Disposed

Ashish vs

NGT7 Nov 2025IA No. 25/2025 in Original Application No. 810/2024

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an original application regarding improper handling of solid waste in Panipat. The court noted the site had been cleared and the concessionaire cleared legacy waste. The court found the Municipal Corporation's affidavits regarding compliance with the Solid Waste Management Rules, 2016, were vague and evasive.

What did the court decide?

Disposal of the original application with directions to the Municipal Corporation Commissioner to file an action-taken report on compliance with Rule 15 of the Solid Waste Management Rules, 2016, with

Ashish vs — Public Procurement and Tenders | NGT (2025)

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(Court No. 2)

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Item No. 04

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(Through Physical Hearing with Hybrid V.C. Option)

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ORIGINAL APPLICATION NO. 810/2024 (I.A. NO. 25/2025)

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IN THE MATTER OF:

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1. ASHISH

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Son of Satpal Resident of village-Ugrakhedi, Tehsil and District-Panipat, State of Haryana

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APPLICANT

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VERSUS

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1. STATE OF HARYANA

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Through Principal Secretary, Environment and Forest, Directorate of Environment & Climate Change, Haryana, Bay No. 55-58, 2^nd Floor, Paryatan Bhawan, Sector-2, Panchkula-134109 Email: [email protected]/[email protected]

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2. DISTRICT MAGISTRATE

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Panipat 1^st Floor, Mini Secretariat, Panipat–132103 Email: [email protected]

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3. HARYANA STATE POLLUTION CONTROL BOARD

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Through its Member Secretary, C-11, Sector-6, Panchkula, Haryana-134109, Email: [email protected]/[email protected] [email protected]/[email protected]

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4. NAGAR NIGAM, PANIPAT

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Through its Municipal Commissioner, Tau Devi Lal Complex Railway Road and Palika Bazar Office, Panipat Email: [email protected]

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5. M/S JBM ENVIRONMENT MANAGEMENT PRIVATE LIMITED 601, Hemkunt Chambers 89, Nehru Place, New Delhi-110019 (Plot No.9, Institutional Area, Sector 44, Gurgaon, Haryana-122003) Email: [email protected]/ [email protected]

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6. M/S POOJA CONSULTATION COMPANY

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10, Sector 15, Nest Hospital,

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O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

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Sonipat, Haryana-131001

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7. IND SANITATION SOLUTIONS COMPANY

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820, Sector 42, Urban Estates, Gurugram, Haryana-122002

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RESPONDENTS

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For the Applicant:

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Applicant in Person (through VC).

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For the Respondents:

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Mr. Rahul Khurana, Advocate for respondents no. 1 to 3. Mr. Pankaj Rao, Municipal Commissioner, Panipat.

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Mr. Nalin Kohli, Senior Advocate (through VC) with Mr. Kunal Vajani, Mr. Kunal Mimani, Mr. Kartikey Bhatt, Mr. Akshay Luthra and Mr. Anshul Malik, Advocates for respondent no. 5.

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Mr. Akarsh Dutt Sharma, Advocate for respondents no. 6 and 7.

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PRESENT:

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HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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_____________________________________________________________________________ Judgment reserved on:- 08.10.2025 Judgment pronounced on:- 07.11.2025 ________________________________________________________________________

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JUDGMENT

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PRONOUNCED BY: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JM

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The applicant- Ashish son of Satpal resident of village UgraKhedi, Tehsil and District Panipat has sent a letter petition dated 02.11.2023 by post to this Tribunal, which has been treated and registered as Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (NGT Act, 2010) for exercise of suo-moto jurisdiction in view of law laid down by Hon’ble Supreme Court in Municipal Corporation of

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Greater Mumbai Versus Ankita Sinha and others, (2022) 13 SCC 401 .

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The applicant has raised grievances that M/s. JBM Enviro Group, which has been given contract for handling, management and disposal of solid waste, by Nagar Nigam, Panipat, instead of scientifically handling,

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O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

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managing, transporting and disposing of solid waste, is discharging the same between two canals and throwing partially burnt garbage and unburnt garbage in the canals causing contamination of water. The relevant part of the letter petition enumerating grievances of the applicant reads as under:-

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“ विषयः जे.बी.एम. अन ् िायरो ग ्र ुप पानीपत द ्व ारा नगर ननगम पानीपत से गीला ि सूखा क ु डा एक ही गाडी मे ं उठाने ु , सडको पर गीला क ु डा नगराते जाने ु , दोनो नहरो क े े बीच मे ं क ु डा डालकर ि क ु छ क ु डा नहर मे ं धकलने ि जलाने बारे निकायत । ुुु

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1.यह कक प्रार्थी आिीष पुत्र श्री सतपाल ननिासी नजदीक पाकक गााँि उग्राखेडी तहसील ि खजला पानीपत का रहने िाला है तर्था प्रार्थी ट्ाांसपोर्क का कायक है और प्रार्थी का कायाकलय वबन्झौल नहर के पास है.

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2. यह कक उपरोक्त जे बी एम कम्पनी अन्िायरो ग्रुप द्वारा (ननगम से गीला ि सूखा कुडा उठाने को ठेका नलया हुआ है। खजसकी िैतों के अनुसार गीला कुडा की अलग गाडी ि सूखा कुडा की अलग गाडी होनी चाकहए। मगर उक्त कम्पनी दोनो तरह का कुडा एक ही गाडी में उठाते है और अनधक गीला कुडा होने के कारण िह िहर की आम गलीयों ि मुख्य सडको पर र्पकता जाता है खजसके कारण िहर की सडको पर हर समय बदबू फैली रहती है और कीचड नगरने के कारण कई िाहन चालक नगर कर चोर्े भी लग चुकी है।

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3. यह कक इसके बािजूद जो दोनो नहरो के बीच में कुडा डाला जाता है िहाां पर नहर के पास वबलकुल 50 फुर् की दूरी पर ही डाला जाता है जब कक ननयमानुसार नहर से करीबन 2 कक० मी० दूरी पर डखम्पग सेन्र्र होना चाकहए। यहाां पर दोनो ही तरह का कुडा इक्र्ठा डाला जाता है। ठेकेदार इसमें आग लगाकर रखता है तर्था कुछ कुडा को जेसीबी मिीन से नहर में धकेल देता है जो नहर के पानी में नमलकर आगे कदल्ली ि हररयाणा के अन्य कहस्सो में जाता है। जब कक उक्त नहर का पानी कदल्ली ि हररयाणा में पीने के काम आता है इस कम्पनी द्वारा पीने के पानी को दूवषत ककया जा रहा है और लोगो को एक स्िच्छ जल की जगह दूवषत जल पीने के नलए मजबूर ककया जा रहा है। खजससे लोग वबमारी का निकार हो रहे है।

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4. यह कक इसके ईलािा उक्त कुडे की यानन सुखा ि गीला को नमलाकर एक ही गाडी में लोढ करके मुरर्थल ट्ीर्मेंर् पलाांर् पर ओिरलोढ करके भेजा जाता है। जो कक जी र्ी रोड पर भी इस तरह से इनकी गाडीया गन्दगी फैलाती जाती है। जो जलने के बाद राखी बचती है उसको नीचे नमट्र्ी में दबा कदया जाता है। खजसके कारण भी जमीन के नीचे का भू-जल भी दूवषत हो

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O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

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5. यह कक वबन्झौल डखम्पग सेन्र्र से हर समय बदबू, जहरीला धुआां, मक्खी मच्छर ननकल रहे है और आस पास के लोग तरह तरह की वबमारीयों के निकार हो चुके है। मेरा िहाां पर ट्ाांसपोर्क का कायाकलय है खजसकी िजह से मैं ि मेरे कमकचारी भी कई बार वबमार हो चुके है। उक्त जे बी एम कम्पनी हर प्रकार के सरकार के ननयमों की धज्जीयाां उडा रहे है।

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6. यह कक इसी तरह से डाहर िूगर नमल के पीछे भी इसी तरह से कुडा डाला जा रहा है जो यह स्र्थान भी नहर से मात्र 500 मीर्र की दूरी पर है। इस बारे में मैंने ि अन्य कई नागररको ने नगर ननगम के अनधकारी खजतेन्र नरिाल से नमलकर निकायत की तो उन्होने हमारी कोई सुनिाई ना की क्यों कक उक्त अनधकारी ि अन्य ननगम के अनधकारी ि कमकचारी उक्त कम्पनी के प्रबन्धकों से नमले हुये है।

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यह कक इस कम्पनी में जो भी कमकचारी कायक करते है उनको ककसी भी तरह के सुरक्षा यन्त्र उपलबध नही करिाये हुये है। खजनके स्िास ् य के सार्थ खखलिाड ककया जा रहा है। इस प्रकार से उपरोक्त कम्पनी द्वोरा आम जनता का जीना दुभर कर रखा है और पानीपत िहर को पूणक रूप से दूवषत ककया हुआ है। इसी तरह से उपरोक्त कम्पनी ने समालखा , गन्नौर में भी कुडा उठाने का ठेका नलया हुआ है िहा पर भी इसी तरह का कायक कम्पनी द्वारा गलत तरीके से ककया जा रहा है।

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अतः आपसे प्रार्थकना है कक उपरोक्त त्यों को मध्य नजर रखते हुये उपरोक्त कांम्पनी के कायक की ननगरानी/जाांच करके तुरन्त प्रभाि से इस तरह से नहर के पास डाले जा रहे कुडा को बन्द करिाया जाये। गीला ि सुखा कुडा को िहर से अलग अलग गाडीयों में उठिाया जाये , तर्था जो मुरर्थल ओिरलोढ गाडीयों में इक्र्ठा कुडा भेजा जा रहा है उसको अलग-अलग गाडीयों में नभजिाया जाये। तर्था जो नहर में अिैध रूप से कुडा चोरी से डाला जाता है उसके बारे में इनके विरूद्ध कानूनी कारिाई की जाये। कुडा जलाने से रोका जाये। जो भी कमकचारी इस कम्पनी में बदबू में काम करते है उनको सुरक्षा यन्त्र उपलब्ध करिाये जाये। ताकक आम लोगो की सुरक्षा हो सके। ”

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English translation by the Registry of this Tribunal of the relevant part of the letter petition reads as under:-

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“ Subject: Complaint by JBM Anviro Group Panipat to Municipal Corporation Panipat regarding lifting of wet and dry garbage in the same vehicle, dumping of wet garbage on the roads, dumping of garbage between the two canals and pushing some garbage into the canal and burning it.

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X X X X

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The applicant makes the following submissions:-

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1. That the applicant Ashish son of Shri Satpal is a resident of near Park village Ugrakhedi tehsil and district Panipat and the

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O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

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applicant is in the transport business and the applicant's office is near Binjhol canal.

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2. That the above mentioned JBM Company Anviro Group has taken the contract from the corporation for lifting wet and dry garbage. As per the terms and conditions, there should be separate vehicles for wet garbage and separate vehicles for dry garbage. But the said company lifts both types of garbage in a single vehicle and due to excess wet garbage, it keeps on dripping on the common lanes and main roads of the city due to which foul smell is spread on the city roads all the time and due to falling mud, many drivers have fallen and got injured.

