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2021 Supreme(Online)(NGT) 499

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, Sudhir Agarwal, J, Nagin Nanda, EM
Himanshu Juneja – Appellant
Versus
State of Haryana – Respondent
Original Application No. 177/2021



Advocates:
For the Appellants/Petitioners: Mr. Pravin Bahadur
For the Respondents: Mr. Rahul Khurana

Local authorities have a statutory duty to prevent untreated sewage discharge and waste dumping to protect public health under environmental laws.

Headnote:(A) Environment (Protection) Act, 1986 - Solid Waste Management Rules, 2016 - Grievance for failure of authorities to stop discharge of untreated sewage and unsegregated waste - Authorities directed to remedy the situation and ensure compliance with the statutory framework. (Paras 2, 6, 7)

(B) Environmental Protection - Impact on public health and living conditions due to untreated sewage disposal and waste dumping - Duty of authorities to maintain sanitary conditions under applicable laws. (Para 2)

Facts of the case:
The applicant contends that untreated sewage is being disposed in open areas threatening public health for residents in Gurugram. Various government authorities failed to stop this practice, leading to a hazardous environment.

Findings of Court:
Measures taken by Municipal Corporation Gurugram to address sewage overflow and waste disposal are insufficient and must be followed up.

Issues: The critical issue was the failure of statutory authorities to enact proper waste management practices resulting in environmental and public health risks.

Ratio Decidendi: The court highlighted the statutory duties of local bodies under Environmental Protection legislation and solid waste rules, imperatively directing compliance for safeguarding public health conditions.

Result: The application is disposed of, with emphasis on corrective actions.

Table of Content
1. improper waste disposal affecting public health. (Para 1 , 2)
2. authorities' measures to remediate sewage issues. (Para 3 , 4 , 5 , 6 , 7)

ORDER

1. Grievance in this application is against failure of the statutory authorities in stopping discharge of untreated sewage and dumping of unsegregated waste in open in Sector 111, Gurugram, Haryana.

2. Case of the applicant is that untreated sewage and waste are being disposed of in the open in the complex of Diplomatic Greens, Sector-111, Gurugram, Haryana by the residents of unauthorized colony Chandan Vihar, Village Chauma, Gurugram adversely affecting the environment and public health in the area. This has led to unsanitary conditions inside the complex where more than 350 families are residing. There is imminent danger of air and water borne diseases and also danger of ground water contamination due to leachate. Further, the said area has become a breeding ground for mosquitoes and also gives extremely foul smell from rotting of organic waste and also breaking up of pollutants due to fermentation and oxidation and the release of the same into the surrounding air and water. The Master Plan of Gurugram does not earmark areas where waste is to be dumped and discharged. Solid Waste Management Rules, 2016 prescribe duties of the various authorities/stakeholders with regard to the disposal of wastes/garbage with strict timelines. Dumping of unsegregated wastes by locals in open areas is against Solid Waste Management Rules, 2016 , under the Environment (Protection) Act, 1986 .

3. Vide order dated 26.07.201, the Tribunal considered the grievance and directed a joint Committee comprising Secretary, Urban Development/ Local Bodies, Haryana, Municipal Corporation, Gurugram and Haryana State PCB to ascertain the factual position and furnish its report to this Tribunal within two months.

4. In pursuance of above, the Municipal Corporation, Gurugram has filed a status report dated 29.10.2021 as follows:-

3. During site inspection it was found that the sewer line with 400 mm diameter (branch sewer line) was laid down by MCG anticipating future plan to connect it with main sewer line with diameter 900 diameter. This 400 mm diameter (branch sewer line) is to be connected with main sewer line after STP of 0.25 MLD capacity at village Sarai Alawardi is made functional and main sewer line is connected with it. However, before this execution of said planned project, sewage of Shankar Vihar Colony was connected by its residents without permission of MCG into 400 mm diameter (branch sewer line) which itself was closed at its end. This connection of sewage led to filling of 400 mm diameter sewer line and overflowed from its main hole.

4. After taking note of the said incident, as a temporary measure, sewage of Shankar Colony has been tapped by MCG and no sewage is being discharged into 400 mm diameter sewer line. Resultantly, overflow of sewage has also stopped. The affected area has also been cleaned. At present sewage of Shankar Colony is being disposed through septic tanks.

5. For permanent Solution, a tender for connecting 400 diameter branch sewer line with 900 diameter main sewer line has been floated. The STP at village Sarai Alawardi is at trial stage and same shall be functional by 20th Nov, 2021. The 400 diameter branch sewer line shall be connected with 900 diameter main sewer line within 30 days. Resultantly, sewage of Shankar Colony and Chandan Vihar Colony (both are approved) shall be disposed and treated through STP at village Sarai Alawardi.

6. The Sanitary Officer, MCG informed that Concessionaire (M/s Ecogreen Energy Pvt. Ltd.) of MCG is regularly collecting waste from Group Housing Society Diplomatic Greens and Chandan Vihar as well. The C&D waste dumped by unknown miscreants in open space has also been lifted and sent to C&D disposal site.

7. That solid waste is collected on daily basis from all colonies through 352 GPS enabled primary vehicles deployed within MC limits

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