Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 2273

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Davinder Pal Singh – Appellant
Versus
State of Punjab – Respondent
Original Application No. 434/2023

Advocates:
For the Appellants/Petitioners: None
For the Respondents: Mr. Sanchar Anand, Mr. Aaditya Dachalwal, Mr. Naginder Benipal, Mr. Ankit Siwach

NGT mandates time-bound compliance for solid waste dump site fire prevention, legacy waste bioremediation, daily waste processing, and environmental compensation under SWM Rules, 2016, via risk assessments and infrastructure upgrades.

Headnote:(A) Solid Waste Management Rules, 2016 - Environment (Protection) Act, 1986 - Section 5 - National Green Tribunal Act - Suo motu jurisdiction - Fires at solid waste dump sites due to methane production and decomposition - Violation of ban on open burning and bulk waste burning - Directions issued for comprehensive risk assessment, on-site emergency plans, methane detectors, fire control measures, fencing, CCTV, piezometers, leachate treatment, weigh bridges, and legacy waste bioremediation - Environmental compensation imposed for non-compliance, with balance payment directed - Daily waste processing gap to be addressed by enhancing capacity. (Paras 2, 7, 10, 12, 15, 23)

(B) Waste Management - Legacy waste remediation - Bio-remediation of dumpsites - Prohibition on fresh waste dumping at remediation sites - Processing of wet and dry waste through composting, biogas, recycling - Tenders for plants and remediation - Compliance reports required. (Paras 11, 20, 22)

Facts of the case:
Suo motu Original Application initiated on letter complaint alleging violations of Solid Waste Management Rules, 2016 at municipal solid waste dump site, including recurrent fires affecting nearby residents, open burning, non-remediation of legacy waste, and inadequate safety measures. Joint Committee inspected site, noted partial reclamation, mixed waste dumping, non-functional leachate treatment, inadequate fencing and plantation. Reports detailed progress on interim measures but ongoing gaps in compliance.

Findings of Court:
Municipal authorities directed to complete risk assessment, emergency plans, fire safety infrastructure, fencing, CCTV connectivity, piezometers, weigh bridge, leachate ETP operationalization, authorization, security, and full legacy waste bioremediation by 31.12.2024, with processing of daily waste generation ensured. Compliance report to be filed by 15.01.2025.

Issues: Whether violations of Solid Waste Management Rules, 2016 established at dump site; adequacy of fire prevention and emergency measures; timelines for legacy waste remediation and daily waste processing; enforcement of environmental compensation.

Ratio Decidendi: Tribunal, exercising suo motu jurisdiction, mandates time-bound compliance with CPCB/PPCB directions and Joint Committee recommendations for dump site management, emphasizing prevention of fires through risk assessment, monitoring, and infrastructure, alongside full remediation and processing capacity augmentation to enforce environmental laws. (Paras 3, 12, 23)

Result: Original Application disposed of with directions.

Table of Content
1. suo-moto oa on mcp waste burning violations (Para 1 , 2 , 3 , 4)
2. cpcb/ppcb directions for swm compliance and fire prevention (Para 5 , 7 , 8 , 9)
3. joint committee site observations and mcp explanations (Para 10 , 11)
4. committee recommendations and tribunal impleadment (Para 12 , 13 , 14)
5. ppcb/dm/mcp compliance actions and hearings (Para 15 , 16 , 17)
6. waste processing gaps and remediation tenders (Para 18 , 19 , 20 , 21)
7. directions for remediation completion by 31.12.2024 (Para 22 , 23 , 24)

ORDER

1. This Original Application (hereinafter referred to as ‘OA’) was registered in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in (2022) 13 SCC 401 in Municipal Corporation of Greater Mumbai v. Ankita Singha & Ors. on a letter petition dated 31.03.2023 sent by Davinder Pal Singh, R/o H. No. 94, New Officers Colony, Patiala.

2. Complainant has said that Municipal Corporation, Patiala (hereinafter referred to as ‘MCP’) is violating provisions of Solid Waste Management Rule, 2016 (hereinafter referred to as ‘SWM Rules, 2016’ and orders passed by this Tribunal whereby ban has been imposed on burning of solid waste in open places and bulk waste burning in landfill sites. Moreover, regular fires at Municipal Corporation garbage dump site near Choti Nadi is playing havoc with lives of inhabitants of adjoining colonies and damaging environment.

3. Taking cognizance of complaint on 01.08.2023, Tribunal found it appropriate to constitute a Joint Committee comprising Central Pollution Control Board (hereinafter referred to as ‘CPCB’), Punjab State Pollution Control Board (hereinafter referred to as ‘PPCB’), District Magistrate, Patiala and a representative of Commissioner, Municipal Corporation, Patiala to submit a factual report.

4. Committee was required to submit its report within one month.

5. Pursuant thereto, an action taken report was submitted by Member Secretary, PPCB vide letter dated 12.10.2023, sent vide email dated 05.11.2023. Report refers to other O.As i.e. O.A No. 286/2022, In re: News item published in The Indian Express dated 20th April, 2022, titled “7 Charred to death in fire near Ludhiana dumpsite” and O.A No. 288/2022, In re : News item published in News 18 dated 26.04.2022 titled “Delhi: Massive Fire at Bhalswa Dump Yard, Fourth This Year; 13 Fire Tenders on Spot” wherein issue of fire at solid waste dump sites at Ludhiana and Gazipur, respectively, was raised. It was pointed out that CPCB issued letter dated 26.05.2022 containing directions under Section 5 of Environment Protection Act, 1986 (hereinafter referred to as ‘EP Act, 1986’) for implementation of SWM Rules, 2016 with respect of fire incidents at Municipal Solid Waste dump site, to various State Pollution Control Boards. Report also refers to directions issued by Tribunal in O.A 606/2022 and stated that environmental compensation of Rs. 21 lakhs for the period of 01.07.2020-28.02.2022 was imposed upon MCP for non- compliance of SWM Rules, 2016 and legacy waste remediation. State Government on behalf of MCP deposited only Rs. 09 lakhs towards environmental compensation against Rs. 21 lakhs.

6. Aaditya Dachalwal, Commissioner MC Patiala who is present in Tribunal stated today that even the remaining amount of environmental compensation has been deposited.

7. Report further said that CPCB directions dated 26.05.2022 were forwarded to Department of Local Government, State of Punjab vide PPCB letter dated 19.07.2022 to ensure compliance of said directions. Directions issued by CPCB read as under:-

“1. The Department of Local Government shall provide updated information w.r.t directions dated 01.03.2021 issued by PPCB regarding bio-mining issued to it. It is to be ensured that Updated information w.r.t at least all Metro cities is provided in accordance with Hon’ble NGT Directions.

2. The Department of Local Government to conduct comprehensive risk assessment studies and accordingly prepare detailed On-site Emergency Pla

Click Here to Read the rest of this document

2024 Supreme(Online)(NGT) 2273

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert MemberDavinder Pal Singh – AppellantVersusState of Punjab – RespondentOriginal Application No. 434/2023

NGT mandates time-bound compliance for solid waste dump site fire prevention, legacy waste bioremediation, daily waste processing, and environmental compensation under SWM Rules, 2016, via risk assessments and infrastructure upgrades.

Cases Referred (1)

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Davinder Pal Singh – Appellant
Versus
State of Punjab – Respondent
Original Application No. 434/2023