The Dengue Menace: Chief Minister should explain why his Govt. has kept the 2003 Act inconsequential

Subhas Chandra Pattanayak

Nothing new I am going to say. I am going to repeat what I have said repeatedly earlier.

To save the city’s inhabitants and visitors from mosquito menace and from pernicious pollution, Orissa Legislature had stipulated in the Orissa Municipal Corporation Act, 2003 that cowsheds must stand obliterated within the limits of Bhubaneswar Municipal Corporation (BMC) with immediate effect.

Most of government lands in important areas of Bhubaneswar are illegally occupied by the milkmen who do lucrative business by keeping hundreds of cows in sheds erected on the encroached lands. The 2003 Act was to clear the encroachments and free the capital city of pollution and mosquito menace.

They formed an organization styled ‘Orissa Milk Producers Association’ and moved the Orissa High Court against this new Law, praying for its nullification or in the alternative, direction to the Government to rehabilitate them in suitable places in the city before eviction and not to impose prohibition on running of cowsheds. Orissa High Court rejected their plea.

They went to the Supreme Court of India against the order of the High Court. There they also failed.

The Supreme Court, in deciding Civil Appeal No.940 of 2006 arising out of SLP (C) Nos. 16362-16363 of 2004, made it absolutely clear that the milkmen must be evicted from the limits of BMC and must not be rehabilitated anywhere in the City and its periphery, as “Right to environment being a fundamental right, it is the duty of the State to make it sure that people get a pollution free surrounding”.

The milkmen had pleaded that the present Chief Minister’s father had assured them with rehabilitation and hence they should be given plots in substitute to run their business. Rejecting this plea, the Supreme Court had declared, “In view of the 2003 Act, even the doctrine of Promissory Estoppels will have no application”.

It had further ordered that the milkmen cannot even be allowed to put up cowsheds in villages bordering Bhubaneswar. “As by reason of the Orissa Municipal Corporation Act, within the periphery of the town, dairies or cowsheds cannot be maintained, the State cannot be entitled to adhere to its earlier plan of rehabilitating them in villages mentioned therein”, the Supreme Court had said while observing, “Not only filth, stench and unhealthy places have to be eliminated, but the (town planning) would be such that it helps in achieving family values, youth values, seclusion and clean air to make the locality a better place to live

Thus the Supreme Court has not only rejected the plea of milkmen to have cow-buffalo-swine-sheds in Bhubaneswar, but also has fortified the provisions laid down under Sections 409, 543 and 548 of The Orissa Municipal Corporation Act, 2003, which prohibit keeping animals of cow category anywhere within and around the city limits.

The judgment delivered on February 2, 2006 is published in (2006) 3 Supreme Court Cases 229.

So, there was no legal problem at all over demolition of cowsheds and eviction of milkmen with their herds of animals to free the city from stench and flies and mosquitoes and malaria and filariasis and dengue and threats of cancer and tuberculosis.(ORISSA MATTERS, January 7, 2009).

But, for reasons best known to the Chief Minister, the milkmen, instead of getting evicted, are protected by the department directly under his charge.

Another Severe danger to human health

As the corrupt government has protected this menacing danger to human health, the city of Bhubaneswar has become a den of nitrous oxide, methane and other greenhouse gases as well as noxious stinks produced by these illegal cowsheds.

It is established that ammonia (NH3) evaporating from cow dung and urine play havoc with environment. An adult cow emits 80 to 110 kilograms of methane gas over its lifetime. Four thousand illegal cowsheds in Bhubaneswar harbor at least 4,00,000 adult cows at the rate of 100 per shed in the average. So, one fears, Bubaneswar is forced to face 400, 000, 00 kg methane gas menace, because Naveen Patnaik’s government is in nexus with the milkmen.