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3.Despite this, the garbage dumped between the two canals is done so at a distance of 50 feet from the canal, whereas according to regulations, the dumping center should be located approximately 2 kilometers from the canal. Both types of garbage are collected here. The contractor sets it on fire and pushes some of it into the canal with a JCB machine, which mixes with the canal water and flows to other parts of Delhi and Haryana. While the canal's water is used for drinking purposes in Delhi and Haryana, this company is contaminating the drinking water, forcing people to drink contaminated water instead of clean water, causing illness.

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4. Furthermore, the waste, including dry and cow dung, is then loaded into a single vehicle and sent to the Surthal treatment plant in an overloaded state. These vehicles also litter the GT Road. The remaining ash is buried in the soil, contaminating the groundwater beneath the ground.

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5. The Binjhol dumping center constantly emits foul odors, toxic fumes, flies, and mosquitoes, and the people living nearby have fallen victim to various diseases. I have a transport office there, this has caused me and my employees to become ill several times. The JBM company is flouting all government regulations.

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6. Garbage is being dumped in a similar manner behind the Dahar Sugar Mill, which is also located just 500 meters from the canal. I and several other citizens complained about this to Municipal Corporation official Jitendra Narwal, but he refused to listen to us because the official and other municipal officials and employees are in cahoots with the company's managers.

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7. The employees of this company are not provided with any safety equipment, and their health is being compromised. In this way, the above-mentioned company has made life difficult for the general public and has completely polluted the city of Panipat. Similarly, the above-mentioned company has also obtained garbage collection contracts in Samalkha and Gannaur, where similar practices are being carried out in a similar manner.

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Therefore, you are requested that keeping the above facts in mind, the work of the above company should be monitored/investigated and the garbage being dumped near the canal should be stopped with immediate effect. wet and dry garbage should be lifted from the city in separate vehicles, and the garbage collected in overloaded vehicles should be sent to Murthal in separate vehicles. And legal action should be taken

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O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

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against those who illegally dump garbage in the canal. Burning of garbage should be stopped. All the employees who work in the foul smell in this company should be provided with safety equipment. So that the common people can be protected.”

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Since the averments made in the letter petition, treated as Original Application, raised substantial environmental questions related to implementation of the enactments specified in Schedule I of the National Green Tribunal Act, 2010, this Tribunal, vide order dated 27.08.2024, constituted a Joint Committee comprising of District Magistrate, Panipat and Haryana State Pollution Control Board with direction to collect relevant information and submit factual report within one month.

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In compliance thereof, report dated 11.10.2024 of the Joint Committee was filed by HSPCB by e-mail dated 12.10.2024. The relevant part of the report (pages no.04 to 14 of the paper book) is reproduced below:-

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“Status Report by the Joint Committee in Original Application No. 810 of 2024 titled as Ashish V/S State of Haryana.

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X X X X

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In compliance of Hon’ble NGT orders dated 27/08/2024. Deputy commissioner Panipat nominate Sh. Braham Prakash, HCS, Sub-Divisional Magistrate, Panipat on his behalf vide order dated 27.09.2024. Copy of order dated 27/09/2024 is attached as AnnexureR/2.

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2. Inspection of Solid Waste Site:

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The joint committee constituted by Hon'ble NGT consisting of Sh. Braham Prakash, HCS, Sub-Divisional Magistrate, Panipat and Sh. Bhupinder Singh, Regional Officer, HSPCB, Panipat visited the site where solid waste was dumped by M/s JBM Environment Management Private Limited (herein after called as 'Concessionaire') was inspected on 07/10/2024 in presence of Sh. Jitender Narwal, Chief Sanitary Inspector, Municipal Corporation, Panipat and Sh. Ajit Tiwari, representative of the Concessionaire.

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During inspection, it was found that the solid waste site was located on the land of Village-Mehrana and lying between the two canals carrying fresh water i.e. Delhi Parallel Branch and Carrier link channel. The dumping of solid waste at said site was started in

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O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

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the month of July, 2023 and dumping has been stopped w.e.f. February, 2024. The contract for management of solid waste generated in municipal limits of MC, Panipat is given to the Concessionaire.

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The mixed solid waste was found dumped in open at the above referred site. No boundary wall was done of the solid waste dumping site. Open burning of solid waste was also found during the time of inspection by the Joint Committee. However, no discharge of solid waste was found in the canals as mentioned in the complaint. A ground water sample from the adjoining area to the solid waste site has been collected by the joint committee to analyze the quality of ground water. Representative of Municipal Corporation, Panipat informed to the Joint Committee that presently no fresh dumping of any solid waste is being done at said site w.e.f. February, 2024 as new site near New Sugar Mill, Village-Dahar has been identified as secondary collection point for dumping of solid waste of Municipal Corporation, Panipat before final disposal to Waste to Energy Plant operating at Village-Murthal, Sonepat.

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3. Observation of the Committee:-

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I. The legacy waste has been found on the site located at VillageMehrana, Panipat. Quantity was stated to be approx. 360 MT by MC, Panipat.

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II. No segregation of solid waste was done by the Concessionaire. III. No boundary wall of the site was done by the Concessionaire. IV. The waste is dumped in pervious open land and solid waste is causing damage to the upper soil and leachate percolate through soil thus contaminating ground water.

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V. No fresh dumping of solid waste is being done at the site and has been stopped w.e.f. February, 2024.

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4. Action Taken:-

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A show cause notice for 15 days has been issued by HSPCB vide office letter No.HSPCB/PR/2024/1401 dated 10/10/2024 for imposition of Environment Compensation for improper handling and unscientific dumping of solid waste at site located at Village Mehrana in violation of Solid Waste Management Rules, 2016. Copy of Show Notice is attached as Annexure-R/3.

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5. Recommendation of the Committee:-

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I. The legacy waste should be disposed of, from the site in question, at earliest in scientific manner and Action Plan be submitted in this regard by the Concessionaire.

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II. Steps be taken to prevent the burning of solid waste at site.”

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In view of the averments made in the application and observations made in the report of the Joint Committee, vide order dated 14.10.2024 , this Tribunal impleaded (1) State of Haryana, through Principal Secretary, Environment and Forest, Directorate of Environment & Climate Change,

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O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

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Haryana, Bay No. 55-58, 2^nd Floor, Paryatan Bhawan, Sector-2, Panchkula-134109; (2) District Magistrate, Panipat, 1^st Floor, Mini Secretariat, Panipat – 132103, (3) Haryana State Pollution Control Board, through its Member Secretary, C-11, Sector-6, Panchkula, Haryana - 134109, Haryana; (4) Nagar Nigam, Panipat through its Municipal Commissioner, Tau Devi Lal Complex Railway Road and Palika Bazar office, Panipat; and (5) M/s. JBM Environment Management Private Limited, 601, Hemkunt Chambers 89, Nehru Place, New Delhi-110019 as respondents no. 1 to 5 and issued notices to the respondents requiring them to file their responses.

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Vide order dated 10.12.2024 , this Tribunal directed that no further garbage be dumped in the land in dispute and the garbage already dumped there be removed and transported, processed and disposed of in accordance with the Solid Waste Management Rules, 2016. The Commissioner, Municipal Corporation, Panipat, the District Magistrate, Panipat and the Superintendent of Police, Panipat were also directed to ensure due compliance of the order.

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I.A. No. 25/2025 was filed by respondent no. 5- M/s. JBMEM Pvt. Ltd. inter-alia seeking impleadment of M/s. Pooja Consultation Company having office at 10, Sector 15, Nest Hospital, Sonipat, Haryana-131001 and M/s. IND Sanitation Solutions Company having office at 820, Sector42, Urban estates, Gurugram, Haryana122002 as respondents in the Original Application and stay of the operation and implementation of the notice dated 09.01.2025 issued by Municipal Corporation, Panipat to respondent no. 5- M/s. JBMEM Pvt. Ltd. In view of facts and circumstances of the case, environmental questions involved in the case and reasons mentioned therein, I.A. No.25/2025 was allowed vide order dated 31.01.2025 qua impleadment of M/s. Pooja Consultation Company

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O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

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and IND Sanitation Solutions Company who were impleaded as respondents no.6 and 7.

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Pursuant to service of notice, status report dated 05.12.2024 (pages no. 15 to 23 of the paper book) was filed by respondent no. 3- HSPCB. The relevant part of the Status report dated 05.12.2024 filed by respondent no. 3- HSPCB is reproduced below:-

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“Status Report by Regional Officer, Panipat on behalf of respondent No.1 & 3 in compliance of the order dated 14.10.2024 passed by this Hon’ble Tribunal.

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X X X X

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4. That in view of the violations found during the time of inspection by the joint committee, a Show Cause Notice (SCN) for imposition of EC was issued to the unit by Regional Officer vide letter No. 1401 dated 10.10.2024 to the concessioner, but no reply received to the above said Show Cause Notice (SCN). Copy of show cause notice dated 10.10.2024 is attached as Annexure-R/1.

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5. Thereafter, Regional Officer has recommended vide letter No. HSPCB/PR/2024/1747 dated 06.11.2024 for imposition of environmental Compensation of Rs.11.22 lacs against the unit M/s JBM Environment Management Private Limited for improper handling of Solid Waste. Copy of recommendation dated 06.11.2024 is attached as Annexure-R/2.

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6. It is necessary to mention here that the solid waste dumped at above said site still has not been disposed of by the Municipal Corporation, Panipat and therefore a show cause notice has been issued vide letter No.HSPCB/PR/2024/1968-69 dated 18/11/2024 to the Joint Commissioner, Municipal Corporation Panipat. Copy of show cause notice dated 18/11/2024 is attached as Annexure-R/3 .”

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(Emphasis added)

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Response dated 13.01.2025 (pages no. 314 to 600 of the paper book) was filed by respondent no. 5- M/s. JBMEM Pvt. Ltd. The relevant part of

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O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

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the affidavit dated 13.01.2025 filed by respondent no. 5- M/s. JBMEM Pvt.

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Ltd. is reproduced below:-

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“REPLY ON BEHALF OF THE RESPONDENT NO. 5 – JBM ENVIRONMENT MANAGEMENT PRIVATE LIMITED

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X X X X

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B. BRIEF OVERVIEW

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6. JBM is a company specifically incorporated for the implementation of the project of Integrated Solid Waste Management [“ISWM”] in the Sonipat Cluster, comprising the cities of Sonipat, Panipat, Samalkha, and Gannaur [“Project Areas”].

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7. JBM has been engaged by the respective Urban Local Bodies [“ULBs”], including MC Panipat under the Concession Agreement dated 26.07.2017 [“Concession Agreement”] for the management of Municipal Solid Waste [“MSW”] generated within their respective municipal areas, along with allied civic services, including the collection, transportation, processing, and scientific disposal of MSW by way of Waste to Energy [“WtE”] Plant and/or bio-methanation [“Project”]. A copy of the Concession Agreement dated 26.07.2017 executed between JBM and ULBs is annexed hereto and marked as Annexure R1.

