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.
Video: Three Shimla MC Workers Caught Dumping Garbage in Forest, Suspended After Video Shared on Twitter
Shimla- Three sanitation workers of Shimla Municipal Corporation were suspended after a video was posted on social media showing them disposing of a large amount of garbage in a forest area. The incident became an embarrassment for SMC as the video went viral on Twitter and reached Central officials and green activists.
As per the local who recorded the video, on November 22 at about 1:30 PM; he saw garbage being dumped in the forest near SMC parking on the cart-road.
A green activist of Healing Himalaya organization picked the video on Twitter and brought it to the attention of the officials of the Centre government. The organization tagged BK Agarwal, Secretary Lokpal, Govt. of India and IFS officer Parveen Kaswan.
It is so disheartening to see my work being undone near lift Shimla,this is one of the most dirtiest sight and now I know why.
We have been working very very hard to keep up the ever growing population & pollution.#shimlalift@RandeepHooda @deespeak @ParveenKaswan @B_K_AGARWAL pic.twitter.com/BX5FaQmoVp
— healing himalayas (@healinghimalaya) November 23, 2019
Sanjeev Gupta, Secretary, ISCS, Home Ministry, also responded on the video and Tweeted,
“An absolute shocker. Stern action should be taken against these reckless murderers of the environment (most likely working for Shimla MC). Will take it up with the State Govt & Shimla MC.”
It’s pertinent to mention that Healing Himalayas had undertaken a cleaning campaign in the said area a few months back. The organization in its Tweet said,
“It is so disheartening to see our work being undone near lift Shimla.”
The SMC was directed to take action. It was found that the sanitation workers of the SEHB society were dumping about two tons of garbage collected from the lift area during one of its cleanliness campaigns.
However, instead of carrying it up to the road for transportation, they dumped it into the forest. The workers were identified from the video and suspended.
According to the Commissioner, SMC, Pankaj Rai, the Area Supervisor and Sanitary Inspector have been served show-cause notices.
Baddi Dumping Yard Case: Blow to Solan Admin as HC Directs Relocation of Family, Construction of House, Cow-Shelter
Solan-As a blow to the trickery of District Administration, Solan, and the Baddi-Barotiwala-Nalagarh Development Authority (BBNDA), the Himachal Pradesh High Court on November 21, 2019, gave a big relief to the families forced to live in inhuman conditions in Baddi’s Kenduwal. These two authorities had been reluctant to relocate or compensate victim families. They went to the extent of not following the orders of the court. In fact, this case has highlighted the hypocrisy of the government over its own Swachh Bharat campaign.
However, hearing the petition, a bench of Chief Justice L.Narayana Swamy and Justice Jyotsna Rewal Dua on november 21, 2019, passed orders directing the Deputy Commissioner, Solan, to identify a piece of land to relocate the family, provide them with a house, electricity and water connection, and consider construction of cow-shelters for their cattle to the satisfaction of the families. The court also appointed Rajnish Maniktala, a senior advocate as Amicus Curiae to assist the court in this petition. Further, the implementation of Solid Waste Management Rules in the entire state has come under the ambit of this petition, which was filed by Shimla-based Advocate, Deven Khanna.
The BBNDA and Baddi Municipal Council had turned the site at Kenduwal into an illegal dumping yard. The Authority was supposed to construct a Solid Waste Treatment Plant years ago, however, instead, it simply created a dumping yard and violated several environmental laws and guidelines. As per the petition, none of the 36 Conditions mentioned in the Environment Clearance letter are fulfilled by BBNDA. Such grieve environmental violation under the patronage of the state government is a matter of huge concern for the state.
The houses of about 32 members of four families belonging to Gujjar families were located at this site. These families had been living here for over three decades. Creating dumping yard around their habitat had made their lives unbearable as well as unsafe due to unhygienic conditions arising due to this illegal dumping yard.
These families had been running from pillar to post seeking relief. However, none of the state government bodies, district administration, police, or the BBNDA authority listened to their grievance. Eventually, Suleman, on behalf of these families, approaches the court to file a PIL.
About six months ago, the court had eventually asked the Authorities to relocate the family to a piece of land that is located at a considerable distance from the dumping yard.
However, BBNDA defied the orders of the court and, in a bid to allegedly threaten the families, it demolished their cow-sheds last month. Over 80 cattle, including about 40 cows and newborns, were left shelter-less to face winters under the open sky. The families had alleged that officials trespassed and demolished their cow-sheds without showing any orders from any authority. Instead, the officials used police force, including armed jawans, to scare them. Himachal Watcher had published a story regarding the same along with a video of the said demolition being carried out.
Surprisingly, none of the other media (dailies and regional news portals) covered this news. In fact, media hardly showed any interest in this petition ever. It appears, belonging to minority community, the suffering of these Gujjar families did not appeal to anyone except the State High Court.
Through their advocate, Khanna, the families have also filed a contempt petition in the court, which is pending.
Meanwhile, hearing the main petition, the said orders were passed by the court.
