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2022 Supreme(Online)(NGT) 17

Item No. 04 (Court No. 1)

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI (By Video Conferencing)

M. A. No. 61/2021 IN Original Application No. 588/2019 (With report dated 09.11.2021)

Hem Singh Yog, Social Worker, Pt.

Deendayal Upadhyay Vichar Manch Applicant Versus State of Uttar Pradesh Respondent Date of hearing: 05.01.2022 CORAM: HON(cid:146)BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON(cid:146)BLE DR. NAGIN NANDA, EXPERT MEMBER Respondent: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB

ORDER

1. This application seeks execution of order dated 04.03.2021 in OA 588/2019, Hem Singh Yog, Social Worker, Pt. Deendayal Upadhyay Vichar Manch v. State of Uttar Pradesh on the issue of remedying unscientific legacy waste dumped near Nagla Kolhu in Mathura Municipal Council/TTZ area. Prayer in the original application is also for remedying pollution from other sources and activities of producing fuel from the plastic, affecting about 1.25 lakh inhabitants.

2. The Tribunal disposed of OA No. 588/2019 in the light of earlier order dated 21.01.2021 in OA No. 136/2015, Madhumangal Shukla & Ors. v. Nagar Palika Parishad, Vrindavan & Ors. which also involved similar issue at same place. Reference to order dated 21.01.2021 shows that the matter was monitored by this Tribunal for more than five years. Oversight Committee, constituted by this Tribunal in the State of UP for compliance of directions of this Tribunal, reported that adequate action was not being taken for handling the waste which was adversely affecting the inhabitants. The report of the Oversight Committee reproduced in the said order is extracted below for ready reference:

(cid:147)OBSERVATIONS OF THE OVERSIGHT COMMITTEE  The Committee noticed that treatment of Legacy Waste through Bio-Remediation was started on 6th Feb., 2020 and legacy waste of 11259 MT was disposed by Municipal Corporation, Mathura-Vrindavan through bio mining and bio remediation on 24th June, 2020. The compliance report regarding this has been sent to the Oversight Committee on 05.01.2021. Presently, remediation of legacy waste at Maant Road site is complete and now no waste is present.

 The Committee observed that the MSW Treatment Facility at Nagla Kolhu, Mathura is not being properly utilised. In view of this, the repair of the said leachate drains and tank has been completed with an amount of Rs. 20.98 lakhs from the funds made available under 14th Finance Commission. The work of arranging a permanent pipeline is to be done as directed by the Committee. The two proposals for the above work are as follows:

i. Through pumpset, the leachate drain is connected to the nearest sewer line.

ii. For cleaning the leachate tank at the plant, it should be done by suction machine, leachate should be transported to STP for treatment by the suction machine itself. (Appendix VIII).

 It was also found that five trenches at Vrindavan are of RCC structure and there is no possibility of waste/leachate polluting the ground soil or ground water. Photographs of two empty trenches have been annexed and regarding other three empty trenches it was informed that the same have been filled and the land has been reclaimed so that the it may be utilized for some more useful purpose for betterment of environment.

 The present processing capacity of Nagla Kolhu processing plant is 180 TPD which is just enough to cater to the day-to-day processing of Mathura Solid Waste. Already 1.80 lakh tons of legacy waste is lying untreated at Nagla Kolhu. In this regard, in the earlier meeting dated 06.07.2020, the Committee had stated that the shifting of Vrindavan solid waste from Maant Road to Nagla Kolhu waste site would be meaningful only if biowaste remediation of Legacy waste is being done at the later site. For the disposal of Legacy waste Urban Development Department, Uttar Pradesh has hired an agency M/S Blackberry Overseas Pvt. Ltd. Municipal Corporation has issued LOI to M/S Blackberry Overseas Pvt. Ltd. to initiate work for the treatment of legacy waste. Hired agency has started conducting survey to initiate process of treatment of legacy waste.

 The Committee was informed that already tenders for bio remediation for a few legacy waste sites including Nagla Kolhu are pending for finalization at Govt level. The Committee directs that bio waste remediation should start in Nagla Kolhu in 3 months time failing which a penalty of Rs 5 crores be imposed on U.P. Government.

 The Committee also found that Municipal Corporation, Mat

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