ORDER

1. This order is being passed in continuation of order dated 23.03.2020. The issue for consideration is the disposal of (cid:145)legacy(cid:146) waste dumped at Bhalswa, Ghazipur and Okhla dumpsites in Delhi where huge garbage has accumulated over the period of time, adversely impacting public health and the environment, requiring emergent, scientific and environmentally safe disposal, as per applicable rules.

2. We may note the earlier proceedings in the matter. O.A. No. 519/2019 was taken up in view of a news item published in (cid:147)The Times of India(cid:148) authored by Mr. Jasjeev Gandhiok & Paras Singh and titled (cid:147)Below Mountains of Trash lies Poison Lakes(cid:148) reporting that the said dumpsites were resulting in huge water contamination. The same were not being scientifically managed. The leachate was getting discharged into soil and also slipping to the River Yamuna, affecting its water quality. Accumulation of huge waste at the said sites posed a serious danger to the environment, life and public health in the area. The Solid Waste Management Rules, 2016 (SWM Rules) lay down statutory mandate for the manner of disposal of such old dumpsites but the same was not being done. Vide order dated 30.05.2019, this Tribunal directed North, East and South Delhi Municipal Corporations to furnish their respective action taken reports. The Commissioners of the said Municipal Corporations were required to remain present in person.

3. The matter was then considered vide order dated 17.07.2019. It was observed:-

(cid:147)(cid:133)(cid:133)(cid:133)5. The action taken report of the North Delhi Municipal Corporation (North MCD) is that detailed project report (DPR) has been prepared on 08.03.2019 which has three options. One of the options is (cid:147)leaving the site as it is(cid:148), which is completely out of question. Second option, bio-mining for 8.8 million cubic meter waste which is said to require a period of 15 years and cost of Rs. 1178 crores. The third option is of capping. Clause-J of Schedule-I of the SWM Rules provides for reduction of waste by bio-mining and waste processing followed by placement of residues in new landfills or capping with appropriate measures. According to the Commissioner of North MCD, closure and capping of the dumpsites, without bio- mining/bio-remediation is a better option to save money and to protect environment. The report relies upon a review of the DPR by a professor from the IIT, Delhi with regard to Bhalswa landfill.

6. According to the report dated 09.07.2017 of East Delhi Municipal Corporation (EDMC), it is stated that there was a proposal to utilize the inert material as filling material in the widening of national highways. Some of the dumpsite gas has been extracted and flared in association with GAIL. A pilot project was conducted for bioremediation of 100 TPD for both fresh and legacy waste. Experts were consulted in regard to slope stabilization and treatment of leachate. EDMC has started decentralized waste management processes with the help of urban development fund from the Govt. of India to the tune of Rs. 70 Crores.

7. The Counsel appearing for South Delhi Municipal Corporation (SDMC) has handed over, during the hearing, their copy of action taken report. According to the action taken report furnished by the SDMC, it consulted experts and executed some work of sterilizing the legacy waste at Okhla Phase-I.

8. In O.A. No. 386/2019, the grievance raised was that unscientific capping process of the Bhalswa legacy waste dumpsites was against the SWM Rules and not conducive to the environment. This Tribunal, vide order dated 04.04.2019, sought opinion from a Committee comprising CPCB and Dr. G.K. Pandey, former Expert Member of this Tribunal, who is known to have expertise in the subject. Report dated 31.05.2019 has been submitted by the said Committee after visit to the Bhalswa site, visit to Bawana Waste Processing Plant and meeting with the North Delhi MC officers.