The Basai wetland, spread across 260 hectares, was discovered as a birdwatching destination in 2001 when ornithologist and author Bill Harvey made a pit stop at the Basai railway track, en route the Sultanpur National Park. A 2001 field report of the Delhi Bird Club mentions that the Basai wetland is spread over an area bigger than Sultanpur national park, a landmark bird sanctuary a few kilometres further down the GurugramSultanpur road in Haryana. In May 2017, the Municipal Corporation of Gurugram (MCG) granted permission to a construction company to set up a construction and demolition (C&D) waste treatment plant on a 3.5acre plot in the wetland. The plant is estimated to treat over 500 tonnes of waste every day. Haryana Chief Minister Manohar Lal Khattar laid the foundation stone of the plant on June 17, 2017. On June 22, a Delhibased nonprofit, Delhi Bird Foundation, filed a petition at the National Green Tribunal (NGT), stating that thousands of birds will lose their habitat if the C&D plant is constructed. The petitioner had sought a stay on the project contending that the Basai wetland, though not declared a wetland under the 2010 Wetland (Conservation and Management) Rules, was a valuable water body. In July 2017, the NGT ordered a status quo after taking note of the adverse impact of the C&D plant on the water body, namely, water pollution as a result of dumping of waste. However, on January 10, 2018, the NGT lifted its stay on the construction of the plant after perusing the revenue records and noting that the land in question has not been identified as a wetland by the Haryana government. More than 240 species of birds such as Marbled Teal, Sarus Crane, Blacknecked Stork and Asian Dowitcher visit the wetland for their annual migration. Flamingos and Black Francolin, the state bird of Haryana, that were once common in the wetland are now rare visitors because of regular dumping of plastic and other waste even before the construction of the C&D plant has begun. According to the South Asia Network on Dams, Rivers and People, MCG officials claim that the area where the plant is coming up is degraded land and not a wetland at all. A study on the Basai wetland, published in the International Journal of Economic Research in October 2017, highlights how wetlands help in maintaining a healthy balance between the terrestrial and aquatic ecosystems and is a major source of groundwater recharge. The Basai wetland is critical to a city like Gurugram, which faces frequent flooding almost every monsoon. An open space like a wetland provides relief from waterlogging in the concrete jungles. Basai wetland also qualifies to be declared a Ramsar, site which implies that it has international importance, according to a 2004 survey by the Salim Ali Centre for Ornithology and Natural History. Citing a Central Groundwater Board report on all water bodies in the area being a source of groundwater recharge, the survey also stated that Basai wetland was important to Gurugram at a time when the city's groundwater level was falling at an alarming rate. In December 2018, NGT vacated the stay on the construction of the plant. In December 2019, MCG started the plant and is now planning to expand the plant's capacity of waste management. MCG Commissioner Amit Khatri was quoted as saying, "We have taken steps to solve this problem and C&D waste management unit has been started by IL&FS at Basai. The processed waste will be used in making tiles, bricks, crushers, etc."
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?
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):
₹
13
Type of investment:
Cost of Project
Year of Estimation
Has the Conflict Ended?
Yes
When did it end?
December 2019
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Environmental Laws, 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.
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
Violation of standard international laws
Legal Status:
In Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal
Case Number
Original Application No. 418 of 2017
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:
Muncipal Corporation of Gurugram, National Green Tribunal, Haryana Urban Development Authority, Haryana 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:
IL&FS Environmental Infrastructure and Services Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Delhi Bird Foundation
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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