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2024 Supreme(Online)(NGT) 1150
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Khildev Singh Rawat – Appellant
Versus
State of Uttarakhand – Respondent
Original Application No.225/2024
For the Appellants/Petitioners: None
For the Respondents: Mr. MukeshVerma, Ms. VatsalaTripathi, Mr. Kamal Kumar Pandey, Mr. Surendra Kumar
Proposed solid waste site complies with SWM Rules, 2016 siting criteria; no interference warranted pending EC compliance.
Headnote:The complaint alleged violation of siting criteria under Solid Waste Management Rules, 2016 (SWM Rules), for a proposed Solid Waste Disposal Centre near Pindar river, within 100 meters, risking leachate discharge and environmental damage. NGT Act, 2010 Ss.14, 15 invoked suo motu. Joint Committee report confirmed site at Dimmat complies with distances: Pindar River 0.14 km, no ponds, outside flood plains. Court found prima facie no violation of Schedule I(A)(vii) siting criteria. Issues framed on environmental compliance and siting norms. Ratio: Site meets SWM Rules distances (100m from river, 200m from highways/habitations); exceptions allowed for airports with NOC. No construction commenced; EC process ongoing with public hearing completed. Land scarcity at river confluence justified selection after deliberations. Application disposed of with directions to comply with all SWM Rules requirements, obtain Consents, Clearances, and NOCs before proceeding.
| Table of Content |
|---|
| 1. suo motu oa on alleged swm siting violation near river. (Para 1 , 2 , 3) |
| 2. joint committee verifies site compliance with distances. (Para 4 , 5 , 6 , 7) |
| 3. respondent affirms swm rules conformity, ec process ongoing. (Para 8 , 9 , 10 , 11) |
| 4. no violation found; dispose with compliance directions. (Para 12 , 13 , 14) |
ORDER
1. Khildev Singh Rawat and Mahipal Singh, Adyaksh and Mahamantri, respectively of Kapiri Vikas Sangharsh Simiti sent a letter dated 13.08.2023 whereupon this Original Application was registered in exercise of suo-moto jurisdiction in view of law laid by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401, under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’).
2. Complainants have said that Nagar Palika Parishad, Karanprayag, District Chamoli, a local body, is establishing a Solid Waste Disposal Centre at a motorable road of Movani Ghadere (springs) at Karanprayag Nanisain Road in utter violation of siting criteria provided in environmental laws; site is just about 100 meters from Pindar river and entire leachate will get discharged in the said river polluting the same. The site is also in rural area and likely to cause environmental damage and health hazard to local residents.
3. Cognizance was taken by Tribunal on 09.05.2024 and after being prima-facie satisfied that a substantial question relating to environment out of implementation of enactments specified in Schedule 1 of NGT Act, 2010 has arisen, Tribunal proceeded to implead following as respondents:
(i) State of Uttarakhand through Principal Secretary, Urban Development, Government of Uttarakhand,
(ii) Member Secretary, Uttarakhand Pollution Control Board and, (iii) District Magistrate, Chamoli, Uttarakhand.
4. Notices were issued to respondents requiring them to file their responses.
5. Tribunal also found it appropriate to obtain a factual report and constituted a Joint Committee comprisingrepresentatives of Integrated Regional Office, MoEF&CC, Dehradun, Uttarakhand Pollution Control Board and; and, District Magistrate, Chamoli, Uttarakhand.
6. Pursuant to above order dated 09.05.2024, an inspection Report dated 29.06.2024 has been filed by Joint Committee stating that District Magistrate, Chamoli, for Solid Waste Management, has allotted land measuring 0.400 hectares at Khata No. 46, Khasra No. 1342, with a total area of 5.504 hectares Simli, Village Dimmat. The distances from various sites, given in the report are as under:
| S. N. | Criteria | Criteria Distance | Available Distance and Direction from proposed SLF site | |||
| 1. | Distance from nearest River | 100 meters | Pinder River 0.14 km in S direction Alaknanda River 2.2 km in NNW direction | |||
| 2. | Distance from nearest pond | 200 meter | No pond near site | |||
| 3. | Flood Plain | No landfill shall be constructed within a 100- year flood plain | None | |||
| 4. | distance from nearest Highway (NH) | 200 meters | NH 109-0.2 km in S direction Badrinath Highway NH-7.16 km in NNW direction | |||
| 5. | Distance from nearest habitation | 200 meters | Tauli Daduli Villages 0.35 km in S direction | |||
| 6. | Distance from nearest Public Parks | 200 meters | No park available | |||
| 7. | Distance from nearest water supply wells | 200 meters | No water supply well available | |||
| 8. | Critical Habitat Area | No landfill within the Critical habitat area. It is defined as the area in which 1 or more endangered species live. | No critical habitat exists in study area. | |||
| 9. | Distance from nearest strip/Airports. Airbase | 10 km. 20 km | Gauchar Austrip 7.50 in WNW direction | |||
| 10. | Coastal Regulation Zone (CRZ) | Should not be sited | Not applicable |
7. Report further says that for construction of Solid Waste Collection Center, tender process has been started and after taking all necessary steps in accordance with the rules, further action shall be taken but, presently no construction work has commenced, and an application for grant of prior Environmental Clearance (hereinafter referred to as ‘EC’) has been submitted. Observations made in the Joint Commit
