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Gujarat Pollution Control Board
Paryavaran Bhavan, Sector-10 A, Gandhinagar-382 010
9. The Collector, Vadodara
Kothi Kacheri Building, Raopura, Vadodara – 390 001
10. The Chairman
Vadodara Urban Development Authority
“VUDA BHAVAN” L&T Circle, V. I.P. Road, Karelibaug,
Vadodara – 390 018
11. The Zonal Officer
Central Pollution Control Board
Parivesh Bhawan, Opp. VMC Ward Office No. 10,
Subhanpura, Vadodara - 390 023
12. The Regional Officer
Gujarat Pollution Control Board
GERI Compound, Race Course Road,
Vadodara – 390 007
Subject:
A. Act immediately to prevent anticipated disasters,
flooding, and water logging due to deliberate negligence
regarding the reclamation of ravines, water detention
areas under the pretext of ‘low lying areas’ or blaming
heavy rainfall, and debris dumping.
B. Inaction to do so will invite legal action.
C. You will be liable as individuals to compensate if any
damage is done to environment and the affected
communities.
Reference:
1. Deliberate Ongoing Violation of ‘The Construction
and Demolition Waste Management Rules, 2016’, ‘The
Solid Waste Management Rules, 2016’.
2. Non-compliance of the Interim Order dated
25.05.2016 passed by the National Green Tribunal
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(Western Bench) of Application 49 of 2016 (Rohit
Prajapati and Anr V/s Secretary MoEFCC & Ors).
3. Non-compliance by the Vadodara Municipal
Corporation of the Order No.
SEIAA/GuJ/General/512/2016 dated 09.08.2016 passed
by the State Environment Impact Assessment Authority
(SEIAA), Gujarat, passed in the Withdrawal Application
for VRDP Project No. SIA/GJ/NCP/4584/2015, dated
05/08/2016 of Vadodara Municipal Corporation.
4. Non-compliance of the Gujarat High Court Judgement
dated 2 August, 2002 in SCA No. 10621 of 2000
(Shailesh Shah V/s State of Gujarat).
5. Non-compliance of Order, dated 22.02.2017, of the
Supreme Court in Writ Petition (Civil) No. 375 of 2012
(Paryavaran Suraksha Samiti & Anrs V/s Union of India
& Ors).
6. Non-compliance of the National Green Tribunal,
Principal Bench, Delhi, Order, dated 03.08.2018,
28.08.2019 in Original Application No. 593 of 2017,
(Paryavaran Suraksha Samiti & Anrs V/s Union of India
& Ors).
7. Non-compliance of the National Green Tribunal,
Principal Bench, Delhi, Order, dated 06.12.2019, in
Original Application No. 673 of 2018.
8. Non-compliance of the Explicit directions, sent to the
Additional Chief Secretary of Forests & Environment
Department, Gujarat State, by the Central
Government’s Ministry of Environment, Forests and
Climate Change, National River Conservation
Directorate’s Joint Director on 03.06.2019.
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9. Non-compliance of the GPCB direction dated
08.01.2018, the legal notice dated 12.07.2018 and
10.12.2018, and site visit to various site showing
dumping and encroachments on 24.04.2019 by the
Committee headed by Chief Justice (Retired) of Delhi
High Court Justice Mr. B. C. Patel, and the Gujarat
Pollution Control Board officials.
10. Non-compliance of the Legal notice, dated
06.08.2019, to VMC, under section 15 of ‘The
Environment (Protection) Act 1986’ by the GPCB.
11. Non-compliance Explicit directions, sent to the
Municipal Commissioner of Vadodara Municipal
Corporation by the Urban Development and Urban
Housing Department dated 24.01.2020.
12. Meeting dated 17.03.2020 at the Vadodara GPCB
Office, of VMC officials, GPCB officials, and our
representatives.
13. Letters to the Municipal Commissioner and others on
this subject, dated 25.12.2017, 04.01.2018,
14.06.2018, 02.07.2018, 20.10.2018, 22.11.2018,
30.01.2019, 22.05.2019, 14.06.2019, 28.08.2019,
02.09.2019 and 20.01.2020.