The whole city is under layers of arsenic gas generated by burning of cow dung cakes by the milkmen for cooking and for repelling mosquitoes from their cowsheds and attached huts where they live. Arsenic is slow-poisoning the people residing near the cowsheds and specifically, the children. Cases of TB, Chronic Obstructive Pulmonary Diseases and Pneumonia, Lung Cancer are increasingly hitting the Bhubaneswar Hospitals. Malaria, Filarial infection, Dengue and such other diseases caused by mosquitoes, various allergies, skin diseases, and cardiac problems are in the rise in the obstinately unhygienic environment the milkmen have created.

Offense against the Assembly

To save Bhubaneswar from this monstrous danger, the Assembly had laid down under Sections 409, 543 and 548 of The Orissa Municipal Corporation Act, 2003 that the city must be immediately made free of Milkmen. Their association, as already shown supra, had challenged it up to the Supreme Court and failed. Yet it is not implemented. If anything, it is a naked offense against the Orissa Legislative Assembly.

 Scam that possibly funds the CM

As my sources say, the milkmen were paying Rs.300/- as protection money to GA department Officials which after enactment of the Act of 2003 had reached Rs.2000/- per cowshed. After the Supreme Court rejected the milkmen’s case and fully endorsed the Act of 2003, giving a direction to the State government to oust the milkmen forthwith from the city limits and periphery of Bhubaneswar, the protection money has been increased from Rs.2000/- to Rs.4000/- well within the knowledge of the Chief Minister.

If Chief Minister Naveen Patnaik is not involved with this scam, he should come forward to clear the doubts by explaining as to why his administration has not taken any step to demolish the cowsheds and to evict the cowherds and to free the government plots from their encroachments and to save Bhubaneswar from mosquito menace, from mosquito induced calamities like dengue, pollution, from the hazards of nitrous gases, from arsenic poison, from ammonia, from filth of cow dung and stench and from abnormal rise of temperature and collapse of its habitable climate under impact thereof.

Supreme Court verdict goes barren

The most beneficial Act has most brazenly been rendered inconsequential by Naveen Patnaik. And in this, we see, the Supreme Court verdict has gone barren.

It is time, the Supreme Court should ask the CBI or appoint a special Commission to conduct an in-depth investigation into why the State Government has slept over its order passed in Civil Appeal No.940 of 2006 arising out of SLP (C) Nos. 16362-16363 of 2004, published in (2006) 3 Supreme Court Cases 229.

We may remind the Supreme Court that in the said order it had mandated that “Right to environment being a fundamental right it is the duty of the State to make it sure that people get a pollution free surrounding”.

We may further remind the Supreme Court that in the said order, it had emphasized that. “Not only filth, stench and unhealthy places have to be eliminated, but the (town planning) would be such that it helps in achieving family values, youth values, seclusion and clean air to make the locality a better place to live”.

3 ft high cow dung on the road, the cow shed behind the green fense4 to 5 ft high heap of cow dung on western main road to Capital HospitalThe pictures of filth  given here are captured with the camera near about the State Secretariat. Minister Sanjay Das Burma is staying about 50 meters from this spot. many ruling-party heavyweights and IAS officers are living around this spot. This is the picture of a very important nerve center of  Bhubaneswar. What is happening in the interior of the City can easily be imagined.  As already said, there are 4000 such spots where cowherds are keeping hundreds of cows in illegally built up sheds, filling the entire area with filth. The Supreme Court as well as you dear visitors may please appreciate that no camera can capture the stench. Just imagine, how is Naveen Patnaik managing the affairs.

I call upon every responsible person, who peruses this posting, to ask the Chief Minister of Orissa to explain as to why he has kept the 2003 Act inconsequential if he is not involved with the Rs.1.6 crores monthly scam generated by his perceivable nexus with the milkmen.

demolition of temples_threedemolition of shopsThese pictures would show how slums and kiosks, even temples are razed down in course of retrieving public premises from encroachments. But, despite the specific Act of 2003 and  orders  of the Orissa High Court and the Supreme Court of India  no cowshed has ever faced the eviction crew.
Dengue is taking heavy tolls of human life and all other hazards as noted above are pushing people into death’s pernicious grip. But the milkmen are protected, possibly because around 4000 milkmen are greasing the palms of fellows empowered to implement the Act and the verdicts with at least Rs.4000/- per month. Shame!

