Disposed

Smt Haripriya Patel v. State of Odisha

NGT8 Aug 2024Original Application No. 21/2024

Case brief

AI extract

What is this about?

N.G.T. examined a suo-moto application regarding garbage accumulation at TTS, Bhubaneswar. After reviewing a fact-finding committee report and respondent affidavits, the court found processing ongoing and directed completion of legacy waste disposal by March 2026 and MRF installations by December 2024.

What did the court decide?

Direct Bhubaneswar Municipal Corporation to complete legacy waste disposal by 31st March, 2026, and complete specified Semi-automatic Material Recovery Facilities by 31st December, 2024.

Smt Haripriya Patel vs State of Odisha — Environment and Pollution | NGT (2024)

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Court No.1

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Item No.07

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.21/2024/EZ

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IN THE MATTER OF
Smt. Haripriya Patel ,
……….Applicant(s)
Versus
1. Department of Environment and Forest,
Government of Odisha, through its Principal Secretary
2. Odisha State Pollution Control Board,
Through its Member Secretary
3. Central Pollution Control Board,
Through its Member Secretary
4. Bhubaneswar Municipal Corporation,
Through its Municipal Commissioner, Bhubaneswar
………..Respondent(s)
Date of hearing: 08.08.2024
CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Smt. Haripriya Patel, in person (in Virtual Mode)

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For Respondent(s) : Ms. Papiya Banerjee Bihani, Advocate for R-2 (in Virtual Mode), Mr. Dipanjan Ghosh, Advocate for R-3, Mr. Rajib Ray, Advocate for R-4

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ORDER

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Affidavit dated 06.06.2024 has been filed by the Respondent No.4, Bhubaneswar Municipal Corporation; the same is taken on record.

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The Applicant, Smt. Haripriya Patel, who is appearing in person, is connected through the Virtual Mode but is not responding to any of our queries.

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The Original Application was taken up suo-motu on a complaint submitted by one Smt. Haripriya Patel, stated to be residing at 106, Lumbini Enclave Chandrasekharpur near Care Hospital, Bhubaneswar – 751021, Odisha, bringing to the notice of the Tribunal an article published in ‘the Times of India’ on 15.12.2023 under the heading “Stench from garbage dump at TTS a health hazard: Experts”.

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The news article has been placed on record which mentions that there is a huge garbage dump at Temporary Transit Station (TTS) of Bhubaneswar Municipal Corporation near Sainik School. The article further mentions that there is at least 54,000 tonnes of garbage deposited at the site in question. The handling capacity of waste of Bhubaneswar city is 300 tonnes per day whereas the city now generates about 700 tonnes of waste which during monsoon crosses 800 tonne mark.

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In the article, it is stated that 36 Micro Composting Centers (MCCs) and 22 Material Recovery Facilities (MRF) have been installed for processing 250-300 tonnes of dry and wet waste at ward level through door-to-door collection for which the Bhubaneswar Municipal Corporation has roped in seven NGOs with a fleet of 400 vehicles.

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It is stated that the rest of the waste is mixed garbage mostly dumped by bulk waste generators at random places and collected by private agencies engaged in bringing it to the TTS near Sainik School. It is also alleged that the bulk waste is generated mostly by hotels, eateries, commercial buildings and industries as well as apartments which do not follow the BMC’s norms of waste segregation and garbage handover norms.

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It is further stated that the windows of Sainik School and Kendriya Vidyalaya have to be kept closed to protect students from the smell and odour and ill-effects of the garbage dumping site which is located less than 100 meters away in violation of the Siting Criteria.

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Affidavit dated 30.03.2024 has been filed by the Respondent No.2, Odisha State Pollution Control Board and along with this affidavit an Inspection Report of the Committee constituted by the Tribunal has been filed. The Inspection Report reads as under:

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“REPORT OF THE COMMITTEE BEFORE THE HON‟BLE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA IN THE MATTER OF ORIGINAL APPLICATION NO.21/2024/EZ

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1. Background:

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The present Original Application is being taken up suo-motu on a complaint submitted by one Smt. Haripriya Patel stated to be residing at 106, Lumbini Enclave Chandrasekharpur near Care Hospital, Bhubaneswar – 751021, Odisha, bringing to the notice of the Tribunal an article published in „the Times of India‟ on 15.12.2023 under the heading “Stench from garbage dump at TTS a health hazard: Experts”,

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Hon‟ble NGT has passed an order on 31.01.2024, the relevant portion of which is reproduced as under:

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“In order to elicit the veracity of the allegations made, we deem it appropriate to constitute a fact-finding Committee comprising of the following Members:-

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i. Senior Scientist, Odisha State Pollution Control Board,

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ii. Senior Scientist, Central Pollution Control Board, and

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iii. Senior Scientist/Environmentalist, Bhubaneswar

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Municipal Corporation, Bhubaneswar

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The Committee shall inspect the site in question and submit its Report within four weeks on affidavit regarding the allegations made.

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The Odisha State Pollution Control Board shall be the Nodal Office for all logistic purposes and for filing the Report of the Committee on affidavit within four weeks.”

