LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kumarsirik (Project Manager)     13 December 2018

Municipal dump yard menace

In my village the municipality constructed a waste disposal yard on the banks of a water body. I checked with pollution control and revenue. None have received any application for necessary statutory clearances for EIA and land alienation. The land they constructed belongs to my family given to my Grand father in the category of political sufferer for his services to Freedom movement. I contacted JC of district, but, no action. Please suggest whom to approach 1. Collector 2. Director Municipal Admin 3. National Green Tribunal 4. Principal secretary Court is not an option given the long gestation period of cases before verdicts are delivered.


Learning

 2 Replies

Suri.Sravan Kumar (senior)     13 December 2018

pl check from revenue records /Registrar Officewhether the land is still in the name of your GF.

what action did you take when the Muncipality constructed waster disposal yard on your land?

Kumarsirik (Project Manager)     14 December 2018

The records show names of my father and uncle only. Mutation was done after my Grandfather's demise in 1992. The land is in category of Dry land. Pahanis were paid upto 1992. Due to adverse financial conditions in the family, we could not engage in active agriculture. When we were prepared to put land to good use in 2007, the dumping started constraining us to do anything. The total extent was 15 acres out of which in 2011 we disposed 10 acres after having received NIC from MRO. The disputed 5 acres is anither extent at a distance. When the facility cobstruction started in the 5 acre extend I appealed to JC, RDO who was then special officer for Municipality also. They made tall promises and did nothing for 3 years by just engaging in discussions. I filed a writ in high court in 2015 and the case did not budge an inch while my counsel expressed inability to bring momentum. I took an NOC from him and passed it to another friend. And we decided to withdraw case re with permission to readmit. The reason is that all officials claim that they cannot help whiles the master is subjudice. As time is ticking and the case not progressing, I decided to rest the master in court for a while and appeal to authorities who on pretext of the court case are not acting upon. I engaged in correspondence with RDO, Municipal commissioner, and the PCB by way of personal meeting, written representation and RTI. The PCB sent a notice to the municipality stating that the facility is in violation solid waste disposal act and that the dumping yard is illegal unauthorised and unscientific, therefore, the site to be vacated and alternate site identified. The revenue endorsed that there was no proceedings towards land alienation for said facility. Apparently, these notices have irked the commissioner who assumed office 4 months ago. The commissioner, now, says that they will consider the land as part of acquisition notwithstanding the fact that the facility itself is in violation of prescribed pollution control guidelines. I know the subjects of EIA and disposal of MSW act 2000 by rote and reckon the facility seriously violates the rules. I am disappointed that after years of delay they are considering acquisition, while all these years they gave trespassed our land. In the past, my grandfather after having acquired a patta for his services in freedom struggle, had to fight a case against unauthorised encroachment by a group of families. He then obtained absolute injunction after 25 years of struggle. This battle drained our energies and resources. My father and uncle who were at that time struggling in their jobs, far away from the village, could not undertake active utilisation of the land. When we are ready this is the new hurdle. It seems we are not ordained to reap benefits from the land. I am passionately and desperately keen at restoring possession despite the fact that 10 years of waste dumping had made land toxic and unusable for agriculture. My only hope is there is a lovely cannal adjacent, which is now being polluted by the overspilling waste. I request learned counsels to assess this as a good case study, and direct me, guide me, help me realize dreams, suggest a strategy as to how this matter can be handled. It is a challenging matter based on above details. However, it is my duty to do all that is needed to regain what rightfully belongs to me.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register