The establishment of a waste processing facility must adhere to siting criteria to prevent public health hazards.

ORDER

1. The Applicants in the present Original Application are stated to be the residents of Kalamjote, P.O.-Sushruta Nagar, P.S.-Matigara, District-Darjeeling and are seeking a direction to the Respondents not to proceed with the establishment of Solid and Liquid Waste Management and Processing Plant on the proposed site at Kalamjote and to shift the said Project to any other suitable area in accordance with statutory conditions and criteria provided in the Solid Waste Management Rules , 2016.

2. According to the Applicants, the area where the Solid and Liquid Waste Management and Processing Plant is contemplated is a densely populated residential area at Kalamjote under Matigara-I Gram Panchayat.

3. It is stated that the Gram Panchayat has a population of 34,067 persons as per 2011 census and at present the population is about 50,000. It is stated that the Kalamjote Sansad under the Gram Panchayat is densely and thickly populated having about more than 20,000 people residing in the Kalamjote Sansad alone.

4. It is stated that a plot of land measuring about 3 bighas has been earmarked in Kalamjote for establishment of Solid and Liquid Waste Management and Processing Plant. It is stated that notice of setting up of the said Plant at the site was given by the Respondent Nos.4&5 as admitted by the Applicants in para 15 of the Original Application and the residents were invited to participate in a meeting held on 31.07.2021 for discussion on issues pertaining to the execution of the said scheme.

5. It is stated that the proposed site of the said Waste Processing Plant has the following adverse features:-

a. Residential Area – less than 50 meters,

b. SSKM & ICDS School – around 80 meters,

c. Playground – around 60 meters,

d. PHE Water Plant – just adjacent to the proposed site, and

e. River Balason flows just adjacent to the proposed site and the distance between the two shall not be more than 10 meters.

It is, therefore, sought to be stated by the Applicants that the site in question does not conform to the Siting Criteria as per the Solid Waste Management Rules , 2016.

6. It is stated that Schedule I & II of the Rules, 2016, require that the land fill site, inter-alia, shall be 100 meters away from river, 200 meters from Highways, Habitations, Public Parks and Water Supply Wells and 20 kilometers away from Airports and Airbase. It is, however, stated that the Bagdogra Airport is around 10 kilometers away from the proposed site.

7. It is also stated that the Applicant No.1 and others had filed a WPA (P) No.241 of 2021 (Kiran Chettri & Ors. Vs. The State of West Bengal & Ors.) before the Hon’ble Calcutta High Court by way of Public Interest Litigation (PIL) seeking appropriate directions for establishment of a Solid and Liquid Waste Management Unit at Kalamjote under Matigara-I Gram Panchayat, District-Darjeeling, under ‘Mission Nirmal Bangla’. The said Writ Petition was disposed of by the Hon’ble Division Bench of the High Court by its order dated 11.04.2023 with a direction to the Respondents to take further proposal in the said project and ensure that the Solid and Liquid Waste Management Project is implemented, considering the welfare of the local public. Copy of the order dated 11.04.2023 has been filed as Annexure-P1 to the Original Application which reads as under:-

“11.04.2023 Item No.29 gd/ssd WPA (P) 241 of 2021 KIRAM CHHETRI AND OTHERS VS THE STATE OF WEST BENGAL AND OTHERS Mr. N.C. Bihani, Ms. P.B. Bihani, ..for WBPCB.

Mr. Suman Sengupta, Mr. Rudranil De, Mr. Supratim Dhar, ..for the Respondent No.8.

1. None appears for the petitioners and this is the same