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Massive Violations of Karnataka High Court directives makes a mess of Mavallipura, again

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Mavallipura

Since August 2012, when the landfills of Mavallipura were forced shut by orders of the Karnataka State Pollution Control Board as the landfill operator M/s Ramky had not complied with pollution control norms, and consequently caused widespread damage to environment and public health in nearby villages, there have been repeated efforts by BBMP to revive the landfills on one pretext or another. Responding to various Public Interest Litigiations on this issue, the Hon’ble High Court of Karnataka has been categorical that landfilling in commons lands, forests and lakes in villages around Bangalore cannot be a solution to garbage management. (High Court orders may be accessed at: http://tinyurl.com/l88havp)

The frequent, specific and exhaustive orders of the Court to tackle various problems of waste management in Bangalore has resulted in a progressive strategy of segregation and management of waste at source with environmentally friendly technologies that pose no risk to public health.

The Court has gone into the minute details of the waste stream in Bangalore and directed that Bulk Waste Generators (Kalyana Mantaps, Apartments, Institutions, Office Blocks, Bus/Train Stations, Markets, Malls, etc.) would be responsible for their waste which they would manage by setting up stations locally to manage segregated waste, compost/bio-methanate organic waste, recover all recyclables for further processing, and also minimise waste generation. For households and neighbouhoods, the Court directed that dry-waste collection centres and composting units must be set up in each ward, and that the effort must be to ensure that all waste is managed locally and not be trucked out to landfills which not only destroy villages, but also involve wasteful investment in enormous quantities of diesel. The Court has also taken stern action against truck lobbies that tended to leach valuable resources, and on a thorough evaluation brought down the annual expense of trucking waste out from Rs. 800 crores to about Rs. 300 crores.

Justice Mr. N. Kumar and Justice B. V. Nagarathna of the Karnataka High Court have been monitoring the situation regularly, and have also directed that punitive actions should be initiated against anyone who does not comply. To ensure there is widespread public participation and transparency in waste management operations, the Court directed the State Government to set up Constitutionally mandated Ward Committees, which were required to be set up two decades ago. When the High Court learned that BBMP had not paid Pourakarmikas (who are amongst the poorest of the poor) their due wages for over 6 months, the Court observed “the Special Commissioner will have no moral authority to call upon the persons to perform their functions in the matter of solid waste management unless the bills submitted by them are cleared expeditiously”. This forced the BBMP to release Rs. 120 crores of pending payments in March 2015.

Gross Mismanagement at Mavallipura

In the case of Mavallipura, the Court has been clear and categorical that no more landfilling would be allowed. The Court has directed BBMP to initiate bio-mining and remediation of the legacy waste and BBMP is on record in Court that it has issued tenders. That was six months ago. Yet, absolutely no action has been initiated to take care of the legacy waste till date.

When the Chief Minister of Karnataka took a decision to close down the Mandur landfill on December 1st, 2014, and garbage piled up all over the city, the High Court allowed only a small amount of segregated organic waste to be taken for composting at Mavallipura to the capacity of the windrow platforms, and ensuring all necessary precautions are in place. The concerns of Yelahanka Air Force Base that birds attracted to the landfill seriously threatened the flight movements of defense aircraft was taken note of, and BBMP was directed to ensure the entire facility was covered and made bird proof. In addition, the Court directed BBMP to provide drinking water daily to all the affected villages (as all wells and tubewells have been contaminated), ensure that health surveys and cattle surveys were done in collaboration with 5 affected Panchayats, and initiate various public health measures to tackle the adverse impacts.

Instead, BBMP has resorted to bring unsegregated waste, upto 200 tonnes per day on most days, and resorted to dumping the waste at the landfill. There is no effluent treatment plant to treat the leachates, which find their way into local streams and ponds. Cattle deaths are frequent and the suffering of the local villagers from the pollution continues. Thousands of birds hover over the landfill, and this presents a clear and present danger to the flight movements of Indian Air Force. (Attached is the affidavit filed by IAF in the High Court, that highlights the grave risks the landfill poses to the defense of the country.)

Talks with BBMP Spl. Commissioner ends in failure

On 18th March 2015, Mr. Darpan Jain, IAS, Spl Commissioner (SWM) of BBMP held a meeting with representatives of impacted villages as directed by the High Court. But this meeting ended without any resolution. This was because BBMP was not willing to commit to any time bound action plan, thus violating its commitments before the Court.

