Disposed

New Paper Article Published in Dainik Bhaskar Dated 16TH Oct 2023 Regarding Dumping of Waste in River Area of Kaliyasot Madhya Pradesh v. State of Madhya Pradesh

NGT4 Apr 2024Original Application No. 150/2023

Case brief

AI extract

What is this about?

The Tribunal addressed a PIL regarding an allegation of dumping sweeping waste at Kaliyasot Dam. After inspecting the site, the committee found sweeping dust had been removed but illegal Solid and Construction waste existed. The Municipality cleared the waste. The Tribunal disposed of the application, directing the Corporation to prevent future dumping.

What did the court decide?

Direction to Bhopal Municipal Corporation to ensure no dumping of solid waste within the catchment of Kaliyaste dam or water bodies.

New Paper Article Published in Dainik Bhaskar Dated 16TH… — Environment and Pollution | NGT (2024)

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Item No. 06

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No.150/2023(CZ)

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In re: News paper article published in Dainik Bhaskar daily dt. 16.10.2023 regarding dumping of sweeping waste/dust at the bank of Kaliyasot Dam in Dist. Bhopal

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Date of Hearing: 04.04.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant (s):

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For Respondent(s) : Mr. Om Shankar Shrivastav, Adv. Mr. Mehul Bhardwaj, Adv. Ms. Shikha Singh Chouhan, Adv.

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ORDER

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The matter was initiated on the basis of news item published in Dainik Bhaskar daily dated 16.10.2023 regarding dumping of sweeping waste/dust at the bank of Kaliyasot Dam in District Bhopal in violation of environmental rules. The Tribunal took cognizance and constituted a committee to submit the factual and action taken report. The members of the committee visited the site and submitted the report with the following facts :

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“The joint committee has visited the Kaliasot Dam, nearby areas, backwater area of Kaliasot dam around Suraj Nagar to identify the place of dumping of sweeping dust along with Mr. Rajeev saxena. During the inspection of the area under question, the observations made by the committee are outlined below:

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Despite the concern raised in the newspaper article about the illegal dumping of road sweeping dust, no road sweeping dust was found dumped at the site during the inspection on 15.12.2023. Shri Rajeev Saxena has shown the place where the sweeping dust was dumped and informed that after the publication of news, the sweeping dust was immediately removed from the place.

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Shri Saxena informed that there is total 04 nos. of Mechanical Sweeping Machines (MSM) in the city. Only 01 no. MSM runs in the area only once in a week during night. The sweeping dust collected

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from the roads of this area is sent to the nearby Nagar Nigam transfer point located at Garbage Transfer Station at Bhadbhada.

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The committee noted that the unsegregated Municipal Solid Waste and C&D Waste had dumped near the backwater area of Kaliasot dam. The committee has observed foul bed smell at the site which is itself showing that illegal dumping of MSW Waste was going on at the site.

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Illegal dumping of C&D Waste was observed along both the road side of the Neelbad road passing through the Suraj Nagar area.

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However, on dumping of MSW at the site it was assured by Shri Rajeev Saxena that the site will be cleaned within 02 days’ time.

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As information collected from Bhopal Nagar Nigam regarding generation of Solid waste in the area, Suraj Nagar area comes under Zone 21 & Ward 26 is having population of around 3900; and daily solid waste generation from the area is approx. 2 TPD. Bhopal Nagar Nigam has deputed 01 no. garbage collection vehicle for doorto-door solid waste collection from the area.

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S. No.	Particulars	Details
1.	Total MSW generation of Bhopal City	Approx. 850 TPD
2.	Total Treatment Capacity available	987 TPD
3.	Total no. of Garbage Collection Vehicles	469
4.	Population of Suraj Nagar area	3915
5.	Suraj Nagar Zone & Ward	Zone 21, Ward No. 26
6.	Total waste generation from SurajNagar area	Approx. 2 TPD
7.	No. of Garbage Collection Vehicles deputed in Suraj Nagar area	01
8.	GPS Facility available	All Garbage Collection Vehicles

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M.P. Pollution Control Board issued a letter vide letter no. 2532 dated 15/12/2023 to Municipal Corporation Bhopal for removing of MSW and C&D Waste.

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The site was re-visited on 28.12.2023 and it was found that the solid waste dumped at the site was cleared by Municipal Corporation Bhopal and sent to the facility for treatment.

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Respondent No. 3 /CPCB has filed the reply with the facts that protection of water bodies and disposal of solid waste is governed by Rule 15 of the Solid Waste Management Rules, 2016 which provides

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as follows :

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The duties and responsibilities of Local Authorities is provided under Rule 15 of the Solid waste Management Rules, 2016. The major responsibilities of the local authorities include the following:

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Rules 15(a): Preparation of solid waste management plan.

