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2025 Supreme(Online)(NGT) 1126

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, JM, Dr. Arun Kumar Verma, EM
Babul Ali – Appellant
Versus
State of West Bengal & Ors. – Respondent
Original Application No.57/2025/EZ



Advocates:
For the Respondents: Mr. Sudip Kumar Dutta, Mr. Sibojyoti Chakrabarti

Environmental authorities must ensure solid waste management projects comply with health standards and community safety, directing relocation if necessary.

Headnote:(A) Environmental Laws - The Solid Waste Management Rules, 2016 - Allegations of health hazards and illegal installation of solid waste management project in a dense residential area - The NGT ordered a change in location to comply with environmental norms within one year - A directive for regular inspections by the West Bengal Pollution Control Board was also issued. (Paras 15, 16)

(B) Appeal - No party appeared for the Applicant at the hearing which raises procedural concerns regarding representation and accountability for community health issues.

Facts of the case:
The application stemmed from a letter petition alleging the unlawful installation of a solid waste management project, resulting in severe health issues for local residents. The community expressed concerns about pollution and the spread of diseases due to improper waste disposal practices.

Findings of Court:
The court recognized the applicant's apprehensions about public health hazards but noted that the project thus far showed compliance with segregation and processing methods. The facility is adjacent to a school, causing further unease.

Issues: Determining the legality of the project’s location and ensuring compliance with environmental guidelines were primary concerns.

Ratio Decidendi: The court mandated the relocation of the facility to an environmentally suitable area while ensuring that future operations adhere strictly to waste management regulations.

Result: Application disposed with directions for compliance and inspection.

Table of Content
1. allegations regarding the solid waste management project impacting community health. (Para 2 , 3 , 4)
2. inspection report of the solid waste management project established compliance with some regulations. (Para 5 , 6 , 8 , 12)
3. court ordered the relocation of the project to comply with environmental standards. (Para 15 , 16)

ORDER

1. Case called out. No one is present on behalf of the Applicant although the Applicant was present (in Virtual Mode) on 07.04.2025.

2. Affidavit dated 02.07.2025 has been filed on behalf of the Respondent No.3, West Bengal Pollution Control Board ; the same is taken on record. Mr. Sibojyoti Chakarbarti, learned Counsel appearing for the Respondent No.3, informs that copy of the affidavit has already been served upon the Applicant on his email address babulali.cob@gmail.com which was given in his letter petition.

3. The Applicant has filed submissions vide email dated 09.07.2025 with reference to the Inspection Report of inspection carried out on 12.06.2025.

4. Heard Mr. Sudip Kumar Dutta, learned Counsel appearing (in Virtual Mode) for the State Respondents, Government of West Bengal and Mr. Sibojyoti Chakrabarti, learned Counsel for the Respondent No.3, West Bengal Pollution Control Board.

ORDER

1. The present Original Application has been registered on the basis of a letter petition dated 06.02.2025 sent by post to the Office of the National Green Tribunal, Eastern Zone Bench, Kolkata by the Applicant, Sh. Babul Ali (social activist) on behalf of other victimized and affected neighbours, resident of Jilipir Tol, adjacent with Mora Torsha River, Village- Baburhat Booth Part No.142, Kharimala Khagrabari Mauza, PS- Kotwali, PO- Nilkuthi, Dist- Coochbehar, West Bengal – 736156.

2. The allegation in the letter petition is that a “Solid Waste Management Project” has been established in a thickly and densely populated area of Baburhat, Kharimala Khagrabari Mouza, Near Ramkrishna Pally, adjacent to the boundary wall of Kendriya Vidyalaya Cooch Behar, Katagach Tola (Jilipir Tol), Booth Part no. 142 under Guriahati – I Gram Panchayat under Cooch Behar – I Block, P.S. Kotwali, P.O. Nilkuthi, District – Cooch Behar, West Bengal, Pin- 736156.

3. It is alleged that the said “Solid Waste Management Project” had been set up on the plot of land being Dag numbers 737, 738, 739 etc. illegally and it is prayed that the same may be closed down since the villagers residing in the vicinity are suffering severely from the poisonous bad odour, pollution and several diseases like Diarrhea, Dengue fever etc., besides that, infant babies and old aged persons are also suffering from the above noted diseases caused by virus or poison which are germinating and spreading through the houseflies and dreadful mosquitoes from above noted dumping ground.

4. It is alleged that JCB excavator has been used to dig a huge garbage pit in which poisonous garbage items and debris, molasses etc. are being dumped. The letter petition dated 06.02.2025 reads as under:-

“Hon’ble Sir,

With due respect, I on the behalf of affected and victimized neighbours of above noted dumping ground do hereby state as follows:-

1. That Hon’ble Sir, we beg to inform you that the above noted Dumping ground which have been newly, illegally, intentionally and forcefully installed in a thickly populated area and over flood affected area of above noted location which is mentioned in the subject to this petition. It should be installed at zero populated area/desolate area.

2. That Hon’ble Sir, the BL & LRO of Cooch Behar – I Block, Dhaluabari, P.O. Ghugumari, District – Cooch Behar, West Bengal, Pin – 736170 which has been intentionally, illegally and forcefully selected and illegally allotted the plot of land for installation of above noted dumping ground in the name of Solid Waste Management Project which is covered by the Dag numbers are 737, 738, 739 etc under Kharimala Khagrabari Mouza, Near Ramkrishna Pally, adjacent with boundary wall of Kendriya Vidyalay

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