Burning garbage at Pirana landfill is reportedly affecting the health of around three lakh people who live in its vicinity. As per the Solid Waste Management Rules, 2016, garbage dumps and residential areas must be at least 500 metres apart, but the Pirana landfill violates this rule.
The residents filed a public interest litigation in the Gujarat high court demanding immediate closure of the landfill site and shifting its location. In response, the court issued notices to the state government, Ahmedabad Municipal Corporation (AMC) and Gujarat Pollution Control Board (GPCB).
Flammable chemicals at the dump, aided by methane emanating from the rotting garbage, often result in fires engulfing an entire three-kilometre area in thick smoke. A local non-profit had collected medical records of people living at Shahwadi, Piplaj and Ektanagar areas. The records show them suffering from asthama, cancer and heart and kidney-related disease.
According to D.J. Mohan from the Environmental Bureau of Investigation, "The enormous dumping of solid waste has led to an increase in the number of flies and plague-causing rodents. These flies, which carry pathogenic organisms, cause diseases such as dysentery and diarrhoea. It is estimated that about 70,000 flies can live in one cubic foot of garbage. Just imagine the potential of Gyaspur-Pirana."
Moreover, the seepage of toxic materials in the neighbouring areas has led to groundwater pollution. The AMC has never carried out a health survey in the area. However, a 2015 survey conducted by the Insaf Foundation found that 19 people in 40 families had died due to kidney disorders and respiratory issues and two had died of cancer in recent years.
Interestingly, the area largely consists of Dalits, Muslims, Bangladeshi migrants and those displaced by the 2002 riots. Non-profits argue that this has played a significant role in the issue being ignored. The AMC director, on the other hand, has argued that the AMC owes nothing to these people since they are encroachers. On that account, it has refused to provide relief if they are relocated elsewhere.
So far, there have been no attempts to reconstruct the site scientifically. The AMC states that it is not possible since the current garbage load is too much to remove and even temporary closure of the landfill is not an option since the city has no other landfill to accommodate such an amount of garbage.
In June 2017, Gujarat Chief Minister Vijay Rupani made an ambitious statement, declaring that the Pirana problem will be solved even if it cost INR 500 crore. The AMC, however, has only discontinued collection of unsegregated waste from households, hoping that this will have an effect on the amount of garbage generated throughout the city.
In February 2019, the Gujarat Urban Development Mission shortlisted Tata Consultancy for the scientific closure of the site. The detailed project report was completed by IL&FS in 2016 and was approved by the Union government.
In March 2019, the Gujarat high court lambasted the AMC for its lackadaisical approach in dealing with the closure of the Pirana landfill and coming up with an alternate site. In July that year, the National Green Tribunal directed the state government to deposit INR 75 crore in an escrow account to clear the site. The AMC is yet to take concrete steps in the direction.
Demand/Contention of the Affected Community
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Demand for closure of the garbage mound
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?
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
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.
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:
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
National Green Tribunal (Principal Bench)
Name(s) of the Court(s)
High Court of Gujarat
Case Number
WP (PIL) No. 254/2016, OA No. 113/2019
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
Government Departments Involved in the Conflict:
Gujarat Pollution Control Board, Ahmedabad 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:
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?
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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