Back
2024 Supreme(Online)(NGT) 2278
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Tribunal on its Own Motion – Appellant
Versus
Urban Development and Municipal Affairs Department, Government of West Bengal – Respondent
Miscellaneous Application No.05/2024/EZ In Execution Application No.03/2021/EZ | Original Application No.70/2016/EZ
For the Applicant(s): Suo Motu
For the Respondent(s): Ms. Madhumita Bhattacharjee, Mr. Sudip Kumar Dutta
Tribunal grants extension till 31.12.2025 for legacy waste processing at dumpsite based on compliance affidavits and timelines.
Headnote:The Tribunal reviewed compliance with prior orders in Original Application No.70/2016/EZ concerning garbage dumping at Rajiv Nagar, directing clearance of legacy waste from Mound-B and filing of affidavits. Affidavits detailed legacy waste quantities (approximately 8.5 lakh MT as of 2020, with processing of 7.42 lakh MT completed by March 2024) and fresh waste accumulation from multiple urban local bodies converting to legacy waste (estimated total ~11 lakh MT). The Court noted ongoing tenders for bio-mining and bio-remediation, with timelines for processing plants. Issues framed around compliance delays, waste accumulation rates (750-900 MT/day), and projected completion. Ratio focused on necessity of extended timelines due to unavoidable circumstances, tender processes, and infrastructure constraints, accepting affidavits' calculations for processing capacities (1500 TPD legacy, 750 TPD fresh). The Tribunal disposed of M.A. No.05/2024/EZ, granting time till 31.12.2025 for complete treatment and clearance.
| Table of Content |
|---|
| 1. review of prior orders and initial compliance affidavits on waste clearance. (Para 1 , 2) |
| 2. detailed legacy and fresh waste accumulation calculations till march 2024. (Para 3 , 4) |
| 3. timelines for fresh waste processing and dumpsite management schedule. (Para 5 , 6) |
| 4. counsel's submission for time extension based on affidavits. (Para 7) |
| 5. grant of extension till 2025 with compliance reporting directive. (Para 8 , 9) |
ORDER
1. The Original Application No.70/2016/EZ was disposed of by this Tribunal by its order dated 30.09.2020 with a direction to the Respondents to file affidavit of compliance by 04.04.2021. With regard to the clearing of entire legacy waste of Mound-B, the State Respondents were also directed to file compliance report by 06.09.2022 vide Tribunal’s order dated 04.04.2022 passed in Execution Application No.03/2021/EZ. Thereafter, an affidavit of compliance dated 05.09.2022 was filed by the Urban Development & Municipal Affairs Department, Government of West Bengal and M.A. No.20/2022/EZ was registered on 14.09.2022 which was also disposed of by this Tribunal vide order dated 13.10.2022 with a direction to the State Respondent to file affidavit of compliance by 31.07.2023.
2. Affidavit dated 31.07.2023 has been filed by the Urban Development & Municipal Affairs Department, Government of West Bengal, stating, inter-alia, that accumulated fresh waste and at that time was as under:-
“……………………xxx………………..xxx………….xxx………………….
xvii. It is to mention that as of now the accumulated Fresh Waste:
• From 21.09.2022 to 30.09.2022 @750 x 10 days =7500 MT • From 1st Oct 2022 to 31st July 2023 @750 MT/day (from Promodnagar Cluster) + 150 MT/day from Barasat i.e. @900 MT/day which may continue up to 250 days = 2,25,000 MT.
• Total Waste accumulated = 7,500 + 2,25,000 =2,32,500 MT or 2,58,333 cu.m.
xviii. This situation may prevail for the next 5 months i.e.tentatively another 900 x 150 days = 1,35,000 MT of waste will accumulate at the Rajibnagar site.
xix. The next 5 months have been considered as a period for the construction of a fresh waste processing plant at Barasat Municipality to process the incoming fresh waste from Barasat Municipality.
xx. To process the additional quantity of accumulated fresh waste at Rajibnagar Dumpsite a special drive is being taken from the Department of UD & MA to call separate tenders and engage a separate agency to process the waste at different locations where fresh waste processing is just to take off and which may be at an average distance of about 10 to 15 KM.
3. Further affidavit dated 01.04.2024 has been filed by the Urban Development & Municipal Affairs Department, Government of West Bengal. Along with this affidavit a detailed calculation sheet has been filed which reads as under:- “Table-A: Detailed Calculation Sheet
| Sl. No. | Particulars | Status |
| 1 | Legacy waste quantity on site as on September 2020 (as mentioned in the affidavit submitted on 18.09.2020) (Relevant Pages of the affidavit dated 18.09.2020 has been annexed herewith and marked as Annexure -I) (in MT) | 850000 |
| 2 | Legacy waste to be processed beyond tendered quantity as on 19.03.2024 [i.e., 850000-725400- 17400] (Work Orders are annexed herewith and marked as Annexure -II) (in MT) | 107200 |
| 3 | Legacy Waste further accumulated for the period in DPR preparation to actual commencement of work i.e. from January, 2020 to February, 2021 @ 750 TPD for 400 days (Relevant Pages of the DPR has been annexed herewith and marked as Annexure –III) (in MT) | 300000 |
| 4 | Quantity of legacy waste as per Affidavit filed on 31.07.2023 where from 01.10.2022 to 31.07.2023 fresh waste accumulated from 7 (seven) Urban Local Bodies (ULBs) including Barasat Municipality @900 TPD (in MT) | 232500 |
| 5 | Quantity of Legacy Waste accumulated from fresh waste accumulated from 7 ULBs including Barasat Municipality @900 TPD from 01.08.2023 to 19.03.2024 (in MT) | 208800 |
| 6 | Total quantity of legacy waste present at the site as on 19.03.2024(in MT) [Sl. No.2 + 3 + 4 + 5] | 848500 |
| 7 | Additional quantity |
