Disposed

Nitin Mane vs

NGT3 Sept 2024Original Application No. 893/2024

Case brief

AI extract

What is this about?

Applicant challenged illegal solid waste dumping on private land by Nagar Palika, Bharuch citing lack of farmer consent and potential violation of SWM Rules, 2016. NGT constituted a Joint Committee to ensure compliance.

What did the court decide?

Constitution of a Joint Committee (District Magistrate and Gujarat State Pollution Control Board) to ensure compliance of Solid Waste Management Rules, 2016; Appointment of District Magistrate as Noda

Nitin Mane vs — Environment and Pollution | NGT (2024)

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Item No.08

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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.893/2024

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Nitin Mane Applicant

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Versus

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State of Gujarat Respondent

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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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The complaint of illegal dumping of solid waste on private agriculture land by Nagar Palika, Bharuch, has been made by Nitin Mane, 10 Manglye Complex, Nai Collector Kachahri ke Saamne Court Road, Bharuch, vide letter dated 26.10.2023 and said letter petition has been registered in exercise of suo-moto jurisdiction under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as NGT Act, 2010).

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Complainant has said that a primary collection centre has been set up on a private land of a farmer but it is not mentioned that anywhere that said or concerned farmers have not given any consent and setting up of the collection centre is against or contrary to the consent or without consent of Owner’s of the land.

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Be that as it may, we are clearly of the view that in handling, management, transportation, processing and disposal of solid waste, local authority/local body is bound to comply with provisions of Solid

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Waste Management Rules, 2016 (hereinafter referred to as ‘ SWM Rules, 2016 ’).

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To ensure compliance of said rules, we constitute a Joint Committee comprising District Magistrate, Bharuch, and Gujarat State Pollution Control Board.

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District Magistrate, Bhurach shall be the Nodal Agency for coordination and compliance of this order.

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Above Committee shall ensure compliance of SWM Rules, 2016 by Nagar Palika, Bharuch in respect of management, handling, transportation processing and disposal of solid waste in Bhurach city and if any violation is found appropriate preventive, prohibitive, punitive and remedial action shall be taken against violator(s) in accordance with law.

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The committee shall submit a Compliance Report with Registrar, Western Zone Bench, of this Tribunal, at Pune, within two months. If any further order is required, Registrar shall place the matter before appropriate Bench.

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With the aforesaid directions this Original Application is disposed

of.

Sudhir Agarwal, JM

Dr. Afroz Ahmad, EM

September 03, 2024 Original Application No.893/2024 M

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Nitin Mane vs

Case brief

What is this about?

What did the court decide?

Nitin Mane vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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