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2024 Supreme(Online)(NGT) 2978
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Haripriya Patel – Appellant
Versus
Department of Environment and Forest, Government of Odisha – Respondent
Original Application No.21/2024/EZ
For the Applicant(s)/Petitioners: Haripriya Patel, in person (in Virtual Mode)
For the Respondent(s):Papiya Banerjee Bihani, Advocate for R-2 (in Virtual Mode), Dipanjan Ghosh, Advocate for R-3, Rajib Ray, Advocate for R-4
NGT directs accelerated legacy waste processing, infrastructure enhancements, and monitoring for municipal solid waste compliance based on fact-finding report, disposing suo-motu application upon verification of management measures.
Headnote:(A) Solid Waste Management Rules, 2016 - National Green Tribunal - Municipal solid waste management - Suo-motu application based on news report alleging health hazard from garbage dump at temporary transit station near schools - Fact-finding committee report noting legacy waste accumulation, processing efforts, distances to schools exceeding siting criteria violation claims, and decentralized waste management through composting and material recovery - Tribunal directs completion of legacy waste processing by 31.03.2026, establishment of additional facilities by 31.12.2024, leachate management improvements, and compliance affidavits. (Paras 10, 17, 19)
(B) Environmental compliance - Judicial oversight - Continuous monitoring by pollution control board, monthly waste processing reports, RDF disposal, and capacity enhancement plans aligned with projected waste generation upheld as sufficient measures for sustainable waste management. (Paras 8, 12, 18)
Facts of the case:
Suo-motu original application initiated on news article highlighting stench from 54,000 tonnes garbage dump at temporary transit station, exceeding city waste handling capacity, with unsegregated bulk waste from commercial sources affecting nearby schools; committee inspected sites, verified higher legacy waste quantum, ongoing biomining, composting, RDF production, and future expansion plans.
Findings of Court:
Legacy waste processing at temporary transit station substantially advanced with remaining quantities minimal and daily waste handled onsite; biomining at old dumpsite progressing per schedule; decentralized facilities operational; proposed enhancements to meet future 1200-1300 TPD generation; no further adjudication required post compliance directions.
Issues: Verification of garbage dump allegations including quantity, health impacts, siting violations, waste segregation compliance, legacy waste management, and adequacy of processing infrastructure.
Ratio Decidendi: Tribunal accepts committee findings correcting exaggerated media claims, emphasizes directives for complete legacy waste clearance, infrastructure upgrades with timelines, leachate control, and regulatory monitoring to ensure scientific disposal and prevent accumulation, disposing application upon satisfaction of steps taken and planned.
Result: Original Application disposed of with specified compliance directions.
| Table of Content |
|---|
| 1. garbage dump at tts causes health hazards near schools. (Para 3 , 4 , 5 , 6 , 7) |
| 2. committee constituted to verify waste management allegations. (Para 8) |
| 3. legacy waste processing at tts and bhuasuni ongoing. (Para 9) |
| 4. complete legacy waste processing by 31.03.2026. (Para 10 , 18 , 19) |
| 5. directives for mrf completion by 31.12.2024. (Para 11 , 17) |
| 6. bmc manages 800 tpd waste via decentralized centers. (Para 12 , 14 , 15 , 16) |
ORDER
1. Affidavit dated 06.06.2024 has been filed by the Respondent No.4, Bhubaneswar Municipal Corporation; the same is taken on record.
2. The Applicant, Smt. Haripriya Patel, who is appearing in person, is connected through the Virtual Mode but is not responding to any of our queries.
3. The Original Application was taken up suo-motu on a complaint submitted by one Smt. Haripriya Patel, stated to be residing at 106, Lumbini Enclave Chandrasekharpur near Care Hospital, Bhubaneswar – 751021, Odisha, bringing to the notice of the Tribunal an article published in ‘the Times of India’ on 15.12.2023 under the heading “Stench from garbage dump at TTS a health hazard: Experts”.
4. The news article has been placed on record which mentions that there is a huge garbage dump at Temporary Transit Station (TTS) of Bhubaneswar Municipal Corporation near Sainik School. The article further mentions that there is at least 54,000 tonnes of garbage deposited at the site in question. The handling capacity of waste of Bhubaneswar city is 300 tonnes per day whereas the city now generates about 700 tonnes of waste which during monsoon crosses 800 tonne mark.
5. In the article, it is stated that 36 Micro Composting Centers (MCCs) and 22 Material Recovery Facilities (MRF) have been installed for processing 250-300 tonnes of dry and wet waste at ward level through door-to-door collection for which the Bhubaneswar Municipal Corporation has roped in seven NGOs with a fleet of 400 vehicles.
6. It is stated that the rest of the waste is mixed garbage mostly dumped by bulk waste generators at random places and collected by private agencies engaged in bringing it to the TTS near Sainik School. It is also alleged that the bulk waste is generated mostly by hotels, eateries, commercial buildings and industries as well as apartments which do not follow the BMC’s norms of waste segregation and garbage handover norms.
7. It is further stated that the windows of Sainik School and Kendriya Vidyalaya have to be kept closed to protect students from the smell and odour and ill-effects of the garbage dumping site which is located less than 100 meters away in violation of the Siting Criteria.
8. Affidavit dated 30.03.2024 has been filed by the Respondent No.2, Odisha State Pollution Control Board and along with this affidavit an Inspection Report of the Committee constituted by the Tribunal has been filed. The Inspection Report reads as under:
“REPORT OF THE COMMITTEE BEFORE THE HON‟BLE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA IN THE MATTER OF ORIGINAL APPLICATION NO.21/2024/EZ
1. Background:
The present Original Application is being taken up suo-motu on a complaint submitted by one Smt. Haripriya Patel stated to be residing at 106, Lumbini Enclave Chandrasekharpur near Care Hospital, Bhubaneswar – 751021, Odisha, bringing to the notice of the Tribunal an article published in „the Times of India‟ on 15.12.2023 under the heading “Stench from garbage dump at TTS a health hazard: Experts”, Hon‟ble NGT has passed an order on 31.01.2024, the relevant portion of which is reproduced as under:
“In order to elicit the veracity of the allegations made, we deem it appropriate to constitute a fact-finding Committee comprising of the following Members:-
i. Senior Scientist, Odisha State Pollution Control Board,
ii. Senior Scientist, Central Pollution Control Board, and
iii. Senior Scientist/Environmentalist, Bhubaneswar Municipal Corporation, Bhubaneswar The Committee shall inspect the site in question and submit its Report within four weeks on
