Disposed

Misc Application in disposed of cases No. 115/2024 in Original Application No. 92/2023 of Sh. Neel Mani v. South Delhi Municipal Coorperation

NGT4 Jul 2025Misc Application in disposed of cases No. 115/2024 in Original Application No. 92/2023

Case brief

AI extract

What is this about?

In a miscellaneous application, the National Green Tribunal directed the South Delhi Municipal Corporation to file a detailed report justifying the retention of 250 garbage dumps and providing timelines for closing the remaining 259 dhalavs, as well as ensuring compliance with the CPCB's SOP.

What did the court decide?

MCD directed to file detailed report with justification for retaining 250 dhalavs and timelines for remaining 259; ensure compliance with CPCB SOP.

Misc Application in disposed of cases No. 115/2024 in… — Environment and Pollution | NGT (2025)

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Item No. 03

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 115/2024 In

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Original Application No. 92/2023

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Sh. Neel Mani Applicant

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Versus

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South Delhi Municipal Cooperation & Ors. Respondents

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Date of hearing: 04.07.2025

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

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Applicant: None for the Applicant.

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Respondents: Mr. Rajkumar, Advocate for CPCB.

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Ms Puja S Kalra, Advocate for MCD with Mr. R. K. Jain, Assistant Engineer and Sh. Mahipal, MCD.

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ORDER

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The applicant had filed the present application seeking relocation of the dhalavs -garbage dumps situated in front of entry gate of the residence of the applicant.

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Vide order dated 21.02.2023 this Tribunal issued notices to the respondents and constituted a Joint Committee with direction to verify the factual position and suggest appropriate remedial action.

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Report dated 21.03.2023 of the Joint Committee was filed by DPCC vide email dated 25.04.2023.

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Replies/reports were filed by the concerned respondents and the original application was disposed of by this Tribunal vide order dated 04.09.2023. The relevant part of the order reads as under:-

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“9. MCD shall also take appropriate steps to close the remaining dhalao with specific timelines as per directions of the Chief Secretary, Government of NCT of Delhi and directions given by this Tribunal for ensuring compliance with Solid Waste Management Rules, 2016.

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10. The CPCB is directed to look into the aspect of issuance of appropriate Standard Operating Procedure (SOP) on the subject applicable to all States/UTs, as already directed by this Tribunal, within three months and file action taken report with the Registrar General of this Tribunal who may, if necessary, direct listing of the matter before the Bench for further directions.”

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Since the report as directed was not filed by CPCB, the matter was listed by the Registry before the Bench for further directions by registering M.A NO. 115/2024.

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CPCB was given opportunity to file its action taken report vide order dated 27.11.2024.

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In compliance thereof, report dated 23^. 12.2024 was filed by CPCB but learned counsel for CPCB sought time for further compliance with order of this Tribunal for circulation of the same to all States and Union Territories.

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Learned counsel for CPCB has submitted that the SOP has been circulated to all States and Union territories on 10^. 02.2025 and he seeks time to file further action taken report in this regard.

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Further action taken report may be filed by the CPCB with regard to circulation of the SOP to all the State and Union Territories as directed by this Tribunal.

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Vide order dated 15.01.2025, notice was issued to MCD for filing its report regarding compliance with ordered 04.09.2023.

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In compliance therewith report dated 02.07.2025 has been filed by

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MCD. The relevant part of the report is reproduced as under:-

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“5. It is to mention that in compliance of the directions of Hon'ble NGT dated 04.09.2023, the dalao next to plot no- 74, Friends Colony West, New Delhi-110065 has already been closed before 31.12.2024 for collection of garbage. It is specifically submitted that the dhalao mentioned in Original Application is lying vacant and no MSW is collected at this point as of now and will be put up to suitable alternative use as and when need arises. The photograph of the closed dhalao is annexed as Annexure-III.

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6. That with regard to the directions to MCD for taking appropriate steps to close the remaining dalaos with specific time line as per directions of the Chief Secretary, GNCTD and the directions given by the Hon'ble NGT for ensuring compliance with Solid Waste Management Rules-2016 it is respectfully submitted that as per As per Master Plan of Delhi (MPD) 2021, the land for dhalao shall be utilized primarily for segregation of waste and for parking of utility vehicles and local bodies has to ensure that the existing dhalaos be removed in phases. The area required for setting up such segregation unit should be around 0.02 Ha (200 sq.m.). However, Rule 15 (h) & (0) of Solid Waste Management Rules 2016 stipulate that:-

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15 Duties and responsibilities of local authorities and village Panchayats of census towns and urban agglomerations. The local authorities and Panchayats shall –

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(h) Setup material recovery facilities or secondary storage facilities with sufficient space for sorting of recyclable · materials to enable informal or authorised 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 biodegradable 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;

