Disposed

Misc Application in disposed of cases No. 46/2024 in Original Application No. 5/2023 of K.S. Upadhyay v. Jharkhand Pollution Control Board

NGT3 Jul 2025Misc Application in disposed of cases No. 46/2024 in Original Application No. 5/2023

Case brief

AI extract

What is this about?

In a miscellaneous application regarding a landfill site in Sonari, Jamshedpur, the National Green Tribunal directed the disposal of legacy waste by March 2026 and the provision of an alternative site within two months due to continued violations and dumping despite previous orders.

What did the court decide?

Direction to ensure complete disposal of legacy waste by March 2026; Direction to provide an alternative landfill site within two months; Direction to the Board to take action against violators.

Misc Application in disposed of cases No. 46/2024 in… — Environment and Pollution | NGT (2025)

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Court No.1

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Item No.11

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Miscellaneous Application No.46/2024/EZ

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Original Application No.05/2023/EZ

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K. S. Upadhyay Applicant(s) Versus Jharkhand Pollution Control Board & Ors. Respondent(s) Date of Hearing : 03.07.2025 Date of Uploading : 08.07.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Sanjay Upadhyay, Sr. Adv. a/w Mr. Kazi Sangay Thupden, Adv. (in Virtual Mode)

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For Respondent(s) : Mr. Ashok Prasad, Adv. for JSPCB,

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Ms. Aishwarya Rajyashree, Adv. for State Respondents (in Virtual Mode)

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ORDER

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Mr. Sanjay Upadhyay, learned Senior Counsel assisted by Mr. Kazi Sangay Thupden in present (in Virtual Mode) on behalf of the Applicant.

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Heard Mr. Sanjay Upadhyay, learned Senior Counsel appearing (in Virtual Mode) for the Applicant ; Mr. Ashok Prasad, learned Counsel appearing for the Jharkhand State Pollution Control Board and Ms. Aishwarya Rajyashree, learned Counsel appearing for the State of Jharkhand.

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(Final order of the said case will be uploaded in NGT website by separate sheets of paper)

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B. Amit Sthalekar, JM

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Dr. Arun Kumar Verma, EM

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July 03, 2025, Miscellaneous Application No.46/2024/EZ in Original Application No.05/2023/EZ SKB

Court No.1

Item No.11

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Miscellaneous Application No.46/2024/EZ

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Original Application No.05/2023/EZ

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In the matter of: K. S. Upadhyay A3, Brindaban Gardens, Sonari,

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Jamshedpur – 831001

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.... Applicant(s)

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Versus

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1. Jharkhand Pollution Control Board

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Through the Member Secretary H.E.C., Dhurwa,

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Ranchi – 834004

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(Jharkhand)

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2. Deputy Commissioner, East Singhbhum,

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Office of Deputy Commissioner, Sakchi Jamshedpur - 831011

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3. Tata Steel Utilities and Infrastructure Services Ltd. (Formerly known as Jamshedpur Utilities & Services Co. Ltd. – JUSCO) Through its Chairman, Sakchi Boulevard Road, Northern Town, Bistupur, Jamshedpur – 831 001, Jharkhand

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4. Central Pollution Control Board (CPCB),

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Through its Regional Directorate, 1582 Rajdanga Main Road, South End Conclave, 5^th and 6^th Floor, Kolkata - 700107

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.... Respondent(s)

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Date of Hearing : 03.07.2025 Date of Uploading : 08.07.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Sanjay Upadhyay, Sr. Adv. a/w Mr. Kazi Sangay Thupden, Adv. (in Virtual Mode)

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For Respondent(s) : Mr. Ashok Prasad, Adv. for JSPCB,

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Ms. Aishwarya Rajyashree, Adv. for State Respondents (in Virtual Mode)

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ORDER

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The Original Application No.05/2023/EZ was filed by the Applicant alleging that there was a huge landfill dumping site situate close to the rivers Subarnarekha and Kharkai in the area of Sonari in Jamshedpur. It is alleged that this landfill site had been set up in violation of Schedule (1)(A)(vii) of the Solid Waste Management Rules 2016 for the reason that this landfill site was less than 200 meters from habitation and less than 100 meters from the confluence point of two rivers, Subarnarekha and Kharkai.

