Punjab
,
Bhagtanwala
,
Amritsar
Published :
Oct 2016
|
Updated :
Bhagtanwala Residents in Amritsar Demand Relocation of Solid Waste Management Plant
Reported by
Lakhvinder Singh
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
50000
People affected
2014
Year started
25
Land area affected
Households affected
50000
People Affected
2014
Year started
25
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Waste Management
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Waste Management
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

The residents of Bhagtanwala in Amritsar have long complained against indiscriminate dumping of garbage in their area. The Municipal Corporation Amritsar (MCA) had decided in December 2014 to start a modern Solid Waste Management Plant at the existing Bhagtanwala dump site. The proposed facility was to be designed to cater to the needs of eight municipalities, including Amritsar, but the residents strongly opposed the proposal. As per the Municipal Solid Waste law, a solid waste processing plant in the close vicinity of a densely populated area is not permitted. However, in the absence of an alternative site, the MCA started dumping waste in Bhagtanwala. The residents immediately came out in protest, both against the unchecked dumping of waste and also against the proposed waste treatment plant in the area. They staged a protest at Kot Mangal Singh Chowk, where they complained of suffering from illnesses because of the garbage problem. In December 2014, the residents called off their protest after assurances of action by a local MLA. But they reignited their protest after the National Green Tribunal wrote a letter to the MCA seeking a status report of the action plan for the proposed plant. In 2018, the residents staged another protest, calling for the relocation of the dumping site. Disappointed that the government had not fulfilled its prepoll promise of a speedy solution to the garbage dumping problem, the residents launched a campaign called 'Ek Fariyaad Mukhya Mantri ke Naam (One request in the name of the Chief Minister)'. They sent more than 100 postcards and letters to the chief minister, requesting urgent action to relocate the dump site. In 2019, a monitoring committee constituted to document compliance of the Municipal Solid Waste Management Rules, 2016, visited the Bhagtanwala dump site and found 1215 lakh tonnes of solid waste spread over 25 hectares. Further, the site was found to be lacking viable boundary walls and a green belt of suitable width surrounding the site. Even the groundwater tested positive for toxic chemicals like lead. The wastetoenergy plant proposed to be installed in 2017 had still not been installed. The residents reiterated their complaints of how the site had become a major source of nuisance and posed a viable threat to their health. The committee concluded that there was indeed gross violation of the Solid Waste Management Rules, 2016. In 2020, it was reported that the MCA had started the process of bioremediation of garbage at the Bhagtanwala dump. Ajay Kawar, municipal health officer, told the media, "More machines will be added. AVERDA will take over this project and implement it properly. Composite pits have been prepared. The company will also install the wastetoenergy plant. The boundary wall is under construction, and the green belt will be devolved soon. By Februray 2021, around 80,000 metric tonnes of garbage were reported to have been biomined. A compost pad had also been prepared for decomposing green waste to produce manure. According to MCA officials, the energy plant would convert garbage into green coal through pyrolysis. The residents however, are unhappy with the entire process. They continue to stick to their original demand of shifting the dump site outside the city premises.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Refusal to give up land for the project

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

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

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):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Municipal Corporation of Amritsar; Punjab Pollution Control Board; Ministry of Environment, Forests and Climate; State Level Environment Impact Assessment Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

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:

5
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?

Legal Supporting Documents

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Author
Reported by
Lakhvinder Singh
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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Refusal to give up land for the project

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

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

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