Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 3427

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Kiran Chettri – Appellant
Versus
State of West Bengal – Respondent
Original Application No.34/2024/EZ

Advocates:
For the Applicant(s): None
For the Respondent(s): Sudip Kumar Dutta|Dibyendra Narayan Ray|Dipanjan Ghosh

Siting criteria under Solid Waste Management Rules, 2016 apply to waste processing facilities as integral to landfills; site <200m from habitation violates rules, mandating removal.

Headnote:(A) Solid Waste Management Rules, 2016 - Rule 3(22), Rule 19, Schedule I - Siting criteria - Waste processing facilities - Definition of “facility” includes establishments for segregation, recovery, storage, collection, recycling, processing, treatment or safe disposal - Such facilities must be planned as integral part of landfill sites - Siting criteria under Schedule I (A)(vii) requires landfill sites to be at least 200 meters from habitations, 100 meters from rivers - Criteria apply to waste processing facilities - Proposed site less than 200 meters from habitation and less than 100 meters from river violates siting criteria - Respondents’ contention that no siting criteria exist for waste processing facilities is misconceived and contrary to Rules - Directions issued to remove constructed waste storage facility and restrain further construction. (Paras 18, 24-33)

(B) Environmental Law - Statutory interpretation - Suitability of land foundational for setting up waste processing facilities - Department responsible for providing “suitable” land - Local authorities cannot ignore statutory siting criteria under guise of advanced technology or absence of landfill. (Paras 27-29)

Facts of the case:
Residents challenged proposed solid and liquid waste management processing plant in densely populated area, alleging violation of siting criteria under Solid Waste Management Rules, 2016 - Site within 50 meters of residential area, 80 meters from school, 60 meters from playground, adjacent to water plant and 10 meters from river - Respondents claimed site suitable, no landfill involved, eco-friendly technology to be used, located in non-residential zone more than 100 meters from village - Pollution Control Board inspection confirmed site less than 100 meters from village.

Findings of Court:
Site violates siting criteria as less than 200 meters from habitation and close to river - Waste processing integral to landfill facilities - Existing waste storage structure to be removed - No further construction permitted.

Issues: Whether siting criteria under Solid Waste Management Rules, 2016 apply to waste processing facilities; whether proposed site complies with distance requirements from habitations and rivers.

Ratio Decidendi: Siting criteria in Schedule I apply to waste processing facilities as integral part of landfill sites per definition of “facility” - Violation where site less than 200 meters from habitation - Statutory suitability requirement mandatory.

Result: Application allowed - Respondents restrained from proceeding with project at site - Existing structures to be removed - Compliance report by 31.10.2024.

Table of Content
1. applicants oppose waste plant in residential area. (Para 1 , 2 , 3 , 4)
2. site violates solid waste rules siting criteria. (Para 5 , 6)
3. prior high court directed project implementation. (Para 7)
4. rule 19 outlines state duties for facilities. (Para 8 , 9)
5. respondents claim eco-friendly processing without landfill. (Para 10 , 11 , 12 , 13)
6. wbpcb inspection notes non-landfill processing. (Para 14)
7. court reviews affidavits and hears arguments. (Para 15 , 16 , 17)
8. rules define facility including processing sites. (Para 18 , 19 , 20 , 21 , 22)
9. processing integral to landfill siting criteria. (Para 23 , 24 , 25 , 26 , 27)
10. suitability foundational for waste facilities. (Para 28 , 29 , 30)
11. site <200m from habitation violates rules. (Para 31 , 32)
12. restrain construction; remove existing facility. (Para 33)
13. dm ensures compliance; oa disposed. (Para 34 , 35 , 36 , 37)

ORDER

1. The Applicants in the present Original Application are stated to be the residents of Kalamjote, P.O.-Sushruta Nagar, P.S.-Matigara, District-Darjeeling and are seeking a direction to the Respondents not to proceed with the establishment of Solid and Liquid Waste Management and Processing Plant on the proposed site at Kalamjote and to shift the said Project to any other suitable area in accordance with statutory conditions and criteria provided in the Solid Waste Management Rules, 2016.

2. According to the Applicants, the area where the Solid and Liquid Waste Management and Processing Plant is contemplated is a densely populated residential area at Kalamjote under Matigara-I Gram Panchayat.

3. It is stated that the Gram Panchayat has a population of 34,067 persons as per 2011 census and at present the population is about 50,000. It is stated that the Kalamjote Sansad under the Gram Panchayat is densely and thickly populated having about more than 20,000 people residing in the Kalamjote Sansad alone.

4. It is stated that a plot of land measuring about 3 bighas has been earmarked in Kalamjote for establishment of Solid and Liquid Waste Management and Processing Plant. It is stated that notice of setting up of the said Plant at the site was given by the Respondent Nos.4&5 as admitted by the Applicants in para 15 of the Original Application and the residents were invited to participate in a meeting held on 31.07.2021 for discussion on issues pertaining to the execution of the said scheme.

5. It is stated that the proposed site of the said Waste Processing Plant has the following adverse features:-

a. Residential Area – less than 50 meters,

b. SSKM & ICDS School – around 80 meters,

c. Playground – around 60 meters,

d. PHE Water Plant – just adjacent to the proposed site, and

e. River Balason flows just adjacent to the proposed site and the distance between the two shall not be more than 10 meters.

It is, therefore, sought to be stated by the Applicants that the site in question does not conform to the Siting Criteria as per the Solid Waste Management Rules, 2016.

6. It is stated that Schedule I & II of the Rules, 2016, require that the land fill site, inter-alia, shall be 100 meters away from river, 200 meters from Highways, Habitations, Public Parks and Water Supply Wells and 20 kilometers away from Airports and Airbase. It is, however, stated that the Bagdogra Airport is around 10 kilometers away from the proposed site.

7. It is also stated that the Applicant No.1 and others had filed a WPA (P) No.241 of 2021 (Kiran Chettri & Ors. Vs. The State of West Bengal & Ors.) before the Hon’ble Calcutta High Court by way of Public Interest Litigation (PIL) seeking appropriate directions for establishment of a Solid and Liquid Waste Management Unit at Kalamjote under Matigara-I Gram Panchayat, District-Darjeeling, under ‘Mission Nirmal Bangla’. The said Writ Petition was disposed of by the Hon’ble Division Bench of the High Court by its order dated 11.04.2023 with a direction to the Respondents to take further proposal in the said project and ensure t