Disposed

Rita Sharma and Anr. v. State of Himachal Pradesh

NGT7 Apr 2022Original Application No. 5/2020

Case brief

AI extract

What is this about?

The NGT considered reports on waste management in Hamirpur. While noting some civil works like retaining walls and drains, the Court found waste remained unremediated. It directed that further measures for scientific disposal and legacy waste remediation be taken by September 14, 2022.

What did the court decide?

Directed further remedial measures to be taken for scientific disposal of waste and legacy waste remediation by September 14, 2022, and issued specific technical observations on waste quantification.

Rita Sharma and Anr. vs State of Himachal Pradesh — Environment and Pollution | NGT (2022)

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Item No. 01

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(Court No. 1)

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(By Video Conferencing)

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Original Application No. 05/2020

Rita Sharma & Ors.

Applicant(s)

Versus

State of Himachal Pradesh & Ors.

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Respondent(s)

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Date of hearing: 07.04.2022

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Respondent(s): Mr. Devesh Kumar, Principal Secretary, UD, Govt. of H.P Mr. Kishori Lal Thakur, Executive Officer, MC Hamirpur

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ORDER

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Grievance in this application is against violation of Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 in Village Dughneri, Hamirpur, Himachal Pradesh, on account of failure to handle waste which is being burnt, causing air pollution, resulting in diseases, loss of livestock and contributing to forest fires and loss of wildlife. There is increase in population of monkeys, feral dogs and scavengers namely crows, vultures, etc. Dump site in the hilly terrain is overflowing and contaminating water body, which is a source of irrigation.

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The matter has been considered by this Tribunal earlier vide orders dated 14.01.2020, 11.08.2020, 17.11.2020, 01.09.2021, 27.01.2022 and finally on 04.03.2022. Since deficiencies in compliance of environmental norms have been found on all occasions and Municipal Council, Hamirpur failed to remedy the situation, the Tribunal directed remedial action by the Secretary, Urban Development Department, Himachal Pradesh. Since the situation did not improve, vide last order dated 27.01.2022 the Tribunal to directed the Principal Secretary, Urban Development and Executive Officer, Municipal Council, Hamirpur to remain present by virtual mode with the status of compliance. Operative part of order dated 27.01.2022 is reproduced below:-

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“6. From the above reports we find that except for some minor steps like construction of retaining wall, raising of fencing, covering of waste processing facility by net and storm water drain to avoid contamination of water, no other action has been taken particularly, in respect to the treatment as also the waste already collected and lying on various spots which is also evident from the photographs placed before us in the above reports. This superficial and shallow exercise does not amount to effective steps for compliance of the environmental norms for preservation and protection of environment and prevention of pollution. This is really unfortunate that after giving repeated opportunity what has come before us is only a casual compliance on certain aspects without any effective measures taken for prevention of pollution in the area concerned.

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7. In these facts and circumstances, we find it appropriate to direct Principal Secretary, Urban Development, H.P and Executive Officer, Municipal Council, Hamirpur to appear before Tribunal in virtual mode on the next date to explain and show cause as to what effective steps they have taken for treatment and scientific disposal of the waste already lying and being collected every day and whether the dumping of waste is being continuing and if not, then in what manner the waste is being treated by concerned authorities .

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On 04.03.2022, the Principal Secretary, Urban Development had failed to appear on which show cause notice was issued to him to explain default and to remain present today. It was also found that the report filed by the Municipal Council, Hamirpur did not give details of the waste

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generation and processing. The Municipal Council was required to take further steps in the matter.