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It was further alleged that the landfill site was on fire which was causing immense smoke and stench in the area where the Applicant resides.

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The Applicant in the Original Application is seeking a direction to the Respondents to stop the ongoing burning of wastes of landfill site in question and further to direct the respondents to lay down the remediation plan.

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The Original Application No.05/2023/EZ K. S. Upadhyay Versus Jharkhand Pollution Control Board & Ors. was disposed of by this Tribunal on 05.04.2023 with the following directions contained in para 18 of the order which reads as under: -

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“18. In this view of the matter, nothing further remains for adjudication in the present Original Application. We dispose of the Original Application with a direction to the Respondent No.2, “Deputy Commissioner, East Singhbhum, Jharkhand, to ensure that the entire garbage and legacy waste is removed from the existing landfill site and the said land is completely restored and the garbage is duly treated and bio-mined strictly as per the Solid Waste Management Rules, 2016 and the guidelines issued by the

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Central Pollution Control Board already referred to hereinabove, by 31.12.2024.”

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The present Miscellaneous Application has been filed by the Applicant alleging violation of the directions given by the Tribunal in its judgment and order dated 05.04.2023. Along with this Miscellaneous Application, photographs have been filed as published in the newspaper ‘Hindustan’ dated 09.12.2024 showing massive fire in the illegal landfill. This prima facie shows that the order of the Tribunal given more than one and half years ago, has not been complied with.

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The Deputy Collector Land Reforms, Dhalbhum, Jhashedpur, East Singhbhum, Jharkhand has filed affidavit dated 06.01.2025 bringing on record an Inspection Report of an inspection carried out on 02.01.2025 by the Committee constituted by the Jharkhand State Pollution Control Board. The Inspection Report reads as under :-

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“Inspection Report

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Inspection Report of Municipal Solid Waste Dump site at Domuhani, Sonari Jamshedpur in the light of compliance of the directioin issued by the Hon’ble National Green Tribunal, EZ Bench, Kolkata in the order dated 11.12.2024 passed in M.A. No.46/2024(EZ) in the matter of K. S. Upadhyay Versus Jharkhand State Pollution Control Board.

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The Committee comprising of Sri Ram Pravesh Kumar, Regional Officer, Jamshedpur, Sri Sanjay Kumr Srivastava, Officer on Special Duty and Sri Navneet Kumar, SRF (S.W.M.) constituted by the Board vide letter no.B-2642 dated 30.12.2024 have visited the dump site on 02.01.2025.

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Sri Bhagirath Prasad, Additional Deputy Commissioner, East Singhbhum, Sri Krishna Kumar, Deputy Municipal Commissioner, Jamshedpur Notified Area Committee (JNAC), Sri Suresh Yadav, Deputy Municipal Commissioner, Mango Municipal Corporation (MMC) were also present.

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The observations found during inspection are as follows :-

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➢ The existing waste dumps are located on the land of M/s Tata Steel Utilities & Infrastructure services. Presently Fresh municipal solid wastes are not being dumped by JNAC & Mango Municipal Corporation.

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➢ Currently the fumes which are coming out from the beneath of the dump of municipal solid waste was noticed at the various locations at the site.

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➢ Sprinkling of water at the sites was not observed during inspection but the officials of JNAC and MMC have assured that it has been done thrice a day.

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➢ A mobile screening machine was found operational for segregation of old municipal solid waste.

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➢ Huge quantity of legacy waste was found exist there.

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Sri Krishna Kumar, Deputy Municipal Commissioner, Jamshedpur Notified Area Committee informed that :-

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I. Necessary measures of sprinkling water to curb the fire at dump site and presently only fume of fire is coming out from beneath the dump. Flames have been completely curbed.

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II. Sufficient number of Water Sprinkler are in operation round the clock.

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III. JNAC has placed an order for disposal of legacy municipal solid waste of quantity 48000 metric ton approx.. Bio mining of 42000 metric ton approx. has been completed and 22000 metric ton approx. has been disposed off. the rest of legacy municipal solid waste will be disposed of within 2 months.

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IV.JNAC has taken Steps of sprinkling of Bleaching powder/Golden D-Composer chemical for curbing the adverse effect of garbage.