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Orissa Chief Minister Naveen Patnaik is either corrupt or incompetent, as suggested by Gowala scam

Subhas Chandra Pattanayak

The preceding posting was a prelude to this presentation.

Scams in every sphere of administration have engulfed Orissa in the regime of Naveen Patnaik. His stay in power is also based on ‘election scam’ that he executes by stupefying the people under overwhelming impact of all the official welfare programs named after his father Biju. Gullible people fail to understand the difference between welfare projects named after Biju and the political party named also after Biju, and mistake the welfare programs as gifts of Biju Janata Dal, and this mistake helps the BJD win the elections. Naveen is in power for 15 years despite all his misrule because of this ‘election scam’.

Audits and Courts have stripped his government layer by layer for corruption and incompetency, embezzlements and such other offenses signifying scams of severe nature. State Crime Branch, State Vigilance, Central Bureau of Investigations, and various Judicial Inquiry Commissions are busy in investigations into various scams perpetrated in Naveen’s regime.

However, I am going to focus in this presentation on another scam that severely endangers human health and living environment; but continues unabated.

This not-yet-investigated scam may be called by us as ‘Gowala scam of Bhubaneswar’. This scam is suggestive of how Chief Minister Naveen Patnaik is either corrupt or incompetent, crying for immediate judicial investigation.

At the moment, the scam possibly is of Rs. 16,000,000/- per month, because, according to a source in GA department, around 4000 milkmen are paying Rs.4,000/- each as unofficial fees against government plots they have encroached in prime locations.

Every milkman (gowala in Supreme Court’s language) knows the collection agent of his locality and faithfully pays the payola to him every month. The ruling party gets the benefit and manages the mandarins so as not to implement the Municipal Corporation Act, 2003, which bans cow keeping in the capital city.

Most secured

This amount may be more or less. My source may be right or wrong. But, it is certain that, the milkmen are the most secured encroachers of prime plots in Bhubaneswar, more secured than even the present President of Orissa branch of BJP and former urban development minister K.V.Sighdeo, ill-famed for encroachment of government land in front of the Governor’s house.

To protect these milkmen, Chief Minister Naveen Patnaik has de facto killed the law his government had enacted in 2003.

I have discussed this phenomenon earlier and will repeat the discussion in this presentation to provoke the Chief Minister to place before the public his explanation, if any, over his government’s criminal silence, despite the the Supreme Court having fully endorsed the said Law in 2006, mandating the government to immediately oust the milkmen from Bhubaneswar and its periphery.

The 2003 Act and the Supreme Court

To save the city’s inhabitants and visitors from mosquito menace and from pernicious pollution, Orissa Legislature had made provisions in the Orissa Municipal Corporation Act, 2003 that had stipulated that cowsheds must stand obliterated within the limits of Bhubaneswar Municipal Corporation (BMC) with immediate effect.

Orissa Milk Producers Association had moved the Orissa High Court against this new Law praying simultaneously that the Government be asked to rehabilitate them in suitable places in the city before eviction and not to impose prohibition on running of cowsheds. Orissa High Court rejected their plea.

They went to the Supreme Court of India against the order of the High Court. There they also failed.

The Supreme Court, in deciding Civil Appeal No.940 of 2006 arising out of SLP (C) Nos. 16362-16363 of 2004, made it absolutely clear that the milkmen must be evicted from the limits of BMC and must not be rehabilitated anywhere in the City and its periphery, as “Right to environment being a fundamental right, it is the duty of the State to make it sure that people get a pollution free surrounding”.

The milkmen had pleaded that the present Chief Minister’s father had assured them with rehabilitation and hence they should be given plots in substitute to run their business. Rejecting this plea, the Supreme Court had declared, “In view of the 2003 Act, even the doctrine of Promissory Estoppels will have no application”.

