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2024 Supreme(Online)(NGT) 3509
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
Amit Kumar Panchal – Appellant
Versus
CMO, Nagar Palika Parishad Rau – Respondent
Original Application No. 26/2024(CZ)
For the Applicant(s): None
For the Respondent(s): Mr. Prashant M. Harne, Mr. Mehul Bhardwaj, Mr. Anuj Karnatak, Ms. Parul Bhadoria
Historical waste sites predating residential areas upheld; direct compliance with MSW Rules and expedite new facility relocation.
Headnote:Solid Waste Management Rules, 2016; Air (Prevention & Control of Pollution) Act, 1981; Water (Prevention & Control of Pollution) Act, 1974. Applicant alleged open dumping of municipal solid waste, plastic waste, and dead animals at trenching ground near residential colony, causing foul smell, health hazards, and potential groundwater/river pollution. Committee found non-compliance including no source segregation, foul smell from 5000 MT waste, untreated wastewater discharge, but normal groundwater quality; actions included notices, Rs. 852 Lakh environmental compensation, and pending land allotment for new facility. Court noted historical site use predating colonies, directed compliance and expedition of land allotment.
Issues: Whether trenching ground violates environmental laws given residential proximity; responsibility for buffer zones. Ratio: Site established 40 years ago before developments; residents chose proximity despite buffer zone norms under MSW Rules R.3(7); policy matters like land allotment rest with administration; limited space managed via composting, recycling, but full compliance required. Original Application No. 26/2024(CZ) stands disposed of.
| Table of Content |
|---|
| 1. alleged non-compliance with waste rules causing pollution. (Para 1 , 2) |
| 2. respondent's reply on historical site and waste management efforts. (Para 3 , 4 , 5 , 6) |
| 3. arguments on buffer zones and prior land use. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. direct compliance and expedite relocation. (Para 15) |
ORDER
1. The issue raised in this application is noncompliance of the Solid Waste Management Rules, 2016. The contention of the applicant are that Indore is known as one of the cleanest city in India and scored no. 1 and has been found to be compliance of Solid Waste Management Rules. It is very surprising that in such a city the solid waste is being thrown openly in the trenching ground at AB Road, Rau District Indore near the Sanskriti Royal Park Colony. The Solid Waste, Plastic Waste and Municipal Waste are collected by the Municipal Corporation and being dumped here causing foul smell and health hazard to the citizens. It is further submitted that the dead animals are thrown in this place and street dogs picked dead body and throw them hither and thither causing violation of solid waste. The solid waste dumping in the trenching ground during the rainy season may cause the pollution of the underground water and further by flow of the water it is polluting the river water near the city of Indore. The allegation of the applicant is violation of Air (Prevention & Control of Pollution) Act, 1981 and Water (Prevention & Control 2 of Pollution) Act, 1974 and Solid Waste Management Rules, 2016 by the Municipal Corporation, Indore.
2. The matter was taken up by this Tribunal and a committee was constituted consisting one representative from the District Collector, Indore and one representative from the State Pollution Control Board with direction to visit the site and submit the factual and action taken report. In compliance thereof the members of the committee visited the site and submitted the report as follows :
Observations during inspection :
1. Nagar Palika Parishad Rau, District-Indore (M.P.) is collecting municipal solid waste door to door and collected waste is dumped in Rau area, A.B. Road, Sanskriti Royal Park, near Mukti Dham since last many years.
2. Mukti Dham is also located near the trenching ground in left side and a nallah is passing from A.B. road crossing trenching ground. Sanskriti Royal Colony is located in west & south direction adjacent to the trenching ground.
3. Nagar Parishad Rau has not developed solid waste management facility in compliance of Municipal Solid Waste Management Rules 2016 yet. Municipal Solid Waste (MSW) has been dumped at existing trenching ground at A.B. Road Indore near Sanskriti Royal Colony. During inspection municipal solid waste was found dumped and as per the information told during inspection, dead animal are buried in the trenching ground and therefore, foul smell was felt all around in the area.
4. During site inspection foul smell was felt and approx 5000 MT of solid wastes has been found dumped in the trenching ground. Segregation at source is not being carried out and mixed type of MSW was found dumped.
5. Plastic wastes is segregated at trenching ground and the plastic waste is converted into plastic lumps at site within shed. Shredding machine, balling machine and lump converting machine were found installed. However, these were not found operating during inspection.
6. A nallah was passing adjacent to the trenching ground and this meets to the River Saraswati. Nagar Parishad has not constructed sewage treatment plant (STP) so far for treatment of domestic wastewater generating from municipal area. Untreated municipal wastewater is flowing into local nallah, which may cause water pollution in the area.
7. Ground water quality of the surrounding has been tested by the Regional Office, MPPCB Indore. As per analysis report, ground water quality of the area was found normal.
Action Taken Report
1. The Regional Office, M.P. Pollution Control Board (MPPCB) has taken acti
