Disposed

Narayan S/O.Namdev Yadav and Ors. v. the Municipal Corp.of the City of Nashik and Ors.

Bombay HC8 Feb 2006PIL/47/2003

Case brief

AI extract

What is this about?

In a PIL concerning a compost plant in Nashik, the High Court examined a NEERI compliance report revealing non-compliance on leachate treatment, odor control, and landfill covering. The Court issued specific directions with deadlines for installing treatment plants, covering windrows, and sealing the landfill.

What did the court decide?

Directions issued to Municipal Corporation of Nashik to comply with NEERI recommendations including leachate treatment, windrow covering, and landfill sealing by specified dates.

Narayan S/O.Namdev Yadav and Ors. Vs the… — Municipal and Town Planning | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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PUBLIC INTEREST LITIGATION NO. 47 OF 2003

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Shri Narayan s/o Namdeo Yadav & Ors. ] .. Petitioners

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Versus

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The Municipal Corporation of the City ]
of Nashik & ors.

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] .. Respondents

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Mr. P.G. Godhamgaokar with Mr. N. Waghela for the
petitioners.

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Mr. V.A. Gangal for the respondent No.1.

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CORAM: R.M. LODHA &
ANOOP V. MOHTA, JJ.

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DATED: 08TH FEBRUARY, 2006

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P.C. :

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.We heard Mr. P.G. Godhamgaokar, the learned
counsel for the petitioners and Mr. V.A. Gangal, the
learned counsel for the respondent No.1. We perused the
Compliance Report submitted by National Environmental
Engineering Research Institute (NEERI) on 23rd August,
2005 pursuant to the order of this Court. It appears
from the Compliance Report submitted by NEERI that the
NEERI team visited the compost plant site at Pathard,
Shivar, Nashik on August 8, 2005. Based on their

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inspection, status of the compliance has been reported
thus:

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Status of Compliance on the Recommendations by NEERI for
Compost Plant at Nashik, Maharashtra State.

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------------------------------------------------------------
Sr. General Recommendations byCompliance status
No. NEERI (visit on 02.10.2004)as on 08-08-2005

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1. Provision of trenches around Not complied existing sanitary landfill site for leachate collection needs to be made.

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`2. Segregation of biodegradables,` `recyclables, inerts and hazar-`	`Partially complied.` `One trommel screen`
`-dous and solid waste as per`	`having 75 mm size`
`MSWM (M&H) Rules 2000, to be`	`holes was procured`
`practiced to reduce input for`	`and installed in`
`composting vis a vis increase`	`prefermentation`
`in biodegradable component of` `the input.`	`storage yard which` `separates biogreda-` `-bles from large` `quantity of rejects`
	`(``Annexure I``). The` `rejects are diverted` `for landfilling.`

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3. Habitation should not be No habitation was developed within the existing found within the buffer zone. existing buffer zone

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4. More tree plantation for Additional trees have minimization of air pollution been planted around should be done landfill which are reported to be around 5000 ( Annexure II )

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`5. Leachate collection and treat-`	`Partly complied as`
`-ment at compost plant be`	`collection of leachate`
`followed.`	`in sump well is only`
	`done. No leachate`
	`treatment plant was`
	`installed on site.`
`6. Proper masks, gumboots and`	`Complied`

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handgloves to workers and medical
check up need to be provided.

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`7.`	`Water quality in and surrounding` `landfill site to be monitored` `periodically`	`As per Maharashtra` `Pollution Control Board` `(MPCB) directives, NMC` `has monitored the water` `quality through` `approved agency i.e.` `Mahabal Enviro` `Engineers Pvt. Ltd.` `and statement to this` `effect is enclosed` `(``Annexure III``). The` `water has high total` `and faecal coliforms` `counts indicating that` `it is not suitable for` `drinking purposes.`
`8.`	`Odour/smell/flies need be` `minimized.`	`Not complied. Odour` `still persists at the` `compost plant site.`
`9.`	`Windrows should be adequately` `covered by constructing sheds` `and/or with soil/rejects of` `1"-2" size.`	`Not complied (Exhibit` `as``Annexure IV``)`
`10.`	`The compost as well as the large` `quantity of rejects should be` `analysed for presence of organic` `contents. Laboratory facilities` `and infrastructure should be` `strengthened at compost plant.`	`Not complied`
`11.`	`Samples should be collected from` `prefermentation stack and` `analysed periodically at various` `depths of waste stack.`	`Not complied.`
`12.`	`Leachate sample collection should` `be done periodically and` `analysed. The treatment of the` `leachates should be carried out` `before it is discharged to the` `public sewer lines.`	`Partly complied. The` `NMC had analysed the` `leachate samples` `through MPCB approved` `private lab. & results` `indicate leachate has` `very high BOD(23500` `mg/l), COD(36903 mg/l)` `and TDS(25518 mg/l)` `requiring treatment`

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before disposal in
sewer line (Analysis
report as Annexure V)

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13. As per Handling Rules 2000, the Complied. rejects should be disposed off at landfill sites. NMC official should take steps accordingly.