It had further ordered that the milkmen cannot even be allowed to put up cowsheds in villages bordering Bhubaneswar. “As by reason of the Orissa Municipal Corporation Act, within the periphery of the town, dairies or cowsheds cannot be maintained, the State cannot be entitled to adhere to its earlier plan of rehabilitating them in villages mentioned therein”, the Supreme Court had said while observing, “Not only filth, stench and unhealthy places have to be eliminated, but the (town planning) would be such that it helps in achieving family values, youth values, seclusion and clean air to make the locality a better place to live”

Thus the Supreme Court has not only rejected the plea of milkmen to have cow-buffalo-swine-sheds in Bhubaneswar, but also has fortified the provisions laid down under Sections 409, 543 and 548 of The Orissa Municipal Corporation Act, 2003, which prohibit keeping animals of cow category anywhere within and around the city limits.

The judgment delivered on February 2, 2006 is published in (2006) 3 Supreme Court Cases 229.

So, there was no legal problem at all over demolition of cowsheds and eviction of milkmen with their herds of animals to free the city from stench and flies and mosquitoes and malaria and filariasis and threats of cancer and tuberculosis.(ORISSA MATTERS, January 7, 2009).

But, for reasons best known to the Chief Minister, the milkmen, instead of getting evicted, are protected.

The following is a sample picture of demolition of roadside kiosks run by unemployed persons in pursuit of livelihood in the Unit 9 area of Bhubaneswar on October 30.

demolition of road side shops on 20.10.14

BMC has demolished many such kiosks of unemployed people trying to eke out a living. Another instance captured by camera in 2008:

demolition of shops

It has demolished tiny temples established by people for social utility. Some instances as caught in camera:

demolition of temple_twodemolition of temple 4demolition of temple_one

 

 

 

 

 

 

 

It has used state terror in demolishing the slums where abjectly poor migrant laborers live braving inhabitable conditions, so that they can live for a day. The picture below presents how the evicted poor workers are helpless before the uniformed muscles of the State.

demolition of slum 2

Shameful, yet real
It is shameful for the Republic of India that, when there was no instance of an Indian selling himself/herself in a market for a day’s bread during the Britishraj, Bhubaneswar is having several laborer-markets, called ‘Mulia hat’ where every morning daily laborers (Mulia) gather to sell themselves for money. Only a few of them get a day’s engagement, many return resigned to fate.
The picture below is of one such Mulia Hats, where slum dwellers gather daily for selling themselves to anybody who can engage them in work for a day.Mulia Hat 1

 

In the labyrinth of misrule

Naveen Patnaik has misruled the State to such severe shrinkage of avenues of livelihood that Dadan (migration of laborers from Orissa to other States in search of work) is in constant rise. Dadan often ends in death of the worker due to non-payment of wages, slow starvation, and torture by the employer beyond endurance and resultant suicides. Whosoever fails to migrate to other states, tries his/her luck in the ‘Mulia Hat’ at Bhubaneswar. The picture shows this sordid reality.

These helpless people, resigned to fate, live in slums. Instead of giving them agricultural land, which, as excellent workers, they can use to earn their bread, the Naveen Patnaik government has been sacrificing thousands of acres of land at the altar of avarice of the ultra high rich people – mostly non-Oriyas – for industry and commercial hubs.

demolition of slum_oneWhen so generous to the rich, he is demolishing slums after slums, as if poor people have no right to earn their livelihood at Bhubaneswar. More menacing is the cruelty shown in demolishing their slums. The picture below carries a sample of this cruelty.

But when demolitions of slums, of self-employment kiosks, of temples etcetera is executed without any mercy for the affected, the milkmen are the only people who never face any eviction from encroached prime plots in the heart of the City.

In the preceding article of October 29 that was a prelude to this presentation, a particular location has been highlighted with relevant pictures for ready reference. I have given in that posting the location map for any functionary or conscious citizen to reach there and see what havoc is being played upon the living environment.

Here below are some more pictures that would show how the capital city of Orissa has been infested with illegal cowsheds and unrestrained cattle.

