The right to a clean environment is recognized as integral to the fundamental right to life, necessitating strict compliance with waste management laws by local authorities.

JUDGMENT

1. Issue raised in this application is compliance of Solid Waste Management Rules , 2016. It is alleged that the landfill site established by the Municipal Council of Shivpuri shares the boundary with the Circle Jail and is in close proximity to the CIAT School of the Central Reserve Police Force, and the Abadi area of Barodi, Ward No. 16 of Shivpuri Municipal area. The waste at the landfill site is dumped directly without any segregation, violating provisions of the , 2016. Such violations result in large mounds of waste that catch fire on several occasions leading to great difficulty to all citizens in the area. Further, there is no fence or boundary wall or gate around the site which leads to stray cattle entering the site and scattering all the waste. The Superintendent of Jail and the Deputy Superintendent of Jail have written to the Chief Municipal Officer, Municipal Council of Shivpuri and to the District Collector Shivpuri complaining of the foul smell, smoke from waste burning, and scattering of waste in the area.

2. It is stated that the Principal/IGP, CIAT School, CRPF, Shivpuri, has through their letter dated 01-07-2019, 23-08-2019, 09-11-2019, 23- 12-2019, 19-06-2020, 10-09-2020, 24-09-2020, 21-10-2020, 27-10- 2021, 29-11-2021, 09-11-2022, 19-12-2022 written to the Chief Municipal Officer, Municipal Council of Shivpuri and to the District Collector, Shivpuri, complaining of heavy air pollution because of burning of waste at the landfill site which is adversely affecting the staff and trainees at CRPF. In addition to the air pollution, the Principal/IGP also complained of spreading of polythene in the entire vicinity, dumping of dead animals creating foul smell, the toxic water from landfill site entering streams & contaminating groundwater. It is to be noted that from the last 4 years, the staff and trainees of CRPF have been suffering and forced to live in an unhealthy environment because of the lackadaisical approach of Municipal Council of Shivpuri to relocate the said landfill site. The location also lacks a waste management plan/system which further exacerbates the situation and makes the area prone to diseases like - Malaria, Dengue, etc.

3. It is further alleged that -

i. The method of dumping of municipal solid waste in the landfill site is in violation of Solid Waste Management Rules 2016.

ii. The Respondent should be held responsible for payment of environmental compensation in view of the guidelines issued by the NGT in OA no. 606/2018.

iii. Rule 11, 12 and 15 of the Solid Waste Management Rules are not being complied with.

iv. The frequent infection and diseases caused due to unscientific dumping of waste violate the fundamental right of right to life enshrined under Article 21 of the Constitution of India.”

4. The matter was taken up by this Tribunal and notices were issued to the Respondents for submission of reply, in addition to constituting a Committee to visit the site and file the factual and action taken report. In compliance of the order, the Respondents have filed the reply and Members of the Committee after visiting the site and examining the facts submitted the report.

5. Heard learned counsel for the parties and perused the records.

6. The submissions of the learned counsel for the Applicant are that the landfill site established by the Municipal Council, Shivpuri, shares the boundary with Circle Jail and is in close proximity to the CIAT School of Center Reserved Force and the dumping is not in accordance with the Solid Waste Management Rules and thus creating the health problem and thus, Superintendent of Jail and the Deputy Supe