Back
2024 Supreme(Online)(NGT) 1976
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 – Respondent
Original Application No.21/2024/EZ
For the Applicant(s): Haripriya Patel, in person
For the Respondent(s): Papiya Banerjee Bihani, Dipanjan Ghosh, Rajib Ray
NGT disposed suo-motu waste management application upon verifying processing of legacy waste, decentralized facilities handling daily generation, and time-bound biomining plans, issuing compliance directives without further adjudication.
Headnote:(A) Solid Waste Management Rules, 2016 - National Green Tribunal - Suo-motu proceedings initiated on news report alleging health hazards from garbage dump at Temporary Transit Station violating siting criteria - Fact-finding Committee constituted comprising representatives from State Pollution Control Board, Central Pollution Control Board, and Municipal Corporation - Committee inspected site, assessed waste generation (800 TPD), processing through decentralized Micro Composting Centres and Material Recovery Facilities (290 TPD at ward level, 510 TPD at TTS), legacy waste management via biomining and co-processing as RDF in cement kilns - Legacy waste at TTS estimated 1,01,165 MT as on 05.11.2023 (processed 1,32,950 MT subsequently, RDF stockpile 56,065 MT pending dispatch); at old dumpsite 16 lakh MT targeted for biomining completion by 31.03.2026 - Committee noted improvements including machinery installation, odour control, PPE usage, but recommended leachate management via garland drains - Municipal Corporation affirmed no further legacy accumulation, daily processing via windrow composting, future capacity augmentation (MRF 165 TPD, Bio-methanation 200 TPD, etc.) - Tribunal directed completion of legacy waste processing by 31.03.2026 with compliance affidavit by 30.04.2026; establishment of additional MRFs by 31.12.2024 with affidavit by 31.01.2025 - Application disposed as steps adequate. (Paras 3-19)
Facts of the case:
Suo-motu Original Application taken on news article highlighting stench from garbage dump near schools, 54,000 tonnes legacy waste, excess generation (700-800 TPD) beyond handling capacity (300 TPD), non-compliance by bulk generators - Committee verified higher legacy quantum, distances (208m to one school, 1578m to another), ongoing processing, decentralized model with SHGs, NGOs, composting ('Mo Khata' sales), recyclables revenue, biomining progress.
Findings of Court:
Municipal Corporation demonstrated effective waste management; legacy waste processing advanced; infrastructure enhancements underway - No further adjudication required post directions.
Issues: Verification of allegations on garbage dump hazards, legacy waste quantum and clearance timelines, compliance with waste processing norms, future capacity for projected 1200-1300 TPD generation.
Ratio Decidendi: Where authorities demonstrate substantial compliance with waste management rules through processing infrastructure, site improvements, and time-bound remediation plans, Tribunal closes proceedings with monitoring directions, prioritizing scientific disposal over continued litigation.
Result: Original Application disposed of.
| Table of Content |
|---|
| 1. garbage dump at tts creates health hazards near schools. (Para 3 , 4 , 5 , 6 , 7) |
| 2. legacy waste at tts exceeds newspaper reports; processing underway. (Para 8 , 9 , 10) |
| 3. court directs timelines for legacy waste and capacity enhancement. (Para 11 , 17) |
| 4. bmc manages 800 tpd waste via decentralized centers and tts. (Para 12 , 14 , 15 , 16) |
| 5. application disposed with compliance directions; no further adjudication. (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 f
