This order disposes of an application regarding garbage mismanagement at a transfer station in Faridabad. The court directed the Municipal Corporation to repair the boundary wall by 31.12.2024 and ensure no dumping occurs outside the facility.
Direction to MCF to repair boundary wall by 31.12.2024 and prevent dumping outside transfer station.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No. 04
Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Original Application No. 33/2024
Ajay Lal Malik
Applicant
Versus
State of Haryana & Ors. Respondents
Date of hearing: 10.09.2024
CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None appeared
Respondents: Mr . Rahul Khurana, Advocate for Respondents No. 1 to 4.
ORDER
1
last several months there has been a total breakdown in handling of waste processing and instead of offloading the garbage inside the facility the same is being dumped on the bye pass road; the road is totally blocked by heaps and foul smelling garbage where scavengers and animals roam around; the dumped garbage lie in the middle of the road; 40 meters away from main gate of Shanti Niketan Public School; it is creating health hazards to the children studying in the said school; the office Smart City Contractors L&T is next to dumped garbage, but everybody responsible for proper functioning has turned a blind eye to this mess.
2
| “ Sr No |
Issue flagged during the site visit |
Decision/Way forward finalized by joint committee |
Ownership | Action Taken |
|---|---|---|---|---|
| 1. | Issue of stray cattle within and outside Sec 21A transfer station due to lack of proper fencing & gate |
As decided by the joint committee, M/s Ecogreen was directed to undertake repairingof the boundary walland gate at the site so that stray cattle do not enter the transferstationand other unauthorizedwastepickers/c ollectors arerestrainedfromdump waste at the site. Further, it was decided that if Ecogreen does not undertake there pair works within 7 days, EE(SBM),MCF shall initiate the said repair works at risk and cost of M/s Ecogreen to avert the situation of public health hazard |
Sh. Anant Suthoo, Project Head, M/s Ecogreen |
M/s Eco Green has not pay heed to the repair work for front boundary wall and installation of proper gate way to the transfer station. Now MCF is getting the work started on its own Levelthroughspecialsan ctionand the work will be got completed Within 10 days and information willbe sent to M/s Eco Green. Thattheexpenditure of this work willbe done at their risk and cost. |
| 2. | Deterioration of surrounding environment duetodumping ofwaste outside theTransferstation on roadsides. |
As decided by the joint committee, M/s Ecogreen was directed for development of greenbelt outside the said transfer station so that the deterioration of surrounding sites/areascanbe avoided. |
Sh. Anant Suthoo, Project Head, M/s Ecogreen. |
The green belt will be developed after construction of boundary wallasmentioned in point no.1 above. |
| 4. | Lack of proper street lightening |
As decided by the joint committee, EE, Division was asked to ensure that the streetlights are installed and made functional at the said location at the earliest |
EE-II |
Thesitewasinspected by the Division Executive Engineer & Junior Engineer, Electrical after which it was found that the street lights in front ofthe transfer station comes under the preview of the HSVP Deptt. In thiscontext, a letter dated 5.03.2024 was written to HSVP to replace themalfunction street lightsA copy of letter isannexed as Annexure R/3. |
3
| 6. | Water pipes were found on t roadsides |
he As decided by the joint committee, JC (NIT) was asked to ensure that the owner of pipes be asked to lift the pipes at the earliest, other wise the same may be confiscated and fine imposed on owner. |
JC (NIT) |
These pipes are kept for NHAI crossing (Mathura Road) by AMRUT Branch.NOC from NHAI has been applied and followed up and is expectedto be received in next week. It is also submitted that these pipes are kept at the road side and not affected any right of way at all. ” |
|---|
“During the meeting the following issues were discussed and corresponding corrective measures required to be taken were finalised as provided below:
| Sr. No. |
Issues flagged during site visit |
Decision/ Way forward finalised by Joint |
Ownership |
|---|---|---|---|
| 1 | Issue of stray cattle within and outside Sec 21A transfer station due to lack of proper fencing & gate |
As decided by the joint committee, M/s Ecogreen was directed to undertake repairing of the boundary wall and gate at the site so that stray cattle do not enter the transfer station and other unauthorized waste pickers/collectorsare restrained from dump waste at the site. Further, it was decided that if Ecogreen does not undertake the repair works within 7 days, EE(SBM), MCF shall initiate the said repair works at risk and cost of M/s Ecogreen to avert the situation of public health hazard. |
Sh. Anant Suthoo, Project Head, M/s Ecogreen |
4
| 2 | .Deterioration of surrounding environment due to dumping of waste outside the Transfer station on roadsides. |
As decided by the joint committee, M/s Ecogreen was directed for development of greenbelt outside the said transfer station so that the deterioration of surrounding sites/areas can be avoided. |
Sh. AnantSut hoo, Project Head, M/s Ecogreen |
|---|---|---|---|
| 3 | .Lack of regular staff at Transfer station |
As decided by the joint committee, MOFI was asked to immediately depute staff at all transfer stations to keep a record of vehicles entering/leaving the transfer station. The said staff will also report if any issue of over accumulation of waste/mismanagement of TS by Ecogreen arises. |
MOH |
| 4. | Lack of proper street lighting. |
As decided by the joint committee, EV, Div-II was asked to ensure that the street lights are installed and made functional at the said location at the earliest. |
BB-II |
| 5. | During the visit, it was observed that waste such as cloth pieces, leather, etc. was also found on the site which should ideally be not mixed with MSW |
