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2024 Supreme(Online)(NGT) 2800
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 2025-2026 for legacy waste processing and dumpsite clearance based on compliance affidavits.
Headnote:The Tribunal reviewed compliance with prior orders regarding legacy waste clearance at Rajiv Nagar dumpsite. Key facts include accumulation of legacy waste from multiple urban local bodies, with detailed calculations showing approximately 11 lakh MT pending processing. The court noted affidavits detailing processed quantities, ongoing tenders for bio-mining, and timelines for fresh waste processing plants. Issues framed around timely compliance with waste processing directives and management of accumulating fresh waste converting to legacy waste. Ratio decidendi emphasizes the need for extended timelines based on affidavits, considering tender processes, infrastructure construction, and seasonal constraints, while directing further compliance reporting. M.A. No.05/2024/EZ disposed granting time till 31.12.2025 for complete legacy waste treatment and site clearance.
| Table of Content |
|---|
| 1. prior orders and initial compliance affidavits reviewed (Para 1 , 2) |
| 2. legacy and fresh waste accumulation calculations (Para 3 , 4) |
| 3. timelines for waste processing and site management (Para 5 , 6) |
| 4. respondents seek time extension (Para 7) |
| 5. extension granted till 2025 with compliance 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 of fresh waste likely to be turned into legacy waste in between the period from 20.12.2023 to 20.12.2024 (27 |
