Coimbatore Corporation has started work to build an integrated bus stand in Vellalore on a land that it does not possess. The Corporation is investing on the land around 50 % of the ₹ 168-crore project to develop the bus stand, spread over 61.62 acres, in its dump yard in Vellalore. But the Corporation had leased out the land and another 120 acre to the company that process a part of the city's waste, Coimbatore Integrated Waste Management Company Pvt. Ltd.(CIWMCPL).
The Corporation had leased out the land in 2008, for which the State Government issued an order – G.O. (Ms) 76 of May 9, 2008. Thereafter, the Corporation entered into a lease agreement with the CIWMCPL on October 6, 2008. The lease clearly says that the entire land (181 acre) shall be in the CIWMCPL’s possession for 20 years from the date of commissioning the waste management project.
Sources familiar with the development say that as CIWMCPL started operations on April 1, 2011, it will possess the land till 2031.
The CIWMCPL has established a waste processing plant on the land to manage nearly 50% of the city’s waste – around 500 tonnes a day, erected temporary sheds for its 150-odd workers, mostly migrant labourers, and built a school for their children.
Municipal Administration Minister S.P. Velumani kickstarted the bus stand project by participating in the ground-breaking ceremony on January 24.
Sources say that after the Minister kick started the construction, a few persons asked the CIWMCPL to vacate a part of the 181 acre that is in its possesses. In response, the company has complained to the Corporation and district administration.
Citing its lease agreement with the Corporation, the CIWMCPL has said that the land in its possession is integral to its waste management operation and disturbance will hamper its operations.
Clause 6 of the agreement says if CIWMCPL comes across any construction or encumbrance on the land in its possession it can ask the Corporation to clear it and the civic body will have a legal obligation to do so. If the Corporation fails, the company can go ahead to demolish the construction.
This, technically, means that the company can ask the Corporation to stop or demolish any construction and the latter will be obliged to do so, the sources say.
Further, Clause 13 of the lease agreement gives full, free and uninterrupted possession, enjoyment/occupation and use of the 181 acre to the CIWMCPL throughout the term, without any obstruction, interference or disturbance. And, more importantly in Clause 14 the Corporation guarantees the CIWMCPL that the grant of the 181 acre is irrevocable for as long as the waste management agreement remains in force and it shall not terminate or seek to terminate the agreement unless the concession agreement expires.
Pointing to these clauses, the sources say that unless the Corporation terminates its agreement with the company, it cannot take back possession of the land and that puts a question mark on what to do with the 500-odd tonnes waste that the company process everyday.
Criticising the Corporation for landing itself and the city's residents in such a situation, DMK MLA N. Karthik asks who is the Corporation trying to please by rushing through the project and it does not appear to be the public.
Consumer activist K. Kathirmathiyon says this yet again shows that the Corporation has not thought through the bus stand project. It has not consulted the public, who will be least benefited given the site chosen. This calls for a complete rethink of the project, he adds.
