The residents of Jasola, Sukhdev Vihar and New friends Colony in south Delhi have been fighting a legal battle since 2009 demanding the closure or relocation of a wastetoenergy (WTE) plant in their area on accounts of pollution. A WTE plant burns combustible waste of high calorific value to generate power, but it also produces two other byproducts: ash and smoke/gas emissions. These emissions, called furans and dioxins, are considered deadly for human life and environment. Not only do they settle in the body and lead to reduced fertility, growth defects, immunosuppression and cancer but also considerably reduce the air quality. In 2009, the Sukhdev Vihar Residents Welfare Association (RWA) filed a writ petition at the Delhi high court against the proposed plant. The court, in its order dated August 12, 2009, dismissed the petition based on the submission of the state that the necessary permissions have been obtained from the concerned authorities and that the technicalities adopted were similar to projects in Vijayawada and Hyderabad. Thereafter, an application was filed before the high court to review its earlier in which it had dismissed the petition. However, in 2011, the Delhi government gave permission for the plant to be operational based on the necessary certification(s) granted by the Delhi Pollution Control Committee. The plant functions as a Special Purpose Vehicle called TimarpurOkhla Waste Management Company Private Limited. Jindal Urban Infrastructure Limited is responsible for the implementation of the project. Thereafter, the case was transferred to the National Green Tribunal on January 23, 2013, on the order of the Delhi high court, which recorded the reasons for the transfer as follows: First, the subject matter of the writ petition concerned matters covered in Schedule I of the National Green Tribunal Act, 2010 ('the Act'). Second, the transfer of a petition filed before the Act came into force, as the case in this matter, was as per the directions of the Supreme Court in Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India. In its order of February 2017, the NGT** allowed **the plant to function subject to payment of a fine of INR 25 lakh for the violations as set out in Sections 15 and 17 of the National Green Tribunal Act, 2010. On March 24, 2019, about 3,000 residents of the affected neighbourhoods took out a rally, demanding the closure of the plant. More than a million people live in the residential colonies surrounding the plant, which continues to function despite protests. Residents of Sukhdev Vihar have claimed that the incinerator not just triggers pollution but is located dangerously close to the residential areas, at a distance of just around 45 metres, which can spell disaster in the case of an explosion. A hearing is is ongoing in the Supreme Court. Meanwhile, the authorities have proposed to expand the plant adding a chimney, Khan, president of Sukhdev Vihar SFS (Pocket A) Resident Welfare Association (RWA), told LCW. The plant authorities received a notice from the Ministry of Environment, Forests and Climate Change (MoEFCC) on April 16, 2019. It stated that the environmental clearance was given to the Okhla WTE in 2007 to use refusederived fuel (RDF) to the tune of 600720 tonnes per day and generate close to 16 megawatts of electricity, but upon inspection by an MoEFCCappointed subcommittee in December 2018, it was found that the RDF intake of the plant was around 1,600 tonnes per day, with the plant producing close to 19 megawatts of electricity. The subcommittee also found that the plant had constructed a third stack/chimney and was producing way more power than allowed. The Central Pollution Control Board, meanwhile, has sought monthly monitoring of pollutants released from the plant. In February 2020, the MoEFCC gave its approval for the expansion of the 16megawatt plant to 23 megawatt, going back on its own report where it had flagged violations by the plant, which, amongst others, include unauthorised increase in the capacity to 20 megawatt. LCW spoke to Umesh Bahri, a former office bearer of the Sukhdev Vihar RWA, who said that "far from getting any relief, in fact, the problem of environmental degradation in the area arising out of the plant operation has only worsened in the intervening years of litigation before various forums".
Demand/Contention of the Affected Community
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Demand for relocation of 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?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project scrapped
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Water bodies, Other Natural Resource extraction/dependence, Residential area
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
282
Type of investment:
Investment Made
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Other
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.
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
Name(s) of the Court(s)
Supreme Court of India, High Court of Delhi
Case Number
C.A. No. 013120 - / 2017 (SC), Original Application No. 22 (THC) of 2013 (NGT), W.P. (C) 9901/2009
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Government of NCT of Delhi; Ministry of Environment, Forests and Climate Change; Central Pollution Control Board; Delhi Pollution Control Committee, South Delhi Municipal Corporation, New Delhi Municipal Council
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:
Jindal Urban Infrastructure Limited, Delhi Timarpur-Okhla Waste Management Company Private Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
National Alliance of People's Movements, Toxic Watch Alliance, Volunteers of Change
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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