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2024 Supreme(Online)(NGT) 3983
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
MR. SUDHIR AGARWAL, J, DR. AFROZ AHMAD, ACJ
Khildev Singh Rawat – Appellant
Versus
State of Uttarakhand – Respondent
Original Application No.225/2024
For the Appellants/Petitioners: None
For the Respondents: Mr. Mukesh Verma, Ms. Vatsala Tripathi, Mr. Kamal Kumar Pandey, Mr. Surendra Kumar
Compliance with the SWM Rules, 2016 is crucial for environmental protection in municipal projects.
Headnote:In this judgment, the National Green Tribunal analyzes issues under the National Green Tribunal Act, 2010 and the SWM Rules, 2016, concerning a complaint against the establishment of a Solid Waste Disposal Centre violating environmental regulations. The Tribunal finds that the establishment complies with siting criteria while addressing potential health hazards to local residents. The court emphasizes adherence to environmental and statutory requirements during the construction and operational phases of the project. The Original Application is ultimately disposed of with directions for compliance.
| Table of Content |
|---|
| 1. establishment of solid waste management site raises environmental concerns. (Para 1 , 2) |
| 2. tribunal's notice issuance and respondent's impleading process. (Para 3 , 4) |
| 3. compliance with swm rules crucial for site selection. (Para 5 , 10) |
| 4. need for proper environmental clearance and compliance. (Para 11 , 12) |
| 5. final directions issued for compliance and application disposal. (Para 13 , 14) |
ORDER
1. Khildev Singh Rawat and Mahipal Singh, Adyaksh and Mahamantri, respectively of Kapiri Vikas Sangharsh Simiti sent a letter dated 13.08.2023 whereupon this Original Application was registered in exercise of suo-moto jurisdiction in view of law laid by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others , (2022) 13 SCC 401 , under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’).
2. Complainants have said that Nagar Palika Parishad, Karanprayag, District Chamoli, a local body, is establishing a Solid Waste Disposal Centre at a motorable road of Movani Ghadere (springs) at Karanprayag Nanisain Road in utter violation of siting criteria provided in environmental laws; site is just about 100 meters from Pindar river and entire leachate will get discharged in the said river polluting the same. The site is also in rural area and likely to cause environmental damage and health hazard to local residents.
3. Cognizance was taken by Tribunal on 09.05.2024 and after being prima-facie satisfied that a substantial question relating to environment out of implementation of enactments specified in Schedule 1 of NGT Act, 2010 has arisen, Tribunal proceeded to implead following as respondents:
(i) State of Uttarakhand through Principal Secretary, Urban Development, Government of Uttarakhand,
(ii) Member Secretary, Uttarakhand Pollution Control Board and,
(iii) District Magistrate, Chamoli, Uttarakhand.
4. Notices were issued to respondents requiring them to file their responses.
5. Tribunal also found it appropriate to obtain a factual report and constituted a Joint Committee comprisingrepresentatives of Integrated Regional Office, MoEF&CC, Dehradun, Uttarakhand Pollution Control Board and; and, District Magistrate, Chamoli, Uttarakhand.
6. Pursuant to above order dated 09.05.2024, an inspection Report dated 29.06.2024 has been filed by Joint Committee stating that District Magistrate, Chamoli, for Solid Waste Management, has allotted land measuring 0.400 hectares at Khata No. 46, Khasra No. 1342, with a total area of 5.504 hectares Simli, Village Dimmat. The distances from various sites, given in the report are as under:
7. Report further says that for construction of Solid Waste Collection Center, tender process has been started and after taking all necessary steps in accordance with the rules, further action shall be taken but, presently no construction work has commenced, and an application for grant of prior Environmental Clearance (hereinafter referred to as ‘EC’) has been submitted. Observations made in the Joint Committee report are reproduced as under:
ENGLISHTRANSLATION BY TRIBUNAL
During inspection on 14.06.2024, it was found that Municipal Council, Karnaprayag has proposed urban solid waste disposal facility at the site in question, the details of which are as follows:
Vide letter number-681/26-16 (2021-22) Gopeshwar dated 24th November, 2022 of District Magistrate Chamoli, Khasra number-1342 of Khas no. -46 of village Dimmat R.U.N. area Simli, out of 5.504 hectares of land, 0.400 hectares of land has been approved in thename of this body for solid waste management scheme. (Enclosed)Land coordinates- Latitude - 30.253721, Longitude - 79.235800
Details of selected land as per the standards of Solid Waste Management 2016, Tender was published by the body for obtaining approval of Environmental ImpactAssessment (IMA) vide letter no.- 1119/Miscellaneous/NP/2022-2023 dated 03.03.2023 inwhich the minimum tender amount of Rs. 8.50 lakhs of JBB Technocrat
