Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 2099

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Arun Kumar Tyagi, Judicial Member, Afroz Ahmad, Expert Member
Ashok Kumar – Appellant
Versus
State of U.P. – Respondent
Original Application No.480/2023

Advocates:
For the Appellants/Petitioners: None
For the Respondents: Ms. Priyanka Swami|Mr. Daleep Dhyani

Uncontroverted joint committee and compliance reports on solid waste management and gaushala operations accepted; directions issued for environmental guidelines compliance and full solid waste rules adherence with monitoring.

Headnote:(A) Solid Waste Management Rules, 2016 - Garbage dumping around gaushala and mismanagement thereof - Applicant complained of garbage dumping on all sides of gaushala and sought compliance with Rules - Joint Committee inspected site finding 200 MT garbage dumped around gaushala on nagar panchayat land, no identified dump site, population approx. 24,000 generating 2.5-6.38 MT/day waste - Gaushala operational with facilities including biogas plant housing 150 unproductive cattle - Nagar panchayat installed MRF (5 MT/day capacity), hired agency for door-to-door collection, segregation, composting; removed legacy waste (approx. 1500 MT), MRF operational, land purchased for landfill - Tribunal noted lack of complete details on daily waste processing, facilities locations, but accepted reports as no objections filed - Directions issued for gaushala compliance with CPCB Guidelines for Environmental Management of Dairy Farms and Gaushalas and ICAR Manual on Management of Gaushalas; for solid waste management, compliance with Rules and directions in prior OA mandated with monitoring by PCB. (Paras 2-18)

(B) Environmental Adjudication - Acceptance of Committee Reports - No appearance for applicant at final hearing, no objections to joint committee and compliance reports - Factual averments accepted as correct, no ground to doubt or discard reports. (Para 13)

Facts of the case:
Letter petition treated as OA complaining garbage dumping around gaushala and mismanagement, seeking solid waste rules compliance - Joint Committee and nagar panchayat filed reports detailing inspection, actions including waste removal, agency hiring, MRF installation/operation, composting, legacy waste processing.

Findings of Court:
Gaushala management to comply with specified guidelines; solid waste management reports accepted subject to directions for full Rules compliance, prior OA directions, and PCB monitoring - Application disposed with no costs.

Issues: Garbage dumping around gaushala, gaushala mismanagement, nagar panchayat solid waste management compliance including daily collection/processing, legacy waste remediation, facilities operationalization.

Ratio Decidendi: Uncontroverted committee and compliance reports accepted as correct; directions issued for gaushala environmental guidelines compliance and comprehensive solid waste rules adherence with timelines, monitoring; lack of details noted but not fatal absent objections.

Result: Original application disposed.

Table of Content
1. applicant's complaint on garbage dumping and gaushala mismanagement. (Para 1 , 2)
2. tribunal constitutes joint committee for site verification. (Para 3 , 4)
3. uppcb report confirms garbage dumping around gaushala. (Para 5)
4. nagar panchayat reports actions for waste segregation and processing. (Para 6 , 8 , 11 , 12)
5. tribunal directs detailed compliance reports. (Para 7 , 9 , 10 , 13)
6. directions for gaushala environmental management compliance. (Para 14)
7. observations on solid waste management deficiencies. (Para 15)
8. application disposed with compliance directions under swm rules. (Para 16 , 17 , 18)

Judgment

PRONOUNCED BY: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JM

1. Shri Ashok Kumar s/o Late Shri Omkar Singh resident of Raja Darwaja, Parikshitgarh, Tehsil Mawana, District Meerut has sent to this Tribunal by post the present letter petition which has been treated and registered as original application (OA No.480/2023).

2. The applicant has complained about dumping of garbage on all sides of Kanha Gaushala and also mismanagement of Kanha Gaushala and sought intervention by this tribunal for ensuring compliance with Solid Waste Management Rules 2016. The relevant part of the letter petition enumerating grievances of the applicant reads as under:

3. Vide order dated 04.08.2023 this Tribunal constituted a Joint Committee comprising of Uttar Pradesh State Pollution Control Board (UPPCB); Department of Veterinary and Animal Husbandry, Meerut; and the District Magistrate (DM), Meerut with direction to verify factual position and submit factual and action taken report within two months. By the said order this Tribunal also directed issuance of notice to the EO, Nagar Panchayat, Parikshitgarh requiring him to file his action taken report/response within one month.

4. In compliance of order dated 04.08.2023, Action Taken Report has been filed by UPPCB vide email dated 06.09.2023 and Action Taken Report has also been filed by the Executive Officer, Nagar Panchayat Parikshitgarh, Meerut vide email dated 09.09.2023.

5. The relevant part of report submitted by UPPCB vide email dated 06.09.2023 reads as under:

“Action Taken Report in compliance of Order dated- 04.08.2023 passed by Hon’ble NGT in O.A. No.480/2023, Ashok Kumar Versus State of Uttar Pradesh X X X X Inspection of site and action taken report Inspection of the site was conducted on 28.08.2023 by the committee of Sub- Divisonal Magistrate, Mawana,Veterinary Officer, Parikshitgarh. Assistant Environment Engineer, UPPCB, Meerut in present of Executive Officer, Nagar Panchayat, Parikshitgarh, Meerut and shri Ashok Kumar, Applicant.

Alleged site is the land of Nagar Panchayat, Parikshitgarh, Meerut, in which 8.574 Hectare Land is in the form of ponds. On the 0.278 Hectare land Kanha Goshala, Parikshitgarh is established with boundary wall. On the 0.164 Hectare land garbage being dumped by Nagar Panchayat. Nagar Panchayat, Parikshitgarh has no identified dump site for garbage dumping. It is informed by the Executive Officer that earlier garbage was dumped on a different site which has been stopped after the protest of Ramleela Committee, Parikshitgarh. Estimated population of the Nagar Panchayat is approx.24000.

Kanha Gaushala, Parikshitgarh, Meerut

Kanha Gaushala is established by Nagar Panchayat, Parikshitgarh in 2020.Gauhala is well equipped and is in operation by the organised way. Total area of the Gaushala is 0.278 Hectare is under the boundary wall. Covered area of Cattle shade is approx. 800 Sq.Mtr. Straw store, grass cutting machine, electricity, Solar Panel and 02 no. of Tubewells (02 & 15 Hp) are installed. Biogas Plant of 45 Cubic Mtr. capacity is installed. 05 KVA Gas Genset installed. 150 unproductive cattle are kept in this gaushala. Total 06 (04 for the day and 02 for the night) care takers have been deployed. Gaushala is being supervised by Veterinary Officer, Parikshitgarh. Veterinary Officer informed that since starting only 01 Cow was died due to Bloat

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2024 Supreme(Online)(NGT) 2099

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)Arun Kumar Tyagi, Judicial Member, Afroz Ahmad, Expert MemberAshok Kumar – AppellantVersusState of U.P. – RespondentOriginal Application No.480/2023

Uncontroverted joint committee and compliance reports on solid waste management and gaushala operations accepted; directions issued for environmental guidelines compliance and full solid waste rules adherence with monitoring.

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Arun Kumar Tyagi, Judicial Member, Afroz Ahmad, Expert Member
Ashok Kumar – Appellant
Versus
State of U.P. – Respondent
Original Application No.480/2023