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2. Constitution of Committee

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In compliance with that following committee is constituted:

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i. Dr. Binod Bihari Dash, Additional Chief Environmental

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Scientist, State Pollution Control Board, Odisha

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ii. Abhijit Pathak, Scientist „D‟, Central Pollution Control

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Board, Regional Directorate Kolkata and

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iii. Dr. Manoranjan Sahu, Deputy Commissioner,

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Bhubaneswar Municipal Corporation, Bhubaneswar.

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The members of the committee had a meeting on 24.02.2024 at the BMC office, Bhubaneswar, followed by a visit to the site in question and other MSW management sites in Bhubaneswar city. A list of participants who attended the meeting and field visits is given in Annexure I and Annexure II .

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The members of the committee met again on 25th February to finalize the fact-finding report. The List of participants who attended the meeting Annexure III .

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3. About Bhubaneswar Municipal Corporation (BMC) and its responsibility in Waste Management

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Bhubaneswar Municipal Corporation (BMC) which was constituted in the year 1948 as a Notified Area Council became a Municipality in the year 1979 and finally was declared as a corporation in the year 1994. The area of BMC is spread over 200 sq. K.M. which is divided into 3 Zones (South East, South West & North) and further subdivided into 67 municipal wards.

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BMC is responsible for city sanitation and hygiene to provide endto-end sanitation services from collection of solid waste from doorsteps and streets till its scientific disposal. As per Solid Waste Management Rules 2016, BMC is also responsible for management & disposal of Construction & Demolition wastes, street sweeping

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wastes, horticulture wastes, desilting wastes generated from drain cleaning in addition to domestic dry and wet wastes.

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4. Solid Waste Generation Potential in Bhubaneswar

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Municipal Area

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As per the 2011 Census, the population of the city is 8,86,397, the census data for 2021 is yet to be published and therefore, it is estimated that the population under BMC jurisdiction is anticipated to be approximately 13 lakhs at present and being the capital city of the State, the daily influx of floating population is estimated to be around 2 lakhs thereby leading to approximately 15 lakhs waste generators.

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The current potential generation of Municipal Solid Waste in 67 wards of BMC is approximately 800 tonnes per day (800 TPD). The wet waste is approximately 384 Metric tons/day of the total mixed waste and dry waste is 416 Metric tons/day.

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5. Present Management Practice of Municipal Solid Waste in Bhubaneswar:

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The Government of Housing & Urban Development Department, Odisha issued a Standard Operating Procedure (SOP) envisaging a unique Decentralised Waste management model by involving community participants and empowerment of Women Self Help Group (SHG) members. As per the Standard Operating Procedure, the ULB have its own fleet of vehicles equipped with separate compartments for segregated collection of dry and wet waste. Members of SHGs are responsible for Door to Door collection of segregated waste and transport the same to a Micro Composting Centre (MCC) and Material Recovery Facility (MRF). In Bhubaneswar city, there are 22 such “Wealth Centres” where both MCC and MRF coexists. In addition to these, there are independent MCCs (14 nos.) in addition to the 22 MCCs existing at “Wealth Centres”. At these centres segregated wet waste goes for Composting at MCC and dry waste is sorted into various categories and further channelized to recyclers directly or through authorized intermediaries. It was started that each MCC and MRF shall have maximum throughput capacity of 5 TPD which is entirely being operated and managed by the SHG groups. Total

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installed capacities to handle 110 TPD (Tonne per day) MRF and 180 TPD MCC in wealth centres.

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A. Collection and Transportation of Wastes:

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In order to ensure door-to-door collection of the MSW generated in the city, BMC has currently engaged 435 nos. specially designed Light Commercial Vehicles and 55 nos. Battery Operated Vehicles have separate compartments for segregated collection of dry and wet waste. In addition to these, 200 manual push carts are also engaged for door-to-door collection of segregated waste where access to narrow lanes, and by-lanes in residential areas by LCVs/BOVs is not possible. The transport activity from households to treatment facilities is being managed through the involvement of seven (7) NGOs.

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The door-to-door collection efficiency is more than 90% whereas the source segregation efficiency is around 50%-60% as reported by BMC. The optimum processing efficiency of Municipal Solid Waste can be achieved by proper segregation of Municipal Solid Waste at the source of generation. In order to ensure source segregation and to inculcate the habit of source segregation in the citizens of Bhubaneswar BMC has taken several initiatives which are as follows:

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Engagement of 4 nos. Swachha Sathis in each ward for day-

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to-day awareness by reaching out to the households daily. The performance effectiveness of the awareness campaign is being assessed and monitored.

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The door-to-door collection vehicles were specifically designed

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with separate compartments and signages were fixed in each vehicle to generate awareness of source segregation.

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All the vehicles are equipped with a public address system

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(Mike) to request and make the citizens aware to provide segregated waste i.e., wet & dry waste. The vehicles are continuously playing jingles and songs to attract, convince, and request the citizens to provide segregated waste on daily basis while executing the door-to-door collection activities.

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Several other methods of IEC campaigns such as meetings,

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rallies, door to door campaigns are being organized by BMC from time to time to inculcate behavioral changes in citizens

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to enhance collection & segregation efficiency to 100%.

