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2024 Supreme(Online)(NGT) 628
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Haripriya Patel – Appellant
Versus
Department of Environment and Forest, Government of Odisha, through its Principal Secretary – Respondent
Original Application No.21/2024/EZ
For the Applicant(s): Haripriya Patel, in person (in Virtual Mode)
For the Respondent(s):Papiya Banerjee Bihani, Advocate for R-2 (in Virtual Mode), Dipanjan Ghosh, Advocate for R-3, Rajib Ray, Advocate for R-4
NGT directs strict timelines for legacy waste processing by 31.03.2026 and additional MRF facilities by 31.12.2024, disposing suo-motu application after verifying improvements in decentralized waste management and biomining efforts.
Headnote:(A) Solid Waste Management Rules, 2016 - National Green Tribunal - Suo-motu proceedings on garbage dump causing stench and health hazard near educational institutions - Fact-finding committee report verifies legacy waste accumulation at temporary transit station, recommends infrastructure improvements and capacity enhancement - Tribunal directs completion of legacy waste processing by 31.03.2026, establishment of additional processing facilities by 31.12.2024, with compliance affidavits - Application disposed of noting steps taken and proposed for scientific waste management including composting, RDF co-processing, and future bio-methanation plants. (Paras 10, 17, 19)
(B) Environmental Compliance - Waste processing infrastructure - Modification of civil designs for leachate collection using garland drains, quick disposal of RDF, monthly performance monitoring by pollution control board, emergency plans for monsoon waste surges - Promotion of circular economy through compost sales and recyclables revenue. (Paras 8, 10)
Facts of the case:
Suo-motu original application initiated on news report highlighting 54,000 tonnes garbage dump at temporary transit station near schools causing odour issues; city generates 800 TPD waste exceeding processing capacity; committee finds higher legacy waste (1,01,165 MT), distances to schools greater than alleged, ongoing biomining and processing; BMC reports decentralized model with composting centres, MRFs handling 290 TPD, TTS 510 TPD, future plans for increased capacity.
Findings of Court:
Legacy waste processing at old dumpsite to complete by 31.03.2026; semi-automatic MRFs (15+150 TPD) by 31.12.2024; legacy waste at TTS reduced to 3405 MT and processed; daily waste handled via windrow composting and RDF co-processing; infrastructure modifications and monitoring directed.
Issues: Verification of garbage dump allegations, adequacy of waste management infrastructure, timelines for legacy waste clearance and capacity augmentation, compliance with sitting criteria and environmental safeguards.
Ratio Decidendi: Tribunal accepts committee findings showing improvements in waste processing, imposes strict timelines for legacy waste remediation and facility upgrades to ensure scientific disposal, emphasizing continuous monitoring and emergency preparedness for sustainable urban waste management.
Result: Original Application disposed of with directions.
| Table of Content |
|---|
| 1. bmc manages 800 tpd waste via decentralized centers (Para 1 , 12 , 14 , 15 , 16) |
| 2. garbage dump at tts causes health hazards near schools (Para 3 , 4 , 5 , 6 , 7) |
| 3. committee verifies legacy waste and distances from schools (Para 8 , 9 , 10) |
| 4. future waste capacity enhancements planned by bmc (Para 11 , 17) |
| 5. application disposed with compliance timelines directed (Para 18 , 19 , 20 , 21) |
ORDER
1. Affidavit dated 06.06.2024 has been filed by the Respondent No.4, Bhubaneswar Municipal Corporation; the same is taken on record.
2. The Applicant, Smt. Haripriya Patel, who is appearing in person, is connected through the Virtual Mode but is not responding to any of our queries.
3. The Original Application was taken up suo-motu on a complaint submitted by one Smt. Haripriya Patel, stated to be residing at 106, Lumbini Enclave Chandrasekharpur near Care Hospital, Bhubaneswar – 751021, Odisha, bringing to the notice of the Tribunal an article published in ‘the Times of India’ on 15.12.2023 under the heading “Stench from garbage dump at TTS a health hazard: Experts”.
4. The news article has been placed on record which mentions that there is a huge garbage dump at Temporary Transit Station (TTS) of Bhubaneswar Municipal Corporation near Sainik School. The article further mentions that there is at least 54,000 tonnes of garbage deposited at the site in question. The handling capacity of waste of Bhubaneswar city is 300 tonnes per day whereas the city now generates about 700 tonnes of waste which during monsoon crosses 800 tonne mark.
5. In the article, it is stated that 36 Micro Composting Centers (MCCs)
and 22 Material Recovery Facilities (MRF) have been installed for processing 250-300 tonnes of dry and wet waste at ward level through door-to-door collection for which the Bhubaneswar Municipal Corporation has roped in seven NGOs with a fleet of 400 vehicles.
6. It is stated that the rest of the waste is mixed garbage mostly dumped by bulk waste generators at random places and collected by private agencies engaged in bringing it to the TTS near Sainik School. It is also alleged that the bulk waste is generated mostly by hotels, eateries, commercial buildings and industries as well as apartments which do not follow the BMC’s norms of waste segregation and garbage handover norms.
7. It is further stated that the windows of Sainik School and Kendriya Vidyalaya have to be kept closed to protect students from the smell and odour and ill-effects of the garbage dumping site which is located less than 100 meters away in violation of the Siting Criteria.
8. Affidavit dated 30.03.2024 has been filed by the Respondent No.2, Odisha State Pollution Control Board and along with this affidavit an Inspection Report of the Committee constituted by the Tribunal has been filed. The Inspection Report reads as under:
“REPORT OF THE COMMITTEE BEFORE THE HON‟BLE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA IN THE MATTER OF ORIGINAL APPLICATION NO.21/2024/EZ
1. Background:
The present Original Application is being taken up suo-motu on a complaint submitted by one Smt. Haripriya Patel stated to be residing at 106, Lumbini Enclave Chandrasekharpur near Care Hospital, Bhubaneswar – 751021, Odisha, bringing to the notice of the Tribunal an article published in „the Times of India‟ on 15.12.2023 under the heading “Stench from garbage dump at TTS a health hazard: Experts”, Hon‟ble NGT has passed an order on 31.01.2024, the relevant portion of which is reproduced as under:
“In order to elicit the veracity of the allegations made, we deem it appropriate to constitute a fact-finding Committee comprising of the following Members:-
i. Senior Scientist, Odisha State Pollution Control Board, ii. Senior Scientist, Central Pollution Control Board, and iii. Senior Scientist/Environmentalist, Bhubaneswar Municipal Corporation, Bhubaneswar The Committee shall inspect the site in question and submit its Report within four weeks on affidavit regarding the allegations m