When Bhargavi Rao of Environment Support Group read out various Court directions relating to cleaning up Mavallipura and providing relief to local communities issued over the past two years, Mr. Jain kept saying “we are making efforts to comply”. “They all sound so insincere and empty to us”, Bhargavi replied. Srinivas, a Gram Panchayat Member and leader of Dalit Sangarsh Samithi explained how, till date, not a single one of the directions of the Court have been complied with by BBMP. Ramesh, another Gram Panchayat Member, highlighted how the failure to deliver, despite High Court directions, had resulted in an utter lack of faith in Mr. Jain’s assurances, coming as they did without a plan or budgetary support.

Dhanraj of Mavallipura was so frustrated at the end of this 2 hours back and forth with Mr. Jain, that he told the Spl. Commissioner that they have not come for charity, but to assert their Fundamental Rights to Live peacefully, healthily and productively like everyone in Bangalore. He said that to throw some water and mosquito nets at the suffering communities was like rubbing salt into their wounds. Geetha, who lost her husband to cardiac arrest on 23 August 2012 when police lathi-charged villagers peacefully protesting against the illegal operation of the landfill by Ramky, asked how she was to survive with Rs. 4000/month she earns doing coolie work. She said not one rupee has been paid in compensation by the Government, despite all sorts of assurances from all sorts of Commissioners, that she is now homeless and forced to support her three daughters all on her own.

Mr. Darpan Jain was not able to make a single commitment specifically and convincingly. All he did was to assure villagers BBMP was serious in conforming with the High Court directives. Shocked and dismayed by Mr. Jain’s lack of intent in initiating concerted action to tackle their problems, the villagers were forced to return empty handed.

“Garbage Gumma”

People of Mavallipura and other villagers are keen that this problem receives the attention it deserves at all levels: from the household and community all the way to the Chief Minister. They assert that the Right to Life and Livelihood of villagers is as critical as those of residents in metropolitan Bangalore. To raise the consciousness of residents of Bangalore to conform with the directions of the High Court and to also take responsibility for the waste they generate, which is literally killing and maiming people in villages and destroying their livelihoods and health, the villagers inspired Gollahalli Shivaprasad, noted poet and lyricist, to compose a series of songs into an album called “Garbage Gumma”. Set to tune by Shivaprasad and his team, these songs are being made available free to all online.

Nagaraj, Srinivas B. and Ramesh (Dalit Sangarsh Samithi and representatives of Mavallipura and other villages impacted by garbage dumping). Bhargavi Rao and Leo Saldanha (Environment Support Group).

Government will not not protect anyone in IAS officer DK Ravi death case: Siddaramaiah

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Photo: The New Indian Express

Photo: The New Indian Express

Bengaluru: Karnataka Chief Minister Siddaramaiah on Saturday, March 21, assured that his government will not protect anyone in the IAS officer DK Ravi death case.

“The government will not hide anything… will not protect anyone,” Siddaramaiah said amid pressure on his government to hand over the death probe to the Central Bureau of Investigation (CBI).

Even Congress president Sonia Gandhi wrote to the Karnataka CM on Friday, March 20, asking him to hand over the investigation to the CBI.

Siddaramaiah said he will speak to Ravi’s parents once his post-mortem is out.

“Have told the parents of DK Ravi that I will speak to them after his post-mortem report comes in and is examined. We also want the truth to come out, that’s what I have promised to the parents,” the CM said.

“I have been in politics for 35 years. I understand people’s sentiments and respect them. More importantly, I have promised the parents that I’ll get to the truth,” Siddaramaiah said further.

The Congress leader said he will make his stand clear on the floor of the House. All the information will be given in the Assembly on Monday, he added.

He rejected Opposition allegations that his government was trying to hide the truth.

“Opposition is making allegations for the sake of politics. I am not interested in burying the truth, that’s not my business,” said Siddaramaiah.

There has been a clamour for CBI probe into Ravi’s death from Opposition parties and the family of Ravi who was found hanging from a ceiling fan in his flat on Monday.

Stepping up the pressure, BJP and JD(S) MLAs had on Thursday marched in a procession from Vidhana Soudha, the state secretariat, to Raj Bhavan and requested the Governor to advise the Siddaramaiah government to refer the case to CBI.

(Agencies)

Kasab never asked Biryani, the story was concocted: Public prosecutor Ujjwal Nikam

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Ujjwal Nikam

Jaipur: 26/11 Mumbai terror attack accused Ajmal Kasab’s demand for Mutton Biryani in jail was just a myth and was “concocted” to stop an “emotional wave” which was being created in favour of the militant, claimed Ujjwal Nikam, public prosecutor in the case.

“Kasab never demanded Biryani and was never served by the government. I concocted it just to break an emotional atmosphere which was taking shape in favour of Kasab during the trial of the case,” Nikam told reporters on the sidelines of international conference on counter-terrorism here.

