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Published on
September 4, 2017
May 17, 2022
Edited on
September 4, 2017
Since 2014, the residents of Sakri village had complained about an illegal waste dumping site on their common land, where the Raipur Municipal Corporation (RMC) would dump waste from Raipur city. According to the residents, the action violates the Solid Waste Management Rules, 2016. Traditionally, the common land has served as a playground and space for cultural activities for the Scheduled Caste households in and around the village. Before Sakri, the RMC used to dump the citys waste in Sarona village. But this came under the scanner of the National Green Tribunal (NGT) after an environmentalist, Nitin Singhvi, filed a petition. Consequently, the NGT ordered the RMC to shift the site from Sarona due to its negative impact on the environment and public health. Following this, the Raipur administration proposed a project to develop a municipal solid waste processing and disposal facility in Sakri. In 2012, the district administration alloted the common land of the village to the RMC allegedly without the consent of Sakri Gram Sabha. In 2014, the administration tasked Raipur Waste Management Private Limited with the duty of waste management and transportation. However, the village residents became agitated by the wrongful acquisition of their common land and the poor management of the waste dumping site. They were also concerned about the risk of pollution and contamination of the water sources and its impact on livelihoods. In the EIA report, the company mentioned the potential impact of the landfill on groundwater contamination. In 2016, during a public hearing, the people too registered their protests and spoke about the impact of pollution on agricultural lands and animal husbandry. Regardless, in August 2016, the project received environmental clearance. The residents submitted a written complaint to the RMC, but to no avail. The site in Sakri came under further scrutiny after the Airports Authority of India considered the objections raised on the distance of the new waste dumping site in Sakri from Raipur airport in view of the Directorate General of Civil Aviation (DGCA) norms. In January 2017, the National Green Tribunal (NGT) directed the RMC to seek permission from the DGCA for the dumping site. In July, the NGT also ordered the RMC to construct a solid waste management (SWM) plant in the village within four months and to set up a panel for monthly updates. In response, the RMC confirmed that the plant would come up in Sakri. In January 2018, a resident of Sakri filed a petition with the state Human Rights Commission, which wrote to the RMC commissioner. In August 2018, the DGCA granted a conditional No Objection Certificate to the landfill after reassessing the distance. Meanwhile, the RMC continued to dump waste in both the villages. On April 11, 2019, the Chhattisgarh high court ordered the RMC to complete the SWM plant in Sakri and to stop dumping waste in Sarona village by June. But the RMC requested an extension to complete the shift even as protests broke out in Sarona. In the same year, the Chhattisgarh Environmental Conservation Board (CECB) decided to intervene after the villagers in Sakri repeatedly appealed. In September, the board undertook an inquiry and site visit. It concluded that the RMC was flouting the norms of solid waste management on multiple counts and noted that the construction of the plant had not progressed. Following this, in December 2019, the CECB issued a notice to persecute the RMC after the corporation did not explain its failure to adhere to the norms despite multiple reminders. The RMC refuted the allegations and reassured the CECB that the plant would be completed in January 2020. In a high court hearing on December 16, 2019, the court directed the RMC to abide by the norms for waste disposal. It also questioned the authorities on its decision to select a site, which was surrounded by households and where a pond was already situated. The villagers also submitted evidence showing the discharge of hazardous effluents from the waste. In January 2020, the CECB proposed to the court to fine the RMC with INR 7 crore for its failure to comply with the norms. The court also reprimanded the corporation for continuing to dump the city's waste after repeated warnings. In June 2020, the state government finally inaugurated the SWM plant after a delay of over three years.
Complaint against procedural violations
Opposition against environmental degradation
Demand to retain/protect access to common land/resources
Rural
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?
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):
₹
124
Type of investment:
Cost of Project
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Acquisition Laws, Environmental Laws, Constitutional Law, Forest and Scheduled Area Governance Laws, Other
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.
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:
Non-implmentation/violation of PESA
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Chhattisgarh
Case Number
WPPIL No. 31 of 2018; Original Application No. 43/2016 (CZ)
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
Protests/marches
Blockades
Government Departments Involved in the Conflict:
Raipur Municipal Corporation, Chhattisgarh Environment Conservation Board
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:
Raipur Waste Management Private Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
National Green Tribunal
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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