Tribunal mandates time-bound compliance by municipal bodies with SWM Rules for legacy waste remediation, fire prevention at dumpsites, and daily waste processing, imposing environmental compensation for violations.

ORDER

1. This Original Application (hereinafter referred to as ‘OA’) was registered in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in (2022) 13 SCC 401 in Municipal Corporation of Greater Mumbai v. Ankita Singha & Ors. on a letter petition dated 31.03.2023 sent by Davinder Pal Singh, R/o H. No. 94, New Officers Colony, Patiala.

2. Complainant has said that Municipal Corporation, Patiala (hereinafter referred to as ‘MCP’) is violating provisions of Solid Waste Management Rule, 2016 (hereinafter referred to as ‘SWM Rules, 2016’ and orders passed by this Tribunal whereby ban has been imposed on burning of solid waste in open places and bulk waste burning in landfill sites. Moreover, regular fires at Municipal Corporation garbage dump site near Choti Nadi is playing havoc with lives of inhabitants of adjoining colonies and damaging environment.

3. Taking cognizance of complaint on 01.08.2023, Tribunal found it appropriate to constitute a Joint Committee comprising Central Pollution Control Board (hereinafter referred to as ‘CPCB’), Punjab State Pollution Control Board (hereinafter referred to as ‘PPCB’), District Magistrate, Patiala and a representative of Commissioner, Municipal Corporation, Patiala to submit a factual report.

4. Committee was required to submit its report within one month.

5. Pursuant thereto, an action taken report was submitted by Member Secretary, PPCB vide letter dated 12.10.2023, sent vide email dated 05.11.2023. Report refers to other O.As i.e. O.A No. 286/2022, In re: News item published in The Indian Express dated 20th April, 2022, titled “7 Charred to death in fire near Ludhiana dumpsite” and O.A No. 288/2022, In re : News item published in News 18 dated 26.04.2022 titled “Delhi: Massive Fire at Bhalswa Dump Yard, Fourth This Year; 13 Fire Tenders on Spot” wherein issue of fire at solid waste dump sites at Ludhiana and Gazipur, respectively, was raised. It was pointed out that CPCB issued letter dated 26.05.2022 containing directions under Section 5 of Environment Protection Act, 1986 (hereinafter referred to as ‘EP Act, 1986’) for implementation of SWM Rules, 2016 with respect of fire incidents at Municipal Solid Waste dump site, to various State Pollution Control Boards. Report also refers to directions issued by Tribunal in O.A 606/2022 and stated that environmental compensation of Rs. 21 lakhs for the period of 01.07.2020-28.02.2022 was imposed upon MCP for non- compliance of SWM Rules, 2016 and legacy waste remediation. State Government on behalf of MCP deposited only Rs. 09 lakhs towards environmental compensation against Rs. 21 lakhs.

6. Aaditya Dachalwal, Commissioner MC Patiala who is present in Tribunal stated today that even the remaining amount of environmental compensation has been deposited.

7. Report further said that CPCB directions dated 26.05.2022 were forwarded to Department of Local Government, State of Punjab vide PPCB letter dated 19.07.2022 to ensure compliance of said directions. Directions issued by CPCB read as under:-

“1. The Department of Local Government shall provide updated information w.r.t directions dated 01.03.2021 issued by PPCB regarding bio-mining issued to it. It is to be ensured that Updated information w.r.t at least all Metro cities is provided in accordance with Hon'ble NGT Directions.

2. The Department of Local Government to conduct comprehensive risk assessment studies and accordingly prepare detailed On-site Emergency Plan for each dumpsite located in their jurisdiction addressing the foll