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8. The Project is a public private partnership project conceived under the Swachh Bharat Mission of the State Government of Haryana. The Concession Agreement provided for inter alia the following duties and obligations of JBM:-

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(a) Setting up of a Processing Facility:- JBM was required to set up of Processing Facility [as defined is Article 1.1.85 of the Concession Agreement] comprising of a WtE Plant and bio-methanation [“Processing Facility”] at Murthal for processing of MSW and conversion thereof into energy within a period of 24 [twenty four] months from the signing of the Concession Agreement;

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(b) Collection of Waste from the Points of Generation:- As per Article 2.7 of the Concession Agreement, JBM was required to start collection of MSW generated from the waste generators located in the Project Area via door-todoor collection method, within 120 [one hundred and twenty days] days from execution of the Concession Agreement;

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(c) Storage of Waste at Secondary Collection Points [“SCPs”]:–

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The MSW collected was thereafter required to be transported to the SCPs [as defined in the Concession Agreement]. It was the duty of the participating ULBs, including MC Panipat to provide SCPs and Transfer Stations to JBM within a period of 30 [thirty] days from signing of the Concession Agreement;

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(d) Transportation of Waste from SCPs to the Processing Facility:–

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After collection of the MSW at the SCPs, as elucidated above, the same was to be transported to the Processing Facility established at Sonipat; and

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(e) Processing of MSW:- The MSW brought to the Processing Facility was to be treated and converted into energy.

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9. Pertinently, aforesaid obligations of JBM were contingent upon fulfilment of the Conditions Precedent as set out in Article 2.6 of the Concession Agreement as well as other reciprocatory and corresponding obligations by the ULBs which included but were not limited to:-

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(a) Handover of SCPs, Transfer Points / Transfer Stations, Dumping Sites / Landfills Sites, lands for establishing Processing Facility etc.:– Under Article 3.1 read with Article 7.1(a) of the Concession Agreement, the ULBs were contractually obligated to handover lands for establishing Processing Plant, SCPs, Transfer Points, Transfer Stations, Dumping Sites / Landfill Sites etc. free from encumbrances to JBM in the Project Areas within a period of 30 [thirty] days from the date of execution of the Concession Agreement on ‘as is where is basis’;

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(b) Facilitation in obtaining necessary approvals for establishment and commencement of the Processing facility:–

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Under Article 7.1(c) of the Concession Agreement, the ULBs were under an obligation to ensure that all necessary approvals required for establishment and commencement of Processing Facility were granted to JBM within a period of 180 [one hundred and eighty] days from execution of the Concession Agreement;

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(c) Ensuring termination of existing contracts with third-party Contractors:– ULBs were obligated to ensure that all third-

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party contracts with other contractors for collection and transportation of MSW which had been executed prior to the Concession Agreement were terminated within 120 [one hundred and twenty] days from execution of the Concession Agreement.

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10. JBM commenced the operations of collection and transportation of MSW as per the provisions of the Concession Agreement from February, 2018 and the Processing Facility, including the WtE Plant could only be commissioned by August, 2021 on account of delay inter alia in execution of the Power Purchase Agreement and grant of Environment Clearance.

¶151

11. In compliance with all its obligations as well as Article 2.7 of the Concession Agreement, JBM has been duly managing the MSW in a scientific manner as per the Solid Waste Management Rules, 2016 [“SWM Rules”]. JBM has also developed material recovery facilities at the Project Areas and has been carrying out its required maintenance. As such, JBM has duly complied with all its obligations under the Concession Agreement by disposing off and scientifically treating the MSW. The same is evident from the fact that JBM had been duly paid by the ULBs for the MSW collected and processed / disposed of in accordance with the Concession Agreement.

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C . BREACH OF OBLIGATION TO PROVIDE SCP / TRANSFER STATIONS BY MC PANIPAT

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12. Under Article 3.1, read with Article 7(1)(a) of the Concession Agreement, the ULBs, including MC Panipat, were under an obligation to provide permanent SCPs or Transfer Stations to JBM to establish proper secondary storage facilities with sufficient space for handling and storing MSW collected from the Project Area. However, despite repeated requests, MC Panipat has till date not provided any permanent SCPs or Transfer Stations. Instead, MC Panipat has been designating temporary secondary collection sites for the storage of MSW which has led to the issues as raised in the captioned OA. This is evident from the relevant facts as set out hereinunder:-

¶154

(a) from December 2017 to 2020, MC Panipat designated a temporary secondary collection site in Village Nimbri for JBM in relation to the MSW collected from the waste generators in Panipat. However, due to agitation by the residents, MC Panipat directed JBM not to use the said site as an SCP / Transfer Station;

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(b) thereafter, from 2020 to 2023, another temporary site near Gymkhana Club was allocated by MC Panipat for the collection of MSW. However, again due to agitation by the residents and

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the Municipal Councillor of the concerned area, MC Panipat directed JBM not to use the said site as an SCP / Transfer Station;

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(c) in February 2023, MC Panipat handed over 2 [two] acres of land at Village Siwah [“Siwah STP”] to JBM, which is evident from a letter dated 27.02.2023 addressed by MC Panipat to JBM, where JBM invested in developing the necessary infrastructure to establish a proper SCP with sufficient space and means for storing and handling waste. A copy of the letter dated 27.02.2023 addressed by MC Panipat to JBM is annexed hereto and marked as Annexure R2;

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(d) in the meantime, by an Order dated 19.07.2023 passed in OA No. 182 of 2023 titled Dr. Rajbir Arya v. State of Haryana, this Hon’ble Tribunal directed MC Panipat to establish proper SCPs with adequate infrastructure, including sufficient space for sorting recyclable materials, and to ensure compliance with the SWM Rules [“Rajbir OA Order”]. A copy of the Order dated 19.07.2023 passed in OA No. 182 of 2023 titled as Dr. Rajbir Arya v. State of Haryana is annexed hereto and marked as Annexure R3;

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(e) however, due to agitation by the residents and the resultant conflict with the Village Panchayat of Siwah, JBM was constrained to cease operations at the Siwah STP as well. The agitation and conflict primarily resulted because MC Panipat allocated the same site to two other concessionaires, namely M/s Pooja Consulation Company [“PCC”] and M/s IND Sanitation Solution Company [“IND”], who were dumping waste collected from sweeping and silt at Siwah STP, particularly outside the boundary wall. JBM, from time to time, intimated MC Panipat about the agitation resulting from the actions of PCC and IND, and requested that a separate permanent SCP be provided elsewhere for seamless storage of MSW collected from the waste generators in the municipal limits of Panipat. Copies of the letters dated 30.06.2023, 30.06.2023, 01.07.2023, 20.07.2023, 27.07.2023, 28.07.2023 and 28.07.2023 addressed by JBM in this regard are annexed hereto and marked as Annexure R4 [Colly.];

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(f) in July 2023, despite the Rajbir OA Order passed by this Hon’ble Tribunal, MC Panipat again allotted a temporary secondary collection site in Village Mehrana, between the Delhi Parallel Branch and Carrier Link Channel canals [“Subject Site”], for use as a SCP. Pertinently, the Subject Site, prior to its allocation to JBM, had been used as a Composting Plant and consequently, contained legacy waste which was not dumped by JBM;

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(g) in the intervening period, as a matter of fact, the Subject Site was also allotted by MC Panipat to PCC and IND for use as a dumping ground for road sweeping dust, drain silt, and malba. Whilst the MSW being collected at the Subject Site by JBM was meticulously and regularly transferred by JBM to its WtE Plant, the other two concessionaires i.e. PCC and IND failed to dispose off the waste collected and dumped by them at the Subject Site. JBM was not accountable for this, as neither the WtE Plant set up by JBM at Murthal is equipped to process the such waste, nor does the Concession Agreement require JBM to transport such waste to its Processing Facility;

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(h) in these circumstances, JBM inter alia raising this concern with MC Panipat addressed letters dated 21.10.2023, 03.11.2023, 01.12.2023, 12.12.2023, 09.08.2024 and 21.10.2024 and requested MC Panipat to provide a permanent dedicated SCP to JBM. Copies of the letters dated 21.10.2023, 03.11.2023, 01.12.2023, 12.12.2023, 09.08.2024 addressed by JBM are annexed hereto and marked as Annexure R5 [Colly.].

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(i) pertinently, JBM utilized the Subject Site for the collection of MSW until August 2024, during which period JBM transported the MSW collected from households, public utility services, agricultural farm / lands, poultry / dairy farm, commercial establishments and industries via door-to-door method to the Subject Site, temporarily stored it, and then transported the same to its Processing Facility for processing and disposal in accordance with the Concession Agreement and SWM Rules. The weighbridge slips, as well as the invoices raised by JBM on MC Panipat during the period from July 2023 to August 2024, would demonstrate that the waste collected and transported to and stored at the SCP was then transported to the Processing Facility by JBM. The table hereinbelow has been prepared for the convenience of this Hon’ble Tribunal depicting the tonnage of waste temporarily stored at the Subject Site by JBM and thereafter transported to the WtE Plant during the period from July 2023 to August 2024:-

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*MSW Collection*	*data of Panipat Jul* _August 2024 _	*y 2023 to*
Period	Collection [in MT]	Receiving [in MT]
July, 2023	7063	_7061 _
August, 2023	7177	7170
September, 2023	5820	5800
October, 2023	_6597 _	6570
November, 2023	_6767 _	6770
December, 2023	_7037 _	6985
_January, 2024 _	6153	6150
_February, 2024 _	6378	6356

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_March, 2024 _	6928		_6964 _
_April, 2024 _	6422		6432
_May, 2024 _	6059		6069
_June, 2024 _	6723		6712
_July,2024 _	7071		7022
_August, 2024 _	7345		7341
_Total _	93541		93402
Difference		139

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In this regard, JBM craves liberty to produce the weighbridge slips as well as the invoices raised by JBM on MC Panipat between July 2023 and August 2024 at the time of hearing to substantiate the contents of the said table;

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(j) on 14.08.2024, MC Panipat vide its letter directed JBM not to use the Subject Site as a SCP and as an alternative, designated another secondary collection site near New Sugar Mill, Village Dahar, which is currently being used by JBM for temporarily storing the MSW before transporting the same to the WtE Plant. A copy of the Letter dated 14.08.2024 addressed by MC Panipat to JBM is annexed hereto and marked as Annexure R6;

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(k) on 22.08.2024, HSPCB issued a Show Cause Notice to MC Panipat, for not setting up the facilities for the collection, segregation, storage, processing, and disposal of MSW as per the provisions of the SWM Rules. A copy of the Show Cause Notice dated 22.08.2024 issued by HSPCB to MC Panipat is annexed hereto and marked as Annexure R7; and

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(l) ultimately, the captioned OA was filed and registered by this Hon’ble Tribunal wherein this Hon’ble Court directed the Joint Committee to file a report.

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D. PROCEEDINGS BEFORE THIS HON’BLE TRIBUNAL IN CAPTIONED OA AND SUBSEQUENT DEVELOPMENTS

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13. In purported compliance of the Order dated 27.08.2024 passed by this Hon’ble Tribunal in the captioned OA, the Joint Committee inspected the Subject Site on 07.10.2024 and submitted its Report dated 11.10.2024 inter alia stating as under:-

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(a) the dumping of MSW at the Subject Site started in the month of July 2023 and stopped in February 2024;

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(b) the Concession Agreement for management of MSW was awarded by MC Panipat to JBM;

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(c) at the Subject Site, approx. 360 [three hundred sixty] MT of legacy waste / MSW was found dumped in open. Further,

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burning of MSW and no boundary wall being made was also observed at the Subject Site; and

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(d) no discharge of MSW in the canals as well as fresh dumping at the Subject Site as alleged in the Complaint was observed.