“Media was minutely observing his body language and he was well aware of it. One day, in the court room, he bowed his head and wiped his eyes.

“Moments later, electronic media broke the news– tears in Kasab’s eyes. It was Raksha Bandhan that day, and panel discussions were started in the media on it.

“Some guessed Kasab got emotional in memory of his sister and some even went on to question whether he was a terrorist or not,” Nikam said.

“This kind of emotional wave and atmosphere was needed to the stopped. So, after that, I gave a statement to the media saying Kasab has demanded Mutton Biryani in the jail,” he said.

Nikam said that when he told this to the media, again panel discussions were started and the media highlighted that a dreaded terrorist was demanding Mutton Biryani in jail while “the truth is that Kasab neither asked for Biryani nor it was served.”

Nikam said that he during a session in the ongoing conference also disclosed this to the audience.

Pakistani terrorist Kasab was hanged to death in November 2012 nearly four years after the November 2008 attack in which he had killed scores of people.

(Agencies)

AFSPA can't be revoked in Kashmir on political considerations, says BJP's Jitendra Singh

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Protest-AFSPA

Srinagar: Asserting that Pakistan is not ready to mend its ways, Union Minister of State Jitendra Singh on Saturday maintained that Centre was following zero-tolerance towards terrorism and said any decisions of AFSPA cannot be taken on the political considerations.

“I think, this is also an occasion for us to do some re-thinking and rise above the political lines and learn that any decisions regarding sensitive issues, like for example Armed Forces Special Powers, to maintain it or withdraw it, to continue it or discontinue it, has to be essentially based on the wisdom and inputs of the security agencies, instead of getting tempted to political considerations,” said Singh, who is a minister of state in the Prime Minister’s Office.

He hit out at Pakistan for for failure to mend ways to foment trouble in Jammu and Kashmir.

“It is certainly evident that Pakistan is not ready to mend its ways but as the Prime Minister has already stated even on the floor of the House that India, under the present government, follows the policy of zero-tolerance towards terrorism and we are committed to that,” Singh said.

“The Centre is fully-equipped to deal with such a situation”, Singh said, who rushed from New Delhi to visit the injured in the terrorists attack for the second time in as many days, at GMC hospital in Jammu. Singh, who condemned these terror attacks, said that Centre and the present set up in New Delhi is fully equipped to deal any kind of situation.

“I wish to pay my homage to the brave soldiers who lost their lives yesterday and are also fighting out today,” he added.

Union Minister appealed to Union Home Minister Rajnath Singh to see if the amount of compensation to the family members of the martyred soldiers could be increased. The state Health Minister Choudhary Lal Singh, Choudhary Lal Singh, today said that it was not proper to start the process of lifting AFSPA in the state at a time when militant attacks are on the rise.

“How is it possible (to lift AFSPA) when situation has worsened even in the otherwise peaceful districts of Kathua and Samba,” he said. He said that time has come to give them a befitting reply.

Blaming security forces for the lapses, he said adding “how is it possible the infiltration has taken place along International Border”.

The State Chief of Bhartiya Janta Yuva Morcha (BJYM) and MLA, Ravinder Raina also hit out those demanding revocation AFSPA, saying “these twin attacks are eye opener for those who are advocating the revocation of AFSPA. it should not be lifted at all”.

(PTI)

Asaduddin Owaisi denied permission to hold meeting in Agra

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asaduddin-owaisi

Agra: All India Majlis-e-Ittehadul Muslimeen (AIMIM) Chief Asaduddin Owaisi has been denied permission to hold a meeting here on March 29.

The district administration of Agra took this decision on the basis of intelligence reports which suggested this could lead to trouble after Hindutva organisations had openly declared they would not allow Owaisi to hold his meeting at the scheduled Kothi Meena Bazar ground.

A memorandum by the Bajrang Dal, Vishva Hindu Parishad (VHP) and the Hindu Jagran Manch workers forced the administration to take the step.

However, district administration official Rajesh Srivastav said permission cannot be granted in view of the ongoing final examinations.

AIMIM’s district chief Idrish Ahmad said the district administration had accepted his affidavit a few days ago to consider permission for the meeting, but changed its mind under pressure from some organisations.

(Agencies)

AAP govt hikes Delhi water tariff 10%, Congress, BJP furious

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Arvind Kejriwal

New Delhi: The Aam Aadmi Party (AAP) government’s decision to hike water tariff by 10 per cent in Delhi came under attack from both Bharatiya Janata Party (BJP) and Congress who accused the Arvind Kejriwal-led party of going back on its electoral promises.

