Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 3172

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Khildev Singh Rawat – Appellant
Versus
State of Uttarakhand – Respondent
Original Application No.225/2024

Advocates:
For the Appellants/Petitioners: None
For the Respondents: Mr. MukeshVerma, Ms. VatsalaTripathi for UKPCB (through VC), Mr. Kamal Kumar Pandey for R-4, Mr. Surendra Kumar, EO, Nagar Pallika Karanprayag (through VC)

Proposed solid waste facility site complies with siting criteria under SWM Rules, 2016, as verified by Joint Committee; no interference if prior EC and all clearances obtained before construction.

Headnote:(A) National Green Tribunal Act, 2010 - Sections 14 and 15 - Solid Waste Management Rules, 2016 - Schedule I (A)(vii) - Environment Impact Assessment Notification, 2006 - Siting criteria for sanitary landfill - Proposed solid waste processing and disposal facility - Complainants alleged violation of siting criteria with site 100 meters from river - Joint Committee report confirmed distances: 140 meters from nearest river, 200 meters from highway/habitations, 7.5 km from airstrip (with NOC sought) - Site fulfills all criteria except airstrip distance, permissible with NOC - No construction commenced; prior environmental clearance applied for, public hearing completed - No prima facie violation found; no interference warranted if all clearances obtained and rules complied with. (Paras 6, 7, 10, 13)

(B) Environmental Clearance - Mandatory prior EC for waste facilities - Process includes EIA, TOR, public hearing, SEAC inspection - Compliance required before construction/operation; all consents, NOCs essential. (Paras 7, 9, 12, 13)

Facts of the case:
Suo motu application registered on complaint alleging establishment of solid waste disposal centre violating siting criteria near river in rural area, causing pollution and health hazards. Tribunal constituted Joint Committee; report verified site details, distances, ongoing EC process. Respondent affirmed compliance, land scarcity, daily waste generation necessitating facility.

Findings of Court:
Proposed site conforms to siting criteria under SWM Rules, 2016; no occasion to interfere in EC process. Respondent directed to fully comply with all rules, obtain requisite clearances before proceeding.

Issues: Whether proposed site violates siting criteria, particularly distance from river and other features; validity of ongoing EC process without construction.

Ratio Decidendi: Siting criteria not contravened ex facie per Joint Committee report and rule provisions; landfill permissible within reduced airstrip distance with NOC. Mandatory compliance with environmental laws, including prior EC and all NOCs, required; no judicial interference absent violation.

Result: Original Application disposed of with directions.

Table of Content
1. suo-moto registration on environmental complaint (Para 1 , 2)
2. tribunal proceedings and respondent impleadment (Para 3 , 4 , 5 , 8)
3. joint committee verifies site distances and compliance (Para 6 , 7)
4. site complies with swm rules siting criteria (Para 9 , 10 , 11)
5. no violation; application disposed with compliance directions (Para 12 , 13 , 14)

ORDER

1. Khildev Singh Rawat and Mahipal Singh, Adyaksh and Mahamantri, respectively of Kapiri Vikas Sangharsh Simiti sent a letter dated 13.08.2023 whereupon this Original Application was registered in exercise of suo-moto jurisdiction in view of law laid by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401, under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’).

2. Complainants have said that Nagar Palika Parishad, Karanprayag, District Chamoli, a local body, is establishing a Solid Waste Disposal Centre at a motorable road of Movani Ghadere (springs) at Karanprayag Nanisain Road in utter violation of siting criteria provided in environmental laws; site is just about 100 meters from Pindar river and entire leachate will get discharged in the said river polluting the same. The site is also in rural area and likely to cause environmental damage and health hazard to local residents.

3. Cognizance was taken by Tribunal on 09.05.2024 and after being prima-facie satisfied that a substantial question relating to environment out of implementation of enactments specified in Schedule 1 of NGT Act, 2010 has arisen, Tribunal proceeded to implead following as respondents:

(i) State of Uttarakhand through Principal Secretary, Urban Development, Government of Uttarakhand,

(ii) Member Secretary, Uttarakhand Pollution Control Board and, (iii) District Magistrate, Chamoli, Uttarakhand.

4. Notices were issued to respondents requiring them to file their responses.

5. Tribunal also found it appropriate to obtain a factual report and constituted a Joint Committee comprisingrepresentatives of Integrated Regional Office, MoEF&CC, Dehradun, Uttarakhand Pollution Control Board and; and, District Magistrate, Chamoli, Uttarakhand.

6. Pursuant to above order dated 09.05.2024, an inspection Report dated 29.06.2024 has been filed by Joint Committee stating that District Magistrate, Chamoli, for Solid Waste Management, has allotted land measuring 0.400 hectares at Khata No. 46, Khasra No. 1342, with a total area of 5.504 hectares Simli, Village Dimmat. The distances from various sites, given in the report are as under:

S. N.	Criteria	Criteria Distance		Available Distance and Direction from proposed SLF site
1.	Distance from nearest River	100 meters		Pinder River 0.14 km in S direction Alaknanda River 2.2 km in NNW direction
2.	Distance from nearest pond	200 meter		No pond near site
3.	Flood Plain	No landfill shall be constructed within a 100- year flood plain		None
4.	distance from nearest Highway (NH)	200 meters		NH 109-0.2 km in S direction Badrinath Highway NH-7.16 km in NNW direction
5.	Distance from nearest habitation	200 meters		Tauli Daduli Villages 0.35 km in S direction
6.	Distance from nearest Public Parks	200 meters		No park available
7.	Distance from nearest water supply wells	200 meters		No water supply well available
8.	Critical Habitat Area		No landfill within the Critical habitat area. It is defined as the area in which 1 or more endangered species live.		No critical habitat exists in study area.
9.	Distance from nearest strip/Airports. Airbase		10 km. 20 km		Gauchar Austrip 7.50 in WNW direction
10.	Coastal Regulation Zone (CRZ)		Should not be sited		Not applicable

7. Report further says that for construction of Solid Waste Collection Center, tender process has been started and after taking all necessary steps in accordance with the rules, further action shall be taken but, presently no construction work has commenced, and an application for grant of prior Environmental Clearance (hereinafter referred to as ‘EC’) has been submitted. O

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2024 Supreme(Online)(NGT) 3172

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert MemberKhildev Singh Rawat – AppellantVersusState of Uttarakhand – RespondentOriginal Application No.225/2024

Proposed solid waste facility site complies with siting criteria under SWM Rules, 2016, as verified by Joint Committee; no interference if prior EC and all clearances obtained before construction.

Cases Referred (1)

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Khildev Singh Rawat – Appellant
Versus
State of Uttarakhand – Respondent
Original Application No.225/2024