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2024 Supreme(Online)(NGT) 3280
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)
Local body's persistent non-compliance with SWM Rules, 2016 attracts polluter pays compensation on legacy waste quantum and prosecution under EP Act, 1986 for environmental violations.
Headnote:(A) Solid Waste Management Rules, 2016 - Rule 15 - Environment (Protection) Act, 1986 - Section 15 - Non-compliance by local body with duties for waste segregation, collection, processing, legacy waste remediation, leachate treatment, groundwater monitoring, fencing, emergency plans - Violation established from joint committee report showing unsegregated dumping, uncovered vehicles, groundwater contamination (pH 2.13-6.38, TDS 3248-5407, heavy metals exceeding limits), no treatment facilities - Polluter pays principle applied to compute environmental compensation @ 0.01 paisa/kg/day on 15 lakh MT legacy waste for 01.04.2024 to 31.07.2024 (Rs.2.70 crores). (Paras 4, 8, 28)
(B) Environmental compensation - Imposition and recovery - Cumulative Rs.4.50 crores imposed by pollution control board for prior periods, partly deposited - Tribunal directs payment of all compensation within two months, recovery by coercive measures if default, utilization for environmental restoration plan by joint committee. Initiation of prosecution under Section 15 EP Act against responsible officer. (Paras 23, 29, 30)
(C) Judicial remedies - Directions for time-bound compliance - Comprehensive risk assessment, onsite emergency plan, water hydrants, methane detectors, CCTV, weighbridge, fencing, green belt, piezometers, buffer zone notification - Legacy waste bioremediation, waste processing plants urged with timelines. (Paras 9, 31)
Facts of the case:
Suo-moto cognizance on letter petition highlighting garbage dumping on flyover causing pollution, foul smell, health hazards. Joint committee report (02.11.2023) detailed 30-year-old 16.25-acre dumpsite with ~15 lakh MT legacy waste, daily 400-500 MT unsegregated addition, environmental violations including leachate discharge, groundwater pollution, proximity to drain and residences, fire risks. Local body responses outlined partial actions like waste removal from site, machinery procurement, tenders but lacking substantial processing capacity (gap of ~380 TPD), leading to continued legacy buildup.
Findings of Court:
Utter non-compliance with Rule 15 SWM Rules persisting despite directions, reports, imposed compensations. Legacy waste escalated to 15 lakh MT by July 2024 due to processing shortfall. Stringent action warranted under EP Act for ongoing environmental degradation, pollution, health risks.
Issues: Whether local body's failure to implement waste segregation, processing, legacy remediation constitutes offence; quantum of environmental compensation for legacy waste; measures for restoration and penal action.
Ratio Decidendi: Rule 15 mandates local bodies' comprehensive duties for waste management - non-compliance is offence under Section 15 EP Act. Polluter pays principle quantifies compensation on legacy waste volume. Judicial oversight requires time-bound remediation plans, compensation recovery, prosecution for deterrence.
Result: Original Application disposed with directions - Rs.2.70 crores compensation for 01.04.2024-31.07.2024; total dues including prior Rs.4.50 crores payable in two months; prosecution initiation; restoration plan execution.
| Table of Content |
|---|
| 1. suo-moto cognizance on garbage pollution complaint (Para 1 , 2 , 3) |
| 2. joint committee findings on dump site violations (Para 4 , 7) |
| 3. municipal actions on choughiti bypass cleanup (Para 5 , 6 , 14 , 18 , 19 , 20) |
| 4. environmental compensation for swm non-compliance (Para 8 , 9 , 16 , 24) |
| 5. responses and directions from respondents (Para 10 , 12 , 13 , 15 , 17) |
| 6. municipal corporation's swm compliance action plans (Para 21 , 22) |
| 7. legacy waste accumulation and rule 15 violations (Para 25 , 26 , 27) |
| 8. imposition of polluter pays compensation and penalties (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:
| r. 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. | Pheno | |||
