On 21 February,1997,
there was an unusual scene in the Calcutta High court. A number
of housewives from east Behala were narrating their experiences
on environmental pollution in front of Green Bench of the High court.
Indian urban centres are facing a new kind of problem. Already in
Delhi, the issue of pollution from industries within the city area
has caused several court cases and Supreme Court ordered all industries
in non-industrial zone to vacate. Other cities need to take a lesson
from that. But is Kolkata learning from that?
Behala is located
in the south west part of Kolkata. The area under concern is Kolkata
Municipal Corporation Ward Nos. 116,117 & 121. The area was rural
in character three decades back and there were some big rice mills.
There were a number of ponds, wetlands, fallow lands. A number of
factories were set up later and a large number of small scale industries
were set up without any planning in the defunct rice mill premises.
After 1990,
the industrial pollution in the area became a matter of serious
concern. Shri D.P.Bhattacharya, one of the founder members of vasundhara
, organised local people to protest against this problem. Most of
the local industries had no clearance from West Bengal Pollution
Control Board. A PIL was filed against some chemical industries
in the Kolkata High Court. The High Court after going through the
reports of WBPCB and All India Institute of Hygiene and Public Health
severely indicted the factories for neglecting pollution control
and closed them. Meanwhile the case was transferred to the M.C.Mehta
Vs Union of India & others case in the Supreme Court since the two
factories figured in both and for similar charges. Later the WBPCB
filed favourable status report to the Supreme Court and the Apex
Court allowed them to function as they reportedly installed pollution-control.
Dissatisfied with the environmental clearances from the statutory
authorities, the local residents filed a case in the Supreme Court.
The Supreme Court directed NEERI for inspection and report. NEERI
found the pollution control measure inadequate and the Supreme Court
directed all these industries to relocate from east Behala. Vasundhara
provided the scientific and technical support to the case.
On February,
1997, the housewives of the locality addressed a letter to the Green
Bench of Calcutta High Court complaining about serious degradation
of the environmental quality of the area. High Court ordered WBPCB
to survey the area. The survey report revealed that there are 141
plastic reprocessing units, 55 spray painting units, paints and
printing ink manufacturing units, 230 engineering & fabrication
units, 20 electroplating/galvanizing units and 30 chemical units.
None of these units have any clearance from WBPCB. Most of the units
are causing pollution. But WBPCB failed to monitor industry specific
pollutants. So we are still at dark about the nature of pollution
in this area.
The local people
are complaining of different kind of physical problems. A number
of local physicians wrote to the Minister and the High Court about
this. Till now nothing has been done from the administration.
New polluting
industries are being set up in the area. The ponds are being filled
up. The open spaces are filled with hazardous waste. Dirty plastic
wastes are heaped around the residential places. Still after analysis
reports from All India Institute of Hygiene and Public Health, NEERI
and the survey report of WBPCB, nothing has improved in the area.
It is
hightime that the authorities take proper actions to make the area
safe for living and also solve the problem of industrial locations
in urban residential areas.
What
happened in Delhi
On application
of Mr. M.C.Mehta in 1985, Supreme Court ordered relocation of 8738
(later increased to 9164) industries in March 1995 because of violation
of Delhi Master Plan -2001and shifting of those industries in the
area designated for industries. 168 hazardous industries were ordered
to close immediately and shift outside Delhi as Master Plan does
not permit such industries. Authorities were ready to offer plots.
For the workmen
the Supreme Court ordered that a)The workmen will have continuity
of service during shifting b) The workmen will be paid full wages
during this period c) One year wage will be given as shifting bonus
d) The workmen of the industries not willing to shift will be paid
6 years wages. e) The workmen not willing to shift will be paid
according to Industrial Disputes Act and one year's wage.
For the vacated
site, the Supreme Court ordered that a) Upto 2000 sq. m (0.2
ha) land, the owner can sell or develop in accordance with Delhi
Master Plan b) 0.2 ha - 5 ha. , the owner can sell or develop 43%
of land in accordance with Delhi Master Plan .and 57% of land will
be used for tree plantation and open space. c) 5-10 ha: the owner
can sell or develop 35% of land in accordance with Delhi Master
Plan .and 65% of land will be used for tree plantation and open
space. d) More than 10 ha: the owner can develop 32% of land in
accordance with Delhi Master Plan .and 68% of land will be used
for tree plantation and open space.
The Critique
of the Judgement:
a) The case
was filed 10 years back, why it took 10 years to decide the fate
of workers or was it dragged out from old files for some purpose?
Will judiciary reply?
b) As most of
the workers are not officially permanent in these small industries,
they will not be able to get the compensation. There is no safeguard
for them. Who will take care of them?
c) As the industries
violated the Master Plan, why DDA (Delhi Development Authority)
officials should not be punished for allowing these industries continue
for many years?
d) Why pollution
control board administrators should not be pulled up for allowing
such a situation to develop? Why they did nothing till the court
order?
e) 64% of air
pollution of Delhi is due to automobile emission and cars numbers
are highest in the country. No action was taken on that field.
f) No detailed
study of pollution from these industries was ever done. Authorities
did not suggest any pollution control measures.
Some
Basic Facts about East Behala
(
Ward No. 116, 117, 121) -1991 census
Total
Population : (1991) 78,529 Projected (2001) : 94,000
Female
to Male Ratio:
881
per 1000 male (W.B. average: 917), shows the trend of an urban/industrial
zone.
Male
Literacy :
77%
(W.B. average: 67.8%) Female Literacy: 64% (W.B. average: 46.6%)
Working
Scenario:
Manufacturing
- 31.2% Transport - 13.3%
Construction
- 4.6% Trade
- 24.6%
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