Maharashtra
Punawale
,
Pimpri Chinchwad
,
Pune
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Maharashtra government accedes to locals' demand, scraps proposed Punawale garbage depot
Reported by
Maitreya Ghorpade
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
People Affected
2008
Year started
26
Land area affected
Households affected
People Affected
2008
Year started
26
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Waste Management
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

Initially proposed in 2008 by the Pimpri-Chinchwad Municipal Corporation (PCMC), the Punawale Garbage Depot was meant to alleviate the increasing solid waste management requirements of the burgeoning metropolitan of Pimpri-Chinchwad, often touted as Pune’s twin-city.

Accordingly, the PCMC had reserved a 65-acre plot for a garbage depot in Punawale in the development plan (‘DP’) in 2008. Located in the South-Western part of PCMC, this 65-acre plot was located in the Kate Wasti Forest, an area with substantial tree cover which belongs to the Forest Department of Maharashtra.

Despite the provisioning of the plot being made in the PCMC DP, land acquisition and other legal procedures never significantly took off ever since 2008.

Meanwhile, the PCMC continued to experience an economic boom due to its consistent industrial growth, which resulted in several residential and commercial buildings being constructed around the reserved plot.

The city’s economic prosperity was accompanied by a rise in solid waste generation, which was being entirely serviced by the garbage depot located in Moshi, part of PCMC’s North-Eastern area. The PCMC wants to set up a second depot in the South-West, and accordingly had decided upon the Punawale site. The PCMC accordingly paid Rs 3.53 crore to the forest department to get 22.80 hectare land in the Kate Wasti Forest.

However, this move was largely condemned by civil society, as the forested area was not only too closely situated to several residential and commercial buildings, but was also an important source of clean air and biodiversity for the local Punawale residents.

In objection to the proposed solid waste management project, residents organized various protests in 2023, including a 'Ghanta Naad Andolan' aimed at ‘awaking the administration’, and a bike rally, which was flagged off with a ‘Chipko Andolan’, hugging the trees protest in the Kate Wasti forest. These protests were primarily led by the Pimpri-Chinchwad Cooperative Societies Federation (PCCSF) members, and hundreds of local residents participated therein. Thereafter, the PCCSF even sent a Legal Notice to the PCMC demanding that the project be scrapped.

The growing popularity of the movement led to the involvement of the Nationalist Congress Party (NCP), which undertook a chain hunger strike opposing the proposed garbage depot.

Amidst protest by residents of Punawale and Pimpri Chinchwad Cooperative Societies Federation (PCCSF) members, Cabinet Minister Uday Samant on 18 December 2023, announced the decision to cancel the proposed garbage depot at Punawale, during the State Legislative Assembly's Winter Session.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Forest and Non-Forest

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?

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

Other environmental services

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

350

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

December 2023

Why did the conflict end?

Cabinet Minister Uday Samant on 18 December 2023, announced the decision to cancel the proposed garbage depot at Punawale, during the State Legislative Assembly's Winter Session due to persistent protests from the locals.

Author
Reported by
Maitreya Ghorpade

Maharashtra

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Maharashtra government accedes to locals' demand, scraps proposed Punawale garbage depot

Reported by

Maitreya Ghorpade

Legal Review by

Sourabh Rai, Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

September 22, 2024

September 23, 2024

Edited on

September 22, 2024

Sector

Infrastructure

Reason or Cause of Conflict

Waste Management

Starting Year

2008

Land Area Affected (in Hectares)

26

ha

Households Affected by Conflict

People Affected by Conflict

State

Maharashtra

Sector

Infrastructure

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

26

ha

Starting Year

2008

Location of Conflict

Pimpri Chinchwad

Punawale

Pune

Reason or Cause of Conflict

Waste Management

Land Conflict Summary

Initially proposed in 2008 by the Pimpri-Chinchwad Municipal Corporation (PCMC), the Punawale Garbage Depot was meant to alleviate the increasing solid waste management requirements of the burgeoning metropolitan of Pimpri-Chinchwad, often touted as Pune’s twin-city.

Accordingly, the PCMC had reserved a 65-acre plot for a garbage depot in Punawale in the development plan (‘DP’) in 2008. Located in the South-Western part of PCMC, this 65-acre plot was located in the Kate Wasti Forest, an area with substantial tree cover which belongs to the Forest Department of Maharashtra.

