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2024 Supreme(Online)(NGT) 2344
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Ramesh Mahendru – Appellant
Versus
State of Punjab – Respondent
Original Application No. 479/2023
For the Respondents:Mr. Prakhyat Gargaysa Proxy Counsel for Mr. Divyam Nandrajog, AAG for State of Punjab, Mr. Prashant Manchanda and Ms. Nancy Shah, Advocates for Respondent No. 3 with Mr. Gautam Jain, Commissioner, MC Jalandhar (through VC), Mr. Naginder Benipal Advocate for PPCB with Mr. Gurjinder Singh Majithia, Member Secretary, PPCB (through VC)
Non-compliance with Solid Waste Management Rules, 2016 by local authorities warrants 'Polluter Pays' environmental compensation on legacy waste and penalty proceedings to enforce remediation and prevent pollution.
Headnote:(A) Solid Waste Management Rules, 2016 - Rule 15 - Environment (Protection) Act, 1986 - Section 15 - Non-compliance by local authority with mandatory duties for waste segregation, collection, processing, and legacy waste remediation - Violation constitutes offence - Application of 'Polluter Pays' principle for computing environmental compensation on unremediated legacy waste @ 0.01 paisa per kg per day - Imposition of penalty proceedings - Directions for emergency plans, infrastructure, and restoration. (Paras 26-30)
(B) Environmental Law - Judicial enforcement - Suo motu cognizance on letter petition highlighting open dumping causing pollution, foul odour, and health hazards - Joint Committee report revealing deficiencies like unsegregated dumping, leachate discharge, groundwater contamination, absence of fencing, CCTV, methane detectors - Time-bound remediation and compliance mandatory to prevent environmental degradation. (Paras 1-9)
Facts of the case:
Suo motu Original Application initiated on letter petition complaining of huge garbage dumped on flyover causing environmental pollution, foul smell, and health hazards. Joint Committee found 16.2-acre dumpsite with ~15 lakh MT legacy waste, daily unsegregated dumping, groundwater contamination beyond limits, leachate stagnation, no treatment, boundary wall, or safety measures. Local authority reported partial actions like garbage removal from site, tenders for plants, but substantial gaps persisted in processing capacity versus generation.
Findings of Court:
Local authority in utter violation of statutory duties under Rule 15 SWM Rules, 2016. Environmental compensation of Rs.2,70,00,000/- imposed for period 01.04.2024 to 31.07.2024 on 15 lakh MT legacy waste. Total outstanding compensation including prior impositions to be deposited within two months. Penalty proceedings under Section 15 EP Act directed. Restoration plan by Joint Committee for utilization of compensation.
Issues: Whether continued non-compliance with SWM Rules justifies stringent action including compensation and penalties; adequacy of local authority's action plan for waste processing, legacy remediation, and site safety.
Ratio Decidendi: Persistent violation of mandatory SWM Rules duties degrades environment and harms public health - requires 'Polluter Pays' compensation computed on legacy waste quantum, coercive recovery if unpaid, and prosecution of responsible officers to enforce compliance. (Paras 27-30)
Result: Original Application disposed of with directions for compensation payment, penalty initiation, and environmental restoration.
| Table of Content |
|---|
| 1. suo-moto cognizance on garbage pollution complaint (Para 1 , 2 , 3) |
| 2. dump site violations and legacy waste accumulation (Para 4 , 7 , 25) |
| 3. municipal corporation's remedial actions and plans (Para 5 , 6 , 14 , 17 , 19 , 20 , 22) |
| 4. environmental compensation for swm non-compliance (Para 8 , 16 , 23 , 24) |
| 5. joint committee recommendations and responses (Para 9 , 10 , 11 , 12 , 13 , 15 , 18 , 21) |
| 6. duties of local authorities under swm rule 15 (Para 26 , 27) |
| 7. polluter pays compensation and penalty imposition (Para 28 , 29 , 30 , 31 , 32) |
ORDER
1. The Original Application was registered in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13SCC 401, on a letter petition dated 17.05.2023, received from Ramesh Mahendru, President, Alfa Mahendru Foundation.
2. The complainant had said that huge garbage has been dumped on the PAP Flyover near Chowgitti Bypass Jalandhar city which is emitting foul smell causing pollution and damaging environment and also creating health hazard situation to the residents.
3. Tribunal took cognizance of the matter on 04.08.2023 and found it appropriate to obtain a Factual Report by constituting a Joint Committee comprising Central Pollution Control Board (hereinafter referred to as ‘CPCB’), Punjab State Pollution Control Board (hereinafter referred to as ‘PSPCB’) and District Magistrate, Jalandhar.
4. Joint Committee submitted its Report dated 02.11.2023 stating that site was visited on 15.10.2023. Its observations in the Report read as under:
a) The dump site falls within the MC limits and is established in an area of about 16.2 acres. The officials of Municipal Corporation, Jalandhar informed that the site is in use for the last about 30 years.
b) The Municipal Corporation, Jalandhar has provided 30 dump trucks and 43 trollies to carry the solid waste to the dump site.
c) At the time of visit about 3 trollies and 03 dump trucks reached the site but none of them was covered.
d) None of the vehicles was compartmentalized. No segregation of waste is being done before sending it to the dump site and no segregation is done at the dump site.
e) No treatment of fresh waste or legacy waste is being carried out. The unsegregated waste received is dumped as such at the site.
f) No weigh bridge has been provided at the dump site to ascertain the waste being received at site.
g) The Municipal Corporation, Jalandhar officials informed that as pera survey carried out in 2019, 08 lacs MT solid waste was present at the dump site and 400-500 MT waste was being received everyday at that time. Considering increase in daily waste generation and accumulation of waste since 2019, the total legacy waste lying at the dump site could be to the tune of 15 lacs MT.
h) No boundary wall or fencing has been provided around the dumpsite and as such waste was found spread outside the dump site on to the road leading to the site.
i) The Kala Sanghian drain passes at around 400 mtr away from the dump site. A lot of waste was found dumped along the bank of Kala Sanghian drain adding to the pollution in the drain.
j) No plantation has been provided around the dump site.
k) No buffer zone has been left by MC Jalandhar around the dumpsite.
l) The piezometers earlier provided for ground water monitoring are buried under the waste and as such sampling of ground water cannot be done. Further, the ground water sampling from piezometers provided near entrance and inside the dump site was earlier carried out by the Board in October 2020 and samples were got analysed from PBTI Lab.
m) As per analysis report, various parameters were found beyond the prescribed limits as tabulated below:
| Sr. No. | Parameters Piezometer | inside site | Piezometer at entrance | Maximum permissible limits as per SWM Rules 2016 |
| 1. | pH | 2.13 | 6.38 | 6.5-8.30 |
| 2. | TDS | 3248 | 5407 | 500 |
| 3. | Chloride | 1499 | 1750 | 250 |
| 4. | Copper | 0.02 | 0.14 | 0.05 |
| 5. | Iron | 0.43 | 2.6 | 0.3 |
| 6. | Nitrate | 7.6 | 260 | 45 |
| 7. | Phenolic compound | BDL | 0.02 | 0.001 |
| 8. | Sulphate | 875 | 1750 | 200 |
| 9 | ||||