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14. Accordingly, HSPCB issued a Show Cause Notice dated 10.10.2024 to JBM inter alia alleging the violations of the SWM Rules, 2016 in disposing of the MSW at the Subject Site and seeking its response in relation to the imposition of Environment Compensation [“EC”] for the damage caused to the environment. A copy of the Show Cause Notice dated 10.10.2024 issued by HSPCB to JBM is annexed hereto and marked as Annexure R8.

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15. In the meantime, MC Panipat, whilst completely ignoring the concerns and complaints raised by JBM regarding the waste from road sweeping and silt being dumped by PCC and IND at the Subject Site [for reasons best known to MC Panipat], insisted JBM to clear the MSW from the area used by JBM for temporary collection of MSW at the Subject Site. Under compulsion, JBM cleared 432.09 MT of waste on 11.10.2024 and 12.10.2024 from the Subject Site and transported it to the Processing Facility for processing and disposal in accordance with the Concession Agreement and SWM Rules. Accordingly, vide its letter dated 17.10.2024, JBM inter alia informed MC Panipat that the waste from the area used by JBM for temporary collection the Subject Site has been transported to the WtE Plant for processing and disposal in accordance with the Concession Agreement and SWM Rules, and thereafter, the Subject Site has been covered with a layer of fertile soil. JBM also requested a work completion certificate from MC Panipat. A copy of the letter dated 17.10.2024, addressed by JBM to MC Panipat is annexed hereto and marked as Annexure R9. A copy of table along with the photographs and weighment bridge slips evidencing the disposal of 432.09 MT [four hundred thirty two] of waste are annexed hereto and marked as Annexure R10 [Colly.].

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16. Further, in response to the Show Cause Notice dated 10.10.2024 issued by HSPCB, JBM addressed letters dated 25.11.2024 and 03.12.2024 to HSPCB inter alia informing that road sweeping waste, malba, silt, etc., were being dumped at the Subject Site by PCC and IND. JBM reiterated that it was only collecting MSW on a temporary basis before transporting the waste to the WtE Plant at Murthal. However, under compulsion and to maintain the continuing relationship with MC Panipat, JBM transported 432.09 MT of waste to the WtE Plant for processing and disposal in accordance with the Concession Agreement and SWM Rules, and covered the

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Subject Site with a layer of fertile soil. Copies of the letters dated 25.11.2024 and 03.12.2024, addressed by JBM to HSPCB, are annexed hereto and marked as Annexure R11 and Annexure R12, respectively.

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17. Thereafter, on 04.12.2024, a meeting was held before the Environment Compensation Assessment Committee [“ECAC”], headed by the Senior Environment Engineer – SWM Cell [HQ]. Representatives of JBM attended the meeting and reiterated that MC Panipat had failed in its duty to provide a permanent SCP / Transfer Station for temporary collection and storage of MSW to JBM. It was also submitted that other contractors engaged by MC Panipat, namely PCC and IND, working for road sweeping and drain desilting, were also dumping road sweeping dust, drain silt, and malba at the Subject Site. For these reasons, JBM requested that the Environmental Compensation [“EC”] recommended by the Regional Officer, Panipat [“RO”], vide its letter dated 06.11.2024 addressed to the Chairman, HSPCB, not be imposed on JBM, as MC Panipat was liable for the same.

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18. After detailed deliberations, the ECAC was of the opinion that it is the mandate of MC Panipat to handle and treat the MSW being generated within the municipal limits. Accordingly, the ECAC directed the RO to re-examine the case of JBM and follow the procedure regarding the imposition of EC after obtaining relevant details from MC Panipat. A copy of the minutes of the meeting held on 04.12.2024 before the ECAC is annexed hereto and marked as Annexure R13.

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19. Thereafter, HSPCB addressed a Notice dated 08.01.2025 to MC Panipat with a direction to attend the meeting scheduled on 09.01.2025 at 11:30 am at Mini Secretariat, Panipat, to decide further action to be taken in accordance with the Order dated 10.12.2024 passed by this Hon’ble Tribunal. The said Notice was also forwarded to JBM by officials of MC Panipat with a direction to attend the meeting called by HSPCB. A copy of the Notice dated 08.01.2025 addressed by HSPCB to MC Panipat is annexed hereto and marked as Annexure R14.

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20. During the said meeting, the MC Panipat attempted to attribute the entire responsibility for the situation at the Subject Site to JBM, whilst ignoring its own failure of allotting a permanent SCP / Transfer Station to JBM and despite being fully aware that two other contractors [PCC and IND] had also been dumping waste at the Subject Site. In response, representative of JBM apprised HSPCB that other concessionaires of MC Panipat, namely PCC and IND, were also involved in the dumping of road sweeping and silt waste at the Subject Site, for which JBM cannot be held solely liable. The HSPCB, in turn,

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cautioned MC Panipat that failure to clear the legacy waste from the Subject Site would result in criminal action, including the lodging of an FIR against the Commissioner of MC Panipat.

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21. Instead of taking appropriate action by directing PCC and IND to clear the waste dumped by them at the Subject Site, MC Panipat vide its letter dated 09.01.2025, has unfairly sought to shift the entire burden onto JBM. Despite proactive and good faith efforts taken by JBM in clearing waste from the Subject Site, MC Panipat has attempted to make JBM a scapegoat by issuing directions to clear the entire waste lying at the Subject Site, including the legacy waste and waste dumped by other contractors [PCC and IND], within an impractical and arbitrary timeframe of just four days. The letter further warned that failure to comply would result in the filing of an FIR against the representatives of the JBM engaged in Panipat. A copy of the letter dated 09.01.2025 addressed by MC Panipat to JBM is annexed hereto and marked as Annexure R15.

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E. SUBMISSIONS AND BONAFIDE STEPS TAKEN BY JBM

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22. At the outset, it is respectfully submitted that after the last hearing in the captioned OA on 10.12.2024, JBM has in order to demonstrate its bona fides, undertaken further efforts to clear an additional 150 MT of MSW from the Subject Site. The cleared MSW has been transported to its WtE Plant in Murthal for processing in compliance with the Concession Agreement and SWM Rules. A copy of table along with the photographs and weighment bridge slips evidencing the disposal of 150 MT of waste are annexed hereto and marked as Annexure R16 [Colly.].

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23. It is submitted that prior to its allotment to JBM, the Subject Site was being utilized as a Composting Plant and already contained legacy waste [not attributable to JBM]. In addition, MC Panipat engaged PCC and IND for road sweeping and desilting contracts and allotted the Subject Site to these contractors, who subsequently dumped road sweeping dust, drain silt, and malba at the Subject Site. JBM is neither accountable for this waste nor is its WtE Plant designed to process such types of waste.

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24. It is submitted that in strict adherence to the Concession Agreement, JBM has meticulously and consistently transported all MSW collected through its operations and temporarily stored at the Subject Site to the WtE Plant in Murthal for processing and disposal in compliance with the Concession Agreement and SWM Rules.

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25. Moreover, JBM has regularly apprised MC Panipat of the unauthorized dumping of road sweeping waste, silt, and malba by the other two contractors, PCC and IND. Despite this, for reasons best known to MC Panipat, it has not taken any action to address the issue or prevent further dumping or disposal of the existing waste, except putting the entire blame on JBM. Nonetheless, as a responsible and environmentally conscious entity, JBM has cleared approx. 432.09 MT of legacy waste lying at the Subject Site between 11.10.2024 and 12.10.2024, and 150 MT of legacy waste between 05.01.2025 to 09.01.2025. The same has been transported to its WtE Plant at Murthal for processing in compliance with the Concession Agreement and SWM Rules.

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26. Notably, even during the meeting held on 04.12.2024, the ECAC acknowledged that the responsibility for the handling and treatment of all waste generated within its jurisdiction lies with MC Panipat. The ECAC, therefore, directed the RO to reexamine the case and follow due procedure regarding the imposition of EC, taking into account all relevant details from MC Panipat.

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27. It is submitted operations of JBM significantly reduce the burden on landfills, addressing one of the most pressing environmental concerns. Traditional waste disposal methods contribute to the release of harmful greenhouse gases, including methane, which is over 25 [twenty five] times more potent than carbon dioxide in its impact on climate change. By converting waste into energy, JBM not only mitigates these emissions but also exemplifies a sustainable and technologically advanced approach to waste management.

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28. Furthermore, JBM has consistently complied with stringent environmental standards and regulations, including but not limited to the Environment Protection Act, 1986, and the SWM Rules. By employing globally recognized best practices, JBM minimizes any potential adverse environmental impacts. Beyond its environmental contributions, operations of JBM provide significant social and economic benefits, including the creation of green jobs, the promotion of innovation in waste management technologies, and support for local economies. By addressing critical waste management challenges, JBM also alleviates public health risks associated with unregulated and improper waste disposal.

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29. In view of the above, it is submitted that JBM has consistently undertaken proactive measures to protect the environment, including the scientific disposal of MSW and the establishment and operation of the WtE Plant, often exceeding its contractual

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and legal obligations. JBM remains unwavering in its commitment to advance sustainable waste management practices within the Sonipat Cluster and is dedicated to upholding its role as a responsible and environmentally conscious entity.”

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Affidavit dated 22.04.2025 (pages no. 601 to 708 of the paper book)

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was filed by respondent no. 5- M/s. JBMEM Pvt. Ltd. The relevant part of the affidavit dated 22.04.2025 filed by respondent no. 5- M/s. JBMEM Pvt.

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Ltd. is reproduced below:-

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“REPLY ON BEHALF OF THE RESPONDENT NO. 5 – JBM ENVIRONMENT MANAGEMENT PRIVATE LIMITED

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X X X X

¶225

3. At the outset, it is reiterated that the Subject Site was allotted by MC Panipat to JBM for use as a temporary collection site in accordance with the Concession Agreement dated 26.07.2017 ["CA"]. Prior to its allocation to JBM, the site had been used as a Composting Plant and, as a result, contained legacy waste which was not disposed by JBM at the Subject Site. The Subject Site was utilized by JBM between July 2023 and August 2024, in terms of the CA, for the temporary storage of MSW collected through door-todoor methods from households, public utilities, agricultural lands, poultry / dairy farms, commercial establishments, and industries and the same was meticulously and regularly transferred by JBM to its WtE Plant.

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4. During the intervening period, the Subject Site was also allotted by MC Panipat to Respondent No. 6-Pooja Consultation Company ["PCC"] and Respondent No. 7-IND Sanitation Solutions ["IND"] for the purpose of dumping road sweeping dust, drain silt, and malba. PCC and IND, however, failed to remove / dispose of the waste collected and dumped by them at the Subject Site.

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5. It is respectfully submitted that JBM bears no responsibility for this waste inasmuch as the same was neither dumped by JBM nor does the Concession Agreement obligate JBM to transport or process the waste collected /dumped by third parties. It may not be out of place to mention that the WtE Plant at Murthal established by JBM is not equipped to process such types of waste.