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In pursuance of above, the Principal Secretary, Urban Development is present in-person and has also filed report dated 6.4.2022 detailing the steps taken. The Municipal Council has also filed a report dated 22.3.2022, followed by further report dated 31.03.2022. Report dated 22.03.2022 gives the details of the construction wall to prevent spillage of solid waste in Hathli Khad and other steps taken. Extract from the report are as follows:-

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“1. Construction of retaining wall with hill side to avoid spillage of Solid waste in Hathli Khad:- The construction work of retaining wall has been carried out in phase manner by Municipal Council Hamirpur to avoid spillage of Solid waste towards khad. The size of aforesaid retaining wall is 35.10 x 13.60 mtr. with foundation along with Iron Angle (fencing). In this way Municipal Council Hamirpur has been spent amount Rs. 25,39,283/- for the construction of said retaining wall till date (17-03-20220. The photographs taken for the aforesaid wall is enclosed herewith as Annexure - A.

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2. Construction of storm drain of adequate size to avoid entry of storm water in the facility from adjoining hill slopes :- The construction of storm drain work has been completed towards hill side to avoid contamination of water of Hathli Khad. The amounting to Rs. 2,35,522 =00 has been spent for the aforesaid work and size of said drain is 109 mtr in a length and depth .55 mtr. The Photograph of above said work is enclosed herewith as Annexure — B.

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3. Covering the part of the Solid Waste Processing Facility with net where segregation is carried out at initial stage to avoid entry of birds :- Municipal Council Hamirpur has completed the work of covering the part of the Solid Waste processing facility with net where segregation work is carried out at initial stage to avoid the entry of birds. The amounting to Rs. 20,000 = 00 has been spent for the aforesaid work. Photographs of said work is enclosed herewith as Annexure — C.

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4. Providing fencing of adequate height surrounding the Solid Waste processing facility to avoid entry of stray

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animals:- The work of fencing of adequate height surrounding the Solid Waste Management Project has been carried out in phase manner along with MS grill along with MRF shed and same is completed. The amounting to Rs. 3,50,000 = 00 has been spent for the aforesaid work. Photographs taken for the aforesaid work is enclosed herewith as Annexure — D.

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5. Maintenance of SWM Road:- The work of maintenance of link road from main road towards SWM Project was awarded to Govt. Contractors vide office letter No. MCH/ Tender / Awards / Estimate V-2 , 2020-21 / 594/608 dated 2-072021 and awarded amount is Rs. 9,95,625=00 and Rs. 9,96,875 =00. The above said awarded Maintenance work of road has been completed and amount Rs. 16,60,813=00 has been spent for the completion of said work and inspite of this approximately amount Rs. 55,00,000=00 has been already spent for the aforesaid road. Photograph is enclosed in this regard as Annexure - E.

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In spite of that Other basic amenities are also available at Solid Waste Management Project Dugneri which are as under :-

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(i). Submersible Water Pump:- The Electric bore well /Submersible water pump has already been installed at Solid Waste Management Project to provide water facility to workers . Photograph is enclosed in this connection as Annexure - F.

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However, it can be used if any fire incident takes place in the Solid Waste processing facility or to fight against the forest fire.

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(ii). Bath room & Toilet Facility:- Municipal Council has constructed toilets facility to their workers to avoid open defecation .and amounting to Rs. 1,50,000=00 has been spent for the above facility. Photograph is enclosed in this regard as Annexure- G.

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(iii) Operation of the Solid Waste Processing facility:- Monthly expenditure on the operation of the Solid Waste processing facility is approximately Rs. 2,05,840 =00 per month . The contractor of Solid waste management is M/S JK Enterprises . Total No of Safai Karamchari in SWM Project = 16 Nos. + Machine Operator = 2 Nos = 18 Nos workers are engaged for maintaining the sanitation work in SWMP.

