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2024 Supreme(Online)(NGT) 3690
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Haripriya Patel – Appellant
Versus
Department of Environment and Forest, Government of Odisha – Respondent
Original Application No.21/2024/EZ
For the Applicant(s): Haripriya Patel
For the Respondent(s): Papiya Banerjee Bihani, Dipanjan Ghosh, Rajib Ray
NGT suo-motu action on garbage dump hazards upheld Committee findings on waste processing progress, imposed timelines for legacy waste clearance and infrastructure upgrades, disposing application upon satisfactory compliance measures.
Headnote:(A) National Green Tribunal Act - Suo-motu Original Application - Solid Waste Management Rules, 2016 - Environmental pollution from garbage dumps - Temporary Transit Station accumulating legacy waste near educational institutions - Siting criteria violation alleged - Fact-finding Committee inspected site, verified waste quantities, distances, processing capacities, and compliance measures - Tribunal directed timelines for legacy waste processing and capacity enhancements. (Paras 3-10)
(B) Municipal Solid Waste Management - Decentralized model with micro composting centres and material recovery facilities - Processing of wet/dry waste, RDF co-processing in cement kilns, biomining of legacy dumps - Directions for leachate management, RDF disposal, emergency plans during monsoons, and monthly compliance reporting. (Paras 5-8, 11-17)
Facts of the case:
Suo-motu application initiated on news report highlighting stench and health hazards from garbage dump at Temporary Transit Station near schools, with 54,000 tonnes waste accumulation amid daily generation exceeding processing capacity; Committee report detailed waste management practices, legacy waste processing progress, and future plans.
Findings of Court:
Legacy waste processing at site substantially advanced with remaining quantities minimal; biomining of larger dumpsite ongoing with targets set; enhanced facilities including bio-methanation and MRF plants planned or operational; civil designs for leachate collection to be modified.
Issues: Verification of allegations on waste accumulation, odour impact near schools, compliance with waste management rules, timelines for legacy waste clearance, and adequacy of processing infrastructure for projected waste growth.
Ratio Decidendi: Tribunal accepted Committee findings noting improvements in waste processing, directed completion of legacy waste processing by 31.03.2026 and additional MRF by 31.12.2024 with compliance affidavits; steps taken sufficient to address concerns without further adjudication.
Result: Original Application disposed of with directions.
| Table of Content |
|---|
| 1. complaint on garbage dump stench prompting suo-motu action. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. committee verifies legacy waste and site conditions. (Para 8 , 9 , 10) |
| 3. bmc's waste management capacity and processing details. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. directions for timelines on facilities and compliance. (Para 17 , 18) |
| 5. application disposed with issued directions. (Para 19 , 20 , 21) |
ORDER
1. Affidavit dated 06.06.2024 has been filed by the Respondent No.4, Bhubaneswar Municipal Corporation; the same is taken on record.
2. The Applicant, Smt. Haripriya Patel, who is appearing in person, is connected through the Virtual Mode but is not responding to any of our queries.
3. The Original Application was taken up suo-motu on a complaint submitted by one Smt. Haripriya Patel, stated to be residing at 106, Lumbini Enclave Chandrasekharpur near Care Hospital, Bhubaneswar – 751021, Odisha, bringing to the notice of the Tribunal an article published in ‘the Times of India’ on 15.12.2023 under the heading “Stench from garbage dump at TTS a health hazard: Experts”.
4. The news article has been placed on record which mentions that there is a huge garbage dump at Temporary Transit Station (TTS) of Bhubaneswar Municipal Corporation near Sainik School. The article further mentions that there is at least 54,000 tonnes of garbage deposited at the site in question. The handling capacity of waste of Bhubaneswar city is 300 tonnes per day whereas the city now generates about 700 tonnes of waste which during monsoon crosses 800 tonne mark.
5. In the article, it is stated that 36 Micro Composting Centers (MCCs) and 22 Material Recovery Facilities (MRF) have been installed for processing 250-300 tonnes of dry and wet waste at ward level through door-to-door collection for which the Bhubaneswar Municipal Corporation has roped in seven NGOs with a fleet of 400 vehicles.
6. It is stated that the rest of the waste is mixed garbage mostly dumped by bulk waste generators at random places and collected by private agencies engaged in bringing it to the TTS near Sainik School. It is also alleged that the bulk waste is generated mostly by hotels, eateries, commercial buildings and industries as well as apartments which do not follow the BMC’s norms of waste segregation and garbage handover norms.
7. It is further stated that the windows of Sainik School and Kendriya Vidyalaya have to be kept closed to protect students from the smell and odour and ill-effects of the garbage dumping site which is located less than 100 meters away in violation of the Siting Criteria.
8. Affidavit dated 30.03.2024 has been filed by the Respondent No.2, Odisha State Pollution Control Board and along with this affidavit an Inspection Report of the Committee constituted by the Tribunal has been filed. The Inspection Report reads as under:
“REPORT OF THE COMMITTEE BEFORE THE HON‟BLE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA IN THE MATTER OF ORIGINAL APPLICATION NO.21/2024/EZ
1. Background:
The present Original Application is being taken up suo-motu on a complaint submitted by one Smt. Haripriya Patel stated to be residing at 106, Lumbini Enclave Chandrasekharpur near Care Hospital, Bhubaneswar – 751021, Odisha, bringing to the notice of the Tribunal an article published in „the Times of India‟ on 15.12.2023 under the heading “Stench from garbage dump at TTS a health hazard:
Experts”, Hon‟ble NGT has passed an order on 31.01.2024, the relevant portion of which is reproduced as under:
“In order to elicit the veracity of the allegations made, we deem it appropriate to constitute a fact-finding Committee comprising of the following Members:-
i. Senior Scientist, Odisha State Pollution Control Board,
ii. Senior Scientist, Central Pollution Control Board, and
iii. Senior Scientist/Environmentalist, Bhubaneswar Municipal Corporation, Bhubaneswar The Committee shall inspect the site in question and submit its Report within four weeks on affidavit regarding the allegatio