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The segregated waste is transported to the Decentralized Wealth Centres established in different wards of the city. The available waste treatment facilities are tagged with designated wards (in group or individual) in such a way that the collected waste can reach the respective designated wealth centre (Consisting of Micro Composting Centre & Material Recovery Facilities MRF) or standalone Micro Composting Centre (MCC) for their scientific disposal within the stipulated time. The list of Material Recovery Facilities (MRF) & Micro Composting Centre (MCC) in municipal jurisdiction is given in Table 1 & Table 2:

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	*Table1*	*: Ward wise Designated M*	*RF Operated by BMC*
SL NO	*ZONE*	*NAME OF MRF*	*WARDS* *TAGGED*	*CAPACITY* *(TPD)*
1		TTS Sainik School	12,17	5
2		TTS Sainik School	25, 27	5
3		Gadakana	9,11	5
4		Kanan Vihar	2,3	5
5	NORTH	Prasanti Vihar	1,6	5
6		Naharakanta	4	5
7		Pandra	18,19	5
8		Hatiasuni	7,13,16,20,21,26	5
9		Palasuni	5,10	5
10		Niladri Vihar	8,14	5
11		Nicco Park	28,29,35,36,41	5
12		Unit 1	40,53	5
13		Badagada	43,44,45	5
14	SOUTH EAST	Basuaghai	30,34,58,59	5
15		Laxmi Sagar	31,32,33,42	5
16		Lingaraj ROB	54,55,60,61,67	5
17		Mahinsakhal	56,57	5
18	SOUTH	Bharatpur	22,23,24,49	5
19	WEST	Pokhariput	46,51,52,62,63	5

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20	Baramunda	15,50	5
21	Bhagwanpur	64,65,66	5
22	Unit 8	39,47,48	5
			*110*

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Table 2: Ward wise Designated MCC Centres

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*Sl.* *No.*	*ZONE*	*Functional MCC*	*WARDS TAGGED*	*CAPACITY* *(TPD)*
1		TTS, SAINIK SCHOOL	12 & 17	5
2		Pandara	18 & 19	5
3		Niladri Vihar	8, 14	5
4		Kanan Vihar	2,3	5
5	Nth	Prasanti Vihar	1&6	5
6	or	Naharakanta	4	5
7		Gadakana (TTS Front)	9 & 11	5
8		Hatiasuni	16,20,21,26,7&13	5
9		Hatiasuni		5
10		Palasuni	5 & 10	5
11		Nicopark -36	36	5
12		Nicopark -28 &29	28,29	5
13		Nicopark -35	35	5
14		Laxmisagar – 32,33	32 & 33	5
15		Mahinsakhala	56 & 57	5
16		Badagada	44	5
17		Basuaghai	59	5
18	South East	Badagada	43 & 45	5
19		Laxmisagar -31,42	31 & 42	5
20		Nicopark	41	5
21		Unit- 1	40 & 53	5
22		Unit- 1		5
23		Basuaghai	58	5
24		Basuaghai	30,34	5
25		Lingaraj ROB	54,55,60,61,67	5
26		Lingaraj ROB		5
27		Unit- 8	47,48	5
28	Sth	Unit- 8	39	5
29	ou West	Baramunda	50,15	5
30		Bharatpur	23 & 49	5
31		Bharatpur	22 & 24	5

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32		Pokhariput		51 & 52	5
33		Pokhariput		62	5
34		Pokhariput		46 & 63	5
35		Bhagbanpur		64 & 66	5
36	B	Bhagbanpur		65	5
	.		To	*tal*	*180*

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Activities performed in Wealth Centres

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i) Micro Composting Centre:

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Segregated wet waste collection from door steps.

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Unloading of Wet Waste at MCC

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Secondary sorting of dry components by Swacch Karmis

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Shredding of Wet Waste mixed with EM Solution and Rice husk

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Shredded waste put into pit

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Turning of waste for aeration every 3-4 days

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Degraded waste in 42-45 days.

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Drying of degraded waste

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Sieving of waste

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Retrieving of compost

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Packaging and releasing to market for sale

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The wealth centres are operated by Women SHGs daily for the recovery of compost, Recyclables, and Refuse Derived Fuel (RDF) materials. The compost is collected and packaged in different-sized bags as per the requirement of the customer and sell under the brand name of “Mo Khata” (My Fertilizer) to various downline departments and other customers. The detail of sale records of “Mo Khata” produced from waste to wealth (165.125 Tonnes) during 01.01.2023 to 31.12.2023 is given below:

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Table-3 Sale Records of “Mo Khata”

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*Sl.* *No.*	*Name of the line Dept. / Local sale*	*Mo Khata* *Compost Sold* *(MT)*
1	EO, Nayagarh (Asst. Horticulture Nayagarh & Nuagaon Block)	33.125
2	Revenue Officers Training Institute (ROTI)	0.5
3	Environmental Officer, BMC	11.84
4	Bhubaneswar Development Authority	1
5	OFDC LTD, Patnagarh	10
6	The Forest range Officer, Bhubaneswar	2
7	Sericulture, Bhubaneswar	22.2
8	Revenue Officers Training Institute (ROTI)	0.3
9	 Total Local sales through KIOSK from 01.01.2023 to 31.12.2023	84.16
	 *Total*	*165.125*

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It indicates that the demand of “Mo Khata” is highest in local

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market through Kiosk, hence the waste generators themselves are now interested to use their own waste promoting circular economy.