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(iv) Land and Location of Solid Waste Management Project :- The Solid waste management plant is situated approximately 8 kilometers away from the town at village

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Dugneri, PO Bajuri, Tehsil and Distt. Hamirpur on a 0.65 hectares of land. Vide letter No. 9-2104/2004-ROC/1- PPP dated 12-07-2004 issued by Sh. S.K. Aggarwal , Deputy Conservator of Forest (Central) addressed to Principal Secretary (Forest) , Government of Himachal Pradesh, Department of Forests, Civil Secretariat, the diversion of 0.65 hectares of forest land in favour of Municipal Council , Hamirpur for construction of Solid Waste Management Project at Hamirpur was notified. This letter was endorsed by the Divisional Forest Officer vide office letter No. 567980 dated 20-07-2004 to the Executive Officer, Municipal Council, Hamirpur. Thereafter, the Conservator of Forests (P& L) cum Nodal Officer vide letter No. ft. 48817/2003(FCA)dated 09-08-2004 addressed to the Conservator of Forest (Central), Dakshin Marg, Chandigrah and the same was endorsed by the Divisional Forest Officer vide No. 7358-59 dated 24-08-2004 to the Executive Officer, Municipal Council Hamirpur. As per the contents of the above said letter, the user agency Municipal Council Hamirpur deposited amounting to Rs. 4,27,204=00 vide cheque No. 023201 dated 21-072004 ( i.e. Cost of Compensatory Afforestation Amount Rs. 50,204/- and Cost of forest land amount Rs. 3,77,000/-) in the office of Divisional Forest Officer, Hamirpur vide M.C. letter No. 18-B/Part Case SWM Project /2599/MCH/2004 dated 2107-2004 cost of 0.65 hectares land and trees As annexure - H. Thereafter, the Solid Waste management Project was constructed and inaugurated on 22-10-2005. The total fund received for the Project was Rs. 50 Lakhs but the cost of constructions was Rs. 58,60,000/- at that time in the year 2005.

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(v) Honey Comb Pits/ Compost Pit:- Construction of 74 number of Honey Comb Pits in the SWT Plant for composting of bio- degradable waste into manure . In this connection photograph of Honey Comb Pits along with shed is enclosed herewith as Annexure – I.

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(vi) Link Road:- Municipal Council Hamirpur constructed a approach link road to the waste processing facility which caused an expenditure of about Rs. 50 Lakhs from main road i.e. Hamirpur city road towards galore side.

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(vii) Machinery:- Municipal Council Hamirpur has installed four Nos. machines at Solid Waste management Project . Which are as under :-

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1. Trommel Machine:- One number of Trommel machine (capacity —20 ton / day ) installed for segregation / screening of waste for a cost of Rs. 11 Lakhs. Photograph of said machine is enclosed herewith as Annexure - J.

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2. Bailing Machine:- One number of Bailing machine ( Compressing Capacity — 20 ton / day ) of cost Rs. 2.51 Lakhs installed for compressing of plastic waste material which is being sent to cement kiln of M/S Ultra Tech Ltd. Baga Cement Works, District Solan (H.P.) for final disposal / burning. Photograph of said machine is enclosed herewith as Annexure - K.

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3. Shreader Machine:- Shredder machine is also installed at SWM Project . Photograph of said machine is enclosed herewith as Annexure – L.

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4. Composting Machine:- One number of composting machine recently installed at SWT plant for composing of biodegradable waste into manure . Photograph of said machine is enclosed herewith as Annexure - M.

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(viii) Construction of Shed :- One number shed constructed for installation of above three machines .Photograph of said shed is enclosed herewith as annexure — N.

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(ix) Construction of 2" Shed :- Recently new shed / 2^nd shed constructed of installation of composting machine at Solid Waste Management Project for preparation of manure. In this way Municipal Council has spent about three crores rupees including machineries at Solid Waste Management Project Dugneri. Photograph of said shed is enclosed herewith as annexure — 0.

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(x) Park / Garden:- A beautiful garden / park has been established there which is giving twenty four hours fragrance to the workers as well as who visit the Solid Waste Management Project and attracted the heart of everyone. Said Park is providing greenery there. Photograph of said Park is enclosed herewith as annexure – P.

