Vinod Kumar Bansal vs State of Haryana

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

¶12

Respondent(s): Mr. Rahul Khurana, Advocate for MC Dabwali & HSPCB

¶13

ORDER

¶14

The issue for consideration is the remedial action against unscientific handling of solid waste at Dabwali, District Sirsa, Haryana. Vide order dated 13.08.2019, a factual and action taken report was sought from the Municipal Council, Dabwali and the Haryana State Pollution Control Board (HSPCB).

¶15

The matter was last considered on 16.04.2021 in the light of report of the District Municipal Commissioner, Sirsa dated 08.01.2021. The Tribunal found that Solid Waste Management Rules, 2016 were not being duly complied. Accordingly, directions were issued for taking steps for

¶16

1

¶17

compliance of the rules which was to be verified by a joint Committee of CPCB and State PCB.

¶18

In pursuance of above, further report has been filed by the joint Committee on 11.01.2022, apart from the report filed by the Municipal Council Mandi, Dabwali on 02.04.2022, giving the compliance status, action taken and recommendations as follows:

¶19

“ Rule No.	Particulars	Compliance status
15.	*Duties and responsibilities of local* *authorities and village Panchayats* of *census* *towns and urban* *agglomerations:*-
15(a)	Prepare a solid waste management plan as per state policy and strategy on solid waste management within six months from the date of notification of state policy and strategy and submit a copy to respective departments of State Government or Union territory Administration or agency authorized by the State Government or Union territory Administration;	The MC Dabwali has notified Solid Waste Management Bye- laws (2019) as per the State Policy. The Bye-laws were also published in the News Paper for publicity.*Annexure-1*
15 (b)	Arrange for door to door collection of segregated solid waste from all households including slums and informal settlements, commercialinstitutional and other non residential premises. From multi-storage buildings, large commercial complexes, malls, housing complexes, etc., this may be collected from the entry gate or any other designated location	MC Dabwali has 21 number of wards with 24005 number of Household and has reported generating approximated 28 MT of waste per day. For door to door collectionof segregated solid waste 14 vehicles from these households including slums and informal settlements, commercial, institutional and other non-residential premises. From multi-story buildings, large commercial complexes, malls, housing complexes, etc., and collected from the entry gate. Copy of door to door collection, plan and agreement with third party; ward wise vehicle detail is attached.
15 (c)	Establish a system to recognize organizations of waste pickers or informal waste collectors and promote and establish a system for integration of these authorized waste-pickers and waste collectors to facilitate their participation in solid waste management including door to door collection of waste;	Total 49 numbers of ragpickers are authorized by MC Dabwali to facilitate their participation in SWM including door to door collection of waste. Detail of waste pickers with Identity Card is attached.*Annexure-3*
15 (d)	Facilitate formation of Self Help Groups, provide identity cards and thereafter encourage integration in solid waste management including door to door	A total 50 people are engaged in Self-help group i.e. RWAs by MC Dabwali to facilitate their participation in SWM including

¶20

2

¶21

	collection of waste;	door to door collection of waste. Details of waste pickers are attached.*Annexure-4*
15(e)	Frame bye-laws incorporating the provisions of these rules within one year from the date of notification of these rules and ensure timely implementation;	As mentioned in 15 (a)
15(f)	Prescribe from time to time user fee as deemed appropriate and collect the fee from the waste generators on its own or through authorized agency;	The user fee is defined in Bye- laws. Total Rs. 11.19 Lakh has been collected from waste generators from Dec 2020 to Sept 2021. The collection fees from the waste generator is done through No Dues Certificate (NDC) Portal. Details of fee collected are attached.*Annexure-5.*
15 (g)	Direct waste generators not to litter i.e. throw or dispose of any waste such as paper, water bottles, liquor bottles, soft drink canes, tetra packs, fruit peel, wrappers, etc., or burn or burry waste on streets, open public spaces, drains, waste bodies and to segregate the waste at source as prescribed under these rules and hand over the segregated waste to authorized the waste pickers or waste collectors authorized by the local body;	The awareness and penal action mechanism is developed. The mechanism is also published in the newspapers for the publicity. The Challans amounting Rs. 3.71 Lakhs were issued in compliance of the rules. *Annexure-6.*
15(h)	Setup material recovery facilities or secondary storage facilities with sufficient space for sorting of recyclable materials to enable informal or authorized waste pickersand waste collectors to separaterecyclables from the waste and provide easy access to waste pickers and recyclers for collection of segregated recyclable waste such as paper, plastic, metal, glass, textile from the source of generation or from material recovery facilities;/ Bins for storage of bio-degradable wastes shall be painted green, those for storage of recyclable wastes shall be printed white and those for storage of th thllbitdblk	Two Material Recovery Facilities (MRF) have been developed by MC Dabwali. The waste Pickers provided the easy access for collection of recyclable material such as Plastic and multilayered plastic (MLP). For disposal of plastic waste and MLPs an agreement is done with external vendor. The color coded bins are also provided work order and photos are attached.*Annexure – 7*
15(i)	oer wases sa e prne ac; Establish waste deposition centers for domestic hazardous waste and give direction for waste generators to deposit domestic hazardous wastes at this centre for its safe disposal. Such facility shall be established in a city or town in a manner that one centre is set up for the area of twenty square kilometers or part thereof and notify the timings of receiving domestic hazardous waste at such centers;	A domestic hazardous Waste Center is developed at one of the MRF i.e. at Old MC Office Mandi Dabwali. To facilitate door to door collection of domestic hazardous waste, a separate bin is also attached with the waste collection vehicles, being used for regular waste. *Annexure-8*

