Disposed

Raman Sharma vs

NGT3 Sept 2024Original Application No. 890/2024

Case brief

AI extract

What is this about?

The Tribunal disposed of an application regarding solid waste accumulation and burning in Gurugram. It directed the constitution of a Joint Committee to inspect areas, ensure compliance with waste management rules, and submit a report within two months.

What did the court decide?

Constitution of Joint Committee; directions to ensure compliance with SWM Rules, 2016; submission of Compliance Report within two months.

Raman Sharma vs — Environment and Pollution | NGT (2024)

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Item No.05

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No.890/2024

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Raman Sharma Applicant

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Versus

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State of Haryana Respondent

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‘

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Date of hearing: 03.09.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant(s): None

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ORDER

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Raman Sharma has forwarded a letter petition dated 25.10.2023 sent by email of the said date, whereupon present Original Application has been registered under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010 ’) exercising suomoto jurisdiction in view of the law laid down by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401 .

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Complaint is moved on behalf of the residents of Gurugram who are really worried about the situation regarding Swachh Bharat Abhiyan. Green waste and polythene are being burnt at various locations in Gurugram, domestic waste is being dumped here and there, and similarly, construction and demolition waste is also being dumped in an irregular manner around the city. Transportation of waste by collectors is

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through vehicles, i.e., tractor-trolleys and trucks, which do not have number plates, and spread waste on the road, causing pollution in the entire area.

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Photographs attached to the complaint show a small collection of solid waste here and there. Municipal Corporation, Gurugram has placed dustbins, evident from the photographs, but it appears that people are spreading and throwing garbage, instead of using dustbins, in open area. This is more a problem of public behavior than the maintenance of solid waste by local body.

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Be that as it may, we are of the view that complaint made in this Original Application, at the first instance, can be looked into by Distirict Authorities, if they find any violation environmental law, may take appropriate remedial action in the matter in accordance with law.

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We accordingly, constitute a Joint Committee comprising Deputy Commissioner, Gurugram and Haryana State Pollution Control Board.

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Deputy Commissioner, Gurugram shall be the Nodal Agency for coordination and compliance of this order.

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Above Committee shall inspect the concerned areas and ensure that the handling, transportation, and management of solid waste is strictly in accordance with Solid Waste Management Rules, 2016, (hereinafter after referred to as ‘ SWM Rules, 2016 ’) and there should be no litter, here and there, of garbage, causing health hazards to the local people.

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If the Committee finds non compliance of SWM Rules, 2016 punitive and prohibitive action shall be taken not only against by local body but also the agency deployed for such work, if any by local body.

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Deputy Commissioner, Gurugram may also examine the feasibility of constituting ward-level Committees to ensure compliance with SWM Rules, 2016, i.e., handling, management, and transportation of solid waste at the ward level to help Swachh Bharat Abhiyan, in letters and spirit.

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Committee shall ensure compliance with the above directions within two months and submit a Compliance Report to Registrar General of this Tribunal. If any further order is required, Registrar General shall place the matter before concerned Bench.

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With aforesaid directions, this Original Application is disposed of.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM September 03, 2024 Original Application No.890/2024 M

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Raman Sharma vs

Case brief

What is this about?

What did the court decide?

Raman Sharma vs

Case brief

What is this about?

What did the court decide?

What the court decided

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