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NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Ajay Lal Malik – Appellant
Versus
State of Haryana – Respondent
Original Application No. 33/2024
| Table of Content |
|---|
| 1. complaint of garbage mismanagement triggers ngt suo-motu jurisdiction. (Para 1 , 2 , 3) |
| 2. joint committee reports violations and remedial directives. (Para 4 , 5 , 6 , 7) |
| 3. ongoing boundary wall repair and partial compliance noted. (Para 8 , 9) |
| 4. directions for full swm rules compliance and reporting. (Para 10 , 11 , 12 , 13 , 14) |
ORDER
1. ShriAjay Lal Malik, General Secretary, Resident Welfare Association (hereinafter referred to as ‘RWA’), Sector 21A (East), Faridabad sent a letter dated 28.07.2023 making a complaint of mis-management of garbage dumped at the bye pass road Sector 21A, Faridabad and this letter was treated as letter petition and registered as Original Application (hereinafter referred to as ‘OA’) under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as NGT Act, 2010) in exercise of suo-motu jurisdiction in view of the law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. AnkitaSinha, (2022) 13 SCC 401.
2. The complainant has said that the waste aggregator agency operating in Sector 21(A) is not functioning properly in as much as for the last several months there has been a total breakdown in handling of waste processing and instead of offloading the garbage inside the facility the same is being dumped on the bye pass road; the road is totally blocked by heaps and foul smelling garbage where scavengers and animals roam around; the dumped garbage lie in the middle of the road; 40 meters away from main gate of Shanti Niketan Public School; it is creating health hazards to the children studying in the said school; the office Smart City Contractors L&T is next to dumped garbage, but everybody responsible for proper functioning has turned a blind eye to this mess.
3. The complaint was taken note by Tribunal on 20.02.2024 and being prima facie satisfied that a substantial question relating to environment has arisen out of the implementation of Enactments specified in Schedule I to National Green Tribunal Act, 2010, Tribunal proceeded further by constituting a joint Committee comprising representatives of Haryana State Pollution Control Board; Commissioner, Municipal Corporation, Faridabad and District Magistrate, Faridabad.
The Committee was directed to submit factual report within one month.
4. Pursuant to the above order, Joint Committee submitted report dated 05.04.2024 by making the site inspection on 02.04.2024. Joint Committee found that municipal solid waste was dumped inside the boundary of transfer station, Sector 21, Faridabad; no municipal solid waste was found outside the transfer station; and regular staff was deployed for cleaning work in the surrounding area which was partially completed. Municipal Corporation Faridabad was required to take following job:-
| “ | Sr No | Issue flagged during the site visit | Decision/Way forward finalized by joint committee | Ownership | Action Taken |
| 1. | Issue of stray cattle within and outside Sec 21A transfer station due to lack of proper fencing & gate | As decided by the joint committee, M/s Ecogreen was directed to undertake repairingof the boundary walland gate at the site so that stray cattle do not enter the transferstationand other unauthorizedwastepickers/c ollectors arerestrainedfromdump waste at the site. Further, it was decided that if Ecogreen does not undertake there pair works within 7 days, EE(SBM),MCF shall initiate the said repair works at risk and cost of M/s Ecogreen to avert the situation of public health hazard | Sh. Anant Suthoo, Project Head, M/s Ecogreen | M/s Eco Green has not pay heed to the repair work for front boundary wall and installation of proper gate way to the transfer station. Now MCF is getting the work started on its own Levelthroughspecialsan ctionand the work will be got completed Within 10 days and information willbe sent to M/s Eco Green. Thattheexpenditure of this work willbe done at their risk and cost. | |
| 2. | Deterioration of surrounding environment duetodumping ofwaste outside theTransfer | ||||
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