ORDER

1. This Original Application (hereinafter referred to as ‘OA’) under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been filed by Mr. Sarthak Tomar, an advocate and an environmentalist who is concerned with protection of environment alleging that in Mandideep Industrial area, District Raisen in the State of Madhya Pradesh huge quantity of municipal solid waste has been dumped in an unscientific, illegal manner in utter violation of the provisions of Solid Waste Management Rules, 2016 (hereinafter referred to as ‘SWM Rules, 2016’) by Mandideep Municipal Council who is a local body responsible for its management, processing and disposal. The said solid waste comprises plastic and glass fiber, electronic waste, commercial and vegetable waste, industrial waste and processing products, dead bodies of animals and residential solid waste including hazardous domestic waste. It has potential to cause environmental and health risk causing Mircro-plastics emissions; Leaching of rainwater polluting the ground and surface water; Runoff contamination of surface and ground water of adjoining farms and River Kaliyasot and River Betwa downhill; gradual and steady Methane emissions; emissions of NO2, SO2, CO, H2S, NH3 and volitile organic compounds (VOCs) from unregulated burning of the dumped waste; insect, animal vectors and pest infestation in and around the trenching area; increasing likelihood of fly-breeding and rodent infestation and in absence of fences and fire safety mechanisms there is a risk of accidental fire which may affect even the gas pipeline underneath.

2. Earlier also this issue was brought to the notice of this Tribunal in OA 162 of 2014(CZ), Dr. Subhash C. Pandey Vs. Union of India & Ors. which was disposed of finally by order dated 17.10.2016. Tribunal considered pleadings filed before it wherein it was shown that the issue of municipal solid waste would be taken up by authorities concerned after finalization of allotment of land for land fill site to deal with municipal solid waste at Mandideep as also for checking the pollution in River Betwa and Kaliyasot at Mandideep.

3. It was also said that construction of five STPs has started. Tribunal, in the above circumstances observed that no further order is required to be issued. OA was disposed of by above order dated 17.10.2016.

4. It appears that concerned authorities relived themselves by above disposal of OA without any further direction and did not take any further action in the matter showing no progress at all. Even today, the municipal waste is being dumped in similar manner causing pollution as complained by applicant in OA.

5. Tribunal considered the complaint in its order dated 17.11.2022 and found it appropriate to obtain a factual report by constituting a Joint Committee comprising District Collector, Raisen or his representative; Chief Municipal Officer, Mandideep Municiapl Council, Mandideep or his representative and one representative from Madhya Pradesh Pollution Control Board (hereinafter referred to as ‘MPPCB’).

6. Committee visited site on 15.12.2022 and submitted report to the Tribunal on 18.12.2022 confirming complaint of applicant that solid waste of Mandideep industrial area is continuously being dumped unscientifically in an open land and even arrangement for segregation of waste and sanitary landfills are not adequate. Chief Municipal Officer, Municipal Council Mandideep sent a letter dated 28.11.2022 to Collector, Raisen for allotment of land for making it an authorized land fill but no such land was made available. The observation, conclusions and recommendations of Joint Committee, mentioned in report, are as under:

“Observations:

1. GPS location of the dumping site of Municipal Council Mandideep, District Raisen has been recorded using a mobile-based OPs application. The google map of the site and photographs taken during the inspection are enclosed as Annexure-01. The geographical coordina