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(ii) Material Recovery Facility:

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Segregated dry waste collection from door steps

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Unloading of dry Waste at MRF

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Sorting of recyclables

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Bailing of recyclable material and stacking

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Lifting by Authorised channel partners for sale to recyclers

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Non-recyclable materials transportation to Central Factory kiln

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The recyclables wastes generated through manual sorting of dry waste in Mills are sold through (4) four authorized recyclers. BMC has fixed the rates for each type and agreement has been executed with them.

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Recyclable wastes processed at MRF‟s and sold during the period 01.01.2023 to 31.12.2023 is 3309.055 MT and BMC has earned Rs. 2,42,55,982/- as wealth from waste. The detail sale record of recyclable wastes as below:

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Table-4: Sale of Recyclables with Quantity from MRF

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		*(Period Jan,*	*2023 to Dec, 2023)*
*Sl. No.*		*Month*	*Quantity (mt)*	*Amount (Rs.)*
	1	Jan	95.635	422434
	2	Feb	162.92	652090
	3	Mar	265.41	1032162
	4	Apr	281.41	2475835
	5	May	310.62	2517551
	6	Jun	243.87	2156494
	7	Jul	233.73	2267913
	8	Aug	349.29	2764128
	9	Sep	301.92	2541138
	10	Oct	340.63	2880118
	11	Nov	372.28	2323235
	12	Dec	351.34	2222884
			*Total*	*24255982*

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C. Handling & disposal of treated dry wastes as Refuse Derived Fuel (RDF):

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For safe and useful disposal of RDF generated from the waste treatment facilities, BMC has an MoU with M/s Dalmia Cement (Bharat) Limited, Rajgangpur, where, it is disposed through Co-processing in cement Kilns.

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D. Management of Inert Wastes

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The Solid wastes (mostly inert) generated from other allied activities i.e. Street Sweeping, C & D wastes Bhubaneswar Municipal Corporation has a mechanism to lift and dispose of the same through low-lying land filling.

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E. Horticulture wastes: The horticulture waste generated in the city are taken to TTS and composed with wet wastes.

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F. Unsegregated Wastes

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The Challenges with handling and disposal of unsegregated or poorly segregated mixed waste are taken care of at TTS for Further processing.

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G. Management of Carcasses/Dead Animals

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BMC has adopted a dedicated separate collection mechanism in the city for handling carcasses (dead animals) for which specifically designed vehicles are engaged. These specific vehicles collect dead animals/carcasses and transport them to a designated burial site at Jamukoli for their disposal as per standard practice prescribed by CPCB. A quick response team has been constituted and operates under the Administrative Control of the City Health Officer for this purpose. The entire process of dead animal/carcass disposal activities is monitored by City Health Officer and his team on daily basis.

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H. Management of Sanitary Waste

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BMC has waste collection Vans where citizens are requested to drop sanitary waste in plasma separate compartments demarcated. BMC has a plan to install plasma-based sanitary waste disposal facility; however sanitary wastes are presently dried with RDF at TTS and sent to M/s Dalmia Cement (Bharat) Ltd. for co-processing in cement kiln.

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I. Industry Waste

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There are four (4) nos. of Industrial Estates under the jurisdiction area of Bhubaneswar Municipal Corporation (BMC), namely Mancheswar IE, Chandaka IE, Rasulgarh IE and Bhagwanpur IE.

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The total quantity of municipal solid wastes generated from these four (4) Industrial Estates (having 935 working units) is estimated to be about 4.48 MT/day. At present BMC is collecting the Municipal Solid Wastes daily with its existing infrastructure and Manpower without collecting/charging any

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user fee. Now BMC has planned to collect user fee from these industrial units and a MoU is under preparation.

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J. Hotel and Restaurant waste

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The waste generated by hotels and restaurants is being collected by BMC on daily basis in a segregated manner and process through the existing facilities.

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K. Market Complex waste

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The waste generated from the market complexes is being collected by BMC on daily basis in a segregated manner and process through the existing facilities.

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6. Legacy Waste in Bhubaneswar and its Management:

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As directed by Hon‟ble NGT in the matter OA 606/2018 dated 31.05.2022 addressing two specific issues Solid waste management and Sewage management. BMC has initiated many steps. On Dtd. 16.01.2019 in the matter OA 606/2018, it was further specifically directed to all states and UTs to ensure proper collection, transportation, and processing of Municipal Solid Waste including commencement of Bio-mining of Legacy Wastes for land reclamation and scientific disposal of waste.

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Earlier BMC used to transport waste from primary collection centers (bins, dhalav, vats) to Dharuthenga village for permanent open land disposal. In addition to that BMC has a Temporary Transfer Station (TTS) Gadakana village, which is inside the municipal boundary. Being a temporary site (TTS) at Gadakana should not accumulate waste as legacy waste.

