NGT imposes ‘Polluter Pays’ environmental compensation on local body for SWM Rules non-compliance based on legacy waste quantum, directs penalty under EP Act Section 15, emphasizing mandatory remediation despite partial actions.

ORDER

1. The Original Application was registered in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13SCC 401, on a letter petition dated 17.05.2023, received from Ramesh Mahendru, President, Alfa Mahendru Foundation.

2. The complainant had said that huge garbage has been dumped on the PAP Flyover near Chowgitti Bypass Jalandhar city which is emitting foul smell causing pollution and damaging environment and also creating health hazard situation to the residents.

3. Tribunal took cognizance of the matter on 04.08.2023 and found it appropriate to obtain a Factual Report by constituting a Joint Committee comprising Central Pollution Control Board (hereinafter referred to as ‘CPCB’), Punjab State Pollution Control Board (hereinafter referred to as ‘PSPCB’) and District Magistrate, Jalandhar.

4. Joint Committee submitted its Report dated 02.11.2023 stating that site was visited on 15.10.2023. Its observations in the Report read as under:

a) The dump site falls within the MC limits and is established in an area of about 16.2 acres. The officials of Municipal Corporation, Jalandhar informed that the site is in use for the last about 30 years.

b) The Municipal Corporation, Jalandhar has provided 30 dump trucks and 43 trollies to carry the solid waste to the dump site.

c) At the time of visit about 3 trollies and 03 dump trucks reached the site but none of them was covered.

d) None of the vehicles was compartmentalized. No segregation of waste is being done before sending it to the dump site and no segregation is done at the dump site.

e) No treatment of fresh waste or legacy waste is being carried out. The unsegregated waste received is dumped as such at the site.

f) No weigh bridge has been provided at the dump site to ascertain the waste being received at site.

g) The Municipal Corporation, Jalandhar officials informed that as pera survey carried out in 2019, 08 lacs MT solid waste was present at the dump site and 400-500 MT waste was being received everyday at that time. Considering increase in daily waste generation and accumulation of waste since 2019, the total legacy waste lying at the dump site could be to the tune of 15 lacs MT.

h) No boundary wall or fencing has been provided around the dumpsite and as such waste was found spread outside the dump site on to the road leading to the site.

i) The Kala Sanghian drain passes at around 400 mtr away from the dump site. A lot of waste was found dumped along the bank of Kala Sanghian drain adding to the pollution in the drain.

j) No plantation has been provided around the dump site.

k) No buffer zone has been left by MC Jalandhar around the dumpsite.

l) The piezometers earlier provided for ground water monitoring are buried under the waste and as such sampling of ground water cannot be done. Further, the ground water sampling from piezometers provided near entrance and inside the dump site was earlier carried out by the Board in October 2020 and samples were got analysed from PBTI Lab.

m) As per analysis report, various parameters were found beyond the prescribed limits as tabulated below: