SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(NGT) 2203

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Chinmaya Das – Appellant
Versus
State of Odisha – Respondent
Miscellaneous Application No.29/2023/EZ|Original Application No.51/2023/EZ



Advocates:
For the Applicant(s): Suo Motu
For the Respondent(s): Mr. Ashok Prasad, Mr. Partha Sarathi Nayak, Mr. Rajib Ray, Ms. Papiya Banerjee Bihani

Dumping sites must use impermeable barriers to prevent leachate contamination of groundwater; strict compliance with waste remediation timelines enforced.

Headnote:The Original Application sought directions to prevent waste burning and ensure proper disposal of plastic wastes at Baliapanda dumping site near Puri Sea Beach, citing pollution from burning municipal waste. Court previously directed shifting of unauthorized colonies, groundwater study by CGWB, CCTV installation, boundary wall construction, foul odour control, and legacy waste remediation by 31.12.2025 under Environment (Protection) Act, 1986. CGWB report confirmed nitrate and PAH contamination from leachates, recommending impermeable barriers. Issues framed included compliance with prior directions on groundwater contamination, waste management, encroachment removal, and bio-mining timelines. Ratio emphasized isolating dumpsite from aquifer via impermeable layers, sealing contaminated borewells, enforcing zero groundwater reliance, and expeditious bio-mining, with PCB oversight for verification. Tribunal directed completion of boundary wall, bio-mining of remaining legacy waste by 31.05.2025, ATRs by 15.07.2025, and PCB site inspection reports; I.As. disposed of with no costs.

Table of Content
1. review of prior directions on waste management. (Para 1 , 2)
2. groundwater contaminated by dump leachates. (Para 3 , 4)
3. encroachment removal and relocation efforts. (Para 5 , 6 , 11 , 12 , 13 , 14 , 15 , 16 , 19)
4. progress on cctv, bio-mining, boundary wall. (Para 7 , 8 , 9 , 10 , 17 , 18)
5. final compliance directions and closure. (Para 20 , 21 , 22 , 23)

ORDER

1. The Original Application No.51/2023/EZ was filed by the Applicant therein seeking a direction to the State Authorities to prevent burning of waste and for taking steps for proper disposal/recycling of plastic and polythene wastes. The allegation further was that within the jurisdiction of the Puri Municipality, there is a dumping area known as Baliapanda dumping area which is situated just about 50-100 meters away from Puri Sea Beach. It was stated that the said dumping area is used as Material Recovery Facility and there are about nine Micro Composting Centers. It was further alleged that large amount of municipal waste of Puri town is dumped on this land to be used as compost. However, waste is being burnt thereby completely polluting the nearby areas of Balisahi, Gourbat Sahi, Swargadwar and Baliapanda.

2. The said Original Application was disposed of by this Tribunal vide its order dated 12.07.2023 with the following directions:-

“9. Thus, from the affidavit of the Executive Officer, Puri, and the Collector, Puri, we find that though steps are being taken by the Puri Municipality, towards protection of the environment and treatment of the waste at the dumping site, matter relating to unauthorized colonies close to the dumping site needs to be addressed.

A direction is, therefore, issued to Puri Municipality, to take steps for shifting the said unauthorized colony from the vicinity of the dumping site to some other place in accordance with law in order to curb incidents of persons throwing burning cigarettes or other inflammable material into the dumping site leading to fires. The Puri Municipality, is also directed to install CCTV Cameras covering the entire dumping site within three months to check unauthorized entry of vagrants and others into the dumping site and if such persons are found near the dumping site or starting fires, criminal action shall be immediately taken against such persons.

10. The Inspection Report also mentions that survey by the Central Ground Water Board (CGWA), needs to be carried out to ascertain incidents of contamination of ground water.

We, therefore, direct the Central Ground Water Board, Bhubaneswar, to take immediate steps to carry out study/survey of the ground water in the area within two months to ascertain if there is any contamination due to the existence of the dumping site and if the same is found remedial action shall immediately be suggested to the Odisha State Pollution Control Board and other State authorities for implementation of action to prevent such contamination.

11. We find that though the Central Ground Water Board, Bhubaneswar, has been deleted from the array of Respondents by the order of the Tribunal dated 15.05.2023 but in view of the observations in the Inspection Report, we are issuing the above directions to the Central Ground Water Board.

12. We are issuing this direction to the Central Ground Water Board even though in the Inspection Report, it is mentioned that Odisha Coastal Zone Management Authority (‘OCZMA’ for short) is taking care of Sweet Water Zone and that drawl of ground water is prohibited in CRZ-II area of Puri, in pursuance of the order issued by the OCZMA on 16.09.2017 under Section 5 of the Environment (Protection) Act, 1986. Since the Report also mentions that the “Drink from Tap” Scheme has been implemented in Puri town and more than 32000 households have benefitted through piped water supply and the number is still growing, there is no need for exploitation of ground water.

We, therefore, direct the Central Ground Water Board, to ensure that Puri town achieves zero relian

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top