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V. Dumping of fresh municipal solid waste on this site has been completely sto0pped since 15-12-2024.

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Sri Suresh Kumar, Deputy Municipal Commissioner, Mango Municipal Corporation informed that :-

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I. Dumping of fresh municipal solid waste of MMC Area on this site has been completely stopped since 15-12-2024.

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II. Bleaching powder/Golden De-Composer chemical is being sprinkled to curb the adverse effect of garbage.

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III. DPR for disposal of legacy municipal solid waste is being prepared.

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Status of compliance of Hon’ble NGT, EZB, Kolkata order dated 05.04.2023 in O.A. 05/2023/EZ K. S. Upadhyay Versus Jharkhand State Pollution Control Board & Ors.

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In compliance of Hon’ble NGT order dated 05-04-2023 work order for disposal of legacy municipal solid waste of quantity 48000 metric ton approx. has been issued to M/s Guru Ram Das Pvt. Ltd. the successful bidder.

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Bio mining of 42000 metric ton approx. has already been completed, out of which 22000 metric ton approx. of municipal waste has been disposed off completely. Rest is in the process of disposal.

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It is pertinent to mention here that after the previous order of Hon’ble NGT direction dated 05-044-2023, 1.90 Lakh MT of fresh garbage has been dumped at the aforesaid site, as no alternative land was available.

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This additional fresh municipal waste shall be disposed off, as per the provisions of Solid Waste Management Rules, 2016, according to Short term/ Long term schedule mentioned below :-

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Short term :-

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1) It is to be ensure that no fresh Municipal Solid Waste is dump at the existing sites.

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2) Sprinkling of Water to curb the fire hazard to be ensure.

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3) It shall be ensured no fresh fire occurs at the existing site in future.

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4) Regular sprinkling of Bleaching Powder/Golden DeComposer chemical to be ensure.

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Long term :-

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1) JNAC and MMC will assess the total quantity of legacy municipal solid waste of their part.

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2) Separate DPR is to be prepared by JNAC and MMC before March 2025. By June 2025 tender is to be floated and total legacy municipal waste is to be disposed off

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completely by March, 2026 in a scientific manner under the provisions of Solid Waste Management Rules, 2016.”

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The Respondent No.1, Jharkhand State Pollution Control Board (JSPCB) has also filed affidavit dated 07.01.2025 bringing on record the same Inspection Report which has already been extracted hereinabove.

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The observations of the Inspection Committee is that the existing waste dumps are located on the land of M/s Tata Steel Utilities & Infrastructure Services (TSUIS) and presently fresh Municipal Solid Waste is not being dumped by the Jamshedpur Notified Area Committee (‘JNAC’ for short) or Mango Municipal Corporation (‘MMC’ for short). The Committee noted that currently fumes are emanating from beneath the dump of the said municipal solid waste from various locations at the site ; sprinkling of water at the site was not observed during inspection though the officials of Jamshedpur Notified Area Committee (JNAC) and Mango Municipal Corporation have assured that the same was being done three times a day ; a mobile screening machine was also found operational for segregation of old Municipal Solid Waste ; Huge quantity of legacy waste was found to exist at the site.

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The Applicant has filed two rejoinder affidavits and it is stated that the measures which were noted by the Tribunal in its order dated 05.04.2023 have not been adhered to. Since the present Miscellaneous Application has been filed in view of the order passed by this Tribunal on 05.04.2023, the observations made therein need not be extracted again and reference to the same has also been made in the rejoinder.

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However, it is alleged that even after the judgment given by the Tribunal, dumping of waste at the site has continued and the dumping was stopped only on 15.12.2024 but by that time 1.90 lakh M.T. of additional waste had been dumped. It is further stated that a Work Order has been issued to M/s Guru Ram Das Pvt. Ltd. for disposal of 48,000 M.T. legacy waste but the Applicant is doubting as to how out of 48,000 M.T. legacy waste, 42,000 M.T. bio-mined and 22,000 M.T. has been disposed of when the Work Order has been issued now.

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Photographs have been filed by the Applicant with the rejoinder affidavit showing a huge mountain of waste and debris lying scattered all over the place with Housing Colonies visible in the vicinity close to the dumping site.

