Pirdi, a village on the banks of river Beas in Kullu Valley in Himachal Pradesh, has been a common waste disposal site for Bhuntar Nagar Panchayat, Municipal Corporation Kullu (MC) and Shamshi village since 1991. The site also houses an incinerator that burns biomedical waste from the neighbouring areas of Mandi, Bilaspur and Kullu.
According to the biomedical waste annual report of 2017-18 of the Himachal Pradesh Pollution Control Board, the Pirdi dumping site collects 340 kilogram of biomedical waste per day, in addition to the 18.74 metric tonnes of solid waste generated from nearby places. The installed incinerator, on the other hand, only has the capacity to treat 150 kilogram of waste per day. The dumping site is situated at a distance of five kilometres from the city and is one kilometre away from human habitation. The distance from the nearest water body is a mere 30 metres while seven to eight schools are located within three kilometres of the site.
The residents of Balh, Mohal, Jarad and Talogi panchayats, which are in the vicinity of the dumping site, are anxious of health risks and environmental pollution. They have also complained about the foul smell emanating from the garbage. They allege that the garbage is being dumped illegally in the name of making compost.
On June 19, 2017, the National Green Tribunal (NGT) ruled that the Deputy Commissioner, Kullu, and Executive Officer of the Municipal Committees of Kullu, Manali and Bhuntar shall ensure that no garbage is dumped in Pirdi, adjoining Johar Village, particularly on the river bank. It was submitted that within two weeks from that day a site would be identified by the deputy commissioner where municipal solid waste would be dumped for its proper management and handling
The Supreme Court also dismissed a plea of Kullu MC to continue to throw garbage at the Pirdi dumping yard and incinerator plant and directed it to follow the orders of the NGT. When no action was taken for almost a year, and garbage continued to pile up in Pirdi in violation of the NGT judgement, the residents and members of Forest Rights Committees (FRCs) from the three panchayats staged a protest in Kullu in September 2018, forcibly stopping waste collecting vehicles at the site by blocking the road. They had also submitted a memorandum to the concerned authorities earlier.
When Kullu MC could not find an alternative site for disposal, it moved the Supreme Court to seek relief. On October 1, 2018, Kullu MC bought itself four weeks’ time from the Supreme Court but it again failed to find an alternative site. Following this, the residents took to the road again at the end of October. After the relief period, the municipal council continued to dump garbage here. Nobody came to stop them. They are causing harm to the environment.
The municipal corporation should comply with the Supreme Court order, Joginder Thakur, president of FRCs in Balh Panchayat, told Land Conflict Watch. In response to this, the municipal corporation once again approached the apex court, which dismissed its plea and directed it to stop dumping by January 2, 2019.
Meanwhile, in the absence of an alternative site, the garbage continued to be thrown in the open, posing a problem to residents and tourists alike.
In early January 2019, the district administration and MC recognised two alternative dumping sites in Bajaura and Dughilug villages, but the residents refused to give an NOC following the Gram Sabhas.
Subsequently, in February 2019, the administration finalised Aima panchayat in Kangra district as the site for establishing the new solid and liquid waste management plant. In a newspaper report, the Kullu DC stated that, the garbage from 11 wards would collected and disposed of scientifically at the new plant. He also lay emphasis upon ensuring that the project was environment-friendly. As per a 2020 news report, the site is operable.
Demand/Contention of the Affected Community
Complaint against procedural violations
Opposition against environmental degradation
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
Demand to shift the location of the waste disposal site
Region Classification
Urban and Rural
Type of Land
Common
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?
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?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project scrapped
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Government or community-regulated urban commons
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
Yes
When did it end?
February 2019
Why did the conflict end?
Conflict ended due to any other reason
Following the court orders, and based on the NGT rulings, the Kullu administration selected a new site for waste disposal in February 2019. It is a new solid and liquid waste management plant in Aima Panchayat of Kangra district.
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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.
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:
Lack of legal protection over land rights
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal, Supreme Court of India
Case Number
Original Application No. 237 (THC)/2013 (M.A. No. 325/2016 & M.A. No. 687/2017) and Original Application No. 492/2014; Civil Appeal No(s). 10224/2018
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Kullu Municipal Committee, Kullu District Administration, Forest Rights Committees, Balh, Mohal, Jarad and Talogi panchayats, National Green Tribunal
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:
Residents of Balh, Mohal, Jarad and Talogi villages
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?
Himdhara is an autonomous, non-registered environment research and action collective based in Himachal Pradesh, extending solidarity and support, in research and action, to communities and organisations asserting their rights to access, govern and protect their ecological spaces.
Violent protest during public hearing for cement plant expansion in Meghalaya's East Jaintia Hills
Residents of Narela's Bajitpur Thakran oppose demolition of temples for defence institute, demand sports complex
Adivasis in Chhattisgarh's Hasdeo protest relentlessly against mining project in forest
Lawyer bodies protest against Assam government’s decision to relocate Gauhati High Court
Demands for Ram Temple, Babri Mosque at same site divides Ayodhya
Supreme Court Allows Land Reclamation for Mumbai Coastal Road Project
Farmers Refuse Land for Pune Outer Ring Road Project in Maharashtra
Slum Dwellers in Gujarat's Surat Stage Protest against Demolition, Forced Eviction