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14. As suggested by MPCB, backlog Complied. of accumulated waste should be removed.

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15. The compost plant should be Not complied as 35 mm & operated at its full capacity. 16 mm rotary trommel screens were under repair and processing is stopped totally for compost preparation at the time of visit in August 2005.

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16. Composting and sanitary disposal Not implemented. Howof solid waste in sanitary -ever, windrow turning landfill need to have appropriate obeserved using management of waste and strict poclain ( Annexure VI ) monitoring of scheduled turning frequency of waste in windrows. Provision of visual signage system to be made.

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17. Adequate application of saniOdour/smell still -tizers for removal of flies. persists at compost plant. Odour causing parameters such as ammonia, hydrogen sulphide etc. still persist in the ambient air. The analysis results ( Annexure VII ) through MPCB approved agency indicate that ammonia and sulphur dioxide gases do not exceed the acceptable levels for ambient air quality at the processing unit and landfill site. However, monitoring of

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hydrogen sulphide gas
which is also
contributing odour,
has not been done.

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`18. Height of windrows need be` `reduced from 4-4.5 m to 2.00 m` `to prevent developing anaerobic` `condition in windrows.`	`Not complied.`
`19. Recirculation of leachate water` `for irrigating windrows should` `be stopped to minimize leachate` `generation and odour problem.`	`Complied.`
`20. Height of wall of leachate sump` `well be raised to avoid floating` `matter entering into well.`	`Partly complied. Screen` `provided over top of` `the well (``Annexure VIII` `which could prevent` `floating matter` `entering into well.`
`21. The filled-up 3 cells of the` `sanitary landfill (SLF) should` `be suitably covered.`	`Not complied.`
`22. Leachate collection system` `should be provided all around` `the cells 1, 2 & 3 at SLF.`	`Not complied. Presently` `the site has been` `closed & adjacent land` `is used for disposal` `of waste in unplanned` `manner.`
`23. Unregulated waste dumping at` `south of dump site creating` `unhygienic conditions was` `discontinued forthwith.`	`Complied. The waste` `is now disposed of in` `the existing landfill`

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Recommendations

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Nashik Municipal Corporation is required to implement all the
recommendations of NEERI CPCB and MPCB without further delay.

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2.We issue the following directions to the

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Municipal Corporation of Nashik:

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(i) As regards provision of trenches around
existing sanitary landfill site for leachate
collection, time upto 31st March, 2006, is
given for compliance. In respect of leachate
collection and treatment at compost plant, we
direct the Corporation to install leachate
treatment plant as early as possible and in no
case later than 31st August, 2006.

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(ii) As regards odour/smell/flies, further
steps need to be taken by the Corporation to
minimize the same and the Corporation shall
henceforth ensure that odour at the compost
plant site is at the minimum possible level.

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(iii) The Corporation shall adequately cover
windrows by constructing sheds and/or with
soil/rejects of 1"-2" size by 31st March,
2006.

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(iv) The leachate samples showing very high
BOD (23500 mg/l), COD (36902 mg/l), TDS
(25,518 mg/l) requires treatment before
disposal in sewer line and we direct the
Corporation to make necessary arrangement in
that regard as early as possible and in no

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case later than 31st August, 2006.

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(v) The Corporation shall fully comply with
the recommendation made by NEERI in respect of
height of wall of leachate sump well to avoid
floating matter entering into the well by 31st
March, 2006.

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(vi) The uncovered sanitary landfill (SLF)
shall be suitably covered as early as possible
and in no case later than 31st August 2006.

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(vii) The recommendations made by NEERI for
providing leachate collection system all
around the cells 1, 2 & 3 at SLR shall be
complied with by 31st August, 2006.

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(viii) The recommendations made by NEERI at
Sr.No.10 and 11 which, in the opinion of
NEERI, has not been complied with is also
directed to be complied with by the
Corporation.

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3.We record the statement of the learned counsel
for the Corporation that the general recommendations set
out at Sr.No.2, 15, 16, 17 and 18 have been complied

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with.

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4.We observe that in case of non compliance of
any of the aforesaid directions, the Commissioner of
Nashik Municipal Corporation shall be held personally
responsible and, if necessary, the Court may have to
initiate action against the Nashik Municipal Corporation
and its Commissioner.

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5.The Nashik Municipal Corporation is directed
to submit the Report about the compliance of the
aforesaid directions by 11th September, 2006.

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6.The Writ Petition (PIL) is disposed of.

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7.However, the petitioners shall be at liberty
to apply for further orders if the aforesaid directions
remain not complied with by respondent No.1.

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[srpasha@hc]

Narayan S/O.Namdev Yadav and Ors. v. the Municipal Corp.of the City of Nashik and Ors.

Case brief

What is this about?

What did the court decide?

Narayan S/O.Namdev Yadav and Ors. v. the Municipal Corp.of the City of Nashik and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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