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(o) Set up covered secondary storage facility for temporary storage of street sweepings and silt removed from surface drains in cases where direct collection of such waste into transport vehicles is not convenient. Waste so collected shall be collected and disposed of at regular intervals as decided by the local body;

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7. That it is most respectfully submitted that MCD is taking initiative of making Delhi a dhalao free city in compliance with the provisions ofMPD-2021. The existing dhalaos that are closed or abandoned are being converted into public utility facilitic_s in terms of Resolution139 dated 23.11.2021 passed by Standing Committee of MCD and are being removed in a phased manner. Initially, there were 1494 Dhalaos out of which 985 Dhalaos have been closed and put to following alternate use in public interest including :

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-Converting them into Amul Milk Booths

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-MRF - EV Infrastructure (IGL)

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-Library -Reading Room

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-Training Centre for less privileged women & children

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-Safaikaramchari Attendance Centre/ Sf Office - Senior Citizen Recreation Centre

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-Decentralized Composting Pits

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The Zone w1se list of dhalaos of all Zones maintained by DEMS/HQ/MCD is annexed as Annexure-IV. Furthermore, MCD is in the process of converting the dhalaos in to Fixed Compactor Transfer Station (FCTS) in the phased manner, as per the requirement. The area of existing dhalaos is varying from about 20-40 Square meter, whereas as per MPD 2021, the area required for segregation of waste and parking for utility vehicles is 0.02 ha (200 sq.m.) and minimum area required to set up an FCTS (Fixed Compactor Transfer Station) is about 65 sq.m.

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That at present there are 309 Operational FCTS (Fixed Compactor Transfer Stations) for 509 operational dhalaos out of which 250 (One dhalao per Ward) are being utilized for storage of street sweeping waste and silt, as prescribed in point no-3 (ii) of the Orders of Chief Secretary, GNCTD dated 06.04.2023 ( Copy annexed as AnnexureV). It is pertinent / to mention that the aforesaid 250 dhalaos are being operated for Infrastructure Requirement at Residential Neighborhood Level as stated in MPD 2021, whereby one dhalao per ward is being retained for catering to sweeping waste and channel silt. Zone wise list of 309 operational FCTS's is annexed herewith as Annexure-VI.

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9. Furthermore, due to scarcity of availability of feasible land and delay in allotment of such land by Land Owning Agencies, the allocation of sites for construction of utility for segregation of waste and parking of utility vehicles is under process. However, the answering respondent has to close 'dhalaos' in phase wise manner while ensuring the availability of other Secondary Storage Systems (i.e. Dhalaos and FCTS) in the vic.inity of closed dhalaos. It is pertinent to mention that some of the closed dhalaos have been· converted into Fixed Compactor Transfer Station (FCTS) depending upon availability of land which serves as the collection/storage unit equivalent to minimum 4 dhalaos. The private concessionaire has also deployed Mobile Transfer Station (MTS) which provides mechanical means of direct transportation of primary collected waste

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into secondary transportation vehicle in the absence of secondary storage collection systems, in a particular area or ward or locality. The secondary transportation vehicles (i.e. Refuse Compactor Vehicle/MTS) then transport the solid waste to designated waste processing facilities or dumpsites.

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10.That the entire process of removing the dhalaos and making Delhi a 'dhalao-free city' is in process and is being unde11aken in terms of MPD2021, SWM Rules, 2016 and Order dated 04.09.2023 passed by Hon' ble NGT.”

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We have gone through the report and we find that in the report MCD has not given detailed justification for retaining 250 dhalavs and specific timelines for closing of 259 dhalavs .

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MCD is directed to file further report mentioning all requisite details regarding the dhalavs which are intended to be retained along with the justification for retaining of the same and mentioning the specific timelines for closing of the remaining 259 dhalavs .

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MCD is also directed to comply with the SOP already circulated by CPCB and ensure that no unsegregated waste is dumped in the dhalavs in question and file action taken report in this regard.

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The present Misc Application is disposed of with the direction that reports as directed above may be filed by CPCB and MCD within three months before the Ld. Registrar General of this Tribunal who shall place the matter before the bench, if passing of further order by the Bench is considered to be necessary.

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A copy of this order be also sent to the Member Secretary, CPCB and the Commissioner, MCD by email for requisite compliance.

Arun Kumar Tyagi, JM

Dr. Afroz Ahmad, EM

July 04, 2025

M.A in Disposed of Cases No. 115/2024 In Original Application No. 92/2023 AB

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Misc Application in disposed of cases No. 115/2024 in Original Application No. 92/2023 of Sh. Neel Mani v. South Delhi Municipal Coorperation

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 115/2024 in Original Application No. 92/2023 of Sh. Neel Mani v. South Delhi Municipal Coorperation

Case brief

What is this about?

What did the court decide?

What the court decided

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