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2024 Supreme(Online)(NGT) 3451

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Chinmaya Das – Appellant
Versus
State of Odisha – Respondent
Miscellaneous Application No.29/2023/EZ|Original Application No.51/2023/EZ



Advocates:
For the Applicant(s): Suo Motu
For the Respondent(s): Mr. Ashok Prasad, Mr. Partha Sarathi Nayak, Mr. Rajib Ray, Ms. Papiya Banerjee Bihani

Dumping sites must be isolated from aquifers via impermeable layers to prevent leachate-induced groundwater contamination; strict timelines enforced for bio-mining legacy waste, site security, and pollution control measures.

Headnote:(A) Environmental Law - Waste Management - Dumping site near sea beach - Groundwater contamination due to leachates containing NO3 and PAH - Tribunal directs isolation of dumpsite from aquifer by impermeable layers, completion of bio-mining of legacy waste by specified date, construction of boundary wall, installation of CCTV, shifting of unauthorized colonies, zero reliance on groundwater extraction, and daily eradication of foul odour through spraying per SOP. (Paras 4, 10, 14, 20)

(B) Pollution Control - Monitoring compliance - Pollution Control Board directed to inspect site, verify bio-mining, boundary wall, odour control, and suggest environmental compensation for lapses. (Paras 7, 8, 9, 10, 21)

Facts of the case:
Application concerns burning of waste and improper disposal at dumping site 50-100 meters from sea beach, leading to air pollution, foul odour, and groundwater contamination confirmed by survey showing exceedance of NO3, PAH, Fe, and Pb limits proximal to site. Prior order mandated remedial steps; compliance affidavits filed showing partial progress in bio-mining (186637 MT processed, 40000 MT remaining), boundary wall under construction, and efforts for slum relocation under relevant land rights law.

Findings of Court:
Groundwater contaminated by leachates; dumpsite to be isolated by impermeable layers. Bio-mining of remaining legacy waste to complete by 31.05.2025; boundary wall completion within stipulated time; Action Taken Reports by 15.07.2025.

Issues: Whether groundwater contamination linked to dumpsite leachates; compliance with prior directions on waste treatment, security measures, odour control, and colony shifting.

Ratio Decidendi: Dumping sites must prevent leachate percolation through impermeable barriers; authorities bound to timelines for legacy waste remediation, site securing, and pollution mitigation, with oversight by Pollution Control Board for enforcement and penalties.

Result: Directions issued for completion of remedial measures; Pollution Control Board to report compliance by 15.07.2025.

Table of Content
1. background of waste burning complaint and prior directions (Para 1 , 2)
2. groundwater contamination from dump leachates confirmed (Para 3 , 4)
3. relocation of encroachers and boundary wall construction (Para 5 , 6 , 11 , 12 , 13 , 14 , 15 , 16)
4. bio-mining legacy waste and odour control measures (Para 7 , 8 , 9 , 10)
5. waste processing facilities and alternate site development (Para 17 , 18 , 19)
6. final compliance directions and closure (Para 20 , 21 , 22 , 23)

ORDER

1. Affidavit dated 15.02.2025 has been filed by the Chief Secretary, Government of Odisha; the same is taken on record.

2. Heard learned Counsel for the parties.

(Final order of the said case will be uploaded in NGT website by separate sheets of paper).

ORDER

1. The Original Application No.51/2023/EZ was filed by the Applicant therein seeking a direction to the State Authorities to prevent burning of waste and for taking steps for proper disposal/recycling of plastic and polythene wastes. The allegation further was that within the jurisdiction of the Puri Municipality, there is a dumping area known as Baliapanda dumping area which is situated just about 50-100 meters away from Puri Sea Beach. It was stated that the said dumping area is used as Material Recovery Facility and there are about nine Micro Composting Centers. It was further alleged that large amount of municipal waste of Puri town is dumped on this land to be used as compost. However, waste is being burnt thereby completely polluting the nearby areas of Balisahi, Gourbat Sahi, Swargadwar and Baliapanda.

2. The said Original Application was disposed of by this Tribunal vide its order dated 12.07.2023 with the following directions:-

“9. Thus, from the affidavit of the Executive Officer, Puri, and the Collector, Puri, we find that though steps are being taken by the Puri Municipality, towards protection of the environment and treatment of the waste at the dumping site, matter relating to unauthorized colonies close to the dumping site needs to be addressed.

A direction is, therefore, issued to Puri Municipality, to take steps for shifting the said unauthorized colony from the vicinity of the dumping site to some other place in accordance with law in order to curb incidents of persons throwing burning cigarettes or other inflammable material into the dumping site leading to fires. The Puri Municipality, is also directed to install CCTV Cameras covering the entire dumping site within three months to check unauthorized entry of vagrants and others into the dumping site and if such persons are found near the dumping site or starting fires, criminal action shall be immediately taken against such persons.

10. The Inspection Report also mentions that survey by the Central Ground Water Board (CGWA), needs to be carried out to ascertain incidents of contamination of ground water.

We, therefore, direct the Central Ground Water Board, Bhubaneswar, to take immediate steps to carry out study/survey of the ground water in the area within two months to ascertain if there is any contamination due to the existence of the dumping site and if the same is found remedial action shall immediately be suggested to the Odisha State Pollution Control Board and other State authorities for implementation of action to prevent such contamination.

11. We find that though the Central Ground Water Board, Bhubaneswar, has been deleted from the array of Respondents by the order of the Tribunal dated 15.05.2023 but in view of the observations in the Inspection Report, we are issuing the above directions to the Central Ground Water Board.

12. We are issuing this direction to the Central Ground Water Board even though in the Inspection Report, it is mentioned that Odisha Coastal Zone Management Authority (‘OCZMA’ for short) is taking care of Sweet Water Zone and that drawl of ground water is prohibited in CRZ-II area of Puri, in pursuance of the order issued by the OCZMA on 16.09.2017 under Section 5 of the Environment (Protection) Act

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