Rs 14 Crore from Govt as Compensation towards Affected Families in Pacchanady Garbage Landslide in 2019
Mangaluru: Recalling the tragic incident that took place in August 2019, where the Mandara area of Pacchanady in the outskirts of Mangaluru, which was once covered with lush green plants, was fully submerged due to the garbage landslide. The landslide was due to heavy rainfall, which resulted in the garbage at the dumping yard at Pacchanady suffered severe landslide, and damaged the nearby farmland and houses. Around 10 acres of area consisting of houses, areca nut trees and coconut trees was completely submerged under heaps of garbage. It was learnt that the garbage was nearly two decades old and the residents in the nearby areas had to live in a pathetic state, unable to bear the stench of the garbage from landslides. The garbage had flown to a distance of up to two kilometres creating havoc in the nearby residential areas. Close to 5,000 areca trees, 1,000 coconut trees had been submerged under the garbage.
A year after a Public Interest Litigation was filed by Karnataka State Legal Services Authority, the Karnataka High Court in August 2020 said that the State government and the Mangaluru City Corporation (MCC) must make arrangements even by borrowing money from banks by mortgaging properties of the MCC to pay adequate compensation to the persons who lost their houses, land and crops due to slippage of garbage dumped at Pachhanadi landfill during rains last year. The Court issued the direction after the MCC said that it has paid compensation partly as the government has released only R 8 crore as against Rs 22 crore sought for paying compensation and to remove the legacy waste from the landfill. The government, on the other hand, said that it cannot pay more to the MCC, which has to make arrangements from its own resources by utilising part of the money from Rs 8 crore even to pay compensation.
The Bench also told the government that it cannot be a silent spectator when failure of a local authority to implement rules results in a violation of fundamental rights of the citizen while hoping that the government would change its stand and release necessary funds to the MCC. The Bench said that it is crystal clear from the records that the Pachhanadi incident, which had resulted in the loss of properties and livelihood of several families in violation of their fundamental right, occurred due to complete failure to abide by the SMW Rules and gross negligence by the MCC.
Noticing that the MCC has unilaterally paid compensation only for loss of crops and trees without inviting any claims from the affected persons and without giving them an opportunity of hearing, the Bench directed the MCC Commissioner to personally explain through video conference during next date of hearing how the MCC will raise money to pay adequate compensation and implement the rules. The MCC has also been directed to give a public notice inviting the affected persons to submit claims by submitting documents and to give them a proper hearing before determining adequate compensation, which cannot be less than what has been paid already, taking into account loss of houses, lands, crops, other assets and livelihood.
It is now learnt that the state government has released Rs 14 crore towards disbursement of compensation to the affected families, and it was announced by MLAs Dr Y Bharath Shetty and D Vedavyasa Kamath. It should be noted that a few days ago, MP Nalin Kumar Kateel and both the MLAs had submitted a petition to the government to release Rs 20 crore, which is the estimated amount of the compensation, to people of Mandara area affected by the landslide. And as per MLA’s press statement, the government has released this amount of Rs 20 Crore from SFC special grant for the year 2019-20. Prior to this amount sanctioned, it should be noted that a sum of Rs 8 crore had been released already in the past towards compensation payment to the affected people in the garbage landslide.
