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Legal Review by
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Updated by
Published on
August 25, 2021
March 11, 2023
Edited on
August 25, 2021
Chandrapur, 15 kilometres from Guwahati in Kamrup district, is an area of rich biodiversity and was once proposed to be the state capital of Assam. For the past two years, its residents have been protesting against the state government’s bid to set up an integrated solid waste management plant at the defunct Chandrapur Thermal Power Station. The government has proposed three other decentralised waste processing plants in Sonapur, Odalbakra and Basistha and has allocated land accordingly to the Guwahati Municipal Corporation (GMC).
Chandrapur lies at the heart of the Amchang and Pobitora Wildlife Sanctuaries and is surrounded by the Brahmaputra and three of its tributaries, including the Kolong river. The proposed waste dumping site sits near a World Bank-funded drinking water supply project of the Kolong. A functional waste treatment plant in the vicinity is likley to increase the chance of contamination of the river water from any waste effluents that might spill into the river, especially during the rainy season. This will be hazardous not only to the people but also to the wildlife that drinks from the river.
Before Chandrapur was selected as an alternate site, the GMC dumped solid waste in Boragaon, which falls in the vicinity of Deepor Beel. The Beel is a freshwater lake, an elephant corridor and a protected site. The state government, therefore, ordered the Kamrup Metro district officials on June 24, 2021, to stop dumping waste in Boragaon and utilise the alternate site in Chandrapur. Following this directive, the GMC started dumping waste in Chandrapur from June 28 onwards, sparking protests from the residents of the area.
"The waste has already destroyed the ecology of Deepor Beel, and now it will pollute the waters of the Kolong and the Brahmaputra,” Tutumani Kalita, a resident of Chandrapur and a leader of the All Assam Students’ Union, told LCW during a protest. He added that the people feel vulnerable and have approached the court on multiple occasions to resolve the matter.
Environ, an environmental management agency, says it disregards this ‘dumping culture’ by the government for the disposal of solid waste in the city’s suburbs and rural areas. According to the agency, precious land is being turned into toxic landmass due to waste, which eventually poses a threat to biodiversity, the environment and human life.
In 2019, GMC officials and district authorities made multiple visits to all the proposed sites in Guwahati identified for setting up the solid waste management plants.
On March 10, 2021, responding to a suo moto notice, the Gauhati High Court stated that the main issue in dealing with solid waste in the city is the absence of a solid waste management plant and noted that such a plant is an absolute priority.
In the morning hours of July 14, 2021, police allegedly lathi-charged and attacked many protesters who had blocked 21 waste-dumping vehicles of the GMC from entering the proposed dumping site at the defunct thermal power station. One person was seriously injured and had to be rushed to the hospital. The people allege that the GMC has started dumping waste in their area without any proper infrastructure to manage the waste.
Meanwhile, the Gauhati High Court has issued a notice to the state government seeking details of the plan to build the four waste-processing plants.
Complaint against procedural violations
Opposition against environmental degradation
Demand to relocate Chandrapur dumping ground; Demand to declare Chandrapur an eco-tourism spot; Demand for revival of closed industries.
Urban and Rural
Common
Forest and Non-Forest, Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
605
Type of investment:
Cost of Project
Year of Estimation
2021
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal, The Gauhati High Court
Case Number
Original Application No. 472/2018; PIL (suo moto) No. 3 of 2017
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Lathicharge/teargas/pellets
Physical attack
Whether criminal law was used against protestors:
Reported Details of the Violation:
Police allegedly lathi-charged and attacked many protesters who had blocked 21 waste-dumping vehicles of the Guwahati Municipal Corporation from entering the proposed dumping site at the defunct thermal power station. One person was seriously injured and had to be rushed to the hospital.
Date of Violation
July 13, 2021
Location of Violation
Chandrapur
Nature of Protest
Blockades
Protests/marches
Complaints/petitions/letters/memorandums to officials
Campaigns (grassroots organisations/press releases/media)
Government Departments Involved in the Conflict:
Guwahati Municipal Corporation, Assam Power Generation Corporation Limited
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
All Assam Students' Union, Chandrapur Anchalik Chatra Santha
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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