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Rule 15(b): Arrangement for door to door collection of solid waste. Rule l5(g): To direct waste generators not 10 litter, bum or burry solid waste.

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Rule l5(h): Set up material recovery facility or secondary storage facility.

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Rule 15(q): Transport segregated biodegradable wastes to processing facilities.

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Rule 15(r): Transport non-biodegradable waste to respective processing facilities.

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Rule 15(v): Facilitate construction, operation and maintenance of solid waste processing facilities and associated infrastructures.

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Rule 15 (zg): Create public awareness through information, education and communication campaign.

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With regards to the management of street sweepings the responsibilities of the local authorities are provided in Clause 15(n) and Clause 15(o) of the SWM Rules, 2016, which are reproduced as under:

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15(n) The local authorities and Panchayats shall collect separately 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 local situation;

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15(o) The local authorities and Panchayats shall set up covered secondary storage facility for temporary storage of street sweepings and silt removed from surface drains in cases where direct collection of such waste into transport vehicles is not convenient. I4lasle so collected shall be collected and disposed of at regular intervals as decided by the local body

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Further, as far as dust from Construction & Demolition waste is concerned; it is submitted that, for handling and management of Construction & Demolition waste, "The Construction and Demolition Waste Management Rules, 2016" has been notified by Central Government vide G.S.R. 317(E) dated 29th March,2016. The answering Respondent no. 3, CPCB issued 'Guidelines on environment management of Construction & Demolition Waste' in compliance of Rule 10 sub-rule 1(a) of C&D Waste Management Rules, 2016, published in March, 2017 to address the issues pertaining to abatement of adverse environmental impacts arising from C&D waste management activities. CPCB further issued 'Guidelines on dust mitigation measures in handling construction material and C&D wastes (November, 2017).'The aforesaid CPCB guidelines are available on the Website of CPCB (http://cpcb.nic.in4. The said guidelines are annexed herewith and marked as Annexure R - 3/l(A) & R - 3/l(B). With regard to dust from C&D activity, Central Government has notified 'The Environment (Protection) Amendment Rules, 2018" vide G.S.R. 94(E) dated 25th January, 2018 under sections 6 and 25 of the Environment Protection) Act 1986 (29 of 1986) where following Rules are notified.

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'Mandatory implementation of Dust Mitigation Measures for Construction and Demolition Activities for projects requiring Environmental Clearance"

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And

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"Mandatory implementation of Dust Mitigation Measures for all Construction and Demolition Activities".

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Respondent No. 2 Bhopal Municipal Corporation has submitted that the authorities made inspection just after the complaint of alleged dumping of dust and it was found that from Bhadbhada to Ratibad new road is under construction by the PWD Department and in furtherance maximum plantation for beautification of the road side as well as the divider was also under process, therefore, soil was dumped besides the road side for plantation purposes and it was further found

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that contractor engaged for construction has wrongly lifted the soil and dumped in low lying area which was taken care of by the department and it was taken away by the Municipal Corporation. The Municipal Corporation has further filed the compliance status with the facts as follows :

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i. The site visited is located near Suraj Nagar area on left side of Bhadbhada-Ratibad Main Road.

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ii. No accumulation of solid waste dumped was found on the site.

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iii. The approach road of this site is obstructed by Nagar Nigam by excavating a drain of approx 3 ft. wide across the road no prevent the entry of vehicle in the area.

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iv. A letter dated 14.03.2024 was issued by MPPCB to Municipal Corporation, Bhopal to ensure no dumping of solid waste/ and other material in the catchment of Kaliasot dam.

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The perusal of the compliance report shows that there was no accumulation of solid waste and proper arrangements for preventing the vehicle for dumping the solid waste has been undertaken by the Bhopal Municipal Corporation.

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In light of the compliance report, we finally dispose the Original Application No. 150/2023 (CZ) with a direction to Bhopal Municipal Corporation to ensure that there should not be any dumping of solid waste within the catchment of the Kaliasote dam or the water bodies.

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With these observations, the Original Application No. 150/2023 (CZ) stands disposed of.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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4^th April, 2024 M.A. No. 150/2023(CZ) K

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New Paper Article Published in Dainik Bhaskar Dated 16TH Oct 2023 Regarding Dumping of Waste in River Area of Kaliyasot Madhya Pradesh v. State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

New Paper Article Published in Dainik Bhaskar Dated 16TH Oct 2023 Regarding Dumping of Waste in River Area of Kaliyasot Madhya Pradesh v. State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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