The milkmen leave their cattle roam freely and rest on the road that causes severe disadvantage to vehicular traffic, particularly in the night. A sample picture may suffice in understanding the threat to human safety.

Threat to life on the road

cows on the road 1

cows on the road 3

 

 

 

 

The menace is widespread.

gowala menace 1

The above picture is just a sample of illegal cow-keeping in another location in Bhubaneswar.

And, how is city environment affected by these illegal cowsheds?

3 ft high cow dung on the road, the cow shed behind the green fense4 to 5 ft high heap of cow dung on western main road to Capital Hospital

The above two pictures show, 3 to 4 ft high mount of cow dung has been heaped on a main road. And it has engulfed at least 5 to 6 ft of the road. Because of flowing cow dung and urine mixture, nearby slum houses are also very severely affected, as the picture below shows.

flow of cow dung on western main road to Capital Hospital

Severe danger to human health

As the corrupt government has protected this menacing danger to human health, the city of Bhubaneswar has become a den of nitrous oxide, methane and other greenhouse gases as well as noxious stinks produced by these illegal cowsheds.

It is established that ammonia (NH3) evaporating from cow dung and urine play havoc with environment. An adult cow emits 80 to 110 kilograms of methane gas over its lifetime. Four thousand illegal cowsheds in Bhubaneswar harbor at least 4,00,000 adult cows at the rate of 100 per shed in the average. So, one fears, Bubaneswar is forced to face 400, 000, 00 kg methane gas menace, because Naveen Patnaik’s government is in nexus with the milkmen.

The whole city is under layers of arsenic gas generated by burning of cow dung cakes by the milkmen for cooking and for repelling mosquitoes from their cowsheds and attached huts where they live. Arsenic is slow-poisoning the people residing near the cowsheds and specifically, the children. Cases of TB, Chronic Obstructive Pulmonary Diseases and Pneumonia, Lung Cancer are increasingly hitting the Bhubaneswar Hospitals. Malaria, Filarial infection, Dengu and such other diseases caused by mosquitoes, various allergies, skin diseases, and cardiac problems are in the rise in the obstinately unhygienic environment the milkmen have created.

Most beneficial Act most brazenly killed

To save Bhubaneswar from this monstrous danger, the Assembly had laid down under Sections 409, 543 and 548 of The Orissa Municipal Corporation Act, 2003 that the city must be immediately made free of Milkmen. Their association, as already shown supra, had challenged it up to the Supreme Court and failed.

As my sources say, the milkmen were paying Rs.300/- as protection money to GA department Officials which after enactment of the Act of 2003 had reached Rs.2000/- per cowshed. After the Supreme Court rejected the milkmen’s case and fully endorsed the Act of 2003, giving a direction to the State government to oust the milkmen forthwith from the city limits and periphery of Bhubaneswar, the protection money has been increased from Rs.2000/- to Rs.4000/- well within the knowledge of the Chief Minister.

If  Chief Minister Naveen Patnaik is not involved with this scam, he should come forward to clear the doubts by explaining as to why his administration has not taken any step to demolish the cowsheds and to evict the cowherds and to free the government plots from their encroachments and to save Bhubaneswar from pollution, from the hazards of nitrous gases, from arsenic poison, from ammonia, from filth of cow dung and stench and from abnormal rise of temperature and collapse of its habitable climate under impact thereof.

The most beneficial Act has been most brazenly killed by Naveen Patnaik’s government. It is time, the Supreme Court should ask the CBI or appoint a special Commission to conduct an in-depth investigation into why the State Government has slept over its order passed in Civil Appeal No.940 of 2006 arising out of SLP (C) Nos. 16362-16363 of 2004, published in (2006) 3 Supreme Court Cases 229.

We may remind the Supreme Court that in the said order it had mandated that “Right to environment being a fundamental right it is the duty of the State to make it sure that people get a pollution free surrounding”.

We may remind the Supreme Court that in the said order, it had further said that. “Not only filth, stench and unhealthy places have to be eliminated, but the (town planning) would be such that it helps in achieving family values, youth values, seclusion and clean air to make the locality a better place to live”.