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(xi) Garbage Collection :- Presently MC carries out door to door collection of garbage in all wards (from ward No. 1 to 11 ) and garbage collected is in segregated form i.e. dry waste and wet waste on daily basis through vehicles . Two different compartments have been placed in vehicles for dry and wet waste collection.

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(xii) Solid Waste Management Rules 2016:- Municipal Council is strictly follows the Solid Waste Management Rules 2016 for disposing the garbage of the town and the said rules has been notified by MC vide resolution No. 118/2018 dated 18-08-2018.

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(xiii) Sacredfig Plant:- Municipal Council has been planted a sacredfig plant (Peepal) which is providing twenty four hours oxygen to everyone who visit said spot .

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Photograph of above said plant is enclosed herewith as Annexure - Q.

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(xiv) Scientific Manner:- Municipal Council is making every efforts to maintain good environment at Solid Waste Management Project spot and garbage disposed off in scientific Manner there . Keeping in view above narrated facts Municipal Council Hamirpur has been installed four Nos. Machine at Solid Waste Management Project Dugneri.

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(xv) Collected Garbage changed into last product i.e. Compost / Organic Manure:- The waste Collected at SWM Project is used in turning it into organic manure . The organic manure produced by the composting is highly nutritive which increases crop quality as well as it enriches the soil which helps to restore its fertility.

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(xvi) The detail of Collected Plastic and same sent for final disposal : The month wise detail of plastic forwarded to different agency for final disposal w.e.f. 26-04-2019 to 1703 -2022 and quantity of same is 166641 Kg (i.e. 166 Ton) is enclosed herewith as Annexure — R.

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(xvii) Detail of M.C. Hamirpur Machinery installed at SWM Project Dugneri:- The joint photograph of machinery installed at SWM Plant along with functioning process is enclosed herewith as Annexure — S.

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(xviii) Hamirpur SWM Processing Facility :- The detail of waste generated per day is enclosed herewith as AnnexureT.

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( xix) Sale of Organic Manure :- Municipal Council Hamirpur is seling the organic manure @ Rs. 5/- Per Kg . Sale receipt detail is as :- G-8 No. 997/33 dated 16-03-2022 Amount Rs. 100=00, 997/30 dated 23-01-2021 Amount Rs. 150=00, 997/31 dated 17-03-2021 Amount Rs. 1000=00, 997/32 Amount Rs. 200 =00 are enclosed herewith in this regard. Approximately seven ton compost is ready for sale.

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(xx) Door to Door segregated garbage collection is about 90 % at source. ”

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Further report dated 31.03.2022 annexes photographs of the retaining wall.

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The report of the Principal Secretary, Urban Development is as follows:-

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“ 6. That earlier the predecessor of the present applicant has filed the Compliance Report/Affidavit on 11.12.2021 regarding the execution of work at Plant/ Project site at Dughneri, Municipal Council, Hamirpur. Himachal Pradesh and funds to the tune of Rs. 55.85 Lac has already been released vide letter dated 29.01.2021 to the Municipal Council, Hamirpur under Solid Waste Management -Project for Development of material recovery facility for management of Dry Waste and other Solid Waste Management related infrastructure of Municipal Council, Hamirpur, Himachal Pradesh for implementation of the order of Hon'ble National Green Tribunal in letter and spirit.

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7. That in compliance to the orders passed by this Hon'ble National Green Tribunal, the latest status of various works executed at Solid Waste Management Project by Municipal Council Hamirpur is as under:-

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a) The construction work of retaining wall has been carried out in phased manner by Municipal Council, Hamirpur to avoid spillage of Solid waste towards khad. The size of aforesaid retaining wall is 35.10 x 13.60 mtr. with foundation alongwith Iron Angle (fencing). In this way Municipal Council Hamirpur has spent an amount of Rs. 25,39,283/- for the construction of said retaining wall till 17-03-2022.