While BJP state president Satish Upadhyay tersely observed that “conditions” to AAP’s promises are being revealed now, Congress chief Ajay Maken said the move would put “additional burden” on common people.

Upadhyay further termed the decision as a “stab on people’s back”.

“It is shocking that in today’s important meeting of Delhi Jal Board no proposal has come for laying new water supply line in any area of Delhi but instead the Board has come up with a proposal to buy 250 new tankers,” he said.

Deputy Chief Minister Manish Sisodia, who Friday chaired the 121th Board Meeting of Delhi Jal Board, gave his nod to increase the water tariff with an immediate effect. However, people consuming water up to 20,000 litres will not be affected due to the DJB’s decision.

Maken said the government had “betrayed” the trust and confidence of the people of Delhi, who had believed in the “false promises” made by the AAP before the Delhi Assembly elections, “only to regret now”.

(PTI)

Stiff jail term, 90% penalty for black money abroad

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BLACK-MONEY

New Delhi: The Modi government on Friday unveiled a set of stringent provisions, including a 90% penalty on those who have undisclosed foreign assets and income overseas as it introduced a Bill to deal with black money stashed abroad. This will be above the 30% levy on the value of assets or income that will be imposed.

But those who want to avoid the hefty penalty will be given the option to pay 30% penalty of the value of undisclosed assets and avoid prosecution, the Undisclosed Foreign Income and Assets Bill introduced in the Lok Sabha proposed. Although the government wants the law to be active from April 2016, it has not specified how long the one-time compliance window would be open. The Bill has also detailed safeguards to prevent any misuse of the stiff provisions by tax authorities.

Apart from penalty, the bill provides imprisonment of up to 10 years for concealment , non-disclosure, false declaration as well as abetment. The provision for abetment can put financial advisors and chartered accountants in the crosshairs of the law should they be deemed guilty of cooking the books.

“It’s not an amnesty scheme because under amnesty you only pay tax, and no penalty. Here the requirement is to pay tax at 30% and equivalent 30% as penalty. The intention of the government is not to give a soft landing facility to anyone. The one-time compliance opportunity is to enable such people who have hidden assets abroad to come clean and avail of the opportunity. It is not a revenue mobilization measure,” said revenue secretary Shaktikanta Das.

Asked about the time frame of the compliance window, Das said it would be notified after the passage of the bill.

The Bill, was announced by finance minister Arun Jaitley in his budget speech on February 28, as the BJP government moved to smother the criticism of going soft on black money, a key poll plank during the 2014 general elections. The Bill is the latest move to get money stashed overseas back into India, even as the tax department has also asked its officers to focus on illegal wealth within the country as well.

Apart from the penalty, the legislation also lists a 10-year jail term for “willful attempt to evade tax”. Anyone who possesses or controls documents or books of accounts with false entries or statement, willfully omits entries or statements in the papers, or takes steps that result in tax evasion will be treated as willful evader. “In the prosecution proceedings, the willful nature of the default shall be presumed and it shall be for the accused to prove the absence of the guilty state of mind,” the government said.

Further, the Bill has proposed imprisonment of six months to seven years for failure to provide details of foreign assets and income, or interest in a overseas entity, in tax returns as well as for making false statement. A similar term is proposed for those abetting making of false statement, a move that will impose a burden on chartered accountants and financial advisors who are often involved with overseas transactions. Second or subsequent offences would entail imprisonment of three to 10 years and fine of Rs 25 lakh to Rs 1 crore, the Bill proposed.

For companies, the Bill has proposed prosecution and penalty for directors, managers, officers or secretaries in-charge of the company or involved with the decision. Failure to disclose details in tax returns will also result in a penalty of Rs 10 lakh.

The government has, however, suggested that those with minor balances in foreign accounts, which may have been missed due to oversight, be exempted from the penalty or prosecution provisions. As a result, it has fixed Rs 5 lakh as the threshold.

The legislation has generated some anxiety over possible misuse by tax department officials. As a result, the Bill has suggested that prosecution should only be cleared by a commissioner-rank officer. Similarly, in case of penalties of over Rs 1 lakh, a joint commissioner of income tax officer has to approve it.

But those who have been served a notice for penalty need to deposit the amount before they contest the amount in a court. The Bill also empowers the government to enter into agreements with foreign countries for information exchange, tax recovery as well as to help individuals to avoid paying taxes twice.

(Agencies)

Mines Bill passed, auction likely in June

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Conversion Rajya Sabha

New Delhi: Paving the way for auction of iron ore and other mines, Parliament today cleared the Mines and Minerals Bill after days of high drama, as some Opposition parties broke ranks from Congress and Left in Rajya Sabha to support this key reform measure of the government.