As decided by the joint committee, AEE,11SPC13, Faridabad was instructed to inspect whether any industrial waste is being dumped at the site by nearby industrial units, if any. Also, penalise the industrial units if they are found to be violating SWM Rules or other norms. Further, MOFI was asked to issue notice lo all vendors of Ecogreen to ensure that no waste other than segregated MSW (like plastic waste, industrial waste, etc.) is brought to the transfer station; else penalty must be imposed on vendors for not complying with SWM Rules, 2016. |
RO HSPCB Faridabad |
| 6 | .Water pipes were found on the Roadsides. |
As decided by the joint committee, JC (NIT) was asked to ensure that the owner of pipes be asked to lift the pipes at the earliest, otherwise the same may be confiscated and fine be imposed on the owner. |
JC (NIT) |
5
| 7 | Sweeping of road. | As decided by the joint committee, MOFI was Asked to monitor & ensure daily sweeping/cleaning of roads in the nearby areas sothat proper sanitation can be maintainedinthe area. |
MOH |
” |
|---|
described as under:-
“
| Sr. No. |
Issues Flagged during site visit |
Decision/ Way Forward finalized by Joint Committee |
Action Taken by MCF |
|---|---|---|---|
| 1 | Issue of stray cattle within and outside Sec 21A transfer station due to lack of proper fencing & gate. |
As decided by the Joint Committee, M/s Ecogreen was directed to undertake repairing of the boundary wall and gate at the site so that stray cattle do not enter the transfer station and other unauthorized waste pickers/collectors are restrained from dump waste at the site. Further, it was decided that if Ecogreen does not undertake the repair works within 7 days, EE(SBM), MCF shall initiate the said works at risk and cost of M/s Ecogreen to avert the situation of Public Health Hazard. |
In this matter, it is stated that now, MCF has to maintain these premises at our own level. The Scope of work was under the jurisdiction of M/s Ecogreen- the Concessionaire for ISMW Project of Faridabad-GGN Cluster. However, due to non- performance by the concessionaire, the gate and Boundary wall were repaired and were shown to Hon’ble Tribunal during hearing dated 09.04.2024 through video conference during hearing. Now, this wall has accidentally broken again. MCF has prepared the estimate. The work will be allotted after inviting the tenders and the same will be completed by 31.12.2024. The agreement with M/s |
6
| Ecogreen has already been terminated by the Government. |
|||
|---|---|---|---|
| 2 | Deterioration of surrounding environment due to dumping of waste outside the transfer station on roadsides. |
As decided by the Joint Committee, M/s Ecogreen was directed for development of greenbelt outside the said transfer station so that the deterioration of surrounding sites/areas can be avoided. |
Waste is being lifted regularly. Green belt outside the Transfer Station is being maintained by MCF. Photographs of the same are attached atAnnexure-1. |
| 3 | Lack of regular staff at Transfer Station. |
As decided by the Joint Committee, MOH was asked to immediately depute staff at all transfer stations to keep a record of vehicles entering/leaving the transfer station. The said staff will also report if any issue of over accumulation of waste/mismanagement of TS by Ecogreen arises. |
The Sufficient staff has been deputed at the site and are maintaining the site properly. The Medical Officer of Health is monitoring the situation regularly. |
| 4 | Lack of Proper Street Lightning. |
As decided by the Joint Committee, EE Div.-II was asked to ensure that the streetlights are installed and made functional at the said location at the earliest. |
The Street Lightning are maintained and are in working condition. |
| 5 | During the visit, it was observed that waste such as cloth pieces, leather etc. was also found on the site which should ideally be not mixed with MSW. |
As decided by the Joint Committee, AEE HSPCB, Faridabad was instructed to inspect whether any industrial waste is being dumped at the site by nearby industrial units, if any. Also, penalize the industrial units if they are found to be violating SWM Rules or other norms. Further, MOH was asked to issue notice to all vendors of Ecogreen to ensure that no waste |
The Industrial Waste is not being dumped at this transfer station. As stated in Point No. 1 the concession agreement has been terminated. Now, MCF is getting this work at its own level. |
7
| other than Segregated MSW(like Plastic Waste, Industrial Waste etc.) is brought to the transfer station else penalty must be imposed on vendors for not complying with SWM Rules, 2016. |
|||
|---|---|---|---|
| 6 | Water Pipes were found on the roadsides. |
As decided by the Joint Committee, JC(NIT) was asked to ensure that the owner of pipes be asked to lift the pipes at the earliest, otherwise the same may be confiscated and fine be imposed on the owner. |
A Sewerage Project is in progress under AMRUT scheme. The Pipes are being utilized in the project the work was held up due to rains. However, the pipes are not obstructing the movement of vehicles. |
| 7 | Sweeping of Road | As decided by the Joint Committee, MOH was asked to monitor & ensuredaily sweeping/cleaning of roads in the nearby areas so that proper sanitation can be maintained in the area. |
The Sweeping of road is being done regularly and being monitored by Medical Officer of Health. ” |
8
of Solid Waste Management Rules, 2016 in all aspects and also to complete boundary wall as per the timelines given i.e. 31.12.2024 and ensure that no garbage dumping is taken place outside the transfer station and on the road.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM
September 10, 2024 O.A. No. 33/2024 A
9
2 issues framed by the court
Whether the Municipal Corporation, Faridabad must adhere to the timeline for repairing the transfer station boundary wall.
Whether directions are necessary to prevent garbage dumping outside the transfer station and on roads.
Colour shows how this judgement treated each authority
Municipal Corporation of Greater Mumbai vs. Ankita SinhaReferred¶14
Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401 · Who else cites this
2 provisions across 2 enactments
Ajay Lal Malik
State of Haryana
Sudhir Agarwal
Afroz Ahmad
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
