Local authorities are mandated to enforce waste management rules and ensure compliance to prevent environmental degradation.

ORDER

1. Mr. Krishnendu Bera, learned Counsel is present (in Virtual Mode) for the Applicant.

2. Mr. Sibojyoti Chakraborty, learned Counsel and Mr. Dipanjan Ghosh, learned Counsel files Vakalatnama on behalf of the Respondent Nos.1 and 2, State Respondents and Respondent No.3, West Bengal Pollution Control Board respectively; the same are taken on record.

3. Affidavit dated 13.01.2025 has been filed by the Respondent No.5, Panchayat Pradhan, Nabagram Gram Panchayet; the same is taken on record.

4. Affidavit dated 15.01.2025 has been filed by the Respondent No.2, District Magistrate & Collector, Hooghly District; the same is taken on record.

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5. Affidavit dated 16.01.2025 has been filed by the Respondent No.3, West Bengal Pollution Control Board; the same is taken on record.

(Final order of the said case will be uploaded in website by separate sheets of paper).

ORDER

6. This Original Application was registered on the basis of a letter petition dated 28.08.2024 received in the office of the Tribunal and sent by Dr. Srikanta Samanta, the Principal, Nabagram Hiralal Paul College, Konnagar, Hooghly – 712246, West Bengal, alleging therein that there was a dumping ground located near the southern boundary wall of the College that was posing a serious environmental problem by way of health risk, aesthetic degradation having adverse environmental impact. It was alleged that the accumulation of waste was leading to foul odour and was attracting pests contributing to health hazards for students, staff of the College as well as local residents; the open dumping of waste was causing environmental degradation including soil and water contamination and the unsightly appearance of the dumping ground was adversely affecting the visual appearance of the College and its surrounding areas. It was stated that several complaints were made in the past to the local authority but no action was taken.

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7. At the time of admission, this Tribunal also constituted a Committee with a direction to inspect the site in question and submit its Fact Finding Report with regard to the allegations made in the letter petition in the Original Application. The members of the Committee were as under:-

(i) Collector & District Magistrate, Hooghly, or his representative not below the rank of Additional District Magistrate;

(ii) Senior Scientist, West Bengal Pollution Control Board; and (iii) Senior Scientist, Central Pollution Control Board.

8. Affidavit dated 13.01.2025 has been filed by the Respondent No.5, Panchayat Pradhan, Nabagram Gram Panchayet wherein it is stated that the said Panchayet is not dumping any waste at the site in question and that the Gram Panchayet has already entered into an Agreement with the Uttarpara Kotrung Municipality in which it has been agreed that the Uttarpara Kotrung Municipality will collect all the waste of the Gram Panchayat and dispose off the same in accordance with the Solid Waste Management Rules , 2016 and the environmental laws.

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9. Affidavit dated 15.01.2025 has been filed by the Respondent No.2, District Magistrate & Collector, Hooghly District confirming the observations of the Fact Finding Committee constituted by this Tribunal.

10. In the Committee Report, it has been mentioned that the garbage dumpsite was a strip of land measuring about 6 kottah in between the eastern side of Nabagram Hiralal Paul College, Konnagar and the Howrah-Bandel Railway line. Though mounds of garbage were not found at the site at the time of the visit, the committee was informed during site visit that the land is being used for dumping of all types of solid waste (garbage) on a regular basis. Remnants of unsegregated organic and inorganic wastes including some burnt wastes were observed at the dumpsite.

11. The Committee has confirmed that the