States are likely to launch the auction process in June for allocation of mines, having iron ore and other minerals, following the passage of this Bill, which has incorporated amendments suggested by a parliamentary panel, would now replace an Ordinance promulgated in December last.

Finance Minister Arun Jaitley said that the new law would enable “computerised allocation” of the mines, while checking corruption and any discriminatory allocation systems, while Steel and Mines Minister Narendra Singh Tomar said it would bring in a “revolutionary change” in the beleaguered sector.

The estimated revenue proceeds could not be immediately ascertained for the auction, for which states have so far identified over 100 mines, containing as many as 10 minerals like iron ore, bauxite and others, for the first phase. In all, 199 mines have been identified so far.

The Mines and Minerals (Development and Regulation) Amendment Bill, 2015, was passed by the Rajya Sabha earlier in the day with 117 members voting in favour and 69 against it. Later it was approved by the Lok Sabha within 20 minutes.

Industry bodies, including CII, FICCI and Assocham said the new law will bring transparency in auctioning of mines, boost investor sentiment and kick-start industrial growth.

The Bill envisages spending a fixed percentage of revenue generated from mining on the development of the local area.

As per its provisions, there will be no renewal of any mining concession, unlike the original act of 1957. Also, the licence will be for 50 years, as against 30 now, after which there will be no renewal but compulsory auction.

The bill was cleared by the Lok Sabha earlier also but was referred to a Select Committee in Rajya Sabha by a united Opposition. After a day of high drama yesterday, the Bill was cleared by the upper house today as the government agreed to the amendments recommended by Select Committee on March 18.

These amendments provide for existing lease holders to pay 100 per cent of royalty towards district mineral foundation (DMF) while those who will get mines after the new legislation will have to pay up to one-third of the royalty.

“The Mines and Minerals (Development and Regulation) Amendment Bill, 2015, will bring in a revolutionary change in the sector. It will attract more investment, enhance expertise and income of those employed with the sector,” Steel and Mines Minister Narendra Singh Tomar told PTI.

While hailing the passage of the Bill, industry body FIMI said higher payment for development for the project affected persons mandated in the Bill would inflate cost of production which would be felt by end-users and the general public alike.

(PTI)

Police case against Renuka Choudhary under SC/ST Act

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renuka-chowdhury

Hyderabad: Police in Khammam district of Telangana has registered a case under the SC/ST Atrocities Act against former Union Minister Renuka Choudhary following a complaint that she allegedly took Rs.1.10 crore by promising an Assembly ticket to a local leader ahead of elections last year and abused his wife when she sought return of the money.

The case was registered following an order by High Court in Hyderabad on the complaint by B Kalavati who alleged that Choudhary took the money from her husband Ramji for getting the party ticket to contest from Wyra Assembly constituency in Khammam district, according to Khammam circle inspector Sridhar. Ramji has since died.

The complainant alleged that Choudhary abused her by her caste when the money was sought to be returned, he said.

The case was registered after the court sought to know what action has been taken, Sridhar said, adding that charges of cheating were also there.

The matter would be investigated now following the registration of the case, he said.

“This is totally baseless, unsubstantiated and politically motivated. I have never met this woman in my life. I can swear by that. Such unfortunate things happen in politics,” Chaudhary said when contacted.

(PTI)

Pakistan releases 57 Indian fishing boats

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FISHING-Boats

Islamabad: As a goodwill gesture, Pakistan today released 57 Indian fishing boats that were in its custody.

In a statement, Foreign Office (FO) said the decision to release the vessels was taken in May last year.

Prime Minister Nawaz Sharif visited India at that time to attend the oath-ceremony of Prime Minister Narendra Modi.

An eight-member Indian delegation visited Karachi from March 9 to finalise modalities for the repatriation of boats with officials of the Pakistan Maritime Security Agency (PMSA), the statement said.

“While the PMSA had kept the boats in good condition, it extended full support to the visiting team in making the boats seaworthy after minor repairs. Subsequently, the boats were towed to the maritime boundary today, where these were physically taken over by the Indian side,” it said.

Indian fishermen and boats are often apprehended by PMSA authorities when they violate Pakistan territorial waters.

Usually the boats are not in seaworthy condition and are not returned.

However, following instructions from the Prime Minister to return these boats, special efforts were undertaken by the PMSA to ensure that the boats are returned to their owners, the statement added.

Pakistan and India frequently arrest rival fishermen for violating the sea waters.

(PTI)

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