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Due to public agitation and protest to allow fresh waste at Dharuthenga, Bhuasuni site, TTS had no option left except the accumulation of waste, which was the main reason for attracting the Media and finally the present suo-moto case OA 21/2024 was taken up by Hon‟ble NGT.

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a) Legacy Waste at TTS, Gadakana

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Quantity of Legacy Wastes accumulated in TTS site since the Bhuasuni, Dharuthenga site has seen stopped accepting waste was 1,01,165 Metric ton as on Dtd. 05.11.2023. As TTS is presently operating and accepting solid waste collected by BMC, which are in excess to the collective capacity of wealth centres, about 510 tonnes per day waste is reaching TTS on daily basis. Therefore, the total estimated waste reached including legacy waste of 1,01,165 tonnes since 05.11.2023 till the day of inspection is approximately 1,36,355 tonnes at TTS.

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Since (05.11.2023) BMC has started operation of biomining and wealth centre at TTS about 1,32,950 tonnes of waste have been processed in 69 days (till day of inspection). Total 93,065 tonnes of RDF recovered and out of which 37,000 tonnes have been dispatched to M/s Dalmia Cement (Bharat) Ltd., Rajganpur for co-processing in cement kiln. Processed RDF remained at site is about 56,065 tonnes. Balance legacy waste (3405 tonnes) is yet to be processed simultaneously with daily collected waste (510 TPD). Temporary accumulation of wastes at TTS was stopped since 13.01.2024. Daily wastes being received are processed by windrows composting and making RDF for final disposal through co-processing in cement kiln.

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b) Legacy Waste at Bhuasuni, Daruthenga site

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Since 17^th May 2023 the transportation and dumping of waste at Bhuasuni, Daruthenga site has been completely stopped. The estimated legacy waste deposit to be processed for biomining at Bhuasuni site is about 16,00,000 tonnes. For Bio-mining of the existing dumpsite the tender was finalized at a cost of Rs. 103.00 crores approximately and the agreement was executed with the private agency on Dtd. 23.02.2022 however, the execution of the contract was deferred due to agitation of the local public who were impressing hard upon complete stoppage of dumping prior to execution of the same. Finally, for the development of the infrastructure facility and commencement of the contract, the work order was issued on 15^th October 2023 for Bio-mining

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activities at Bhuasuni site. The time frame for completion of bio-mining activities are as follows:

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Table-5: Schedule of Bio-mining Activity

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S.N.	Activity to be	Time Period	for
	completed	Completion
01	To dispose of	Within 10 mon	ths
	23% of 16 Lakhs MT from Bhuasuni Dumpsite	of Signing Agreement.	of
02	To dispose of	Within 21 mon	ths
	54% of 16 Lakhs MT from Bhuasuni Dumpsite	of Signing Agreement.	of
03	To dispose of	Within 30 mon	ths
	85% of 16 Lakhs	of Signing	of
	MT from	Agreement.
	Bhuasuni
	Dumpsite
04	To dispose of	Within 36 mon	ths
	100% of 16	of Signing	of
	Lakhs MT from Bhuasuni Dumpsite	Agreement.

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The commencement of bio-mining activity at Bhuasuni site was started from 15^th Oct, 2023 and the quantity of waste processed till 9^th of February, 2024 is given as follows:

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Table-6: Processing of Legacy Waste at Bhuasuni site

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Input(In ton)		Output Cal	culatioin
*Year* & *Month*	*Legacy* *Waste*	*Bio-soil* *(40%)*	*Inert* *(30%)*	*RDF* *(15%)*	*Moisture* *(10%)*	*Ground* *Loss(5%)*
October,	10299	4119.60	3089.70	1544.85	1029.90	514.95
2023

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November, 2023	12107	4842.80	3632.10	1816.05	1210.70	605.35
December, 2023	59785	23914.00	17935.50	8967.75	5978.50	2989.25
January, 2024	68145	27258.00	20443.50	10221.75	6814.50	3407.25
February, 2024 (till 9^thFeb)	20076	8030.56	6022.92	3011.46	2007.64	1003.82
*Total*	*170412*	*68164.96*	*51123.72*	*25561.86*	*17041.24*	*8520.62*

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The disposal of Bio-soil/Good earth, RDF and Inert waste by the agency at Bhuasuni site is given as follows:

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Table-7: Disposal of Bio-soil, Good Earth & RDF

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*Year &* *Month*	*Inert*	*Bio-soil*	*C&D*	*RDF*
October, 2023	0	0	0	0
November, 2023	2137.12	1090.06	0
December, 2023	6405.98	4806.3	0	759.81
January, 2024	9745.68	7732.03	104.63	1001.75
February, 2024 (till 9^thFeb)	1002.72	1037.28	68.25	267.66
*Total*	*19291.5*	*14665.67*	*172.88*	*2029.22*

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Salient Observations of the Fact-finding Committee

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a) The Committee has estimated legacy waste at TTS, Gadakana as 1,01,165 Metric ton as of 05/11/2023, which was almost double the quantity (54,000 tonnes) reported in the Newspaper on dtd. 15.12.2023 in “The Times of India”.