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6. Be that as it may, as a responsible and environmentally conscious entity, JBM had voluntarily cleared approximately 432.09 MT of legacy waste from the Subicet site between 11.10.2024 and 12.10.2024, and a further 150 MT between 05.01.2025 and 09.01.2025. This waste was transported to its WtE Plant at Murthal and processed in accordance with the Concession Agreement and the Solid Waste Management Rules, 2016 [“SWM Rules”].

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7. Furthermore, to demonstrate its bona fides and without prejudice to its rights and contentions, between 20.03.2025 and 18.04.2025, JBM has additionally cleared 4151.52 MT of legacy waste from the Subject Site. The said waste has also been transported to and processed at its WtE Plant in compliance with the CA and SWM Rules. A table along with the weighment slips evidencing the disposal of 4151.52 MT of legacy waste is annexed hereto and marked as Annexure A1 [Colly].

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8. However, it is pertinent to mention that despite this Hon'ble Tribunal having impleaded PCC and IND by its Order dated 31.01.2025 passed in the captioned OA, to the best of JBM's knowledge, neither has MC Panipat issued any directions to PCC and IND to clear the legacy waste, nor have either of them taken any proactive steps towards the scientific disposal of the waste lying at the Subject Site.

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9. In light of the above, it has become imperative at this stage to consider prayer (c) sought by JBM in its Application bearing IA No. 25 of 2025, which essentially seeks a direction to MC Panipat to ensure that the legacy waste at the Subject Site is cleared by PCC, IND, and/or any other concessionaire engaged by MC Panipat who has utilized the Subject Site for dumping waste.”

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Vide order dated 23.04.2025, respondent no. 5 was directed to clear the solid waste lying at the site in question subject to adjudication of its claim as to liability of respondents no. 6 and 7 to clear the solid waste dumped by them at the site in question and respondent no. 5 was also directed to file action plan giving the timeline for clearing the site in question and to file additional response with respect to the allotment of the site in question by Municipal Corporation, Panipat alongwith all requisite documents.

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Response dated 28.07.2025 (pages no. 1180 to 1210 of the paper book) was filed by respondent no. 5- M/s. JBMEM Pvt. Ltd. The relevant part of the affidavit dated 28.07.2025 filed by respondent no. 5- M/s. JBMEM Pvt. Ltd. is reproduced below:-

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“ADDITIONAL AFFIDAVIT ON BEHALF OF RESPONDENT NO. 5 JBM ENVIRONMENT MANAGEMENT PRIVATE LIMITED

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X X X X

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2. It is humbly submitted that JBM has cleared the entire solid waste lying at the at Village Mehrana [between the Delhi Parallel Branch and Carrier Link Channel canals] [“Subject Site”]. A copy of the photographs of the Subject Site demonstrating its current state after the clearance are annexed herewith and marked as Annexure A1 [Colly.].

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3. JBM undertakes to have its representatives deputed at the Subject Site to facilitate live video streaming of the Subject Site for enabling real-time verification of the due compliance, at the time of the next hearing before this Hon'ble Tribunal.

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4. With regard to the direction contained in paragraph No. 11 of the Order dated 23.04.2025 passed by this Hon’ble Tribunal, JBM repeats are reiterates all that has been set out in the pleadings filed on its behalf before this Hon’ble Tribunal and additionally places on record the multiple communications issued by Municipal Corporation of Panipat to JBM, i.e. letters dated 14.08.2024, 03.09.2024, and 05.02.2025, wherein MC Panipat unequivocally admitted that the Subject Site had been allotted to JBM for temporary collection of Municipal Solid Waste. A copy of the letters dated 14.08.2024, 03.09.2024 and 05.02.2025 are annexed herewith and marked as Annexure A2 [Colly.].

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5. Lastly, in compliance with the direction contained in paragraph No. 14 of the Order dated 23.04.2025 passed by this Hon'ble Tribunal, vide Resolution dated 13.06.2025 and Authority Letter dated 12.07.2025, JBM has duly authorized Mr. Rajesh Kumar Pandey to remain physically present before this Hon’ble Tribunal on the next date of hearing. A copy of the extract of the Board Resolution dated 13.06.2025 along with Authority Letter dated 12.07.2025 is annexed herewith and marked as Annexure A3 [Colly.].

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6. In light of the above, it is respectfully submitted that JBM has duly complied with the directions contained in the Order dated 23.04.2025 passed by this Hon’ble Tribunal and humbly prays that the captioned Original Application may now be disposed off.”

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Mr. Rajesh Kumar Pandey, representative of respondent no. 5 also appeared before this Tribunal on 26.04.2025 physically and submitted that due compliance had been made by respondent no. 5. Mr. Ajit Tomar, representative of respondent no. 5 also joined the proceedings from the

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site by making video call through smartphone and showed that the site which had been duly cleared. Respondent no. 5 was directed to file video clip depicting the position of the site in question before this Tribunal in pen drive within one week.

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I.A No. 591/2025 was filed for placing additional documents along with one pen drive on record which was allowed vide order dated 08.10.2025 and the additional documents along with one pen drive were taken on record.

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Subsequent to their impleadment as respondents no. 6 and 7, reply dated 10.07.2025 (pages no. 709 to 939 of the paper book) was filed by respondent no. 6- M/s. Pooja Consultation Company and reply dated 10.07.2025 (pages no. 940 to 1171 of the paper book) was filed by respondent no. 7- IND Sanitation Solutions Company. The replies filed by respondents no. 6 and 7 are identical and therefore, relevant part of affidavit dated 10.07.2025 filed by respondent no. 7- IND Sanitation Solutions Company is reproduced below:-

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“REPLY ON BEHALF OF RESPONDENT NO. 7 I.E., IND SANITATION SOLUTIONS COMPANY, WITH REGARDS TO THE ORDER OF THIS HON'BLE TRIBUNAL DATED 31ST JANUARY 2025, IN I.A. NO. 25 OF 2025.

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X X X X

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6. That, under a Concession Agreement dated 26.07.2017 ("Concession Agreement"), JBM was engaged by Municipal Corporation Panipat ("MC Panipat") as the primary concessionaire for MSW collection, transportation, processing, and scientific disposal in the Sonipat cluster, which includes Panipat. While the PCC and IND were separately engaged by MC Panipat under the scope of work defined in the work orders dated 13.05.2022 ("Work Orders"), for limited purposes, including road sweeping, drain desilting, and malba collection. These roles were entirely distinct from MSW management and did not overlap with JBM's responsibilities under the Concession Agreement. A copy of the Concession Agreement dated 26.07.2017 executed between JBM and ULBs is annexed hereto and marked as Annexure A1 and copies of Work Orders

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of PCC and IND dated 13.05.2022 are annexed hereto and marked as Annexure A2 and Annexure A3 respectively.

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7. That, as per the under the scope of work as defined in the R.F.P./Work Orders as being issued by the MC Panipat in favor of PCC and IND, the waste generated like dust and silt etc. collected during sweeping are to be transported to secondary points at the M. C. Panipat’s identified locations/others. The MC Panipat initially instructed the PCC and IND to unload the collected waste at Sector-25 near Gym Khana Club (site which was identified by the MC Panipat), and after seven months (approx December 2022) the site near Village Binjhol-Rivers was instructed/identified by the MC Panipat as dumping site till June 2023. At present the MC Panipat has instructed to dump the waste at near Sugar Mill Dahar Village. All these points were identified and instructed as dumping points under the due directions of MC Panipat only.

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8. That, neither PCC nor IND was responsible for handling MSW at the Secondary Collection Points (SCPs) or otherwise and PCC and IND do not meet this criterion, as their limited contractual obligations are unrelated to the core allegations concerning MSW mismanagement.

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9. That, solely due to the failure of MC Panipat and JBM to establish and construct SCPs and Transfer Stations as mandated under the Concession Agreement, temporary sites such as the one in Village Mehrana were designated for waste storage by the MC Panipat. Further several letters as being filed by the JBM along with the I.A. 25 of 2025, can evident that it was a ball sifting game between JBM and MC Panipat, as MC Panipat issued several letters to JBM to construct and establish secondary waste collection point's within the area and on the other hand JBM always forwarded its helplessness to do the same due various reasons. Further the MC Panipat dated 25.07.2024, dated 23.09.2024, dated 24.09.2024, dated 19.11.2024, and dated 17.12.2024 issued various notices to the JBM for the constructions of SCP's. The copies of letters dated 25.07.2024, dated 23.09.2024, dated 24.09.2024, dated 19.11.2024, and dated 17.12.2024 are annexed hereto and marked as Annexure A16, Annexure A21, Annexure A22, Annexure A26 and Annexure A29 respectively. Further Show Cause Notice's dated 28 August 2024 and dated 10 October 2024, had also been issued against the MC Panipat and JBM (respectively) by the HSPCB. The copies of Show Cause Notice's dated 28 August 2024 and dated 10 October 2024 issued by the HSPCB against the JBM are annexed hereto and marked as Annexure A19 and Annexure A24 respectively.

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10. That, the Joint Committee Report dated 11.10.2024 noted that approximately 360 MT of legacy waste was already present at the Village Mehrana site prior to its allocation to JBM, making it clear that this waste is unrelated to PCC or IND, and as per the minutes of meeting of Environmental Compensation Assessment Committee dated 04.10.2024, held the MC Panipat liable for managing MSW within the limits.

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11. That, it is the failure of MC Panipat and JBM to construct and establish secondary waste collection point’s, and Transfer Stations; which wholly created the present dispute. Further, in Dr. Rajbir Arya v. State of Haryana (OA No. 182/2023), the Hon'ble Tribunal directed MC Panipat to ensure compliance with the SWM Rules, including the establishment of secondary waste collection point’s with proper infrastructure.

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12. That, there is no evidence against PCC and IND as the Joint Committee Report and case records do not implicate PCC or IND in any environmental violations in the report dated 11.10.2024, while on other hand, JBM has faced several challenges and criticisms regarding its operations. Notable issues include:

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12.1. Unscientific Waste Disposal and Environmental Penalty: In November 2024, the Haryana State Pollution Control Board (HSPCB) recommended an environmental compensation of Rs. 11.22 lakh against JBM for dumping mixed solid waste in an open area between two canals near Mehrana village. The inspection revealed the absence of a boundary wall, lack of waste segregation, and open burning of waste, all in violation of the Solid Waste Management Rules, 2016. This unscientific disposal posed risks of soil and groundwater contamination due to leachate percolation.

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12.2. Non-compliance with Waste Management Rules: In July 2023, this Hon'ble Tribunal directed the MC Panipat to adhere strictly to the Solid Waste Management Rules, 2016. A joint committee's interim report dated 11.10.2024 highlighted the MC Panipat's failure, while the MC Panipat attributed some of these lapses to JBM, but nothing had been alleged against the PCC and IND.

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12.3. Complaint by Ashish of Ugrakheri Village: Ashish filed a complaint before this Hon'ble Tribunal, alleging that JBM was dumping mixed solid waste in an open area between two canals near Mehrana village, instead of disposing of it scientifically. This led to the Haryana State Pollution Control Board (HSPCB) recommending an environmental compensation of Rs. 11.22 lakh

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against JBM for improper waste handling and unscientific dumping, violating the Solid Waste Management Rules, 2016 and present dispute as well.

