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2024 Supreme(Online)(NGT) 4423

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Arun Kumar Verma, EM
Subhas Datta – Appellant
Versus
State of West Bengal – Respondent
Original Application No.85/2024/EZ



Advocates:
For the Applicant(s): Mr. Subhas Datta
For the Respondents: Mr. Rajib Ray, Ms. Paushali Banerjee, Mr. Dipanjan Ghosh, Mr. Sandipan Banerjee, Ms. Amrita Pandey

The court mandated strict compliance with Municipal Solid Waste Management regulations to address public health concerns and environmental standards.

Headnote:(A) Municipal Solid Waste (Management and Handling) Rules, 2016 - The Applicant alleged poor Solid Waste Management in Howrah leading to health hazards due to garbage accumulation causing severe public inconvenience. (Paras 1, 2, 28, 30)

(B) Compliance - The Howrah Municipal Corporation is directed to address the issues raised including garbage collection and compliance with waste management rules, illustrating severe shortcomings in current practices. (Paras 2, 27, 29)

Facts of the case:
The Applicant claims that solid waste is improperly managed in Howrah, resulting in unsanitary conditions and public nuisance, with photographic evidence supporting the allegations of garbage dumping in open areas.

Findings of Court:
The court emphasizes the necessity for the Howrah Municipal Corporation to ensure all garbage is cleared and compliance with applicable waste management rules within specified timelines.

Issues: The main issues include inadequate waste management practices, failure to comply with legal obligations, and the establishment of effective garbage disposal mechanisms.

Ratio Decidendi: The court held that compliance with Municipal Solid Waste Management rules is imperative for public health and environmental safety, mandating immediate corrective measures.

Result: Original Application No.85/2024/EZ is disposed of with specific directives for compliance.

Table of Content
1. allegations of poor waste management affecting public health. (Para 1 , 2)
2. photographic evidence showing inadequate garbage disposal. (Para 3 , 24)
3. implementation plans by municipal authorities for waste management. (Para 4 , 5 , 11)
4. court directives for compliance with waste management regulations. (Para 28 , 29)

ORDER

1. The present Original Application has been filed by the Applicant, seeking a direction, inter-alia, to the Respondents to take all steps and measures to ensure dumping and disposal of Municipal Solid Waste as per Municipal Solid Waste (Management and Handling) Rules, 2016.

2. The allegation of the Applicant is that in the city of Howrah garbage is found dumped in open drains and scavengers are daily removing such waste which has almost become a slurry; day to day life in the city of Howrah has become unbearable due to poor Solid Waste Management; due to accumulation of garbage in open drains of the city, flow of water of those drains gets obstructed causing sewage water accumulation during rains and this water also enters inside the courtyards of many residents in low lying areas.

3. Photographs in support of the allegations have also been filed as Annexure-P/3 (at pages 25 to 58) to the Original Application, which show absolutely horrible and dirty filthy condition of the various areas of Howrah such as – Sandhaya Bazar, Panchanantala Road near Belilious Lane Point, Howrah, Panchanantala Road, near Gora Bazar, Howrah, Nityadhan Mukherjee Road, Howrah, J. Road, Belgachia Dumping Ground, Howarh, Western Road side of the Belilious Park, Howarh, Kajipara to Nabanna, State H.Q. at Howrah, Chatterjee Hat Bazar, Howrah, G.T. Road Sandhya Bazar, Howrah, G.T. Road near Shibpur Bazar, Howarh, Belilious Lane, Howrah.

4. The District Magistrate, Howrah, Respondent No.5, has filed affidavit dated 24.05.2024 stating that in compliance of the order of the Tribunal dated 24.04.2024, a review meeting with the Urban Local Bodies under Howrah District was held on 09.05.2024 with regard to compliance of the Municipal Solid Waste (Management & Handling) Rules, 2016. Copy of the minutes of the meeting held on 09.05.2024 has been filed at page no.68 of the paper book, and on the last paragraph it is stated that “In the meeting none of the Municipal Bodies requested the District Administration to allocate of suitable land for setting up of processing and disposal facilities for solid waste. However, the District Administration will take up the matter earnestly if such proposals are received.”

5. The Howrah Municipal Corporation, Respondent No.6, has filed affidavit dated 11.06.2024 stating that Segregated Waste Collection Services at sources are currently operational in 11 wards, namely, Ward Nos.8, 11, 13, 17, 18, 29, 33, 40, 42, 43 and 44; plans are in place to extend the services to additional 14 wards, specifically Ward Nos.2, 3, 4, 5, 9, 10, 21, 25, 26, 27, 28, 32, 34, 37 and 38 by September, 2024.

We, therefore, presume that the Segregated Waste Collection Services would have been extended to these areas by now.

6. In the affidavit, it is further stated that these services will be implemented in all 50 wards under the Howrah Municipal Corporation within the current financial year. It is also stated that presently garbage collection operations are being conducted in the rest 39 wards out of 50 wards of the Urban Local Bodies in conventional mode where unsegregated Municipal Solid Waste is being transported to Secondary Collection Points (VAT) before being deposited at the Belgachia Dumping Ground on daily basis; identified garbage vulnerable points at secondary collection sites are regularly monitored and waste is systematically cleared from these locations; Ganga Ghats are cleaned regularly and idol structures are removed during relevant periods; water is sprayed on city roads using sprinkler vehicles; and waste collection operations are being managed throughout the Howrah Municipal Corporation area facilitat

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