Applicant complained about illegal garbage dumping near residential schools. Respondents replied that the site was a temporary collection point during a strike and was cleaned. Applicant confirmed resolution. Tribunal appreciated prompt action and disposed of the application.
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.8
(Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid V.C. Option)
Original ApplicationNo.647/2023
Deepu Malik …Applicant Versus State of Haryana & Ors. …Respondents
Date of hearing: 03.05.2024
CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER. HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER. Applicant: Applicant in Person (through VC)
Respondents: Mr. Rahul Khurana, Advocate for Respondents No. 1 to 3.
Application is registered based on a complaint received by Email.
ORDER
O.A. NO. 647/2023 Deepu Malik Vs. State of Haryana & Ors.
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“My name is Deepu Malik, Secretary of D Block RWA, Gurugram.
I am writing to bring to your attention a matter of utmost concern regarding the illegal garbage dumping that is taking place in residential_area of_D Block Palam Vihar near Pratha School and Vijaya Diagnostic. As a concerned citizen and a proponent of environmental preservation I am `deeply troubled by the detrimental effects this activity is having on our local ecosystem and the overall well-being of the community.
Despite of numerous complaints by the RWA and residents, the cleaning agency of the MCG is continuing to dump the waste garbage in the area with the pretext that the MCG has earmarked the area for the dumping site until the arrangement with Eco Green is sort out. This garbage dump site is also located in the vicinity of two schools (Red Roses Public School and Pratha Nursery school) and Vijaya diagnostic center where many school children and patients are getting exposed. [Photos of the latest dumping activity and video are attached herewith].
It is disheartening to witness the degradation of our environment due to the irresponsible disposal of waste. The accumulation of garbage not only poses a significant threat to the health and safety of the residents but also jeopardizes the delicate balance of the surrounding ecosystem. The presence of hazardous substances within the dump is likely to contaminate the soil, water bodies, and air, endangering the flora, fauna, and human populations in the area.
In light of the gravity of the situation, I kindly request the intervention of the National Green Tribunal to address this pressing issue and take appropriate actions to rectify the situation. I urge you to consider the following measures:
I believe that the National Green Tribunal, with its authority and expertise in environmental matters, is well-equipped to address this issue and provide necessary guidance and support to the concerned authorities. Furthermore,
O.A. NO. 647/2023 Deepu Malik Vs. State of Haryana & Ors.
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I kindly request that I be kept informed of any actions taken or progress made in resolving this matter.
I am hopeful that your prompt attention to this matter will lead to the restoration and preservation of our environment, ensuring a healthier and sustainable future for our community. Thank you for your time and consideration.”
questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010, this Tribunal considered it appropriate to seek response from State of Haryana, through District Magistrate, Gurugram; Commissioner, Municipal Corporation, Gurugram and Haryana State Pollution Control Board (HSPCB) through its Member Secretary who were impleaded as respondents No. 1 to 3 and notices were issued to them.
“1) That the area stated to be earmarked for dumping of waste was actually used as secondary collection point by the agency hired by the answering respondent to collect the waste and transport it to the Bandhwari site. It is humbly submitted that said temporary arrangement was provisioned due to strike/no-work caused by the Concessionaire i.e. M/s Eco Green Energy Pvt. Ltd.
1) That in January 2024, the area in question was stopped to be used as secondary collection point and area was cleaned. The photographs of the area in question depicting the latitude and longitude along with various dates are annexed herewith as Annexure R/1.
2) That the answering respondent is committed to get the solid waste collected, transported and disposed of in scientific manner at the processing site at village Bandhwari.
3) That grievance raised in the present OA has been redressed as mentioned above. The overall progress in entire Gurugram w.r.t. solid waste Management is under
O.A. NO. 647/2023 Deepu Malik Vs. State of Haryana & Ors.
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consideration at micro level before this Hon'ble Tribunal in OA No. 172/2021.”
6. Relevant part of the reply filed by HSPCB vide email dated
02.05.2024 reads as under :
“ 2) That as per inputs provided by the Municipal Corporation of Gurugram, the area stated to be earmarked for dumping of waste was actually used as secondary collection point as temporary arrangement by the agency hired by the MCG to collect the waste and transport it to the Bandhwari site during period of strike/no- work by the MCG's Concessionaire i.e. M/s Eco Green Energy Pvt Ltd. It was also informed by the MCG that the area in question has been stopped to be used as secondary collection point and area has been cleaned (Annexure-R/1)
2) That Field Officer, HSPCB visited the area in question on 24.04.2024 and same was found without any waste dumped.
3) That applicant has shared his letter dated 27.01.2024 (Annexure- R/2) addressed to the Commissioner, MCG confirming about resolution of this complaint.”
“Subject: Update on complaint raised for Illegal Garbage dump in residential area in D block Palem Valet Dear Sir, Dear Sir
I am writing to inform you about the successful resolution of a complaint I had raised on 15 July 2023 regarding an illegal garbage dump in our locality. The complaint reference number is OA No. 6472023.
I am pleased to report that due to the prompt and efficient action taken by the Municipal Corporation of Gurgaon. The Illegal garbage dump has been cleared. I would like to extend my heartfelt gratitude to your office and the concerned departments for their swift response and effective handling of the issue. The quick action taken by the MCG not only addressed the immediate environmental and health concerns associated with the illegal dump but also significantly improved the living conditions in our neighborhood. It is reassuring to see the local government functioning efficiently, prioritizing the welfare and health of its citizens.
Furthermore, I would like to acknowledge the work of Krishan Kumar, SUKHMAA SONS Firm, who were instrumental in resolving this issue. Their dedication and hard work deserve special mention and appreciation.
O.A. NO. 647/2023 Deepu Malik Vs. State of Haryana & Ors.
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I am hopeful that the Municipal Corporation will continue to monitor and prevent such incidents from recurring in the future. Ensuring a clean and healthy environment is vital for our community, and it is heartening to see your office's commitment to this cause.
Thank you once again for your attention and action in this matter. Please feel free to contact me if you require any further information or assistance from my side.”
Arun Kumar Tyagi, JM
Dr. Afroz Ahmad, EM
May 03rd , 2024 AG
Deepu Malik
State of Haryana
District Magistrate, Gurugram
Commissioner, Municipal Corporation, Gurugram
Haryana State Pollution Control Board
Arun Kumar Tyagi
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.
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