“In the peculiar facts and circumstances of the case, we permit the petitioner to approach the Deputy Commissioner Concerned by filing a separate application with a prayer for relocation of his house to the extent of land, which is in his occupation, to any other suitable area to the satisfaction of the petitioner,”
the bench said in its order.
“If such approached by way of application is made to the DC concerned, the said Authority shall consider his request and pass appropriate order at the earlier,”
the bench said.
“It is stated by the learned counsel for the petitioner that the cow-shed, having cattle, was demolished. For this purpose, DC concerned to also look into the matter while considering the application of the petitioner for relocation/construction of house/ow-shed as well as providing electricity and water connection for the decent living of the petitioner,”
the bench directed the DC referring to the act of demolishing petitioner’s cow-shelter.
It’s pertinent to mention that when previously contacted by HW, the DC, Solan, had termed this as a case of encroachment, and had said that these families are not eligible for relocation as they are not covered by any such policy. Considering the indifference of the district administration, the current order has come as a blow to it.
The next hearing has been scheduled for December 16, 2019.
CBI Probe in Kotkhai Gudia Case Under Scanner, Forensic Report Suggests Involvement of More Than One Person
Shimla-Gudia Nyay Manch has demanded fresh probe into the ill-fated 2017 Kotkhai Gudia rape and murder case after new revelations were made in the recent hearing in the case.
The case was closed by the Central Bureau of Investigation (CBI) team after booking and arresting a woodcutter for the said crime with a conclusion that it was not a gangrape and only one person was involved. The turn of events left the family of the 16-year-old victim and the people of the state stumped and unsatisfied. Media reports had also challenged the probe.
While CBI claimed to have solved the case after eleven months of investigation, hardly anyone was convinced that a woodcutter could have possibly committed this crime and managed to fool CBI and bribe nine police personals including IG, SP, and DSP to frame wrong people.
The accused police officials, who were booked for the custodial killing of Suraj – one of the six suspects allegedly framed by them, were defending someone, the public suspected. There were many other questions which remained unanswered thus the CBI’s claim failed to convince anyone that justice was done to Gudia.
After a silence of about one year, the inquiry conducted by the CBI is in the public court. During the hearing of the case of custodial death at Chandigarh-based CBI court, forensic experts claimed that there is a possibility that more than one persons were involved in the rape and murder of Gudia.
These forensic experts – HV Acharya, Assistant Director, Forensic Science Laboratory, Gandhinagar, and Hemangi Shah Assistant Director, Forensic Psychological Division, Directorate of Forensic Science, Gandhinagar- had conducted polygraph and Brain Electrical Oscillation Signature Profiling (BEO) tests on the five accused – Rajinder Singh, Lokjan, Deepak, Ashish Chauhan, and Subhash Singh.
During this hearing, they were cross-questioned by the defense counsel, Atvinder Singh.
Singh asked Dr Acharya if he still stands by his observation that the crime in Gudia was conducted by more than one person, Acharya said “Yes” as an affirmative response. Dr Shan also supported Acharya.
A joint observation report was compiled by the two experts and submitted to the CBI.
While their report clearly said that no role of these five accused was observed in Gudia case. Their report had also said that no role of Rajinder was observed in killing of Suraj.
Moreover, the report of these experts has also observed that there was “definite police effort to defend someone”.
The experts stood by their observation that these six accused were arrested and tortured without any direct evidence.
The Gudia Nyay Manch is up in arms again against CBI for an allegedly botched up investigation in the case. The Manch said it would be staging fresh protest against CBI soon.
What is Kotkhai Gudia Case
On July 4, 2017, a 16-year-old girl, who was returning home from her school in Mahasu are of Kotkhai, Shimla, went missing. Her naked body was found in the forest of Halaila on July 6. As per the initial investigation by the police SIT, Gudia was gang-raped and then murdered. The SIT on July 13 arrested six persons claiming that they cracked the case.
However, the family and locals were not convinced that these six accused, five of which were laborers and daily wagers, had committed the crime. The pubic, as well as the media, wasn’t convinced with the theory given by the police SIT. On July 18, public outrage was witnessed after one of these accused was killed in the police custody while locked up at the police station, Kotkhai. The locals pelted stones on the police staff and compelled them to leave the station. The station was then set on fire.
Under huge pressure from the public, then Congress-led state government asked the CBI to investigate the case. By the end of August 2017, CBI had arrested nine police officials including the head of the SIT Zahur H Zaidi, IG, Southern Range, DSP, Theog, Manoj Joshi, and six others for the custodial killing of Suraj. Later, the CBI also booked then Superintendent of Police, Shimla, D W Negi.
In its charge-sheet submitted to the court, the CBI had said that all six accused were falsely framed by the SIT.
The CBI had filed a separate case to investigate rape and murder of Gudia. The CBI team investigated for next eleven months without any success, thereby, facing backlash from the state high court over delay in the investigation. Ultimately, disappointed with the CBI, the court questioned the competence of CBI and asked its Director to appear personally before it.
Immediately after this summon, CBI claimed to have cracked the case in which a woodcutter was arrested. The case was considered to be closed thereafter.
However, doubts remain over botched up CBI investigation in the case.
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