Skip to main content

Attach property of Rajkot solid waste contractors if they don't pay up Rs 25 lakh to affected farmers: NGT

By Our Representative
India’s powerful quasi-judicial environmental watchdog, National Green Tribunal (NTG), in its order on February 14, has asked the Rajkot Municipal Corporation’s (RMC’s) sold waste management site contractors, Hanjer Biotech Energy, to pay up Rs 25 lakh to the affected farmers without any delay, adding, if the contractors refuse to comply within 15 days, the district collector, Rajkot, should intervene and attach their properties and recover the dues. The order has come as a big boon to the farmers, who had complained that their fields had got damaged as a result of the contractors’ failure to comply by environmental norms.
The order says, “We direct the Collector of Rajkot (Gujarat) to recover amount of Rs 25 lakh from M/s Hanger Biotech Energy P Ltd, initially by issuing a show cause notice of 15 days and if no response is received, then immediately by issuing warrant of recovery and causing attachment of the property of the project proponent, which may be sold in auction.” It adds, “The properties be attached as stock and barrel for the purpose of such sale, including the machinery, shares and the concerned bank accounts, may be directed to be freezed.”
Asking the authorities to comply by the order with immediate effect and send a “compliance report” by March 25, the order has come following the failure of the contractors to approach the Supreme Court against the NGT order of December 2013 to pay the amount within a stipulated period. “The counsel for project proponent had sought time to approach the Hon’ble Apex Court, seeking stay as regards payment of amount (Rs 25 lakh) as directed by this tribunal. We have not received any stay order from the Hon’ble Apex Court. No intimation is received about filing of proceedings in the Hon’ble Apex Court”, the NTG explained, justifying its tough stance.
The RMC was in contract with the Hanjer Biotech Energies since 2005 for providing adequate service facility, maintaining hygiene, waste conservation and managing solid waste at the municipal solid waste (MSW) landfill site in accordance with the MSW rules. “But as a result of complete mismanagement of the waste at the landsite, the rural population of the surrounding regions was facing problems of leachate-groundwater problem, adversely impacting ambient air quality, and degradation of the quality of farmlands”, says Mahesh Pandya of the Paryavaran Mitra, which had approached the NGT.
“The Gujarat Pollution Control Board (GPCB) issued several notices to the RMC, yet the latter refused to take any action towards rectifying the situation. As a result, a case was filed by the non-profit environmental organization, Paryavaran Mitra, environmentalist Shailendrasinh Jadeja and residents of village Nakravadi, which was affected the most, in the National Green Tribunal (NGT) against the GPCB, the Central Pollution Control Board (CPCB), the RMC and the HBEPL for polluting the atmosphere around”, Pandya added.
The main demands raised in the case were:
· The present site where MSW was being dumped should be closed, as it was selected against rules.
· Compensation should be paid to the people who have been affected in terms of livestock, health, village common lands, source of water, agriculture etc.
· During the visit to the landfill by authorities various irregularities were seen, even then no action was taken.
· There should be restitution of land in question to its original position.
During the arguments that ensued, the GPCB said it took prompt action against the RMC when complaints were received in the matter. It also said that if any harsh or monetary restrictions were imposed leading to cancellation of contract it would have led to environmental pollution. It simultaneously said that the RMC had failed to ensure compliance to ensure air pollution control, nor did it build any proper fencing to ensure that the residual waste that was being dumped remained within the defined premises. As for the CPCB, it said the matter concerned Gujarat, and it had no role to play, and declined to give any comments.

Comments

TRENDING

'Enough evidence' in Indian tradition to support legal basis for same-sex marriage

By Iyce Malhotra, Joseph Mathai, Sandeep Chachra*  The ongoing hearing in the Supreme Court on same-sex marriage provides space for much-needed conversations on issues that have hitherto remained “invisible” or engaged with patriarchal locker room humour. We must recognize that people with diverse sexualities and complex gender identities have faced discrimination, stigma and decades of oppression. Their issues have mainly remained buried in dominant social discourse, and many view them with deep insecurities.

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Victim of communal violence, Christians in Manipur want Church leadership to speak up

By Fr Cedric Prakash SJ*  The first eleven days of May 2023 have, in many ways, been a defining period of Indian history! Plenty has happened in a rapid-fire stream of events. Ironically, each one of them are indicators of how crimes and the criminalisation of society has become the ‘new norm’; these include, the May Day rallies with a focus on the four labour codes which are patently against the rights of workers; the U S Commission on International Religious Freedom (USCIRF) released its Annual Report on 1 May stating that conditions for religious freedom in India “continued to worsen in 2022”; the continued protest by the Indian women wrestlers at Jantar Mantar for the expulsion of the chief of the Indian Wrestlers Federation on very serious allegations; the Elections in Karnataka on 10 May (with communalism and corruption as the mainstay); the release of the fake, derogative and insensitive film ‘The Kerala Story’; the release of World Free Press Index on 3 May which places India

Delhi HC rules in favour of retired Air Force officer 'overcharged' for Covid treatment

By Rosamma Thomas*  In a decision of May 22, 2023, the Delhi High Court ruled in favour of petitioner Group Captain Suresh Khanna who was under treatment at CK Birla Hospital, Gurugram, between April 28 and May 5, 2021, for a period of eight days, for Covid-19 pneumonia. The petitioner had to pay Rs 3,55,286 as treatment costs, but the Ex-Servicemen Contributory Health Scheme (ECHS) only reimbursed him for Rs 1,83,748, on the basis of government-approved rates. 

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Unlike other revolutionaries, Hindutva icon wrote 5 mercy petitions to British masters

By Shamsul Islam*  The Hindutva icon VD Savarkar of the RSS-BJP rulers of India submitted not one, two,or three but five mercy petitions to the British masters! Savarkarites argue: “There are no evidences to prove that Savarkar collaborated with the British for his release from jail. In fact, his appeal for release was a ruse. He was well aware of the political developments outside and wanted to be part of it. So he kept requesting for his release. But the British authorities did not trust him a bit” (YD Phadke, ‘A complex Hero’, "The Indian Expres"s, August 31, 2004)

India joining US sponsored trade pillar to hurt Indian farmers, 'promote' GM seeds, food

Counterview Desk  As many as 32 civil society organisations (CSOs), in a letter to Union Commerce Minister Piyush Goyal on the Indo-Pacific Economic Framework (IPEF) and India joining the trade pillar, have said that its provisions will allow the US to ensure a more favourable regulatory regime “for enhancing its exports of genetically modified (GM) seeds and GM food”, underlining, it will “significantly hurt the livelihoods of Indian farmers.”

Polygamy in India "down" in 45 yrs: Muslims' from 5.7 to 2.55%, Hindus' 5.8 to 1.77%, "common" in SCs, STs

By Rajiv Shah Amidst All India Muslim Personal Law Board (AIMPLB) justifying polygamy, saying it “meets social and moral needs and the provision for it stems from concern and sympathy for women”, facts suggest the the practice is down from 5.7 per cent of Muslim families in 1961 to 2.55 per cent in 2006.

Modi govt 'wholly untrustworthy' on Covid data, censored criticism on pandemic: Lancet

By Rajiv Shah   One of the world’s most prestigious health journals, brought out from England, has sharply criticised the Narendra Modi government for being “wholly untrustworthy on Covid-19 health data”, stating, the “official government figures place deaths at more than 530 000, while WHO excess death estimates for 2020 and 2021 are near 4·7 million.”