Disposed

Kundan Veer Singh Bhullar and Ors. v. Ministry of Environment Forest and Climate Change

NGT20 Nov 2024IA No. 361/2024 in Original Application No. 1052/2024

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an application complaining of illegal dumping of construction and demolition waste near water bodies in Gurugram. The Tribunal noted that the waste had been lifted and shifted to a designated processing facility. Barring a future complaint, the matter was dismissed.

What did the court decide?

Original Application No. 1052/2024 and IA No. 361/2024 were disposed of.

Kundan Veer Singh Bhullar and Ors. vs Ministry of… — Environment and Pollution | NGT (2024)

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Item No. 16

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 1052/2024 (IA No 361/2024)

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Kundan Veer Singh Bhullar & Ors.

Applicant(s)

Versus

UOI & Ors.

Respondent(s)

Date of hearing: 20.11.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Respondents: Mr. Rahul Khurana, Adv. for R - 3 & 4 Mr. Atif Suhrawardy, Adv. for CPCB (Through VC) Ms. Bihu Sharma, Adv. for MoEF & CC (Through VC)

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ORDER

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In this original application, compliant of the applicant was against illegal dumping of construction and demolition waste near water bodies of Village of Balola, District Gurugram, Haryana by respondent no.3Municipal Corporation, Gurugram.

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Allegation of the applicant was that though it was not a designated dumping site yet illegal dumping was done by respondent no.3.

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Tribunal while issuing notices in this original application on 08.08.2024 had taken note of Sub Rule 4 of Construction and Demolition Waste Management Rules, 2016 in respect of duties of waste generator and Rule 6 prescribing the duties of local authority.

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Reply dated 19.11.2024 has been filed by respondent no.3 clearly stating that there is no plan to set up any site for dumping of C&D waste

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on the land near water bodies of Village Balola, District Gurugram i.e. site complaint off in the present original application. In the reply, it is also stated that C&D waste which was lying in the area concerned has been lifted. Stand of respondent no.3 in its reply in this regard is as under:

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“4 . At the outset, it is denied that it is plan of answering respondent to setup any site for dumping of C&D waste on the land near the water bodies of village Balola, District Gurugram. It is also denied that any sewage treatment plant is being constructed on the land in question.

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5 That it is relevant to mention here that under 'Solid Waste Environment Exigency Program' in Gurugram to lift the road side waste, the C&D waste was also lifted from road sides, by the agency hired by answering respondent. During this process, C&D waste was also lifted from the areas nearby the land in question which is under ownership of the answering respondent. The waste was collected on the said land on 14.07.2024 and 15.07.2024, thereafter, same was shifted to C & D waste processing facility at village Basai for processing of waste. It is humbly submitted that land is question used for temporary collection is not adjacent to any water body as alleged.

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6. That it is not planned to transported and collect the C&D waste at the land in question. The current photographs of the area in question depicting the latitude and longitude are annexed herewith as Annexure R-1. In case of any plan in future on the land in question, compliance of C&D waste management Rules shall be adhered to.

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7. That it is worthwhile to mention here that answering respondent has already entered into an agreement with Indo Enviro Integrated Solutions Private Limited to setup, operate and maintain C & D Waste as per relevant Rules. Accordingly, the Concessionaire has already establish the C & D waste processing facility in 2016 at village Basai (Gurugram) for proper disposal of construction & demolition waste generated in Municipal Limits of Gurugram. The C & D waste is being lifted and sent to this designated site for scientific disposal through the concessionaire ”

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Learned Counsel for the applicant does not dispute that C&D waste

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has now been cleared but he has expressed an apprehension that C&D

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waste may be dumped again. If any such incident of illegal dumping of C&D waste takes place in the area concerned, it will be open to the applicant to make a complaint to respondent no.3 who on receipts of such a complaint will take immediate appropriate remedial measures.

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OA is accordingly disposed of.

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Pending IA (361/2024) is also disposed of.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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November 20, 2024 Original Application No. 1052/2024 (IA No 361/2024) JG..

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Kundan Veer Singh Bhullar and Ors. v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

Kundan Veer Singh Bhullar and Ors. v. Ministry of Environment Forest and Climate Change

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

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