The pictures of filth we have given in this posting, as captured with the camera. We expect that the Supreme Court would appreciate that no camera can capture the stench.

The ‘Gowala scam of Bhubaneswar’ strongly suggests that Chief Minister Naveen Patnaik is either corrupt or incompetent.

But the correct picture can come out only if the Supreme Court asks the CBI or appoint a Special Commission to investigate and report as to why the Orissa Government has kept its own Law – The Orissa Municipal Corporation Act 2003 – inoperative in matter of the milkmen and has rendered the above noted order of the Supreme Court inconsequential so far.

We do not expect that the Supreme Court shall fail to ensure that its orders are honored and implemented by a State Government.

A mirror to Chief Minister Naveen Patnaik

Subhas Chandra Pattanayak

eviction 2

I will begin with this picture of demolition of an unauthorized enclosure.

the martial art institute

This enclosure belonged to a martial art school in Unit 6 of Bhubaneswar that the Government has demolished a few days ago.

A private builder is negotiating to take it to his possession for construction of apartments in partnership with Bhubaneswar Development Authority/Housing Board.

Even as it is open secret that in all such partnerships with private builders, greasing of palms of concerned authorities is a motivating component, retrieval of government lands from encroachments is most welcome.

But is the Government sincere in demolition of encroachments?

In the immediate neighborhood of the Karate school, in the heart of Unit 6, there is a big cowshed on encroached government land that has become a serious threat to health of the people. It stands on the main road junction of Unit 6.

cowshed 2

This is the picture of the cowshed. If the martial art school that has been catering to good health of the people is demolished, why this cowshed adjacent to the Karate school and standing on the main road junction through which the official demolisher reached to raze down the enclosure did not demolish the cowshed, even though it causes serious health problems in the area?

After three of policemen succumbed to brain malaria during their security duty in course of a session of the State Assembly and after insurmountable outcry over unbearable mosquito menace that legislators of both the sides attributed to spread of cowsheds on government lands in every nook and corner of the capital city, the House authored a new law for the Bhubaneswar Municipal Corporation that put a blatant ban on keeping of cows and buffaloes and goats and sheep and any such animal in the City and its buffer zone to ensure healthy living environment to the people. The milkmen through their association challenged the validity of the ban on their profession in the high Court of Orissa where they also demanded that if they were to be evicted from government lands in the heart of the City, then they must be provided with alternative government lands in plots that would suit their profession. The high Court rejected their petition. They preferred a civil appeal in the Supreme Court of India. That was rejected with the Court adding more strength to the Law.

The appeal of the milkmen was based on two pleas.

One was: the present Chief Minister’s father, when in Office, had promised to rehabilitate the milkmen by giving them lands to run their business in milk; and, therefore, eviction sought without offer of alternative plot was not proper.

Against this plea, The Court held that even if a former chief minister had made a promise to rehabilitate the milkmen, there was no legal shape given to that promise by way of policy decision. And, after enactment of a law prohibiting cow keeping, the former CM’s alleged promise, even if termed an executive action, shall be of no applicability. “An executive action on the part of the State must give way to the statutory scheme. As by reason of the Orissa Municipal Corporation Act, within the periphery of the town, dairies or cowsheds cannot be maintained, the State would not be entitled to adhere to its earlier plan of rehabilitating them in the villages mentioned therein” the Supreme Court mandated.

The other was: they were ready to pay for the plot.

The Supreme Court also rejected this plea. It held, “only because they are agreeable to pay for the plot which may be allotted to them, that by itself would not clothe them with the legal right to be rehabilitated. There does not exist any legal concept which confers a legal right upon an encroacher to be rehabilitated”. Thus saying, it made it clear that “the doctrine of Promissory Estoppel will have no application” to the milkmen.

In holding the ban on dairies or cowsheds perfectly justified and absolutely necessary, the Supreme Court has said that in civic society, “Town Planning indisputably plays an important role. Unauthorised occupation by the encroachers in the areas which are meant for planned development goes a long way in thwarting the goals sought to be achieved by such town planning”.