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12.4. Complaint by Dr. Rajbir Arya: In December 2021, Dr. Arya, a resident of Sector 25 (Part 2) Panipat, filed a complaint before this Hon'ble Tribunal stating that MC Panipat and certain private industries were dumping garbage and solid waste in the grounds of Sector 25 Panipat.

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13. That, as on the date of 09.01.2025, MC Panipat issued a warning letter to JBM directing it to clear all waste from the Village Mehrana site within four days, failing which legal action, including the filing of an FIR, would be initiated. A copy of letter dated 09.01.2025 issued by the MC Panipat against the JBM is annexed hereto and marked as Annexure A30.

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14. That the JBM has not disclosed the entire facts before the Hon’ble Tribunal and efforts have been made to mislead this Hon’ble Tribunal. The correct factual and legal position is narrated in this reply. It is further humbly submitted that the PCC and IND is open to take steps as directed by the Hon’ble Tribunal after considering the facts and circumstances stated in the present reply.

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15. That the JBM is guilty of suppression of facts and has not approached this Hon’ble Tribunal with clean hands.

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16. That the I.A. 25 of 2025 is based on incorrect facts and has been filed with oblique motive just to harass the PCC and IND without any cause. The I.A. 25 of 2025 is neither bonafide one rather the JBM has mislead this Hon’ble Tribunal by suppressing the material and real facts from this Hon’ble Tribunal.

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17. That it is submitted that the I.A. 25 of 2025 filed by the JBM is not maintainable as the same is without any cause of action in favour of the JBM and against the PCC and IND and is abuse of the process of law hence deserve to be dismissed on this score alone.

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18. That the JBM is bent upon destroying the business of PCC and IND since long time. That on several occasions such frivolous attempts have been made by raising false issues and submitting bogus letters at their behest raising guns on others shoulders.

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19. That the list of date and events are reproduced below;

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*Date*	*LIST OF* *Event*	*DATE AND EVENTS* *Brief Description*	*Annexure*
25.09.2017	Concession Agreement executed between JBM and ULBs for 22 years	Agreement signed for Integrated Solid Waste Management (ISWM) project.	Annexure A1
13.05.2022	Pooja Consulation work order allotted by MC Panipat for 2 years	For Complete Sanitation including Street Sweeping and Bush Uprooting and transport silt/dust etc. to secondary collection point in Zone No.3 (Ward 15to20).	Annexure A2
13.05.2022	IND waste 2 work orders allotted by MC Panipat for 2 years	For Complete Sanitation including Street Sweeping and Bush Uprooting and transport silt/dust etc. to secondary collection point in Zone No.1 (Ward 01 to 07) and in Zone No.2 (Ward 07 to 14).	Annexure A3
27.02.2023	Letter from MC Panipat to JBM	MC Panipat allocated land to JBM for the construction of secondary waste collection point	Annexure A4
30.06.2023	Letters from JBM to MC Panipat	. JBM informed to the MC Panipat regarding dumping of waste by the R6 and R7 outside the designated area nearby STP Shivah site (allocated by MC Panipat to JBM for secondary waste collection point).	Annexure A5
30.06.2023	Letter from JBM to MC Panipat	JBM informed MC Panipat regarding local protest against the construction of secondary waste	Annexure A6

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		collection point near STPShivah
01.07.2023	Letter from JBM to MC Panipat	. JBM informed MC Panipat regarding local protest against the construction of secondary waste collection point near STPShivah.	Annexure A7
20.07.2023	Letter from JBM to MC Panipat	JBM informed MC Panipat regarding local protest against the construction of secondary collection point near STPShivah.	Annexure A8
20.07.2023	Letter from JBM to MC Panipat	JBM informed MC Panipat regarding facing various issues with regards to the transfer of waste to secondary collection point.	Annexure A9
28.07.2023	Letter from JBM to MC Panipat	JBM raised query to release a deduction of 10% in billing made by MC Panipat for non construction of secondary llti it	Annexure A10
28.07.2023	Letter from JBM to MC Panipat	coecon pon. JBM raised various queries and others to MC Panipat.	Annexure A11
07.08.2023	Letter from IND waste to MC Panipat	IND waste informed MC Panipat that due to non functioning of JBM; it is facing financial losses as it is also performing the activities which are solely given to the JBM	Annexure A12
21.10.2023	Letter from JBM to MC Panipat	. JBM informed MC Panipat to allocate separate SCP to IND waste and PoojaConsulation.	Annexure A13
03.11.2023	Letter from JBM to MC Panipat	JBM informed MC Panipat to allocate separate SCP to	Annexure A14

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		IND waste and PoojaConsulation
16.11.2023	Letter from MC Panipat to JBM/IND waste/Pooja Consulation	. MC Panipat issued warning notice to smoothen their service.	Annexure A15
25.07.2024	Letter from MC Panipat to JBM	MC Panipat issued notice of irregularities to the JBM.	Annexure A16
09.08.2024	Letter from JBM to MC Panipat	JBM informed MC Panipat regarding ongoing issues	Annexure A17
14.08.2024	Letter from MC Panipat to JBM	MC Panipat issued notice to JBM to initiate construction activities for SCP in two days.	Annexure A18
22.08.2024	Letter from HSPCB to MC Panipat	HSPCB issued Show Cause Notice for non-compliance under Municipal Solid Waste (& Handling) Rules, 2016 for the year 2024-25 to MC Panipat.	Annexure A19
03.09.2024	Letter from MC Panipat to JBM	MC Panipat issued notice to JBM to initiate construction activities for SCP in threedays	Annexure A20
23.09.2024	Letter from MC Panipat to JBM	. MC Panipat issued notice of irregularities and warning regarding secondary collection points to the JBM.	Annexure A21
24.09.2024	Letter from MC Panipat to IND waste/Pooja Consulation	MC Panipat issued reformation and correction notice.	Annexure A22
24.09.2024	Letter from MC Panipat toJBM	MC Panipat issued reformation and correction notice	Annexure A23
10.10.2024	Letter from HSPCB to JBM	. HSPCB issued Show cause notice for imposition of Environmental Compensation for the improper handling and	Annexure A24

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		unscientific dumping of solid waste at Village Mehrana, Panipat in violation of Solid Waste Management Rules, 2016 as per board policy order dated 22/12/2021 for the Methodology for Assessment Environmental Compensation to the JBM.
23.10.2024	Letter from IND waste to MC Panipat	IND Waste requested MC Panipat for the allocation of dumping points.	Annexure A25
19.11.2024	Letter from MC Panipat to JBM	MC Panipat issued warning notice to JBM to immediately complete the construction of SCP.	Annexure A26
25.11.2024	Letter from JBM to _HSPCB _	JBM provided status report to the HSPCB.	Annexure A27
03.12.2024	Letter from JBM to _HSPCB _	JBM provided status report to the HSPCB.	Annexure A28
17.12.2024	Letter from MC Panipat to JBM	MC Panipat issued notice to JBM to initiate construction activities for SCP Immediately	Annexure A29
09.01.2025	Letter from MC Panipat to JBM	MC Panipat issued notice to JBM to comply with the various requisitions set forth in the captioned matter Immediately.	Annexure A30

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REPLY ON MERITS

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20. That, the contents of para no. 1 to 10 need no comments.

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21. That, the contents of para no. 11 (a) to 11 (d) need no comments.

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22. That, in reply to the contents of para no. 11 (e), it is humble submits that neither PCC nor IND were dumping the waste outside the designated point, all dumping were being monitored closely and at the identified points only. The contents of this para is false and denied completely and concocted by an interested litigant for ulterior motives for causing losses to the PCC and IND at the behest of or in connivance with some interested parties just to share the onus of loss caused by JBM.

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23. That, in reply to the contents of para no. 11 (g), it is most humbly submits that as per the work order dated 13.05.2022, IND and PCC are only responsible for the collecting and lifting such waste at the designated dumping point only, disposal was not covered in the work order. Further neither PCC nor IND is the concessionaire in any manner, as referred in the Work Orders, PCC and IND are the contractors only. The contents of this para is false and denied completely.

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24. That, the contents of para no. 11 (h) to 13 need no comments.

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25. That, the contents of para no. 14 is wrong, false, concocted and denied in toto to the extent those are contrary to record and which have not been expressly admitted by the PCC and IND in the present reply. The PCC and IND craves leave to refer and rely upon the averments made hereinabove and further craves leave to file specific reply in its additional affidavit if required or directed by this Hon'ble Tribunal.

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26. That, the contents of para no. 15 to 30 are wrong, false, concocted and denied in toto, in view of preliminary submissions and averments made in the above para of this reply, to the extent those are contrary to record and which have not been expressly admitted by the PCC and IND in the present reply. The PCC and IND craves leave to refer and rely upon the averments made hereinabove and further craves leave to file specific reply in its additional affidavit if required or directed by this Hon'ble Tribunal. The contents of preliminary submissions may kindly be treated as part and parcel of the present para as those are not being repeated herein for the sake of brevity.”

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Vide order dated 23.04.2025, HSPCB was also directed to file response regarding action taken by it for environmental violations against respondents no. 4 to 7.

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Reply dated 14.07.2025 (pages no. 1172 to 1179 of the paper book) was filed by respondent no. 3-HSPCB. The relevant part of the affidavit dated 13.01.2025 filed by respondent no. 3-HSPCB is reproduced below:-

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“RESPONSE ON BEHALF OF HARYANA STATE POLLUTION CONTROL BOARD (RESPONDENT NO.3) THROUGH REGIONAL OFFICER, PANIPAT

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X X X X

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3. That case for imposition of Environment Compensation on Municipal Corporation, Panipat was sent to the Committee for imposition of Environment Compensation vide Regional Office letter No.HSPCB/PR/2025/711 dated 16/06/2025. A personal hearing to represent his case was given to Municipal Corporation, Panipat on 26/06/2025 by Environment Compensation Assessment Committee (ECAC) where Environment Compensation for Rs.11.22 Lacs has been decided by the ECAC. The final order of the Environment Compensation to be imposed on Municipal Corporation, Panipat is awaited from ECAC. Copy of letter dated 16/06/2025 and copy of personal hearing letter dated 23/06/2025 are attached as Annexure-R-1 & R-2 respectively.

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4. That presently the dumping of garbage in the disputed land has been stopped and waste has been removed from the site but remnants of previous solid waste still observed at site. The said land has been handed over to HVPNL for construction of Sub Station and construction at the site has been started by HVPNL. Photographs (dated 12.07.2025) of the site are attached as Annexure-R-3.”

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In view of Rule 15 of the Solid Waste Management Rules, 2016 which lays down the duties and responsibilities of the local authorities for solid waste management within their jurisdiction, vide order dated 10.12.2024 , the Commissioner, Municipal Corporation, Panipat was directed to file his affidavit mentioning all requisite head-wise details regarding compliance with Rule 15 (a) to (z) of the Solid Waste Management Rules, 2016 in tabular format at least one week before the next date of hearing.

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However, response as directed was not filed by respondent no. 4 within period specified.