¶22

3

¶23

15(j)	Ensure safe storage and transportation of the domestic hazardous waste to the hazardous waste disposal facility or as may be directed by the State Pollution Control Board or the Pollution Control Committee;	MC Dabwali is yet to make an agreement with CPCB/SPCB authorized agency for safe and scientific disposal of domestic hazardous waste.
15(k)	Direct street sweepers not to burn tree leaves collected from street sweeping and store them separately and handover to the waste collectors or agency authorized by local body;	The sweeper engaged in the solid waste collection have been informed and have organized training by the MC Dabwali, Annexure – 9
15(l)	Provide training on solid waste management to waste-pickers and waste collectors;	Training programs are organized by the MC Dabwali for waste pickers and waste collectors Annexure 10
15 (m)	Collect waste from vegetable, fruit, flower, meat, poultry and fish market on the day to day basis and promote setting up of decentralized compost plant or bio methanation plant at suitable locations in the markets or in the vicinity of markets ensuring hygienic conditions:	At the time of inspection, the MC Dabwali submitted that these wastes are collected from vegetable, fruit, flower, meat, poultry and fish market on day to day basis and handed over to Piggery farm. *Annexure-11*
15 (n) 15 (O)	Collect seperably waste from sweeping of streets, lanes and by lanes daily or on alternate days or twice a week depending on the density of population, commercial activity and location situation. Set up covered secondary storage facility for temporary storage of street sweeping and slit remove from surface drains in cases where direct collection of such waste into transport vehicles is not convenient. Waste so collected and disposed of at regular intervals as decided b the local bod	The Committee was informed by MC Dabwali that the streets, roads, lanes and by lanes is swept twice a day and mechanical sweeping of streets, lanes and by lanes is also carried out in night.*Annexure-12* The waste so collected is being sent to directly to the dumpsite on regular basis through vehicles.
15(P)	y y; Collect horticulture, parks and garden waste seperaly and process in the parks and gardens, as far as possible;	The Committee was informed by MC Dabwali that the horticulture waste is subject of compost through the pits provided in the garden Parks. Annexure 13
15 (q)	Transport segregated bio-degredable waste to the processing facilities like compost plant, bio-methanation plant or any such facility. Preference shall be given for onsite processing of such waste;	MC Dabwali has developed two waste compost facilities for bio degredation waste. Annexure – 14
15 (r)	Transport non bio-degredable waste to the respective processing facility or material recovery facilities or secondary storage facility;	The bio-degredable waste is processes at MRF.
15 (t)	Involve communities in waste management and promotion of home composting, bio-gas generation, decentralized processing of waste at community level subject to control of odor and maintenance of hygienic conditions around the facility	As mentioned in para 15 (l)

¶24

4

¶25

15 (u)	Phase out the use of chemical fertilizer in two years and use compost in all parks, gardens maintained by the local body and wherever possible in other places under its jurisdiction. Incentives may be provided to recycling initiatives by informal waste recycling sector	As mentioned in 15 (p), they have 5 parks and the horticulture waste generated from each park is composted in park itself and the compost generated is used as manure.
15 (v)	Facilitate construction, operation and maintenance of solid waste processing facilities and associated infrastructure on their own or with private sector participation or through any agency for optimum utlizaton of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control board. Preference shall be given to decentralized processing to minimize transportation cost and environmental impacts such as-	As given below;
1 5 (v) a.	Bio^-methanation, microbial composting, vermi^-composting, anaerobic digestion or any other appropriate processing for bio-stabilization of biodegradable wastes;	----
1 5 (v) b.	Waste to energy processes including refused derived fuel for combustible fraction of waste or supply as feedstock to solid waste based power plants or cement kilns;	-----
15 (w)	Undertake on their own or through any other agencyconstruction, operation and maintenance of sanitary landfill andassociated infrastructure as per Schedule 1 for disposal of residual wastes in a under these rules;	*MC Dabwali has no sanitary* *landfill for disposal of solid* *waste.* *The solid waste is processed* *at a site measuring area* *about 5 Acre out of which* *approximately 4 acres is* *already* *occupied* *with* *legacy waste and whereas* *about 1 acre is used for* *MRF.*
15 (x)	Make adequate provision of funds for capital investments as well as operation and maintenance of solid waste management services in the annual budget ensuring that funds for discretionary functions of the local body have been allocated only after meeting the requirement of necessary funds for solid waste management and other obligatory functions of the local body as per these rules;	A sum of fund Rs. 1,03,14,521/- is earmarked for solid waste management for the FY 2021-22. *Annexure 15*
15 (y)	Make an application in Form-I for grant of authorization for setting waste processing, treatment disposalfacility, if the volume up or of waste is exceeding five metric tones per day including sanitary landfills from the State Pollution Control Board or the Pollution	Not Applied.