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b) The distances from TTS to nearby reputed schools reported in this news itrem were aerially measured using Google Earth and found that Kendriya Vidyalaya is situated at above 1578 meters away, and the Sainik school is at about 208 Meter away from TTS waste processing site.

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c) The committee has inspected the Wealth Centres and observed that composting and MRF operations are being routinely performed and no objectionable storage

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of waste was found or obnoxious odour felt at these sites.

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d) The present scenario at TTS compared to the picture portrayed in the petitioin and News reports has been improved as observed by the Fact-finding committee members. As reported and revealed from records since the waste processing at TTS commenced, about 1,32,950 tonnes of waste got processed; however, 56,065 tonnes of processed RDF are still lsying at the site which is supposed to be sent to M/s Dalmia Cement (Bharat) Ltd. for co-processing.

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e) Only 3405 accumulated tonnes of waste and daily waste inflow are to be processed at TTS.

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f) Newly introduced two (2) line Trommels (40 Tonne/hour each) and three Terex machines (50 Tonne/hour each) operated since December 1st, 2023 have changed the scenario at TTS, BMC has a plan to augment capacity further.

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g) Optimum use of inoculum and deodorant was observed and the odour intensity was bearable at the site.

¶160

h) The committee observed that everywhere the labours and workers were wearing PPEs and Safety Gear.

¶161

i) It was observed by the committee that the concrete floor developed to process wastes with respective machinery has issues in design to collect expected leacfhates from the waste during processing and drying. BMC may be advised to look into the matter and modify the civil design having garland drains all around the parallel drainage connected to Garland drain finally leading to a leachate collection pit.

¶162

j) The Fact-finding committee also visited the old dump site at Daruthenga, Buasuni. BMC has awarded the contract for biomining with a set target to complete the mining in the next 36 months. The total waste to be processed is 16 lakh tonnes.

¶163

k) Out of 169 lakh tonne of legacy waste 170412 tonnes of waste could be processed during the period 15^th October, 2023 to 09^th February as per record. BMC has also declared incentives on processing waste at a faster rate than contract targets. The operator has already proposed to involve more machinery for fast disposal of waste.

¶164

l) At Bhuasuni site the operator has developed well wellmaintained flower garden using good earth processed

¶165

¶166

at the site. This may be a success story if BMC plans to use it for gardening at parks, road dividers, and other areas for beautification and aesthetic development of the city.

¶167

7. Future plan of enhanced solid waste processing facility by BMC:

¶168

¶169

It was also informed to the committee that BMC has plan to install a bio-methanization plant in collaboration with M/s. Oil India Ltd. Preliminary discussion is over and BMC has given consent to M/s. Oil India Ltd. for preparation of DPR for 200 TPD Bio-methanation plant and the first draft is expected by the end of February, 2024.

¶170

ii.

¶171

In order to augment the handling capacity at TTS, a work order for the supply, installation, and commissioning of 15 TPD MRF plants has already been awarded.

¶172

iii.

¶173

The Bidder selected for the establishment of 150 TPD MRF plant at Palasuni and another tender published for 150 TPD MRF plant at the same location.

¶174

iv.

¶175

BMC is also committed to Installation of plasma-based incinerator for sanitary waste.

¶176

8. Conclusion:

¶177

1. The committee has also identified that BMC needs to have an Emergency plan to accommodate waste generated during the monsoon period (almost 4 months) as it is apprehended to be a challenging month to get wastes dry and composted as per schedule.

¶178

2. The compliance with the environmental regulatory formalities wherever applicable in terms of CTE and others shall be taken up by BMC at the earliest.

¶179

3. The continuous monitoring of the performance of BMC in solid waste management may be performed by State Pollution Control Board, Odisha and BMC shall submit the balance sheet of processing of

¶180

¶181

waste every month (by the 10^th day of next month to State Pollution Control Board, Odisha.

¶182

4. BMC shall ensure quick transport and shifting of RDF to disposal facility.

¶183

5. With an increasing load of waste and RDF, BMC may establish MoU with other interested parties for co-processing.

¶184

6. The Good earth may be used by Government departments for horticulture to uplift the aesthetic aspect of the city.

¶185

7. The integrated plan for capacity enhancement tied with projected waste generation for next 15-20 years may be prepared in line with the master plan of BDA (Bhubaneswar Development Authority).”

¶186

The observations of the fact-finding Committee are that the estimated Legacy Waste at Temporary Transit Station (TTS), Gadakana is 1,01,165 Metric tons as on 05.11.2023 which is almost double the quantity of 54000 tonnes reported in the newspaper article dated 15.12.2023. The distance from the Kendriya Vidyalaya was found to be 1578 meters and from the Sainik School it was found to be about 208 meters. The Committee, however, reported that since the waste processing commenced at Temporary Transit Station (TTS) about 1,32,950 tonnes of waste has been processed and 56,065 tonnes of processed Refuse Derived Fuel (RDF) are still lying at the site which is stated to be sent to M/s Dalmia Cement (Bharat) Ltd. for co-processing.