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Vide order dated 23.04.2025 , respondent no. 4 was directed to file response with reference to the averments made in the original application, observations made in report of the Joint Committee and averments made by respondent no. 5 in its reply and additional reply alongwith copies of all relevant documents.

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Affidavit dated 06.10.2025 (pages no. 1221 to 1247 of the paper book) was filed by respondent no. 4- Municipal Corporation, Panipat. The relevant part of the affidavit dated 06.10.2025 filed by respondent no. 4- Municipal Corporation, Panipat is reproduced below:-

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“AFFIDAVIT OF COMMISSIONER, MUNICIPAL CORPORATION, PANIPAT IN COMPLAINCE OF ORDER DATED 10.12.2024

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X X X X

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3. That the Municipal Corporation Panipathave undertaken the following measures towards compliance with the SWM Rules, 2016, section 15:

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i. MC, Panipat has engaged M/s J.B.M. Environment Management Company for Door-to-Door Collection, Transportation, and Processing of Municipal Solid Waste (MSW) based on Model RFPs circulated by the DULB.

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Further, Short Term and Long-Term action plans are given as under:

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A. Profile of ULB

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*S. No.*	_Particular _	*Status*
1.	Current Population (as per FIDR Portal)	6,11,000
2.	No. of residential/commercial Units (As per NDC Portal)	1,40,453
3.	Per capita waste generation (gm/capita)	Approx. 600gram

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4.	Total waste Generation (in TPD)	Approx. 367 TPD
5.	Bye Laws has been notified as per SWM Rules 2016 (Yes/No) If yes, attach the copy, if No, then give the timeline for issuance of notification for Bye laws	Yes, Copy Attached as Annexure-R/1

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4. That sweeping operations are carried out systematically to ensure cleanliness across urban areas. Residential areas are swept once a day, while commercial and public areas undergo sweeping twice a day through both manual and mechanized methods. To enhance efficiency and maintain urban hygiene, 02 No. of road sweeping machines have been deployed by the ULB.

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A. Collection & Transportation of Municipal Solid Waste

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Present	Ultimate Target	GAP (%)	Timeline
Status for	for Collection of		to
Collection of MS	MS Waste (%)		achieve
Waste			the
(%)			target
65%	100%	35%	31-12-2025

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In Municipal Corporation, Panipat, 100% transportation of collected Municipal Solid Waste (MSW) is being carried out efficiently to ensure proper waste management. Waste is collected from residential, commercial, and public areas and transported to designated processing or disposal sites as per SWM Rules 2016.

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Action Plan to maintain, further improvement and monitor the collection and transportation of waste:

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_S.No. _	*Content*	*Timeline*
1.	Presently 100% vehicles are GPS enabled with a pre- decided route plan. These vehicles are being monitored on the centralized SWM monitoring portal.	Already Achieved
2.	Total 81 Nos. of vehicles are compartmentalized and equipped to collect segregated waste.	Regular Activity
3.	Regular Monitoring for cleaning of Garbage Vulnerable Points are being monitored by the ULBs as well	Regular Activity

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	as on the centralized SWM monitored
4.	Total 64 Nos.Rag pickers have been identified and engaged with Door-to-Door collection vehicles/ Secondary points across the State for improving the waste collection and Segregation.	Regular Activity
5.	Total 60 Nos. of SHGs formed in the MC for Solid Waste Management works including Door-to-Door Collection.	Regular Activity
6.	100% of Properties will be covered with QR Code Scanner/ RFID tags to monitor the primary waste collection as the new Model RFP,	30.04.2026
7.	Regular monitoring is being done by Municipal Corporation Panipat on centralized SWM monitoring portal for Primary collection, secondary collection, GVPS, Waste processing and payments & penalties.	Regular Activity
8.	For Redressal of citizens complaints, Swachtta App, Swachh Haryana App, Sameer App, are already in service and monitored regularly at ULB level.	Regular Activity
*greg* *rega* *Prese*	*ation and Processing of MSW* *tion:* nt *Ultimate* *GAP*	*as per SWM R* *(%)* *Timeline*
*Statu* *Segre*	*s of* *gation* *Target* *for*	to *achieve*
*(%)*	*Segregation (%)*	*the* *taret*
_0% _	_100% _ _100% _	g 30.06.2026

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C. Segregation and Processing of MSW as per SWM Rules, 2016

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i. Segregation:

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Action Plan and timeline to achieve the targets:

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S. Content Timeline No.

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1.	MC has engaged 01 of NGOs for conducting IEC activities regarding Solid Waste Management including source segregation. Regular IEC activities are conducted and monitored by Nodal Officer.	Already engaged and will continue.
2.	08 BWGs have been identified by MCso far, out of which all BWGs have been registered. The BWGs is being penalized for non-compliance of SWM Rules, 2016 as per orders passed by Hon'ble NGT regarding environmental Compensation. In the year 2024-25 total 02 no. of notices have been issued, total Rs 10000 fine imposed and recovered total Rs. zero.	100% BWGs registered
3.	Total no. of 26 Ward committees have been formed by MC to facilitate the segregation and maintain cleanliness across the MC jurisdiction.	Regular Activity
4.	In Non-compliance of SWM Rules, 2016is being penalized regularly. In the year 2024-25 total75 no. Challans have been issued on the violators out of which total fine of Rs. 267000/- have been imposed.	Regular Activity
5.	PMU is engaged at State level and PIUs are engaged at District level to ensure the implementation of SWM Rules 2016 and to facilitate and support BWGs for their waste management.	Already Achieved
6.	Total no. of 105 IEC campaigns with 77342 nos. of participants have been organised in compliance of SWM Rules 2016.

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ii. Present status of Waste Processing and Action Plan:

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The current combined waste processing capacity in MC is 750 Tons Per Day (TPD), while total waste generation stands at 367 TPD, resulting in a shortfall of 383 TPD. To bridge this gap, future provisions have been planned to enhance waste processing capacity more than half of existing waste generation. Additional, MC is implementing the Standard Model RFP issued by DULB for Collection & Transportation of MSW and Processing of MSW to streamline the MSW works.

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*Facility*	*Required* *Capacity/* *No. (in TPD)*	*Present* *Capacity/No.* *(in TPD)*	*GAP*	*Timeline to* *achieve the GAP*
Total no. of MRF	80 TPD	80 TPD	0	Already Achieved
Total no. of Compost Plant/Pi ts	-----	-----	-----	As MC Panipat is the part of WTE plant at Murthal, Sonipat.
Total no. of Park Pits (only for Horticult ure Waste)	10 No.	6 No.	4 No.	31-12-2025
Total no. of Sanitary Landfill Facility (SLF)	1 No.	1 No.	0	1 No. SLF exist at WTE plant murthal (Sonipat). Panipat is under sonipat cluster

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D. Details of Legacy Waste sites across Panipat

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The bioremediation of legacy waste of 4.09 Lacs MT has been done in accordance with the CPCB guidelines. Apart from this, as per the concessionaire agreement for the remediation and reclamation of existing legacy waste sites, the concessionaire is responsible for processing the waste and ensuring sustainable disposal of the recovered materials. The inert waste generated from the process will be utilized for filling up the area beneath the base course of Roads and highways, thereby promoting resource recovery and minimizing landfill dependency. Also, soil enrichment material is being used for Barren land and C&D waste is being used for filling the low laying area.

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E. Status of Construction & Demolition Waste Management

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*Present* *Status* of *Genera* *tion* *of C&D* *waste* *(in TPD)*	*Present* *Status of* *Collection* *Transporta* *tion & of* *C&D waste* *(in TPD)*	*Present Status* *Of Processing* *of C&D waste* *(in TPD)*	*GAP*	*Timeline to* *achieve the GAP*
Approx. 03 TPD	Most of the C&D waste 15 reused at generation sites. The left out inert material is dumped in low lying Area	There is no C&D waste processing plant	Nil	31.03.2026

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F. Status of Domestic Hazardous & Sanitary Waste

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*Collection Waste mechanism of* *DHS*	*Final Disposal of DHS waste*
A separate bin installed on door-to door collection vehicle to collected Domestic Hazardous & Sanitary waste.	By Incineration

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G. Give details of best practices followed by the MC in compliance of SWM Rules, 2016.

¶369

Municipal Corporation Panipat proposes the following best practices for waste management:

¶370

Effective Waste Segregation: The municipality will continue its focus on segregation at the source through the use of color-coded bins and will ensure 100% door-to-door collection systems. This will be accompanied by extensive community outreach and education programs to ensure that residents are aware of and practice proper waste segregation.

¶371

Composting and Recycling: We will continue enhancing and recycling programs, setting up community composting units and material recovery facilities. The focus will be on recycling organic waste and diverting recyclables like paper, plastic, and metals from landfills. We are going to establish 05nos.RRR centre.

¶372

Circular Economy: The municipality will continue its work to promote

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O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

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the circular economy model, where waste is minimized, and materials are reused and recycled as much as possible, reducing the overall environmental impact. We have already on boarded scrap dealers & kabadiwallas with MC Panipat for ensuring this.

¶377

Citizen Engagement and Education: There will be continuous engagement with citizens to raise awareness about waste reduction, segregation, and responsible disposal practices. Awareness drives, educationally programs in schools, and community outreach will continue to be undertaken. We have designated 3 local residents as Youth Ambassador for local ownership of IEC activities.

¶378

4. That the Municipal Corporation Panipat undertakes to continue its efforts to achieve 100% compliance with SWM Rules, 2016, and other applicable guidelines, ensuring timely progress reporting and necessary interventions to address any gaps.”

¶379

Additional reply dated 07.10.2025 (pages no. 1248 to 1388 of the paper book) was filed by respondent no. 4- Municipal Corporation, Panipat. The relevant part of the affidavit dated 07.10.2025 filed by respondent no. 4- Municipal Corporation, Panipat is reproduced below:-

¶380

“REPLY ON BEHALF OF RESPONDENT NO.4, MUNICIPAL CORPORATION, PANIPAT

¶381

X X X X

¶382

2. That on September 26^th 2017, the Municipal Corporation, Panipat along with other municipalities, for the purpose of developing of integrated solid waste management through private participation on Design. Built. Finance Operate and Transfer (DBFOT) basis for the management of the Project Assets. Facilities and resources required for the integrated management of Municipal Solid Waste (MSW), door to door collectionaire, segregation, treatment of SWM and other tasks as enumerated in the agreement within the respective jurisdiction municipalities entered into ‘Concession Agreement’ with M/s JBM Environment Management Private Limited hereinafter referred as M/S JBM Enviro, a special purpose vehicle incorporated under provisions of the Companies Act, 2013, having its registered office at 601. Hemkunt Chambers, 89, Nehru Palace. New Delhi (Annexure R-1).

¶383

3. That it is most respectfully submitted that M/s JBM Enviro started work from February 15^th , 2018 (Annexure R-2). First

¶384

O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

¶386

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complaint was received against the M/s JBM Enviro on 15.12.2020 regarding non-lifting of dumped garbage heap accumulated in Sector 25 Part 2.