¶26

5

¶27

	Control Committee, as the case may be;
15 (z)	Submit application for renewal of authorization at least sixty days before the _expiry of the validity of authorization; _	Not Applicable.
15 (z) a	Prepare and submit annual report in Form IV on or before the 30th April of the succeeding year to the Commissioner or Director, Municipal Administration or designated Officer;	Being complied with. *Annexure-16*
15 (z) b	The annual report shall then be sent to the Secretary -in-Charge of the State Urban Development Department or village panchayat or rural development department and to the respective State Pollution Control Board or Pollution Control Committee by the 31^stMay of everyyear;	Being complied with. *Annexure-17*
15 (z) c	Educate workers including contract workers and supervisors for door to door collection of segregated waste and transporting the unmixed waste during primary and secondary transportation to processing or disposal facility;	As mentioned in para 15 (t)
1 5 ( z ) d	Ensure that the operator of a facility provides personal protection equipment including uniform, fluorescent jacket, hand gloves, raincoats, appropriate foot wear and masks to all workers handling solid waste and the same are used by the workforce	Being followed. Annexure - 18
15 (z) e	; Ensure that provisions for setting up of centers for collection, segregation and storage of segregated wastes, are incorporated in building plan while granting approval of building plan of a group housing society or market complex;	The committee was Informed that MC Dabwali is in process of implementing the provisions of the said rules.
1 5 ( z ) f	Frame bye-laws and prescribe criteria for levying of spot fine for persons who litters or fails to comply with the provisions of these rules and delegate powers to officers or local bodies to levy spot fines as per the bye laws framed;	As mentioned in para no. 15 (a).
15 (z) g	Create public awareness through information, education and communication campaign and educate the waste generators on the following; namely: - (i)not to litter; (ii)minimize generation of waste; (iii)reuse the waste to the extent possible; (iv) practice segregation of waste Into bio—degradable, non -biodegradable(rec combustible), sanitary waste and domestic hazardous wastes at source;’ (v) practice home composting, vermi-	The Awareness mechanism is developed for this. These mechanisms are published in newspapers also for making the people aware about this mechanism. Notices are issued to general public as well as to MC employees. *Annexure-19*

¶28

6

¶29

	composting, bio-gas generation or community level composting (vi) wrap securely used sanitary waste as and when generated in the pouches provided by the brand owners or a suitable wrapping as prescribed by the local body and place the same in the bin meant for non-biodegradable waste (vii)storage of segregated waste at source in different bins; (viii)handover segregated waste to waste pickers, waste collectors, recyclers or waste collection agencies; and (ix) pay monthly user fee or charges to waste collectors or local bodies or any other person authorized by the local body for sustainability of solid waste management.
1 5 (z) h	Stop land filling or dumping of mixed waste soon after the timeline as specified In rule 22 for setting up and operationalization of sanitary landfill Is over;	*Not complied with.*
1 5 (z) i	Allow only the non-usable, non- recyclable, non-biodegradable, non- combustible and non-reactive inert waste and pre-processing rejects and residues from waste processing facilities to go to sanitary landfill and the sanitary landfill sites shall meet the specifications as given in Schedule-I, however, every effort shall be made to recycle or reuse the rejects to achieve the desired objective of zero waste going to landfill;	*Not complied with.* As *mentioned* *above,* no *sanitary landfill has been* *provided by MC Dabwali.* *However* *the* *waste* *generated* *including* *the* *legacy waste is being stored* *and processed at a site* *which is not fully developed* in *accordance* to *the* *Schedule* -I of *the* *said* *rules.* *The* *committee* *has* *also* *observed* *unsatisfactory* *compliance* *of Schedule-II of* *the said rules in particular to* *compost* *and* *leachate* ii
15 (z) j	Investigate and analyze all old open dumpsites and existing operational dumpsites for their potential of bio-mining and bio-remediation and whereas over feasible, take necessary actions to bio- mine or bio-remediate the sites;	*montorng.* The committee was informed by MC Dabwali that about 30000 MT of solid waste is stored/dumped at the waste processing facility.
1 5 ( z ) k	In absence of the potential of bio-mining and bio-remediation of dumpsite, it shall be scientifically capped as per landfill capping norms to prevent further damage to the environment.	-----

