into its natural habitat as guidelines say that in such a case the animal should be released to its natural habitat as soon as possible to reduce distress.

He also said that teams are continuously monitoring the movement of the cub to ensure that it reunites with its mother and do not venture into human habitats or comes near the road again.

The mother and the cub are only a couple of kms distance apart. The cub would also make calls, which would help the mother find it, he said.

He rejected speculations of this cub being raised as a pet.

“His mother would have not been making calls if the cub was raised as a pet. These calls imply that the cub got separated very recently,” he said.

“After consulting wildlife experts, we have decided that in case the cub is seen venturing into human habitats or places having human presence and displaying same friendly behaviour again, then it would have to be captured and sent to the rescue centre in Gopalpur in Kangra district,” he said.

If it would grow up while remaining in friendly contact with humans, it might not get capable of attaining hunting skills to survive at its own in the wild. Moreover, these animals could inflict grieve injuries unintentionally while playing.

However, we are certain that the mother would soon find the cub. We will keep monitoring it until the mother stops making distress calls, he said.

On being asked whether this cub was capable of hurting or injuring a human, the DFO said that cubs of this age lack hunting skills, and it’s mostly after one year of age that the mother starts training them.

The DFO, however, expressed more concern over the behaviour of the people than that of the animal.

Most of these people were locals and they are often made aware about dos and don’t on an encounter with a wild animal.

“As soon as I came across the videos, I contacted a few people who were present on the spot including the Pradhan of the area and told him to ask people to stay away from the cub and to not chase him for photos and videos. I had even spoken to the local police to help manage the situation as people were not even listening to our Rangers,” he told HW.

“It was a complete nuisance that the people were creating by causing a traffic jam, chasing the cub, and trying to get close to it. We are trying to identify some people visible in the video deliberately going near the cub,” he added while informing that there are provisions of three to six months of imprisonment for those creating nuisance for or teasing wild animals, especially those protected. Leopards are protected under Schedule 1 of the Indian Wildlife Protection Act.

He urged the people to avoid wild animals if they happen to encounter them. Stay away from them, do not gather around and obstruct their path. Left alone, on sensing no threat, these animals eventually find their course and go back to their natural habitat, he said. In the current case, the situation would have led to chaos if it was a mature leopard, he said.

Even if you want to watch the animal then, at least, maintain a safe distance or remain in the vehicle, he added.

When asked whether this instance can be related to man-animal conflict and is a matter of concern or not, the DFO said,

“This can’t be termed as a matter related to man-animal conflict and isn’t a matter of concern as long as animals do not enter human habitats and kill livestock or attack humans. Moreover, such judgement can’t be made based on a single instance.”

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Farmers Welcome SC Order to Stay Implementation of Farm Laws But Suspicious About Formation of Committee

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stay on farm laws

New Delhi: The Supreme Court on Tuesday stayed the implementation of three contentious farm laws passed by the Centre Government, which has led to huge protest from hundreds of farmer groups. The stay implies that the Centre Government can’t take any executive actions based on these laws till further order. 

“The implementation of the three farm laws (1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; (2) Essential Commodities (Amendment) Act, 2020; and (3) Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, shall stand stayed until further orders,”

said the order passed by a panel headed by the Chief Justice of India (CJI) Sharad A Bobde on Tuesday.

Further, the MSP system would continue as it was before the enactment of the laws.

“As a consequence, the Minimum Support Price System in existence before the enactment of the Farm Laws shall be maintained until further orders. In addition, the farmers’ land holdings shall be protected, i.e., no farmer shall be dispossessed or deprived of his title as a result of any action taken under the Farm Laws,”

the order said.

With this order, the SC hoped to end the ongoing impasse over the contentious farm laws.

The farmers who have been protesting for over the last 45 days, welcomed the SC’s order.

However, at the same time, the Apex Court ordered the formation of a committee to listen to both sides and make recommendations to the court. The committee, which would comprise of Agriculture economist Ashok Gulati, Bhupinder Singh Mann, Dr Prmod Kumar Joshi, former director of National Academy of Agricultural Research Management), and Anil Ghanwat from Shetkari Sangathan, was asked to submit its report in the court within two months.

The CJI, in its order, speaking about the purpose of this “extraordinary” order, said,

“While we may not stifle a peaceful protest, we think that this extraordinary order of stay of implementation of the farm laws will be perceived as an achievement of the purpose of such protest at least for the present and will encourage the farmers’ bodies to convince their members to get back to their livelihood, both in order to protect their own lives and health and in order to protect the lives and properties of others.”

Though a stay on the implementation of laws was welcomed by protesting farmers, several unions said that they would not accept this committee and the protest will continue. They said the Government is trying to form this committee through the Supreme Court. This committee, they said, included persons who have already been justifying the farm laws. They said the purpose of this committee is nothing more than creating a diversion. The protest would be armed up and only a repeal of laws would be accepted, the unions said. 

At the same time, the SC was undeterred with these statements and said there is nothing that can stop it from forming a committee. The SC asked the farmers to cooperate with the committee.

On the other hand, the Government was more concerned about that other political parties would think of the stay as a “political victory”.

Further, the Government has also expressed apprehension about security breach due to the tractor rally planned by protesting farmers on the Republic Day.

K.K. Venugopal, Attorney General, told the court that there are reports that the farmers’ bodies may take out a tractor rally on January 26, 2021, disrupting the Republic Day Parade and celebrations However, the same was stoutly denied by Dushyant Dave, learned senior counsel appearing for a few of the farmers’ bodies on the ground that at least one member of the family of each of the farmers from Punjab is in the Army and that they would not disrupt the Republic Day celebrations.