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b) The construction of storm drain work has been completed towards hill side to avoid contamination of water of Hathli Khad. An amount of Rs. 2,35,522.00 has been spent for this work and size of said drain is 109 mtr in a length and 55 mtr. in depth.

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c) Initially to avoid the entry of birds, the Municipal Council Hamirpur has completed the work of covering the part of the Solid Waste processing facility with net where segregation work is carried out. An amount of Rs. 20,000.00 has been spent for this work.

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d) The work of fencing of adequate height surrounding the Solid Waste Management Project has been carried out in phased manner alongwih MS grill and MRF shed and the same is completed. An amount of Rs. 3,50,000.00 has been spent for this work.

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e) The work of maintenance of link road from main road towards SWM Project has been completed and an amount of Rs.16,60,813.00 has been spent on the completion of said work.

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8. That it is further submitted that in addition to the works mentioned in para 7 of this application, following works have

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also been executed at Solid Waste Management Project Dughneri:-

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a) 74 number of Honey Comb Pits have been constructed for composting of bio- degradable waste into manure.

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b) Municipal Council Hamirpur has installed following four machines at Solid Waste management Project:-

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I. Trommel Machine:- One number of Trommel machine (capacity 20 ton/ day) has been installed for segregation / screening of waste for a cost of Rs. 1I Lakh.

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II. Bailing Machine:- One number of Bailing machine (Compressing Capacity-20 ton / day) of cost Rs. 2.51 Lakhs has been installed for compressing of plastic waste material which is being sent to cement kiln of M/S Ultra Tech Lid. Baga Cement Works, District Solan, Himachal Pradesh for final disposal/ burning.

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III. Shredder Machine:- Shredder machine has also been installed at SWM Project.

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IV.Composting Machine:- One number of composting machine has recently been installed at SWT plant for composing of bio-degradable waste into manure.

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V. Garbage Collection:- Presently Municipal Council, Hamirpur carries out door to door collection of garbage in all wards and garbage is collected in segregated form i.e. dry waste and wet waste on daily basis through vehicles. Two different compartments have been placed in vehicles for dry and wet waste collection. ”

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We have considered the above reports and photographs of the work executed. We have also interacted with the Principal Secretary, Urban Development, HP present in person.

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We find from the photographs that though retaining wall has been constructed, the waste remains un-remediated and not quantified for further processing and utilisation. Providing retaining wall should not be taken as holding area of waste dumping. Policy of mechanically collecting the mixed waste does not consider separate collection of biodegradable waste at neighbourhood level – like the ward level and use of the same at the nearest place for composting which may not involve much cost and expertise. Non-biodegradable waste can be separately collected and transported to its destination for recycling, re-use, or any other

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permissible uses. Construction on storm water drain is not in conformity with the local terrain and hydrological features. Estimated waste generation is reported to be 6.2 MT/d of which 3.4 MT is biodegradable and 2.8 tonnes is recyclable. Accordingly, there has to be proper optimal use of 74 compost pits and 5 tonnes OWC. Based on available infrastructure, decentralized processing systems need to be designed and operated. There has to be proper utilisation of compost which at present is about 7 tonnes. The same should not be burnt. Legacy waste be appropriately remedied. There has to be consistent and coherent policy at State level, considering best practices at other places which needs to be followed at all similar places instead of each Municipality going its own way, ignoring the best practices. Such policies need to be periodically reviewed in the light of experience gained. This may help in scientific disposal of waste as well as saving the wastage of money.

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Accordingly, while taking on record the reports filed, we direct that further remedial measures be taken expeditiously in the light of above observations and status report filed with the Registrar General of NGT before 15.09.2022 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. If found necessary, the R.G. may place the matter before the Bench for any further direction.

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Subject to above, the application is disposed of.

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Adarsh Kumar Goel, CP

Sudhir Agarwal, JM

Arun Kumar Tyagi, JM

Prof. A. Senthil Vel, EM

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