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Legal Review by
Edited by
Updated by
Published on
June 28, 2023
June 30, 2023
Edited on
June 28, 2023
In April, 2023 thousands of Pune residents and environmentalists held a rally to protect Vetal Tekdi or the hills which form the highest point of Pune.
A press release in March 2023 by PMC stating that tenders for the road construction would be floated soon triggered this massive protest. For the protestors, Vetal Tekdi are important green lungs of the city. which need to be protected. The rally was organised to oppose two more projects, besides this road development.
The road project is the construction of the Bal Bharti- Paud Phada (BB-PP link road) connection road which passes through Vetal Tekdi. The proposed BB-PP link road project is [2.1 km long](https://d1fdloi71mui9q.cloudfront.net/R7CJtYDLRT26EcdyHrog_Balbharti-Paud Road PPT to Estimate committe.pdf), [30 m wide](https://d1fdloi71mui9q.cloudfront.net/R7CJtYDLRT26EcdyHrog_Balbharti-Paud Road PPT to Estimate committe.pdf), and has a [24 m](https://d1fdloi71mui9q.cloudfront.net/R7CJtYDLRT26EcdyHrog_Balbharti-Paud Road PPT to Estimate committe.pdf) carriageway and [6m](https://d1fdloi71mui9q.cloudfront.net/R7CJtYDLRT26EcdyHrog_Balbharti-Paud Road PPT to Estimate committe.pdf) path for pedestrians. The road starts at the point close to the Balbharati Building on Senapati Bapat Road and ends at Paud Phata at Kelewadi. It runs parallel to the Law College Road passing over the foothills of the Vetal Tekdi.
The project will require cutting down 1500 trees and disruption of the aquifers below the Tekdi. Besides the road, the other two projects include the construction of two tunnels through the Vettal Tekdi. And the HCMTR – an elevated ring road of which 2km is aligned along the hill slope of Pune Law College. Activists assert that the environmental utility and importance of the Tekdi far exceeds the traffic decongestion obtained from the project.
The BB-PP link road project has been a bone of contention for Pune Municipal Corporation (PMC) since it was first proposed in the 1982 Development Plan (DP) of Pune. In 1987 Punekars expressed strong objection to the proposal of a road through one of the dense green patches of the city by carrying out an agitation.
The state government of Maharashtra cancelled the road proposal in 1987. In 1996 the road project was again proposed and approved by the general body resolution of PMC. This was followed by opposition from Pune residents, delaying the implementation of the project.
Finally in 2006 a Pune based NGO, Nagrik Chetana Manch filed a Public interest Litigation (PIL) against the proposed road.
The court ordered multiple status quo orders against the road construction and ultimately in 2016 asked the PMC to conduct an environment impact assessment (EIA) and traffic study by an expert committee (EC) before beginning any construction in the area.
In 2017, PMC formed an expert committee and hired two consultants to prepare the EIA report (VKe, consultancy firm) and Traffic Survey (Sustainancy, consultancy firm). In 2018, the PMC passed the second phase of the city’s Development Plan (2007-2027). Going against the court's decision on the matter, the PMC approved the same road in that plan before the expert committee could submit its reports.
As per Vetal Tekdi Bachav Kruti Samiti (a collective formed to save Vetal Tekdi), thousands of Pune residents shared their suggestions to the Development Plan, and demanded that the hill be kept in its natural state.
The [EIA and traffic](https://d1fdloi71mui9q.cloudfront.net/LAlyzKYpTrSHhLsEJKxk_PMC_Traffic_EIA_MainReport_Balbharati road_RTI.pdf) study were ready by June 2021. One of the independent members of the expert committee, Maj Gen Jatar stated that the ecology of the hills would be critically and irreversibly impacted including seriously impacting groundwater sources of the area.
Even after the recommendations of the independent member of the EC, the PMC went ahead with the proposal to construct the road. This decision has led to the current protests by residents of nearby areas and activists in the city who have come together as a collective named Vetal Tekdi Bachav Kruti Samiti (VTBKS). This collective has received support from leaders of all major political parties in the city except the Bhartiya Janata Party.
The collective has put forward three demands: all the projects in the tekdi should be scrapped, the area should be declared a natural heritage and reserved as a 'no development / no construction zone'. Finally, public spending should be directed towards strengthening public transport instead of such developmental projects.
Dr. Sushma Date, from the collective, told LCW she believes that the road is not just environmentally degrading but is also a poor investment of public resources as the road will decongest very minimum traffic, which will come back to its current levels in 10 to 12 years.** **
In June 2023, members of VTBKS alleged that the real purpose of the road project was to create an access road for a township project in the hill.
Demand to cancel the project
Demand to retain/protect access to common land/resources
Opposition against environmental degradation
Urban
Common
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
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):
₹
235.95
Type of investment:
Cost of Project
Year of Estimation
2018
Page Number In Investment Document:
48
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
Yes
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
No
Name of the adjudicatory body
Name(s) of the Court(s)
Bombay High Court
Case Number
PIL no. 156 of 2006
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
Nature of Protest
Advocacy (for inclusion in courts)
Campaigns (grassroots organisations/press releases/media)
Development of a network or collective
Protests/marches
Public campaign
Objections as part of official procedures
Government Departments Involved in the Conflict:
Pune Municipal Corporation
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:
Vetal Tekdi Bachav Kruti Samiti
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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