The Court, in its order, said that several rounds of talked between farmers and the Government have failed and there was no solution in sight.

“The situation on ground is: (i) that senior citizens, women and children are at site, exposing themselves to serious health hazards posed by cold and covid; (ii) that a few deaths have taken place, though not out of any violence, but either out of illness or by way of suicide,”

the order said.

The court also lauded the farmers for carrying on the agitation peacefully without any unwanted incident.

Further, the Court orders also mentioned separate petitions filed by individuals/residents of the NCR complaining of blockade of roads/highways leading to Delhi and terming it an infringement of the fundamental rights of other citizens to move freely and to carry out trade and business.

Stay on 3 Farm Laws and Formation of Committee: Read Full Order of Supreme Court

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Inflation, Increased Cost of Food Items, Ration, Crumbling Health Infrastructure, and 100 Gram Sugar: Govt’s Diwali Gift to People

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hp govt's gift on diwali 2020

Shimla-The Himachal Pradesh Government has collected over Rs. 86 crores in the name of the COVID-19 relief fund, but only Rs 25 crore was spent. It was stated by Sanjay Chauhan, former Mayor of Shimla and a senior CPI (M) leader. It’s a shocker considering negligible relief measures and the state of health infrastructure crumbling amid a pandemic. The unpreparedness of the state government to deal with community spread of coronavirus is coming to light as its COVID-19 hospitals have begun to run out of beds in isolation wards. Two major medical facilities -Indira Gandhi Medical College & Hospital and DDU Hospital in Shimla- are packed to their full capacity. 

What’s not shocking is that Chief Minister did hail the Prime Minister, exactly as he was told, claiming that the nation is out of COVID-19 crisis. It suggests that the Chief Minister is little aware of the surge in cases and over 400 COVID-19 deaths, of which 93 were reported during the last 12 days of November month. Yesterday, the state has reported over 700 cases with six deaths, which is alarming.

“Prime Minister Narendra Modi deserves all praise for his dynamic leadership as he is successfully steering the Country amid all troubles and difficulties. He has successfully brought the Nation out of Covid-19 crisis,” 

said Chief Minister Jai Ram Thakur, while addressing a public meeting at Sihunta under Bhatiyat Assembly Constituency on Wednesday. 

Talking about the real situation and relief measures, the state Government became a laughingstock and was being trolled on social media after it announced 100 gram sugar and 500-gram rice per person to all ration cardholders as a Diwali gift. If that was not enough, according to a media report, this quota has still not reached the depots. There is a possibility that it would reach the cardholders only after Diwali.

The reason behind this backlash is not only that 100-gram sugar is too trivial to be called a gift or relief, especially amid a pandemic when common people, especially those falling in middle and lower-income groups, are faced with unemployment and economic crisis.

While the people were hoping for relief from their elected government, inflation was on the rise. Currently, prices of food items including vegetables and other essential commodities have also witnessed a huge increase. Further, cut in subsidy on electricity, hike in bus fare, increase in property tax, rise in diesel and petrol prices etc. have put additional burden on the commoners. 

Then there were other issues like relaxation in garbage collection fee for the period of lockdown. Sadly, the public did not get any relief even in garbage bills despite staging protests. 

Meanwhile, Ministers made news for spending tax money on buying luxury vehicles and VIP numbers. 

Oppositions, Congress and CPI (M) have also targeted the government over its failure to provide any considerable relief to the people when it’s most needed. As per oppositions, the current government has no control over the market or inflation.

Chauhan also raised the issue of thousands of vacant posts of doctors, para-medical staff, nurses etc. at medical facilities across the state. He said that of the total 1000 posts of lab technicians, 700 were still vacant. He said that the government did not prepare for a community spread despite having a time of eight months during the lockdowns. It was due to this lackadaisical attitude of the government that currently IGMC and DDU hospitals have run out of space in isolation wards, he said.

He also said that, in an all-party meeting convened on March 21, CPI(M) had given the government 12 recommendations to effectively deal with the situation. The party had suggested that thousands of vacant posts should be filled at the earliest, all government buildings construction of which were completed should be prepared to accommodate COVID-19 patients. Similarly, at least four blocks of the under-construction building of IGMC should also be equipped with facilities to accommodate patients, the party had suggested. 

On November 8, 2020, the state unit of Mahila Congress staged a protest over a huge increase in prices of food items. They wore garlands of potatoes and onions and marched from the party headquarter to the Office of Deputy Commissioner, Shimla. Women alleged that the people have received no relief despite such a huge crisis. Instead, the current government is encouraging hoarding of essentials.

The opposition also said that the government has increased the rate of cereals provided through the public distribution system. This increase is Rs 5 for cereals and Rs. 9 for mustard oil. Vegetable prices have gone beyond Rs 50 during the festival season. It also said that the registration fees of vehicles have also been increased.

Sanjay Chauhan is of the view that to provide relief, the government should deposit at least Rs 7500 in the accounts of consumers and provide them with 10 kg ration per person for free.

He also said that recently the government has hiked the charges for electricity and installation of meters. The government has now withdrawn its notification restricting schools to charge only tuition fee and allowed them to charge full fees, including those pending for the period of lockdown, he said. This decision has come as a huge financial burden for parents and is causing mental harassment. 

The policies of the current government are only benefiting corporates, while other sections like labourers/daily wagers, small scale industries and businesses, shopkeepers, farmers are faced with financial crisis and unemployment due to lockdowns imposed in view of corona pandemic, Chauhan said. 

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