¶187

It is also stated that only 3405 tonnes of accumulated waste and daily waste inflow are to be processed at the Temporary Transit Station (TTS). The Committee has recommended that the Bhubaneswar Municipal Corporation should modify the civil design having Garland Drains all around and parallel drainage connected

¶188

¶189

to the Garland Drain finally leading to a leachate pit. So far as the dump site at Bhuasuni, Daruthenga is concerned, it is stated that the Bhuasuni Municipal Corporation was awarded the contract for Bio-mining with a set target to complete the mining in the next 36 months; the total waste to be processed is 16,00,0000 tonnes. It is stated that out of the 16,00,000 tonnes of Legacy waste, 1,70,412 tonnes of waste could be processed during the period 15th October, 2023 to 09th February, 2024 as per records. It is also stated that at the Bhuasuni site the operator has developed well-maintained flower garden using good earth processed at the site. No timeline has been given for complete processing of the entire Legacy Waste. We, therefore, direct that complete processing of Legacy Waste be completed by 31^st March, 2026 and affidavit of compliance be filed by 30^th April, 2026.

¶190

So far as solid waste processing is concerned, the Committee noted that the Bhubaneswar Municipal Corporation has planned to install a Bio-Methanization Plant in collaboration with M/s Oil India Ltd.; Preliminary discussion is over and the Bhubaneswar Municipal Corporation has given consent to M/s Oil India Ltd. for preparation of Detailed Project Report (DPR) for 200 TPD (Tonnes Per Day) Bio-Methanation Plant and the first draft is expected by the end of February, 2024. The said date has already passed. The Committee has also noted that at the Temporary Transit Station (TTS), work order for the supply and commissioning of 15 Tonnes Per Day (TPD) Material Recovery Facilities (MRF) plants have already been awarded. The Report also notes that Bidder for establishment of 150 Tonnes Per Day (TPD) Material Recovery Facilities (MRF) plant at Palasuni and another tender for 150

¶191

¶192

Tonnes Per Day (TPD) Material Recovery Facilities (MRF) plant at the same location. It is also mentioned that the Bhubaneswar Municipal Corporation has committed to installation of plasmabased incinerator for sanitary waste.

¶193

The Bhubaneswar Municipal Corporation in para 3 of its affidavit has stated as under:

¶194

That in compliance with the said Order dated 19.04.2024, the answering respondent submit the following matter in brief before this Hon‟ble Tribunal which is germane for the purpose of adjudication of this matter:-

¶195

Municipal Area

¶196

¶197

The current potential generation of Municipal Solid Waste in 67 wards of BMC is approximately 800 tonnes per day (800 TPD) out of which the wet waste is approximately 384 Metric tons/day and dry waste is 416 Metric tons/day. Further, on account of growth and expansion of the city in coming 10 years the total population is anticipated to have increased to more than 20 lakhs. The waste generation per day is anticipated to touch 1200-1300 ton per day in coming ten (ten) years.

¶198

¶199

(i) Existing Scenario in Waste Management

¶200

(a) Present waste processing scenario in Bhubaneswar

¶201

Municipal Corporation is as follows:

¶202

*Sl.No*	*Component*	*Quantity in* *Ton/day*
1.	Total Waste Generatioin	800
2.	Waste Management	290
	through Wealth
	Centre (MCC-36 Nos.
	& MRF-22 nos.)
3.	Management of	510
	waste at TTS

¶203

(b) The detail breakup for management of wet and dry waste

¶204

is given in the below mentioned table:

¶205

Sl.No Component Quantity in
Ton/day
A. Wet Waste 384
(i) Management of wet
waste through Micro
Composting Centre
(MCC)
 Total no. of
MCC-36 nos. 180
 Capacity of
each MCC-5
ton/day
 Total
processing
Cap: 36 x
5=180
ton/day
(ii) Management of
waste at TTS (384 204
Ton/day-180
Ton/day)
B. Dry Waste 416
(i) Management of dry
waste through
Material Recovery
Facility (MRF) centre
 Total no. of
MRF-22 nos.
 Capacity of 110
each MRF-5
ton/day

¶206

¶207

		Total processing Cap: 22 x
		5=110 ton/day
*(ii)*	Mana	gement at TTS
	(416 Ton/d	Ton/day-110 ay)	306

¶208

At present BMC has adequate processing facilities to cater the total waste generated in the city. Hence, the waste received on daily basis is being processed in the corresponding processing sites on daily basis. So, there will be no chance of accumulation of waste referring to legacy waste in future.

¶209

(ii)

¶210

Management of Accumulated Legacy Waste

¶211

The accumulated Legacy waste quantity i.e., 3405 ton is already processed. The waste received on daily basis is processed on the same day through windrow composting method to avoid any further accumulation and the RDF is disposed through Dalmia Cement (Bharat) Ltd., by Coprocessing in Cement Kiln.