¶388

Truck Union and Gymkhana Club Panipat M/s JBM Enviro was pressed upon to clear the garbage and warned that work be done according to the norms engrossed in Concessionaire Agreement

¶389

4. That it most respectfully submitted that an OA 182 of 2023 was filed before this Hon'ble Tribunal and the same was disposed of by the Hon'ble Tribunal in order dated July 19th, 2023 (Annexure R-3)

¶390

5. That on adjudication of OA by this Hon’ble Tribunal, Municipal Corporation Panipat has given several warnings letters dated July 25^th September 19^th October 8^th & November 18^th , 2024 (Annexure R-4) to M/s JBM Enviro for undertaking work according to the terms mentioned in Concessionaire Agreement

¶391

6. That according to Section 40 and other provisions of Indian Contract Act, 1872, M/s JBM enviro is bound to perform the terms & agreements/promise made by the firm

¶392

7. That M/s. Pooja Consultation Company and M/s IND Sanitation Solutions Company have been engaged solely for the purpose of road sweeping, drain desilting, and transportation of the said material to the designated Secondary Collection Point (SCP) only These agencies were not responsible for treatment or disposal of legacy waste which was lying at village Binjhol site in question.

¶393

8. That it is humbly submitted that the responsibility for the treatment and disposal of legacy waste lies exclusively with M/s JBM Environment, who has been entrusted with such obligations under the applicable concessionaire agreement .

¶394

9. That the answering respondent has already provided land for a permanent Secondary Collection Point (SCP) at Barshat Road, Panipat, through duly executed lease deeds in the year 2019 and again in 2021. Accordingly, the obligations with regard to SCP have already been fulfilled by MCP. It is further submitted here that now a modern garbage transfer station has been up built by JBM Company on this 1.5 acre situated at Barsat Road, away from the general population.

¶395

O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

¶397

¶398

10. That a waste to energy plaint is running in Murthal (Sonipat) in which the daily garbage of the Municipal Corporation are in transported through Hiva trucks All these trucks are sent cover with tarpaulin.

¶399

11. That the Temporary Garbage Transfer Centre built near Village Binjhol has completely closed and the garbage already dumped herein also been taken away by M/s JBM Company Photographs of old site at Village Binjhol are annexed as Annexure R-6. ”

¶400

(Emphasis added)

¶401

The applicant appeared before this Tribunal in the course of hearing but the applicant did not file any objections to the report of the Joint Committee and replies filed by the respondents.

¶402

We have heard submissions made by the applicant and Mr. Rahul Khurana, learned Counsel for respondents no. 1 to 3; Mr. Nalin Kohli, Senior learned Counsel (through VC) with Mr. Kunal Vajani, Mr. Kunal Mimani, Mr. Kartikey Bhatt, Mr. Akshay Luthra and Mr. Anshul Malik, learned Counsels for respondent no. 5; and Mr. Akarsh Dutt Sharma, learned Counsel for respondents no. 6 and 7 and we have gone through the material on record carefully.

¶403

Mr. Pankaj Rao, Municipal Commissioner, Panipat also appeared before this Tribunal through V.C. and we also heard the submissions made by him.

¶404

In their arguments, learned Counsels for the respondents reiterated the factual and legal submissions made by them in their replies/reports.

¶405

The applicant raised the grievances regarding that M/s. JBM Enviro Group, which has been given contract for handling, management and disposal of solid waste, by Nagar Nigam, Panipat, instead of scientifically handling, managing, transporting and disposing of solid waste, is

¶406

O.A.No.810/2024

¶407

Ashish Vs. State of Haryana & Ors.

¶408

¶409

discharging the same between two canals and throwing partially burnt garbage and unburnt garbage in the canals causing contamination of water.

¶410

As mentioned by respondent no. 5- M/s. JBMEM Pvt. Ltd. in its reply, respondent no. 5- M/s. JBMEM Pvt. Ltd. cleared 432.09 MT of legacy waste lying at the subject site between 11.10.2024 and 12.10.2024, and 150 MT of legacy waste between 05.01.2025 to 09.01.2025 and transported the same to its WtE Plant at Murthal for processing in compliance with the Concession Agreement and SWM Rules. This fact is also admitted by respondent no. 4- MC, Panipat which has submitted in its reply that the Temporary Garbage Transfer Centre built near Village Binjhol has been completely closed and the garbage already dumped therein has also been taken away by respondent no. 5- M/s. JBMEM Pvt. Ltd. The applicant also admitted in the course of final hearing that the site in question had been cleared.

¶411

Respondent no. 5- M/s. JBMEM Pvt. Ltd. has submitted that respondent no. 5- M/s. JBMEM Pvt. Ltd. regularly apprised MC, Panipat of the unauthorized dumping of road sweeping waste, silt, and malba by respondents no. 6 and 7 but MC, Panipat did not take any action to address the issue or prevent further dumping or disposal of the existing waste, except putting the entire blame on JBMEM.

¶412

Respondent no. 4- MC, Panipat has submitted that M/s. Pooja Consultation Company and M/s. IND Sanitation Solutions Company were engaged solely for the purpose of road sweeping, drain desilting, and transportation of the said material to the designated Secondary Collection Point (SCP) only and were not responsible for treatment or disposal of legacy waste which was lying at village Binjhol site in question and

¶413

O.A.No.810/2024

¶414

Ashish Vs. State of Haryana & Ors.

¶415

¶416

respondent no. 5- M/s. JBMEM Pvt. Ltd. was responsible for treatment and disposal of legacy waste lying there.

¶417

In the facts and circumstances, we are of considered view that no orders regarding liability of respondents no. 6 and 7 are required to be passed by this Tribunal in the present case and respondent no. 5- M/s. JBMEM Pvt. Ltd. may avail appropriate remedies against respondents no. 6 and 7 in accordance with law.

¶418

It may be observed that Dr. Rajbir Arya filed O.A. No. 182/2023 complaining about and solid waste in Sector 25, Panipat and burning of garbage during night causing serious health hazards to the local residents. The above said O.A. was disposed of by this Tribunal vide order dated 19.07.2023. The relevant part of the order reads as under:

¶419

“5. In view of above, we direct as follows:

¶420

i. Municipal Corporation, Panipat is directed to ensure compliance of Solid Waste Management Rules, 2016.

¶421

ii. Municipal Corporation, Panipat has to set up proper secondary storage facilities with proper upkeep without causing public health and health issues to conservancy staff with sufficient space for sorting of recyclable materials to enable informal or authorized waste pickers and waste collectors to separate recyclables from the waste and provide easy access to waste pickers and recyclers for collection of segregated recyclable waste such as paper, plastic, metal, glass, textile from the source of generation or from material recovery facilities, Bins for storage of bio-degradable wastes shall be painted green, those for storage of recyclable wastes shall be printed white and those for storage of other wastes shall be printed black and to make arrangement for segregation of waste and ensure compliance of Solid Waste Management Rules, 2016.

¶422

iii. Municipal Corporation, Panipat is directed to quantify the waste generation and waste processed so that there is no addition of legacy waste.

¶423

O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

¶425

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6. With these observations, the application stands disposed of.” 34. In its reply, respondent no. 5- M/s. JBMEM Pvt. Ltd. has submitted that respondent no. 4-MC, Panipat failed to provide permanent Secondary Collection Point (SCP) regarding which letters were written to MC, Panipat as mentioned in the reply.

¶427

In its reply, respondent no. 4- MC, Panipat has submitted that MC, Panipat has already provided land for a permanent Secondary Collection Point (SCP) at Barshat Road, Panipat, through duly executed lease deeds in the year 2019 and again in 2021 and the obligations with regard to SCP had already been fulfilled by MC, Panipat and that now a modern garbage transfer station has been up built by respondent no. 5- M/s. JBMEM Pvt. Ltd. on this 1.5 acre situated at Barsat Road, away from the general population.

¶428

It may be observed here that this Tribunal had vide order dated 10.12.2024 directed the Commissioner, Municipal Corporation, Panipat to file his affidavit mentioning all requisite head-wise details regarding compliance with Rule 15 (a) to (z) of the Solid Waste Management Rules, 2016. Respondent no. 4- MC, Panipat filed replies dated 06.10.2025 and 07.10.2025 which are vague and evasive and do not give the complete information with respect to compliance to Rule 15 of the Solid Waste Management Rules, 2016.

¶429

In O.A. No. 606/2018 titled Compliance of Municipal Solid Waste Management Rules, 2016 and O.A. No. 458/2023 titled Prakash Yadav vs. State of Haryana & Ors., this Tribunal has given directions with regard to compliance of the Solid Waste Management Rules, 2016. The directions given in the above said order need not be reproduced here and suffices it to observe that the same are applicable to

¶430

O.A.No.810/2024

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Ashish Vs. State of Haryana & Ors.

¶432

¶433

respondent no. 4- MC, Panipat also and respondent no. 4- MC, Panipat is bound to comply with the same in letter and spirit.

¶434

I.A. No.25/2025 was filed by respondent no. 5- M/s. JBMEM Pvt. Ltd. with prayer for operation and implantation of notice dated 09.01.2025 and directing respondents no. 4, 6 and 7 to remove the legacy waste and to direct respondent no. 4-MC, Panipat to provide SCP. Legacy waste at the site has already been cleared. As per the material placed before this Tribunal SCP has also been provided as mentioned above. Respondent no. 5- M/s. JBMEM Pvt. Ltd. will be entitled to avail appropriate remedy against notice dated 09.01.2025. In these circumstances, no intervention order is required to be passed qua above said reliefs by this Tribunal on I.A. No. 25/2025 which is disposed of accordingly.

¶435

In view of the above, the present Original Application is disposed of with directions to the Commissioner, MC, Panipat to take requisite remedial measures for due compliance with all aspects covered by Rule 15 (a) to (z) of the Solid Waste Management Rules, 2016 as well as the directions given by this Tribunal O.A. No. 606/2018 titled Compliance of Municipal Solid Waste Management Rules, 2016 and O.A. No. 458/2023 titled Prakash Yadav vs. State of Haryana & Ors., and to file action taken report in tabular format with all requisite details within three months before Ld. Registrar General of this Tribunal who is directed to list the matter before the Bench for further directions in case of nonreceipt of the Report and also in case further directions by the Bench are considered to be necessary on examination of the Report received from the Commissioner, MC, Panipat as the case may be.

¶436

O.A.No.810/2024

¶437

Ashish Vs. State of Haryana & Ors.

¶438

¶439

We appreciate the initiative taken by the applicant in sending of the present letter petition to this Tribunal which has ultimately served the cause of protection and improvement of environment.

¶440

We have noticed that the applicant has also incurred substantial expenses in appearing before this Tribunal and prosecuting present application and is entitled to award of appropriate amount of costs for the time and money spent by him.

¶441

Accordingly, the costs are assessed as Rs. 25,000/- (Rs. Twenty Five Thousand only). Said amount of the costs be paid by HSPCB to the applicant out of the amount of environmental compensation lying deposited with it within three months from receipt of a copy of this order.

¶442

A copy of this order be forwarded to the applicant by registered post for information and the Chief Secretary, Govt. of Haryana, the Commissioner, MC, Panipat, Member Secretary, HSPCB and District Magistrate, Panipat by e-mail for requisite compliance.

¶443

Arun Kumar Tyagi, JM

¶444

Dr. Afroz Ahmad, EM

¶445

November 07, 2025 Original Application No. 810/2024 (I.A. No. 25/2025) R

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