Sir/Madam:
The recent ongoing pandemic of COVID-19 has brought all our
anthropocentric activities to a screeching halt forcing us to introspect on
our actions and life on this planet. Yet, amidst the chaos and uncertainty,
the governmental powers and the related administrative mechanisms
have again chosen to assert their top down development decisions,
which are not thought through or rely on the latest sciences or
techniques, and are imposed on the citizens without even giving proper
information, let alone without authentic and proactive participation. This
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is proven by the issuance of the rushed tender for the “the consultancy
for preparation of Detail Project Report for Master Planning of
Rejuvenation and Flood Mitigation for the Vishwamitri River (Vadodara)
from the origin of the river (Pavagadh) to end point of the river (Gulf of
Khambhat)”. The Concerned Citizens of Vadodara have conveyed their
staunch concerns and reservations against this covert action through a
letter dated 17.04.2019.
We would like to impress that while we appreciate the proactive efforts
taken by the authorities during these testing times of the pandemic, we
strongly question the lack of such vigor and diligence in the case of
recurrent and anticipated disasters like flooding and water logging over
the last few decades. We, as Concerned Citizens of Vadodara, have
repeatedly cautioned, suggested, recommended, alerted, offered to work
with, and notified the concerned authorities time and again regarding the
worsening conditions of the natural system of the city and the
increasingly dire situation of the city. These efforts reflect our genuine
and sincere concerns towards the city and its citizens. The waterlogging
and floods of 31 July – 1 August 2019 onwards are a testimony of our
warnings.
The Vadodara Municipal Corporation, has sat on our letters since 2017
(see Reference Number 13) and has done nothing significant to address
the issues. If the city of Vadodara does not wake up and begin the
technically and ecologically sound pre-, during, and post- measures for
reclaiming and restoring the ravines and water detention areas filled with
construction debris and all kinds of solid waste and sorting, recycling and
upcycling the removed materials (resources), we are headed for another
episode of disaster and damage due to water-logging and floods during
the upcoming monsoon of 2020. We all must address the so-called
“flood” issue by treating not its symptoms but root causes. This is the
real work that has been deliberately ignored. We all know who pays the
real price of this kind of nonchalance; not the elected officials or the
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bureaucrats who live comfortably in their citizen-paid bungalows with
staff to take care of their wants.
In addition to the existing transgressions and issues of grave
consequences, we also want to draw attention of all the concerned
authorities some old (pending and overlooked) and newly emerging,
crucial issues related to rapid “development” works that need serious and
urgent attention from you.
The ravines and wetlands are being systematically destroyed and
filled with debris and municipal solid waste in order to reclaim
land for further “development”. This will further exacerbate the
already existing waterlogging and flooding woes in various parts
of the city.
The ravines and wetlands are nature’s water management mechanisms,
which act like shock absorbers, natural sponges, by detaining the
inundation of waters in the river during monsoon. The above-mentioned
activities are altering the nature-made morphology as well as natural
functions of the river system by either narrowing the section of the river,
straightening of the meanders, modifying the natural topography along
the banks, clearing of vegetation, and increasing impervious surfaces.
These actions are modifying the soil structure, its interactions with water
and other bio-geo-chemical processes along the riparian zones, and
aggravates the threat of disasters such as floods and water logging. Poor
people always pay the heaviest price of such criminal negligence by the
concerned authorities.
Since our last letter dated 02.09.2019 to the Municipal Commissioner
and others, we have not seen any remediatory action from the
authorities. Instead, this practice of dumping in the ravines is still
continuing and getting worse with apparently no repercussions to the
concerned authorities and parties. This is happening despite the
prevailing laws of the land, directions of concerned authorities, and
Courts’ Orders.
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We once again bring to your notice that the above-mentioned activities
are in deliberate and blatant violation of the Order dated 25.05.2016 of
the National Green Tribunal in Application 49 of 2016 (Rohit Prajapati
and Anr V/s Secretary MoEFCC & Ors). We would like to make it very
clear once again, that this order does not prevent you from
removing the debris from the banks of Vishwamitri River, its
tributaries, wetlands and ravines. Please do not deliberately
misinterpret the Order, which will also amount to the contempt
of the Court.
