Delhi
,
Ghonda Gurjan
,
New Delhi
Published :
Aug 2019
|
Updated :
Environmental Activists, Residents Oppose Landfill Proposed on Yamuna's Floodplains in Delhi
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2018
Year started
17
Land area affected
Households affected
People Affected
2018
Year started
17
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

On March 26, 2019, the Delhi Development Authority (DDA) allocated a 42.7acre plot in Ghonda Gurjan village as an alternative to the saturated Ghazipur landfill. The 70acre landfill, set up in 1984, completed its shelf life in the year 2000. But due to lack of alternative sites, the East Delhi Municipal Corporation (EDMC) has continued to dump waste here. The idea for the new landfill in Ghonda Gurjan was proposed in 2017. Due to Ghonda Gurjan's proximity to the Yamuna floodplains, including proximity to the areas of Usmanpur, New Usmanpur, Gadhi Mandu and Kartar Nagar, environmental activists and residents have opposed the idea of a dump site, stating that it would damage the river's ecology. According to them, since the new landfill will be situated near the river, garbage and toxic leachate could flow into it, contaminating the water. Leachate may also be absorbed in the groundwater table, thereby polluting the aquifers, they point out. In September 2017, a principal committee appointed by the National Green Tribunal (NGT) rejected the proposal for the new site at Ghonda Gurjan. But in April 2018, the DDA gave the inprincipal approval to the project despite protests by locals and environmentalists. In May that year, the Central Pollution Control Board (CPCB) gave the project a goahead, saying that a portion of Ghonda Gujran (approximately 50 acres) could be allotted to the EDMC because it is in a noflood zone.  In May 2018, Aam Aadmi Party spokesperson Dilip Kumar Pandey and others opposing the DDA's decision filed a plea at the NGT. Manoj Misra, convener of Yamuna Jiye Abhiyan, a people's movement for sustainable revival of the Yamuna, maintains that the allotted plot for the dumpsite falls under an active floodplain as it was inundated by flood in 2008, 2010 and 2013. An online petition against the proposed landfill was started in 2017. The petitioners claimed that the proposed site violates the Solid Waste Management Rules, 2016, which state that landfill sites should be at least 100 metres away from a river. The project is awaiting the Environment Impact Assessment clearance. In 2019, the proposed landfill site got completely inundated with floodwater. Manoj Misra sent letters to Delhis LieutenantGovernor Anil Baijal and Chief Minister Arvind Kejriwal with videos and photographs of the site completely submerged, questioning the decision of the DDA, CPCB and National Environmental Engineering Research Institute to declare the area suitable for a landfill.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Demand to scrap the project

Region Classification

Urban

Type of Land

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?

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:

Delhi Development Authority, Central Pollution Control Board, National Environmental Engineering Research Institute, East Delhi Municipal Corporation

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:

Yamuna Jiye Abhiyaan, Aam Aadmi Party, Bharatiya Janata Party

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
Aditi Patil

Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.

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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

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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