¶30

40. Action taken by HSPCB against no-compliance of MC Dabwali

¶31

7

¶32

1. The Haryana State Pollution Control Board is in the process of imposing an environmental compensation on MC Dabwali; to the tune of Rs. 13,05,85,2S0/-, for non compliance of Solid Waste Management Rules 2016.

¶33

2. In addition to (1) above, HSPCB has also initiated prosecution complaint under section 15 & 17 of Environment Protection Act 1986, against the MC Dabwali through the Executive Officer for non compliance of Solid Waste Management Rules 2016.

¶34

5.0 Recommendations:

¶35

The based on the aforesaid observations, committee made the following recommendations:

¶36

1. The MC Dabwali should ensure that the segregated waste which is collected from door to door should also be transported and treated separately for further processing. The workers engaged for handling and management of the waste should be properly trained and their performance be accessed periodically by mechanism for the same.

¶37

2 The existing dumpsite which is also being used for processing of the waste should be discontinued in time bound manner following a development of suitable landfill facility in compliance with the provisions of the rules. The time bound action plan to this effect shall be submitted to HSPCB within two months.

¶38

3, Since, the existing dumpsite Is utilized for legacy waste processing, therefore it is recommended that the MC Dabwall should undertake construction of boundary wail, development of green belt, garland drain formation and leachate collection & treatment system.

¶39

4. The inert material generated from legacy waste processing should be disposed suitably in engineered landfill sites.

¶40

5, The domestic hazardous waste i.e. Plastic waste, Biomedical Waste, E-waste, used batteries etc. should be channelized to CPCB/SPCB authorized agencies for further processing. Similarly, the C&D waste should also be channelized for further processing,

¶41

6. MC Dabwali should also enhance the capacity of existing legacy waste processing plant for speedy disposal of the waste. Further MC Dabwali should strengthen the staff for effective operation of collection, transportation, treatment and disposal of waste for compliance of the said rules.

¶42

7. MC Dabwali should undertake the regular monitoring of compost and leachate for compliance of said rules. Further the analysis report of the same also be forwarded to HSPCB.

¶43

8

¶44

8. It is also recommended that the appropriate action may be initiated at state government level for management of solid waste using cluster approach for group of ULBs to facilitate the speedy and timely development and operation of engineered landfill sites.”

¶45

The report has also been filed by the District Municipal Commissioner, Sirsa which stands covered by the report of the joint Committee.

¶46

The reports show that gap in generation and treatment of waste still exists adding to the legacy waste which has to be remedied.

¶47

In view of above, further action may be taken in terms of the recommendations of the joint Committee report and observations of this Tribunal which may be duly monitored by the statutory regulators in accordance with law.

¶48

The application is disposed of.

¶49

Adarsh Kumar Goel, CP

¶50

Sudhir Agarwal, JM

¶51

Arun Kumar Tyagi, JM

¶52

Prof. A. Senthil Vel, EM

¶53

Dr. Vijay Kulkarni, EM

¶54

Dr. Afroz Ahmad, EM

¶55

April 06, 2022 Original Application No. 612/2019 DV

¶56

9

Vinod Kumar Bansal v. State of Haryana

Case brief

What is this about?

What did the court decide?

Vinod Kumar Bansal v. State of Haryana

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

Similar cases

Subroto Mookherjee Applicant in Person vs General Manager Kolaghat Thermal Power Station

Jaya Thakur vs State of Madhya Pradesh

National Green Tribunal Southern Zone vs the Principal Secretary to Govt. of Tamil Nadu Health and Family Welfare Department

1.MR.ROHIDAS Pandurang Nimbalkar vs District Collector

Manish Sharma vs Principal Secretary

Rita Sharma and Anr. vs State of Himachal Pradesh

Shri Tako Olo S/O Shri Tako Taley vs the Union of India through Principal Secretary Joint Secretary Ministry of Environment Forest and Climate Change

Voice of Nature Rep. by Its President R. Gokulraj vs the Government of Tamil Nadu Rep. by Its Principal Secretary Dept. of Environment & Forest

Ishlam Deen vs Bharti Airtel Limited

Legal Aid Committee National Green Tribunal Bar Association vs Ministry of Environment, Forest and Climate Change

Legal Aid Committee National Green Tribunal Bar Association vs Ministry of Environment, Forest and Climate Change