Gujarat
,
Surat
,
Surat
Published :
Mar 2018
|
Updated :
Surat Municipal Corporation Shuts Down Khajod Dumping Site in Gujarat on NGT orders
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
500000
People affected
2013
Year started
188
Land area affected
Households affected
500000
People Affected
2013
Year started
188
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

Surat ranked fourth in the country in the annual survey of the Ministry of Housing and Urban Affairs that ranks cities on the basis of cleanliness and sanitation, published in May 2017.  In 2013, the Surat Municipal Corporation (SMC) issued a notice that allowed Nagarpalikas of south Gujarat to dump their waste and garbage at a location in Khajod village. The SMC had been dumping its solid waste at Khajod without segregation for the past 18 years. People of 35 villages located near the site had demanded the closure of the facility due to concerns over pollution. MSH Sheikh, an environmental expert, who has been campaigning against the dumping site's location, went to the National Green Tribunal (NGT) along with Parivartan Trust, a nonprofit in the state. The residents of nearby villages expressed concern that the foul smell from the garbage dump would create health problems. The pollution caused by repeated fires at the site resulted in heavy air pollution within a 10kilometre radius, causing health issues in Khajod, Budiya, Gabeni, Dipli, Jiyav and Bhimrad villages. Kalim Siddique from Insaf Foundation stated, "The death rate among the residents of the area is much higher. Women complain of premature abortion. Water pollution has led to higher incidence of kidney failure, acute asthma cases and heart failure. In May 2017, the NGT directed the SMC authorities to close the Khajod open dumping site within 18 months and commence closure work within a month. In June 2017, the SMC identified three plots of land at Bhandup and Mandroi in Olpad tehsil and in Wankinada near PalsanaKadodara in Surat district to shift its solid waste disposal site from Khajod. In February 2020, the SMC cleared out the 25 lakh tonne solid waste accumulated at the dumping site in Khajod and shut it down permanently. Presently, 30 acres of the site have been converted into lush green lawns, and Surat Diamond Bourse, a nonprofit, is coming up on another 35 acres.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

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):

52

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

February 2020

Why did the conflict end?

Community’s original demands were met

4
Additional Information

Government Departments Involved in the Conflict:

Surat Municipal Corporation, State Pollution Control 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:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Parivartan Trust, Insaf Foundation

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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