Furthermore, these works and activities are in complete violation under
the provisions of the following environmental statutes:
1) The Wildlife (Protection) Act, 1972
2) Environmental Impact Assessment Notification, 2016 under
the Environment (Protection) Act, 1986
3) The Environment (Protection) Act, 1986
4) The Wetlands (Conservation and Management) Rules 2010
5) The Solid Waste Management Rules, 2016
6) The Construction and Demolition Waste Management Rules,
2016
The pandemic, in many ways, has taught us multiple lessons, if we are
smart enough to recognize them. The key message is that nature has its
own resilient ways to reconcile its system even if we don’t respect its
spatial structure and processes. It is high time we recognize the realm of
the river system as a whole and duly vacate our encroachments form its
bio-physical environs. It is important to reiterate that the restoration of
the river, ravines, ponds, wetlands, and such must be done
systematically, scientifically, and in an ecologically sound manner and
ensure healthy and well-functioning ecosystems, including the habitats
of the riverine flora and fauna.
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We still believe that our city deserves better. It should be an ideal and
exemplary “Smart City”, especially in the era of emerging climatic crisis
and uncertainties of the 21st
Century, that represents the beginning of
the Anthropocene Era. Our city and state can and must help evolve better
models of comprehensive planning and specific designs for apt and sound
development that other cities can take inspiration from. The current
situation and status quo will only worsen if the City. As a collective whole
and with the help and coordination with the State, the City does not take
any substantial, participatory, proactive, and accountable initiatives in
the right direction, year after year!.
Now, we once again demand that the authorities:
1. Implement immediately, in letter and spirit, ‘The
Construction and Demolition Waste Management Rules,
2016’ and ‘The Solid Waste Management Rules, 2016’. We
have been raising the questions in this regard and we need
reliable and verifiable answers now.
2. Implement immediately all the directions mentioned in the
reference given by the MoEFCC, GPCB and others.
3. Ensure devising and implementation of proactive and sound
Action Plans for proper and well-monitored remediation,
restoration, and future waste management by sorting,
recycling, reusing, and upcycling. We insist on a complete re-
look, re-design of all the ongoing, and not-so-well thought
out demolition activities, clean-up drives, and so-called
development projects. All the projects should be
comprehensively integrated with overall Development
and/or Master Plans and apt management strategies. No
project or above stated activities must be imposed or
implemented as isolated interventions handled by different
departments and agencies in an uncoordinated manner.
Local residents’ inputs also must be taken into account in
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devising and implementing any plans or activities anywhere
in the Vadodara city area and the entire watershed of the
Vishwamitri River. We must adapt or create our own the best
practices to realize all these by adopting time bound,
transparent, well-advised, and well-monitored processes.
4. Establish a semi-statutory body, with legal teeth, that
would include subject experts (ecologists, geologists,
hydrologists, environmental / ecological planners, wetland
specialists, landscape architects, legal and legislative
specialist, investors) as well as knowledgeable and
experienced members of the community at-large, to guide
and monitor the remediation of the damage done and new
development initiatives that the government would
undertake proactively to improve the quality of the local
ecosystems and lives of the citizens of Vadodara.
5. Establish a fully functional, effective, and knowledgeable
Urban and Environmental / Ecological planning Department
in the VUDA and/or VMC that also includes experts from
various related fields (such as ecologists, environmental and
civil engineers, and landscape architects) for ensuring better
plans and detailed designs for the city.
6. Make detailed action plans for restoring and maintaining the
river, the tributaries (nalas), ravines, ponds and wetlands so
as to ensure their natural functioning and monitoring year
round.
7. Prepare immediately, technically correct and accurate
contour survey, digital elevation models (DEMs), plinth
levels, and other physical and biological factors, with advise
from experts, for the entire VMC and VUDA areas.
8. Plan and design all physical and infrastructural
interventions, including roads and other structures, seriously
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and scientifically considering the above stated data and
adopting participatory methods.
9. Prepare Disaster Mitigation Plans for the city by using the
landscape and ecosystem approaches right from the origin of
River Vishwamitri and include all the villages and towns in
the watershed of this river. If and as needed, remove,
retrofit, and/or restore parts of the city. Cosmetic and ill-
advised interventions or projects, implemented in piecemeal
and uncoordinated manner within the VMC or VUDA limits
only will NOT solve the problems arising from the current,
inadequate way of developing the city, but they will
exacerbate them further.
