Back
2024 Supreme(Online)(NGT) 4094
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
PRAKASH SHRIVASTAVA, Chairperson, A. SENTHIL VEL, Expert Member
NEWS ITEM TITLED "NCR SEES SECOND LANDFILL FIRE IN 3 DAYS THIS TIME IN BANDHWARI" APPEARING IN THE TIMES OF INDIA DATES 24.04.2024 VS
Original Application No. 492/2024
For the Respondents: Rahul Khurana
Dr. Abhishek Atrey, Jyoti Verma
Saurabh Balwani
Mandate strict compliance with CPCB landfill fire prevention guidelines under Environment (Protection) Act to minimize environmental damage.
Headnote:The Environment (Protection) Act, 1986 (Section 5) and Solid Waste Management Rules, 2016 govern landfill management, with CPCB issuing directions on 26.05.2022 for biomining, risk assessments, emergency plans, and fire prevention measures at MSW dumpsites. News item revealed multiple fire incidents at Bandhwari landfill in Gurugram, receiving 1778 TPD waste from Gurugram and Faridabad, with only 20% land reclaimed via biomining started in 2020; fires cause haze, biodiversity threats, and health hazards. Court finds lapses in compliance despite claims, noting nine fires between April-October 2024 and persistent hot spots from methane and oxygen. Key issues: Whether CPCB directions for on-site emergency plans, methane monitoring, waste compacting, CCTV, fire tenders, and mock drills are implemented to prevent fires. Ratio: Large number of fires indicates improper management causing environmental damage; preventive steps like legacy waste clearance and prompt fire response essential, with CPCB interim measures mandatory (e.g., no fresh/organic waste dumping, gas detectors, temperature checks 35-59°C). OA disposed with directions to Municipal Corporation Gurugram for full CPCB compliance to minimize fires; HSPCB to consider Environmental Compensation within three months.
| Table of Content |
|---|
| 1. suo motu oa on recurrent bandhwari landfill fires. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. lapses in cpcb fire prevention guidelines compliance evident. (Para 7 , 8 , 9 , 12 , 13 , 14 , 15 , 16) |
| 3. mitigation measures by authorities reviewed. (Para 10 , 11) |
| 4. directions for compliance and ec consideration issued. (Para 17 , 18 , 19) |
ORDER
1. This original application is registered suo-moto on the basis of news item disclosing a massive fire incident at Bandhwari landfill in Gurugram.
2. News item published on 24.04.2024 had disclosed that it was the fourth fire incident reported in Bandhwari landfill in the month of April and that a thick haze had engulfed the villages around Bandhwari on account of fire incident and such fire incidents in landfill site are threat to bio-diversity and pose danger to health hazard of the citizens.
3. Tribunal on 25.04.2024 had taken up the matter suo-moto, impleaded the concerned respondents and issued notices to them.
4. Replies on behalf of respondents have been received.
5. Reply of Central Pollution Control Board (CPCB) dated 16.07.2024 discloses that dumpsite in Bandwari, Gurugram, is positioned at latitude 28.4037295 and longitude 77.1682667, that dump site is in existence for last 13 years, dump site had initial waste volume of 44 lakh Metric Tonnes (MT) with height of 41 meters and are of about 30 acres. The present height of the Bandhwari landfill is 19 meters, with a total waste volume of 14 lakhs MT. Bandhwari dumpsite receives solid waste from both Gurugram and Faridabad. Gurugram contributes an average of 1,008 tons per Day (TPD), while Faridabad contributes 770 TPD to the dump site. Hence, a total of 1,778 TPD is added to the Bandwari landfill site every day. The report of the CPCB discloses that through bio-mining, which started in September 2020, only 20% of the land has been reclaimed so far. Report further discloses that waste composition at the bio-mining site of Bandhwari dump site includes 50% inert materials (construction waste, wood, glass, etc.), 25% organic compostable matter, 15% RDF (primarily plastics), and 5% each of C&D debris and other miscellaneous materials.
6. Action taken report of respondent no.4-Commissioner Municipal Corporation, Gurugram dated 13.12.2024 discloses that following nine fire incidents at different locations of sanitary landfill Site at Bandhwari, Gurugram took place between 22.04.2024 to 24.10.2024:-
i. Date: 22/04/2024 Time: around 8.00 PM (Extinguished within 3 hours)
ii. Date: 22/04/2024Time: around 8.00 PM (Extinguished within 3 hours)
iii. D ate: 21/05/2024 Time: around 03:10 PM (Extinguished within 5 hours)
iv. Date: 29/05/2024 Time: around 03:00 PM (Extinguished within 30 minutes)
v. D ate: 01/06/20224 Time: around 01:20 PM (Extinguished within 14 hours)
vi. Date: 04/06/2024 Time: around 03:00 PM (Extinguished within 2 hours)
vii. Date: 09/06/20224 Time: around 03:40 PM (Extinguished within 4 hours)
viii. Date: 12/10/20224 Time: around 03:20 PM (Extinguished within 4 hours)
ix. Date: 24/10/20224 Time: around 12:45 PM (Extinguished within 2 hours)”.
7. Such large number of fire incidents at landfill site indicate improper management of landfills and such incidents also cause environmental damage.
8. CPCB has issued directions under Section 5 of the Environment (Protection) Act, 1986, on 26.05.2022 for the implementation of Solid Waste Management Rules, 2016 regarding fire incidents at MSW dumpsites. CPCB, on 26.05.2022 has issued the following directions under Section 5 of the Environment (Protection) Act, 1986:
“NOW THEREFORE, in view of above and in exercise of powers vested under section 5 of Environment (protection) Act, 1986 to the Chairman, Central Pollution Control Board (CPCB) the following directions are issued for compliance;
i. Provide updated information w.r.t Directions dated 27.1.21 regarding biomining issued to SPCBs/PCCs. It is to be ensured that updated information w.r.t at least all Metro cities is provided in accordance with NGT