Despite the provisioning of the plot being made in the PCMC DP, land acquisition and other legal procedures never significantly took off ever since 2008.

Meanwhile, the PCMC continued to experience an economic boom due to its consistent industrial growth, which resulted in several residential and commercial buildings being constructed around the reserved plot.

The city’s economic prosperity was accompanied by a rise in solid waste generation, which was being entirely serviced by the garbage depot located in Moshi, part of PCMC’s North-Eastern area. The PCMC wants to set up a second depot in the South-West, and accordingly had decided upon the Punawale site. The PCMC accordingly paid Rs 3.53 crore to the forest department to get 22.80 hectare land in the Kate Wasti Forest.

However, this move was largely condemned by civil society, as the forested area was not only too closely situated to several residential and commercial buildings, but was also an important source of clean air and biodiversity for the local Punawale residents.

In objection to the proposed solid waste management project, residents organized various protests in 2023, including a 'Ghanta Naad Andolan' aimed at ‘awaking the administration’, and a bike rally, which was flagged off with a ‘Chipko Andolan’, hugging the trees protest in the Kate Wasti forest. These protests were primarily led by the Pimpri-Chinchwad Cooperative Societies Federation (PCCSF) members, and hundreds of local residents participated therein. Thereafter, the PCCSF even sent a Legal Notice to the PCMC demanding that the project be scrapped.

The growing popularity of the movement led to the involvement of the Nationalist Congress Party (NCP), which undertook a chain hunger strike opposing the proposed garbage depot.

Amidst protest by residents of Punawale and Pimpri Chinchwad Cooperative Societies Federation (PCCSF) members, Cabinet Minister Uday Samant on 18 December 2023, announced the decision to cancel the proposed garbage depot at Punawale, during the State Legislative Assembly's Winter Session.

Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Type of Common Land

Forest and Non-Forest

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

Project scrapped

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Other environmental services

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

350

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

December 2023

Why did the conflict end?

Cabinet Minister Uday Samant on 18 December 2023, announced the decision to cancel the proposed garbage depot at Punawale, during the State Legislative Assembly's Winter Session due to persistent protests from the locals.

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Solid Waste Management Rules, 2016
Rule 15(w) [Provides that the Urban Local Body will be responsible for the "construction, operation and maintenance of sanitary landfill and associated infrastructure as per Schedule 1 for disposal of residual waste.] Rule 15 (y) [Every Local Authority & Village Panchayats of Census Towns and Urban Agglomerations need to obtain Authorization for processing / recycling / treatment and disposal of solid waste] Schedule I(A)(ix) [The siting criteria for setting up waste management facilities mandate the maintenance of a buffer zone of no development around the SWM facility.]
Environmental Impact Assessment Notification, 2006
Para 2 [Prior environmental clearance required by appropriate authority for new projects falling in the Schedule]; Para 7 [Procedure to be followed for grant of environmental clearance]
Maharashtra Municipal Corporations Act, 1949
Section 2 [Restriction on diverting forest land for non-forest purposes without clearance from the union government]
Forest (Conservation) Act, 1980
Section 2 [Restriction on diverting forest land for non-forest purposes without clearance from the union government]
Maharashtra Regional and Town Planning Act, 1966
Section 26 [A planning authority seeking to commence a project shall prepare a draft Development Plan which shall be available to the public for inspection]; Section 28(1) [Any person may communicate in writing to the Planning Authority their suggestions or objection to the Draft Development plan. The Planning Committee, on receiving such suggestions or objections, may modify or change the plan in a manner that they see fit]
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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.

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

Non-consultation with stakeholders

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)

Bombay High Court

Case Number

PIL No. 218 of 2010

Main Reasoning/Decision of court

The Bombay High Court held that the State Government is presently considering the public objections regarding the amendment of the plan under the provisions of the Maharashtra Regional Town Planning Act. The petitioner would be free to participate in the said proceedings, if so advised. If any order which is adverse, the petitioners are free to challenge the same before appropriate forum. Accordingly, the PIL was disposed off.

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Pimpri Chinchwad Municipal Corporation; Forest Department of Maharashtra

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:

Pimpri Chinchwad Cooperative Housing Societies Federation

Information on the use of criminal law

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

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