Remanded

Misc Application in disposed of cases No. 43/2025 in Original Application No. 584/2024 of Rakesh Bhardwaj vs

NGT1 Jul 2025Misc Application in disposed of cases No. 43/2025 in Original Application No. 584/2024

Case brief

AI extract

What is this about?

The National Green Tribunal, Principal Bench, New Delhi, considered an application regarding solid waste dumping and drain water discharge in Meham district. The court expanded an existing Joint Committee to investigate legacy waste clearance and new dumping allegations, directing the committee to submit a report within four months with directions on verification and remedial action.

What did the court decide?

Expanded Joint Committee to include Executive Officer, Meham to investigate legacy waste clearance and new dumping grievances and submit report within four months.

Misc Application in disposed of cases No. 43/2025 in… — Environment and Pollution | NGT (2025)

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Item No. 04

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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. 43/2025 In

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Original Application No. 584/2024

Rakesh Bhardwaj

Applicant

Versus

State of Haryana & Ors.

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Respondents

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Date of hearing: 01.07.2025

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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. Rahul Khurana, Advocate for Respondents no. -1, 2 & 3.

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ORDER

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The applicant- Rakesh Bhardwaj had sent a letter petition dated 05.10.2023, which was treated and registered as O.A No. 584 of 2024.

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The applicant raised grievances about dumping of solid waste by Nagar Palika, Maham, District Rohtak in violation of environmental norms.

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This Tribunal disposed of the application by constituting a Joint Committee comprising District Magistrate, Rohtak and Haryana State Pollution Control Board and directing the same to verify the factual position and take appropriate prohibitive, preventive and remedial action and submit a report before learned Registrar General of this Tribunal who was given liberty to place the matter before the Bench, if considered necessary.

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In compliance thereof, report dated 20.11.2024 was filed by the Joint Committee. The Relevant part of the report reads as under:-

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“2. That site/area was visited on 26.09.2024 by Sh. Sachin Kumar, AEE, HSPCB Rohtak Region along with Sh. Rahul Boora, Naib Tehsildar, Meham representative of Deputy Commissioner, Rohtak. Site visit Report dated 26.09.2024 along with photographs is annexed as Annexure R-1.

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3. That show cause notice under solid waste management rules was issued on 16.10.2024 to Secretary, Municipal Committee Meham to submit action plan for disposal of legacy waste lying at the site/area. The copy of show cause notice is annexed as Annexure R- 2.

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4. That Secretary, Municipal Committee Meham has submitted the reply of show cause notice and action plan for disposal of legacy waste lying at Khasra No. 779/1 Meham. The Secretary, M.C. Meham has submitted the reply dated 21.10.2024 stating about steps taken in part for processing & disposal of legacy waste alongwith action plan to dispose of the remaining legacy waste. As per action plan submitted, legacy waste is likely to be disposed of by 30.12.2024.

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5. That claim of processing of legacy waste as stated in the reply dated 21.10.2024 was verified during visit on dated 21.10.2024 and it was found that trommel machine operational at site. The M.C. Meham has also displayed sign boards at site for not to dispose any solid waste on that area. The reply and photographs are annexed as Annexure R-3.”

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Considering further orders to be necessary, the matter was listed before this Bench on 16.04.2025 and response was sought from (1) State of Haryana through District Magistrate, Rohtak; (2) Nagar Palika Parishad, Rohtak through Executive Officer and (3) HSPCB through its Member Secretary who were impleaded as Respondents No. 1 to 3.

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However, while impleading concerned Nagar Palika Parishad, word ‘Rohtak’ was wrongly written instead of word ‘Meham’ which is ordered to be corrected accordingly. Requisite correction be made in the memo of parties.

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In compliance with order dated 16.04.2025, reply has been filed by respondents no. 1 and 3 vide email dated 30.06.2025. The relevant part of the reply reads as under:-

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“5. That after receiving of notice in present matter, a report has been submitted by the Secretary, MC, Meham to the Haryana State Pollution Control Board (HSPCB), Rohtak on 27.06.2025 vide letter dated 27.06.2025. A copy of the said report is annexed herewith as Annexure R/1.

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6. That as per report submitted by MC, Meham, entire legacy waste has been disposed of and no legacy waste is lying at site. Further, following information has been submitted by the MC, Meham:

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"According the action plan submitted by the MC Meham, legacy waste was disposed as per the guidelines SWM Rules 2016 on dated 31-12-2024. The fractions of legacy waste are given as under:

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Total Legacy Waste as per assessment:- 10959.52 Μ.Τ. Total Legacy Waste found at site and processed:- 11206.50 Μ.Τ. R.D.F. Recovered:- 2049.67 Μ.Τ. Soil enrichment material:- 8202.24 Μ.Τ. C&D:-561.24 Μ.Τ. Inert:-393.35 Μ.Τ.

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The above said work has been done by M/s Balwan & Company Sonipat. RDF has been disposed of by the agency through Dhartie Warriors Environment Pvt. Ltd, 291, Sector-15, Part-1, Gurugram, HR-122001 for 2049.67 M.T.

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Soil Enrichment Material of quantity 8202.24 M.T. was received from the said legacy site, which was given by agency to the local farmers. Construction & Demolition waste was 561.24 M.T. which was given by the agency to Sh. Parmod Dangi Contractor for road construction activities. The Inert, of quantity 393.35 Μ.Τ. was dumped at the sanitary landfill site of Municipal Corporation Rohtak. At present, there is no legacy waste of any kind left in the Municipal Committee Meham area. Presently no solid waste of any kind is being dumped at the said site. Municipal Committee has also fixed warning boards regarding no dumping of garbage at the site. Photo enclosed herewith (attached as Annexure-A)

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At present, for daily generated waste, municipal committee Meham has doing door-to-door garbage collection through M/s Balwan & Company Sonipat which is handling and disposing of the waste."

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7. That it will be relevant to mention here that site in question was visited by Field Officer, HSPCB, Rohtak on 27.06.2025 and no waste was found dumped at the site.”

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It is evident from the above reply that the legacy waste has been cleared.

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However, in the original application, grievances were also raised regarding dumping of the solid waste in residential area in the vicinity of old bus stand with a prayer that the same should be 4 to 5 km away from the residential area and also that waste water from drain was being discharged in the pond which may be discharged to the sewer by laying down proper sewerage line. Both these aspects need to be looked into and appropriate action needs to be taken on the basis of due verification of the factual position.

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In these facts and circumstances, we expand the Joint Committee already constituted vide order dated 09.07.2024 by including the Executive Officer, Municipal Committee, Meham besides District Magistrate, Rohtak and HSPCB. The Joint Committee shall look into both the aspects mentioned above and take appropriate preventive, prohibitive, punitive and remedial action in accordance with law within three months and file action taken report within 4 months before Ld. Registrar General of this Tribunal, who shall place the matter before the Bench, if further orders are considered to be necessary.

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This M.A is disposed of accordingly with directions as mentioned above.

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A copy of this order be sent to the Member Secretary, HSPCB, the District Magistrate, Rohtak and the Executive Officer, Municipal Committee, Meham by email for requisite compliance.

Arun Kumar Tyagi, JM

Dr. Afroz Ahmad, EM

July 01, 2025 M.A in Disposed of Cases No. 43/2025 In Original Application No. 584/2024/AB

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Misc Application in disposed of cases No. 43/2025 in Original Application No. 584/2024 of Rakesh Bhardwaj vs

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Misc Application in disposed of cases No. 43/2025 in Original Application No. 584/2024 of Rakesh Bhardwaj vs

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