After, thus, the milkmen lost their case in the Supreme Court, it was incumbent upon the State Government and Bhubaneswar Municipal Corporation and Bhubaneswar Development Authority to evict the milkmen from their encroachments in most important nerve centers of the city.

But even though the Supreme Court delivered its judgment on February 02, 2006, and seven years have lapsed, the unauthorized and illegal dairies or cowsheds are running in the city with the help of the authorities.

We have confidential information that there are 4000 dairies or cowsheds fully functional on encroached government plots in the city of Bhubaneswar from whom concerned officials collect Rs.4000/- each through agents of the racket every month. So, probably it is a monthly scam of Rs. 1.60 crores. We had depicted the issue in these pages and confronted the Chief Secretary through mails. But, there is no answer to that mail and no clarification on why the Municipal Corporation Act 2003 aimed at freeing the city of the filth and stench the illegal dairies or cowsheds are causing is not being implemented despite the illegal operators having lost their case in the High court and appeal in the Supreme Court.

The milkmen are spreading their filth even beyond the area they have encroached.

cowshed 4

This is causing serious health problem, particularly bronchial and mosquito generated ailments in the areas infested with dairies or cowsheds.

In these pages we have raised the issue several times; samples of which may be read at:
http://orissamatters.com/2007/01/08/bovine-grip/

http://orissamatters.com/2007/06/03/malaria/

http://orissamatters.com/2008/04/20/rate-the-govt/

http://orissamatters.com/2009/01/07/tortured-bhubaneswar/

http://orissamatters.com/2009/01/29/1009/

http://orissamatters.com/2009/03/01/bhubaneswar-boiled/

We place this issue with pictures with the specific purpose that Chief Minister Naveen Patnaik may look at it as a mirror to see the real reflection of the filth his administration is giving the people.

Whether or not he corrects himself depends upon him.

BHUBANESWAR BOILED; SUSPECTED VILLAIN IS MONTHLY BRIBE OF A CRORE OF RUPEES FROM MILKMEN

Subhas Chandra Pattanayak

Temperature exceeds forty degree Celsius in month of February!

That too in Bhubaneswar, which was earlier marked for rejuvenating wind-chill factor even in the summer!

Unbelievable.

But true.

Bhubaneswar is being boiled in greenhouse gases.

Known a few years ago as the city of the cool breeze, where saturated ozone from the nearby Mahodadhi of Puri (wrongfully called Bay of Bengal), was in constant union with the serene murmurs of the evergreen eco-system of Buddha’s birth land Chandaka, Bhubaneswar is almost dead during the regime of Navin Patnaik and his team.

The people who have killed the city’s unique climate are trying to hoodwink the world by contriving cosmetic decorations on main roadsides.

However, Navin had tried to save the city by formulating a total ban on cow and buffalo keeping inside Bhubaneswar under the Municipal Corporation Act, 2003, hereinafter called the Act of 2003.

But his officers in the General Administration Department and in the Bhubaneswar Development Authority and in the Bhubaneswar Municipal Corporation have together foiled his endeavor. A suspected bribe of around a crore of rupees plays the tricks.

Greenhouse gases cause the collapse of Bhubaneswar climate, say the environmentalists.

When to them, vehicular emissions and municipal waste are basic factors of this hazard; researchers are of firm opinion that cow dung produces more greenhouse gas than vehicular emissions. It is established that ammonia (NH3) evaporating from cow dung and urine play havoc with environment. Therefore steps were taken to clean Bhubaneswar completely of cowsheds through the Act of 2003.

The cowherds of Bhubaneswar had challenged this Law in the Orissa High Court through Orissa Milk Producers Association under the plea that by prohibiting cow keeping, the Government violates their right to life. The High Court had rejected their plea against which they had preferred a Civil Appeal before the Supreme Court of India, which was registered as Appeal (Civil) No. 940 of 2006.