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The Jharkhand State Pollution Control Board in its affidavit dated 07.01.2025 has stated that in compliance of the order of the Tribunal dated 05.04.2023 passed in Original Application No.05/2023/EZ, Work Order for disposal of legacy municipal solid waste of 48,000 M.T. has been issued to M/s Guru Ram Das Pvt. Ltd., Bio-mining of approximately 42,000 M.T. has already been completed out of which approximately 22,000 M.T. of municipal waste have been disposed of completely and the residual waste disposal is in process.

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It is however admitted that after the disposal of the Original Application by order dated 05.04.2023, 1.90 lakh M.T. of fresh garbage has been dumped over the site in question as no alternative land was available.

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In the affidavit, it is also stated that having regard to the circumstances of the case, Short Term and Long Term Measures in

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terms of the Solid Waste Management Rules 2016 have been formulated which are mentioned in para 14 of the affidavit of Jharkhand State Pollution Control Board and which read as under:-

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“Short Term:

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1. No fresh dumping Municipal Solid Waste in the existing site should be ensured.

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2. Sprinkling of Water to curb the fire hazard should be ensured.

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3. It should be ensured that no incidences of fire occur at the site in future.

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4. Regular sprinkling of Bleaching Power/ Decomposer chemical to be ensured.

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Long Term:

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1. JNAC and NMC will assess the total quantity of legacy municipal solid waste of their part.

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2. separate DPR is to be prepared & executed by JNAC and NMC with the following timeline:

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Preparation of DPR : Before March 2025

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• Floating of Tender : By June 2025 • Complete disposal of : By March 2026” Legacy waste

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It is also stated that two show cause notices have been issued to the authority of Jamshedpur Notified Area Committee (JNAC) and to the authority of Mango Nagar Nigam (MNN) on 07.01.2025 as to why appropriate action be not taken against them in terms of the provisions of the Solid Waste Management Rules 2016 for not removing the garbage and legacy waste from the landfill site within a stipulated period of time and why fresh municipal solid waste garbage were being dumped at the site. It has not been stated as to what happened in response to the two show cause notices both dated 07.01.2025 issued by the Jharkhand State Pollution Control Board.

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We have heard Mr. Sanjay Upadhyay, learned Senior Counsel appearing (in Virtual Mode) for the Applicant ; Mr. Ashok Prasad, learned Counsel appearing for the Jharkhand State Pollution Control Board and Ms. Aishwarya Rajyashree, learned Counsel appearing for the State of Jharkhand and perused the documents on record.

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We dispose of the present Miscellaneous Application with a direction to the Respondents to ensure complete disposal of legacy waste by March 2026 , the Timeline given in para 14 of the affidavit of the Jharkhand State Pollution Control Board. The Board shall also proceed to take action against the authorities in view of the two show cause notices both dated 07.01.2025 within a period of

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two months hereof.

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The stand of the Respondents is that fresh dumping is going on at the site in question since no alternative land is available till date for dumping of municipal solid waste. This aspect of the matter needs to be examined by the Deputy Commissioner, East Singhbhum expeditiously and alternative landfill site/dumping site must be provided by the State Administration within two months. The Deputy Commissioner, East Singhbhum shall also ensure that no fresh municipal solid waste is deposited at the site in question. This aspect of the matter shall be strictly monitored by the Jharkhand State Pollution Control Board (JSPCB) and action be taken against the violators promptly as per law.

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The Deputy Commissioner, East Singhbhum and Jharkhand State Pollution Control Board shall file Action Taken Report, positively by 15.10.2025.

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The Miscellaneous Application No.46/2024/EZ is disposed of with

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the aforesaid directions.

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There shall be no order as to costs.

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..................................... B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM July 03, 2025, Miscellaneous Application No.46/2024/EZ in Original Application No.05/2023/EZ SKB

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Misc Application in disposed of cases No. 46/2024 in Original Application No. 5/2023 of K.S. Upadhyay v. Jharkhand Pollution Control Board

Case brief

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Misc Application in disposed of cases No. 46/2024 in Original Application No. 5/2023 of K.S. Upadhyay v. Jharkhand Pollution Control Board

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