Disposed

Arvind Kumar v. Central Pollution Control Board

NGT4 Jan 2022Original Application No. 201/2020

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an application regarding unscientific waste dumping and carcass disposal by the Municipal Council, Noorpur. It directed authorities to continue remedial actions, ensure scientific waste management, and prevent pollution within three months, relying on previous Tribunal orders and environmental statutes.

What did the court decide?

Direction to District Magistrate and authorities to continue remedial actions for scientific waste management and carcass disposal within three months and file compliance reports.

Arvind Kumar vs Central Pollution Control Board — Environment and Pollution | NGT (2022)

¶1

Item No. 12

¶2

(Court No. 1)

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

(By Video Conferencing)

¶5

Original Application No. 201/2020

¶6

(With report dated 09.11.2021)

Arvind Kumar & Anr.

Applicant(s)

Versus

Central Pollution Control Board & Ors.

¶11

Respondent(s)

¶12

Date of hearing: 04.01.2022

¶13

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

¶14

Applicant: Ms. Mansi Chahal, Advocate Respondent: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB

¶15

ORDER

¶16

Grievance in this application is against unscientific dumping of waste at main road of village Changipur, District Bijnor by the Municipal Council, Noorpur. The waste includes carcasses which is resulting in foul and obnoxious smell and also air and land pollution.

¶17

Vide order dated 15.09.2020, the Tribunal sought a factual and action taken report from a joint Committee comprising the State PCB, the District Magistrate, Bijnor and the Municipal Council, Noorpur, District Bijnor, U.P.

¶18

The State PCB filed its report on 12.04.2021 as follows:-

¶19

¶20

“As per the above observation of the committee, the selected site for processing of solid waste and sanitary landfill is as per the siting criteria for landfill site selection under Solid Waste Management Rules, 2016. The Committee has recommended that Nagar Palika Parishad Noorpur, Bijnor should comply the mandatory provisions of Solid Waste Management Rules, 2016, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Environment (Protection) Act, 1986 and EIA Notification dated 14.09.2006 for establishment of the project.”

¶21

The matter was last considered on 16.06.2021 and finding continuing failure of the authorities in handling solid waste, the Tribunal directed further remedial action by the District Magistrate in coordination with other concerned authorities. The operative part of the order is reproduced below:-

¶22

“4. From the above, it is seen that t he issue of scientific management of waste and to prevent air and land pollution has not been gone into. Nothing is mentioned about the arrangement for disposal of carcasses. In fact, the photographs annexed to the report show that waste is laying dumped in an unscientific manner and without safeguards against the air pollution and foul smell . Under Rule 15 of the Solid Waste Management Rules, 2016 (SWM Rules, 2016), the Local Authorities have to prepare plan for scientific disposal of the solid waste in the manner laid down therein in accordance with the State Policy prepared under Rule 11 by the Secretary, Urban Development. Finding large scale failure of the State authorities in this regard, the Tribunal has issued directions in O.A. No. 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues, in the presence of Chief Secretary, UP vide order dated 10.01.2020. Unfortunately, it appears that even after five years of the current Rules, judgements of the Hon’ble Supreme Court in Ratlam Municipality (1980) 4 SCC 162, BL Wadhera (1996) 2 SCC 594, Almitra Patel (2000) 2 SCC 679, judgement of this Tribunal in Almitra Patel 2016 SCC Online NGT 2981 and after 40 years of the Air (Prevention and Control of Pollution) Act, 1981, (Air Act), there is a failure of the authorities in ensuring scientific disposal of solid waste, preventing damage to the air quality and to the public health. Failure to perform statutory obligation under SWM Rules, 2016 is a criminal offence under the Environment (Protection) Act, 1986 (EP Act) punishable with imprisonment and fine. However, it seems that the State authorities consider themselves above law and continue to violate the same to the detriment of public health which is very unfortunate situation which needs remedial action.

¶23

¶24

5. In view of the above, we direct District Magistrate, Bijnor in coordination with Municipal Council, Noorpur and any other concerned authority to ensure effective steps for scientific management of the waste, ensuring that no foul smell and air or land pollution takes place. It is made clear that if no satisfactory action is taken in terms of these directions, the Tribunal may be left with no other options except to take coercive measures under the provisions of the National Green Tribunal Act, 2010 which can include civil imprisonment and cut in or attachment of salary of the concerned heads of the departments. Under the provisions of Air Act, EP Act and SWM Rules (Rule 16), the State PCB is empowered and expected to take measures for non-compliance. Let the State PCB take necessary steps in the matter before the next date.

¶25

6. Let the compliance report be filed before the next date by the District Magistrate Bijnore and the State PCB by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The reports may particularly mention the quantity of waste dumped on the present site or other sites in the area, whether practice adopted for management of carcasses is in accordance with the guidelines of CPCB and order of this Tribunal in OA 465/2019, Kulwinder Singh Sandhu & Ors. v. Ram Murti & Ors. dated 15.4.2021. District Magistrate may specify whether of waste disposal is covered by the District Environment Management Plan, prepared in terms of order of this Tribunal dated 29.1.2021 in OA 360/2018, Shree Nath Sharma v. Union of India & Ors.”

¶26

In pursuance of above, District Magistrate has filed report dated 09.11.2021 followed by further report dated 03.01.2022. The last report inter alia mentions steps for management of legacy waste, current waste and carcasses.

¶27

In view of above, further remedial action may be continued as per Rules and concluded expeditiously, preferably within three months. It may be ensured that day-to-day waste generated is processed, legacy waste is cleared in accordance with the guidelines of CPCB and residue/rejects are properly managed. The District Magistrate, Bijnor may monitor the progress.

¶28

The Application is disposed of without prejudice to any affected parties moving this Tribunal again, if necessary.

¶29

¶30

A copy of this order be forwarded to the District Magistrate, Bijnor

¶31

by e-mail for compliance.

¶32

Adarsh Kumar Goel, CP

¶33

Sudhir Agarwal, JM

¶34