10. Revisit and revise all the so-called “beautification” plans
and projects, including installation statues in the lakes,
demolishing of buildings, road widening, flyover
construction, etc. by the authorities.
11. Set up a recycling and upcycling plant, at the earliest, to
treat the debris (concrete waste and other household waste)
and convert it into a usable form. This will help us to take
necessary steps to move away from the current throughput
economy to a new, regenerative economy. No new
permissions for reconstruction of old buildings should be
allowed till well-devised, official permits and protocols for
demolition as well as fully operational recycling and upcycling
plant is are devised and established.
12. Implement appropriate rainwater harvesting structures as
per the micro-level geology-hydrology of the area to harvest
the excessive water available while maintaining the e-flow of
the river and natural water bodies.
13. Make the satellite images of the past and recent floods and
other relevant information and data available in the public
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domain. This should display all areas covering the entire VMC
and VUDA that get waterlogged, flooded, and dumped or
encroached upon in the entire city. This information must
also updated on a yearly basis and put in the public domain
for increasing awareness amongst the people and
monitoring.
14. Mobilize and commit enough funding to fulfill the above
demands / objectives for a better city and its natural and
cultural assets and the resulting richer experiential qualities.
15. Work towards bringing about a paradigm shift in the way we
envision, govern/administer, and plan our cities and other
areas. It is time to redefine administrative boundaries (like
wards and districts) according to the boundaries of
watersheds and subwatersheds. Though seemingly difficult,
it has been done elsewhere and provides a better model for
well-conceived development that honors nature and human
aspirations.
16. As a significant first step, the GPCB, the VMC, and the
Collector’s Office together must chart a plan of action for a.
before, b. during, and c. after phases of debris and solid
waste removal from the ravines and low-lying areas, both at
the city and district levels. For this to happen, immediately
form a task force comprising of local and field experts and
representatives of the concerned authorities. This task force
must systematically act towards all three phases, taking into
consideration examples of cities like Indore, MP, and others
who have explored alternative methods as well as determine
Best Practices for cleaning up and re-/up-cycling the
removed materials (resources), and restoring the dumped
sites. This task force must also conduct one or two pilot
projects for any one or two of the three phases mentioned in
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this paragraph before the monsoon rains strike Vadodara.
Not doing this much will result in another lost year.
We again request a meeting (through internet) to be scheduled among
all the concerned authorities (specifically, Vadodara Municipal
Corporation) and us at the earliest to discuss the matters stated in this
letter and prepare an apt action plan with realistic deadlines and
adequate resources.
We look forward to your positive response and immediate action to
protect, restore, enhance, and nurture the environment while following
sounder and saner paths to development that will add to the brand value
of Vadodara city, nationally and internationally as well as sense of pride
for and responsible actions the citizens.
We sincerely hope that all the concerned and responsible government
authorities, that aspire to make Vadodara a “Smart City” will go beyond
such labels and strive to work with us to make Vadodara a timeless,
healthy, and happy city and eco-region will heed to our inputs and
demands at the earliest possible.
Yours Sincerely,
Concerned Citizens of Vadodara
Mr. Rohit Prajapati, Environment Activist, Researcher, and Writer
Ms. Neha Sarwate, Environmental and Urban Planner
Dr. Deepa Gavali, Wetland Ecologist
Dr. Ranjitsinh Devkar, Zoologist
Dr. Shishir R. Raval, Landscape Architect and Ecological Planner
Dr. Jitendra Gavali, Botanist
Mr. Shakti Bhatt, Water Resources Expert
Dr. Arjun Singh Mehta, Biotechnologist
Dr. Jayendra Lakhmapurkar, Hydro-Geologist
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Mr. Hitarth Pandya, Educationist and Writer
Mr. Rutvik Tank, Civil Engineer and Urban Planner
Ms. Dhara Patel, Landscape Architect and Architect
Mr. Mrugen Rathod, Visual Artist
Mr. Milind Gadre, Retired Bank Manager, Nature Lover
Ms. Suvarna Sonavane, Zoologist and Educationist
Ms. Shruti Shah, Botanist and Resource Consultant
Ms. Sandhya Gajjar, Heritage Conservation, Tribal Communities and
Endangered Languages
Mr. Sameer Gaikwad, Electrical Engineer
Copy to:
The Minister of Environment, Forest and Climate Change, New
Delhi
