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2024 Supreme(Online)(NGT) 3364

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
Ashok Malik – Appellant
Versus
Commissioner, Jaipur Municipal Corporation – Respondent
Original Application No. 83/2023(CZ)|OA No.606/2018



Advocates:
For the Applicant(s): None
For the Respondent(s): Mr. Rohit Sharma, Mr. Lokendra Singh Kachhawa

Non-compliance with waste management rules attracts environmental compensation; mandates war footing remediation of processing gaps, leachate treatment, source segregation enforcement, district-level monitoring for environmental protection.

Headnote:(A) Solid Waste Management Rules, 2016 - Non-compliance by municipal corporation - Improper maintenance of waste containers, littering, irregular collection, open dumping, uncovered transport, leachate generation, open burning, lack of segregation at source - Generation 1700 TPD, processing capacity 600 TPD, legacy waste bioremediation ongoing - Groundwater contamination, fire risks, absence of boundary walls, rag pickers/animals access - Directions for firefighting arrangements, leachate treatment, source segregation enforcement via IEC and penalties, development of material recovery facility. (Paras 2, 3, 5, 10)

(B) Environment (Protection) Act, 1986 - Section 5 - Show cause notices and directions issued for deficiencies at dumping sites - Failure to develop scientific disposal facilities, boundary fencing, leachate/gas collection - Water samples non-conforming to standards - Environmental compensation regime under prior NGT orders for continued non-compliance post statutory timelines, liability on local bodies/State Governments. (Paras 3, 5, 6)

(C) Monitoring and Compliance - District Environment Committees, Special Task Forces for awareness/IEC - Strict adherence to NGT orders in OA No.606/2018 - Chief Secretaries/District Magistrates to monitor, calculate/assess compensation - High priority to bridge generation-processing gaps on war footing. (Paras 25, 26)

Facts of the case:
Applicant alleged municipal corporation's violations of waste management rules causing littering, open dumping, pollution, health risks. Committee report confirmed gaps: daily generation 1700 TPD vs processing 600 TPD, legacy waste processing started, deficiencies at transfer stations/dumpsites including leachate, fire risks, groundwater pollution. Show cause notices issued, remedial projects under progress.

Findings of Court:
Gaps persist despite ongoing efforts; legacy waste bioremediation advancing, new facilities planned; strict monitoring required under existing mechanisms; State PCB to compute environmental compensation per OA 606/2018 guidelines; District Magistrate to oversee District Environmental Plan compliance.

Issues: Whether municipal corporation complied with waste management rules; adequacy of processing capacity vs generation; remedial measures for dumpsite deficiencies, leachate, fire prevention; enforcement of segregation, compensation for non-compliance.

Ratio Decidendi: Continued failures post statutory timelines attract environmental compensation on local bodies/States; war footing action needed for source segregation, processing gaps; District-level monitoring essential; no further delays justified given environmental/public health impacts.

Result: Original Application disposed of with directions for compliance monitoring, compensation calculation, forwarding order to State Secretary, PCB, Commissioner, Collector, District Magistrate.

Table of Content
1. non-compliance with waste management rules causing littering and pollution. (Para 1 , 2 , 3)
2. committee report details waste collection and site deficiencies. (Para 4)

ORDER

1. Contention of the applicant in person is that improper maintenance of waste containers has resulted in widespread littering and the dispersion of waste in the surrounding areas. The dearth of roadside bins and irregular waste collection have culminated in the indiscriminate dumping of waste directly onto the roadside.

2. The issue raised in this application is non-compliance of Solid Waste Management Rules, 2016, Plastic Waste Management Rules, 2016, The E- Waste (Management) Rules, 2016, Bio-Medical Waste (Management) Rules, 2016, Construction and Demolition Waste Management Rules, 2016, Hazardous Waste (Management and Handling) Rules, 1989, Bio- Medical Waste (Management and Handling) Amendment Rules, 2020 by Jaipur Municipal Corporation.

3. The Municipal Corporation has established modern transfer stations and mini dump yards in densely populated areas, which are neither properly covered nor maintained, leading to littering, the generation of leachate, and the open dumping of biomedical waste. Waste is transported in open vehicles without appropriate covering, contributing to environmental pollution and public health nuisance. The mismanagement of the Mathuradaspura and Sewapura dumping sites, where waste is not properly covered, is openly burnt, and is dumped without proper leachate or gas collection systems, is a matter of grave concern. The Refuse-Derived Fuel (RDF) processing facility and the composting facility are grappling with challenges due to the lack of waste segregation at source, leading to machinery failures and reduced efficiency.

4. The matter was taken up by this Tribunal on 26.07.2023 and a committee was constituted with direction to submit the factual and action taken report. In compliance thereof the committee visited the site and submitted the report as follows :-

5. “During field visit and on perusal of records, it was observed that:-

(i) Nagar Nigam Jaipur is collecting Municipal Solid Waste (MSW) from door to door from Jaipur city. The waste collected from door to door in Auto Trippers having separated compartments for dry waste and wet waste. Part of the waste collected from door to door is not separated at source as dry and wet waste.

(ii) Through Auto Trippers the waste reaches to the Solid Waste Transfer Stations. Nagar Nigam is maintaining 9 transfer stations in the city. Out of these, 2 transfer stations were visited by the committee. At transfer stations, part of plastic waste, glass and metal is separated from the MSW by the agency authorized by the Nagar Nigam on contract basis after that MSW being transported for disposal to two dumpsites i) Mathuradaspuraand ii)Sewapura.

(iii) Daily MSW generation from Jaipur city is Approx.1700 MT which reaches to both the dump sites. (Approx. 800 MT at Sewapura and Approx.900MTatMathuradaspura). Proper facility for leachatesCollection and treatment has not been developed on both the sites. Possibility of incidents of fire is there.

(iv) StatePollution Control Board has issued notice to CEO, Municipal Council, Jaipur on 21.02.2023 and 21.07.2023 for the deficiencies observed on Sewapura dump site. Directions under section5 of the EP Act 1986 have been issued to the CEO Municipal Corporation, Jaipur on 14.09.2023for the deficiencies observed at Mathuradaspura dump site.

(v) 350 TPD capacity RDF plant at Langariya was, Tehsil Jamwaramgar hand 250 TPD capacity Compost plant at Sewapura, Tehsil Amer have been established and operative.

(vi) M/s Jindal Urban Waste Management (Jaipur) Ltd., Delhi has obtained Consent to Establish for installation of waste to energy plant. Installation of the plant for processing 700 TPD waste at Langariy was is under progress.

(vii) Daily Municipal Solid Waste generation is approx 1700 MT Present facility for processing is 600 MT (350 TPD-RDF Plan

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