ORDER

1. This application has been moved by the Municipal Corporation Greater Mumbai in pursuance of observations of the Hon(cid:146)ble Supreme Court dated 25.10.2021 in Civil Appeal No. 12122-12123 of 2018, Municipal Corporation of Gr. Mumbai v. Ankita Sinha & Ors. with the prayer to (cid:147)dispose of the O. A. No.510/2018 keeping in view the fact that the same issue is being continuously monitored by the Hon(cid:146)ble Bombay High Court in PIL No. 217 of 2009, since 2009, and several orders have been passed in relation to dumping of waste in Deonar dumping ground as also in relation to compliance of SWM Rules(cid:148).

2. We have heard Shri Atmaram N.S. Nadkarni, Senior Advocate in support of the application and perused the record.

3. The Tribunal initiated suo motu proceedings in O. A. No. 510/2018 based on article titled (cid:147)Garbage Gangs of Deonar: The Kingpins and Their Multi-Crore Trade(cid:148) dated 04th August, 2018, https://www.thequint.com, to the effect that illegal dumping of the garbage at Deonar in Mumbai Solid Waste Management Rules, 2016 is resulting in massive fires, adversely affecting the environment and the public health.

4. The Tribunal, vide order dated 07.08.2018, directed joint inspection by a four-member Committee of CPCB, State PCB, District Collector and Municipal Corporation of Greater Mumbai and preparation of an action plan for remediation of legacy waste. Thereafter, vide order dated 30.10.2018, after considering the inspection report filed by the said Committee that dumping of waste was taking place in haphazard manner due to serious failure on the part of Municipal Corporation of Greater Mumbai, the Tribunal required payment of Environmental Compensation to be deposited with the CPCB on (cid:145)Polluter Pays(cid:146) principle. Further order dated 21.12.2018 was passed in light of report dated 19.10.2018 filed by the Municipal Corporation of Greater Mumbai giving proposal for remedial action in future. It was directed that the proposed action was beyond statutory timelines and having regard to the past violations, performance guarantee was required to be furnished. Observations of the Hon(cid:146)ble Supreme Court giving liberty to the applicant Corporation are in appeal against the said orders of the NGT.

5. Contention in the I.A. is that the Tribunal may not deal with the matter as the issue is pending consideration before the Bombay High Court in PIL No. 217 of 2009, Municipal Corporation of Greater Mumbai vs. Shri Pandurang Patil & Anr. wherein the Hon(cid:146)ble High Court has been pleased to pass orders from time to time for compliance of SWM Rules as well as for closure of Deonar Dumping Ground, including orders dated 02.04.2013 and 26/29.02.2019. The matter is pending before the Hon(cid:146)ble Supreme Court in Special Leave Petition No. 23708 of 2017 against the order of the High Court.

6. On due consideration, we are of the view that the prayer in the application cannot be granted in view of earlier binding orders of the Hon(cid:146)ble Supreme Court dated 02.09.2014 in Writ Petition No. 888/1996, Almitra H. Patel Vs. Union of India & Ors. specifically requiring this Tribunal to deal with the issue of Solid Waste Management. The direction is reproduced below:-

(cid:147)Enforcement of the Rules and efforts to upgrade the technology relevant to the handling of solid municipal waste is a perennial challenge and would require constant efforts and monitoring with a view to making the municipal authorities concerned accountable, taking note of dereliction, if any, issuing suitable directions consistent with the said Rules and direction incidental to the purpose underlying the Rules such as upgradation of technology wherever possible. All these matters can, in our opinion, be best left to be handled by the National Green Tribunal established under the National Green Tribunal Act, 2010. The Tribunal, it is common ground, is not only equipped with the necessary expertise to examine and