¶212

(iii)

¶213

Future Plan for management of increased municipal

¶214

waste

¶215

The waste generation in coming years is anticipated to touch 1200-1300 ton/day due to growth of the city and infrastructure development. The future plan for management of increased municipal solid waste is given below:

¶216

*Sl.No*	*Component*	*Quantity* *Ton/day*	*Remarks*
1.	*Total* *Anticipated* *Waste Generation*	*1300*
2.	Waste Management	290	Existing
	through Wealth Centre (MCC-36 nos. & MRF- 22 nos.)		Processing Facility
3.	Management of waste	510	Existing

¶217

¶218

at TTS (204+306) Processing
Facility
4. Semi-automatic 15 Will be
Material Recovery operatioinal by
Facility 1 st Aug, 2024
5. Semi-automatic 150 Will be
Material Recovery operatioinal by
Facility 1 st Aug, 2024
6. Bio-methanatioin Plant 200 Proposed
7. Torrefrraction/Pyrolysis 250 Proposed
(Waste to Oil)
8. Processing of RDF 200 Proposed
generated from the
Material Recovery
Facility (MRF) centres
(i) Plastic Granules
(ii) Plastic Lumbar
(iii) Plastic
Shuttering
Sheet/WPC
board

¶219

1- The Material recovery Facilities proposed at Sl. No.4 and 5 can be operated in two shifts (i.e., 10 hr shift each) to increase the total processing capacity from 165 ton/day to the tune of 330 ton/day.

¶220

2- At present the RDF is being disposed through Dalmia cement (Bharat) Ltd., Rajgangpur, Odisha by co-processing in its cement kiln.”

¶221

It is also stated that the Bhubaneswar Municipal Corporation is making efforts through private agencies having technical expertise and undertaking similar kind of processing activities in different Urban Local Bodies (ULBs) to ascertain the technical feasibility of the project and finalization of project modalities. It is stated that on establishment of the proposed projects in addition to the existing processing facilities the Bhubaneswar Municipal Corporation may

¶222

¶223

cater to the increased municipal waste generation during the coming years.

¶224

The affidavit of the Bhubaneswar Municipal Corporation shows that the current potential generation of Municipal Solid Waste in 67 wards of Bhubaneswar Municipal Corporation is approximately 800 tonnes per day (800 TPD) out of which Wet Waste is approximately 384 Metric tons/day and Dry Waste is 416 Metric tons/day. Moreover, on account of growth and expansion of the city in the next 10 years the total population is anticipated to increase to more than 20 lakhs and waste generation per day is anticipated to be about 1200-1300 ton per day.

¶225

With regard to Waste Management, the chart filed by the Bhubaneswar Municipal Corporation shows total waste generation to be 800 Metric tonnes per day, Waste Management through Wealth Centre (through 36 Micro Composting Center (MCC) and 22 Material Recovery Facilities (MRF)) is 290 tonnes per day, Management of waste at Temporary Transit Station (TTS) is 510 tonnes per day.

¶226

It is stated that the accumulated Legacy Waste quantity of 3405 tonnes has already been processed; the waste received on daily basis is processed on the same day through Windrow Composting Method (WCM) to avoid any further accumulation and the Refuse Derived Fuel (RDF) is disposed of through Dalmia Cement (Bharat) Ltd., by Co-processing in Cement Kiln. The affidavit further shows that Semi-automatic Material Recovery Facility (SaMRF) treating 15 tonnes per day of waste will become operational by 01.08.2024. This date has also passed. Semi-automatic Material Recovery Facility (SaMRF) treating 150 tonnes per day of waste will become

¶227

¶228

¶229

operational by 01.08.2024. This date has also passed. The Semiautomatic Material Recovery Facility (SaMRF) treating 15 tonnes per day of waste and Semi-automatic Material Recovery Facility (SaMRF) treating 150 tonnes per day of waste has already become operational as of date. It is also stated that Bio-Methanation Plant for treatment of 200 tonnes per day of waste is proposed; Torrefaction/Pyrolysis (Waste to Oil) for treating 250 tonnes of waste is proposed; Processing of Refuse Derived Fuel (RDF) generated from the Material Recovery Facility (MRF) centres (i) Plastic Granules (ii) Plastic Lumbar (iii) Plastic Shuttering Sheet/WPC board for 200 tonnes per day of waste is proposed. It is also stated that Material Recovery Facility (MRF) proposed at Sl. No. 4 and 5 in the chart under the heading “Future Plan for

¶230

management of increased municipal waste” can be operated in two shifts (i.e., 10 hr shift each) to increase the total processing capacity from 165 ton/day to 330 ton/day. No timelines have been given for the setting up of the proposed Material Recovery Facilities (MRF) at Sl. No. 4 and 5. Hence, we direct that the works for establishment of Semi-automatic Material Recovery Facility (SaMRF) at Sl. No. 4 and 5 be completed positively by 31.12.2024 and affidavit of compliance be filed by 31^st January, 2025.

¶231

In view of the above steps which have already been taken by the Bhubaneswar Municipal Corporation and the steps proposed to be taken by the Bhubaneswar Municipal Corporation, in our opinion, nothing further remains for adjudication.

¶232

The present Original Application is disposed of with the directions given herein above.

¶233

¶234

I.As., if any, stand disposed of accordingly.

¶235

There shall be no order as to costs.

¶236

.....................................
B. Amit Sthalekar, JM
…..........................................
Dr. Arun Kumar Verma, EM
August 08, 2024,
Original Application No.21/2024/EZ
OM

¶237

Smt Haripriya Patel v. State of Odisha

Case brief

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Smt Haripriya Patel v. State of Odisha

Case brief

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