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2024 Supreme(Online)(NGT) 3781

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
HON’BLE MR. SHEO KUMAR SINGH, J, DR. AFROZ AHMAD, ACJ
Amit Kumar Panchal – Appellant
Versus
CMO, Nagar Palika Parishad Rau – Respondent
Original Application No. 26/2024(CZ)



Advocates:
For the Appellants/Petitioners: None
For the Respondents: Mr. Prashant M. Harne, Adv., Mr. Mehul Bhardwaj, Adv., Mr. Anuj Karnatak, Ms. Parul Bhadoria, Adv.

Local authorities must adhere to solid waste management regulations, even if facilities have historical significance, ensuring public health and environmental safety.

Headnote:(A) Solid Waste Management Rules, 2016 - Air (Prevention & Control of Pollution) Act, 1981 - Water (Prevention and Control of Pollution) Act, 1974 - Noncompliance of solid waste management by municipal authority leading to health hazards and environmental concerns addressed in application. (Paras 1 to 4)

(B) Compliance Measures - Tribunal directs the municipal authority to install dedicated solid waste management facilities, maintain compliance with Solid Waste Management Rules, and expedite land allotment for proper waste management. (Paras 11 to 15)

Facts of the case:
The applicant raised grievances regarding the open dumping of solid waste in a trenching ground, causing pollution and health hazards. They allege noncompliance with solid waste management regulations by the Nagar Palika Parishad.

Findings of Court:
The court did not find sufficient grounds to relocate the existing waste facility but emphasized adherence to waste management rules and timely action from authorities to address compliance issues.

Issues: The main issues were the adequacy of action taken by the municipal authority regarding solid waste management and the suitability of the waste facility location.

Ratio Decidendi: The court held that local authorities must comply with waste management regulations while considering the historical context of the waste facility's location.

Result: The application is disposed of with directions for compliance.

Table of Content
1. noncompliance with solid waste rules leads to health hazards. (Para 1)
2. observations on waste management practices. (Para 2 , 3 , 4 , 5 , 6 , 10)
3. court's instructions for compliance and facility improvement. (Para 7 , 11 , 12 , 14)

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 . 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 , 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 action against the Nagar Parishad Rau and instructed time to time to take preventive action to control foul smell and proper dis

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