In delivering its judgment on February 2, 2006, the Apex Court had rejected the Appeal and had stressed that clean environment constituting the core of Fundamental right to Life of the peoples, the gowalas cannot have the right to ruin that. Thus saying, it mandated that the Government of Orissa as well as the Bhubaneswar Municipal Corporation must ensure that the Act of 2003 is implemented sans any compromise and the cowherds are ousted forthwith to keep the city free of filth and stench.

It was a boon to Orissa administration with which Bhubaneswar environment could have been saved.

But the mandarins, starting from the State Chief Secretary to the BMC Commissioner, whosoever could have played any role in executing the Act of 2003 on renewed strength of the Supreme Court verdict, have willfully refused to use the boon.

It was heard on the grapevines that after defeat in the Supreme Court, the milkmen decided to purchase the support of these officers to render the failure of their Appeal in the Supreme Court inconsequential and to keep the Act of 2003 inoperative. It was heard that there are cowherds who contribute to achieve the purpose at the rate of rupees four thousand per month.

These functionaries were confronted with this allegation in these pages as well as through mails. But none of them has rejected the allegation as yet.

Around four thousand cowherds are operating illegal diaries in the city on encroached plots in blatant contravention of the Act of 2003. Consequently the city has become a den of nitrous oxide, methane and other greenhouse gases as well as noxious stinks produced by these illegal cowsheds.

Though in highly developed countries methane gas is the second-largest contributor to greenhouse gas emissions after carbon dioxide, in a place like Bhubaneswar it is the largest. An adult cow emits 80 to 110 kilograms of methane gas over its lifetime. Four thousand illegal cowsheds in Bhubaneswar harbor at least 4,00,000 adult cows at the rate of 100 per shed in the average. Imagine where the mandarins have dragged Bhubaneswar to by not executing the Act of 2003 and by rendering inconsequential the judgment of the Supreme Court that had added strength to this Act.

In these pages, there are reports on how journalist Bibhuti Mishra and his wife Rubi have passed away in young age because of pollution caused by a cowshed in the government plot adjacent to their residence. The cowherds operating on encroached government land use dry cow dung for cooking as well as for making clouds of smoke to repel mosquitoes from the dingy sheds where they usually keep the cows. Arsenic is a known poison that burning of cow dung creates.

Inhalation of arsenic leads to severe respiratory problems and metabolic disorders. The lamented young couple, Bibhuti and Rubi, supposedly succumbed to that poison.

But the grease from gowalas is seemingly so lucrative for the mandarins that even though the brother-in-law of Bibhuti, Ajit Kumar Tripathy is the Chief Secretary of the State, no step is being taken to stop arsenic spread in Bhubaneswar by executing the Act of 2003.

Is it not time for Navin Patnaik to clear the doubts by reviewing and explaining as to why the mandarins from Chief Secretary Tripathy to BMC Commissioner Sarangi have not taken effective steps to demolish the cowsheds and to evict the cowherds and to free the government plots from their encroachments and to save Bhubaneswar from pollution, from the hazards of nitrous gases, from arsenic poison, from ammonia, from filth of cow dung and stench and from abnormal rise of temperature and collapse of its habitable climate under impact thereof?

Is it not time for these mandarins to tell the public as to why after the milkmen’s appeal failed in the Supreme Court on February 2, 2006, they have not executed the Act of 2003 and have not freed the city of the bovine-based hazards in terms of the said Act, if they have not been bribed?

If they are not bribed to render the Supreme Court order inconsequential and to keep the Act of 2003 inoperative, they should, specifically the Chief Secretary of the State, Ajit Kumar Tripathy and the BMC Commissioner Aparajita Sarangi, tell the people, from whose exchequer they draw their salary, clearly as to who else is responsible for this offense against the Laws.

As temperature is rising under impact of greenhouse gases mostly coming from cowsheds, the responsibility of these mandarins is also rising to clarify as to whom the tortured inhabitants of Bhubaneswar should hold responsible for non-implementation of the Act that has strongly prohibited continuance of diaries and cowsheds in the capital city.