Disposed

Khalid Ansari v. State of Jharkhand and Ors.

NGT4 Feb 2025Original Application No. 123/2024

Case brief

AI extract

What is this about?

The Tribunal examined a complaint regarding a proposed plastic waste segregation centre near rivers and residential areas in Ranchi. A Joint Committee report confirmed the site was vacant with no construction activities. The matter was disposed of with directions for future compliance with environmental rules.

What did the court decide?

Directed the State respondents to strictly adhere to the siting criteria in Schedule-I of the Solid Waste Management Rules, 2016 and relevant buffer zone guidelines for any future establishment of a p

Khalid Ansari vs State of Jharkhand and Ors. — Environment and Pollution | NGT (2025)

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Item No.04

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Court No.1

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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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Original Application No.123/2024/EZ

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(Earlier O.A. No.205/2024/PB)

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Khalid Ansari and Ors.

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Applicant(s)

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Versus

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State of Jharkhand & Ors. Respondent(s)

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Date of hearing: 04.02.2025

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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) : None,

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For Respondent(s) : Mr. Ashok Prasad, Advocate for R-1,

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Mr. Surendra Kumar, Advocate for R-2,

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Ms. Aishwarya Rajyashree, Advocate for R-3 (in Virtual Mode)

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ORDER

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Case called out. No one is present for the Applicants, although notice was issued to him on 04.04.2024.

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Affidavit dated 01.02.2025 has been filed by the Respondent No.2, Jharkhand State Pollution Control Board; the same is taken on record.

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(Final order of the said case will be uploaded in the NGT

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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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February 04, 2025, Original Application No.123/2024/EZ (Earlier O.A. No.205/2024/PB) OM

Court No.1

Item No.04

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.123/2024/EZ

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(Earlier O.A. No.205/2024/PB)

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IN THE MATTER OF:

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Khalid Ansari,

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Old G Type Panchayat Khalari, PO & PS – Khalari,

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Dist – Ranchi, Jharkhand – 829205,

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….Applicant(s)

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Versus

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1. Central Pollution Control Board, Through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi – 110032,

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2. Jharkhand State Pollution Control Board, Through its Member Secretary, H.E.C. Bhurwa, Ranchi-834004.

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3. District Magistrate, Ranchi, Jharkhand, District Magistrate Office, Deputy Para, Ahirtoli, Ranchi, Jharkhand, 834001.

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...Respondent(s)

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Date of hearing: 04.02.2025 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) : None,

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For Respondent(s) : Mr. Ashok Prasad, Advocate for R-1,

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Mr. Surendra Kumar, Advocate for R-2,

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Ms. Aishwarya Rajyashree, Advocate for R-3, (in Virtual Mode)

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ORDER

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The Original Application No.205/2024/PB was registered by the New Delhi Bench of the National Green Tribunal on a letter petition received through e-mail sent by one Mr. Khalid Ansari and others. The Applicant is aggrieved by the establishment of proposed setting

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up of the Plastic Waste Segregation Centre near the two rivers which is also alleged to be very close to a residential area.

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It is alleged that the said Centre is close to a river/water body originating in a nearby hill which flows for about eight months in the year and empties into an old reservoir. It is stated that if the Segregation Centre is allowed to function it would release environmental pollutants and chemicals as well as infection material which will pollute the two water bodies situated in close proximity to the said Segregation Centre.

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It is also alleged that if the Plastic Waste Segregation Centre is allowed to be established at the site in question it would result in movement of heavy vehicles and machinery creating considerable sound pollution. The apprehension of the Applicant also is that the said Segregation Centre would release foul smell in the area polluting the entire atmosphere causing great discomfort to the residents in the area.

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The New Delhi Bench of the Tribunal also constituted a fact finding Committee comprising of; representatives of the Central Pollution Control Board, Jharkhand State Pollution Control Board and the District Magistrate, Ranchi, which was required to visit the site in question and submit its Report.

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Thereafter, by an order dated 02.05.2024 the Original Application No.205/2024/PB was transferred to the Eastern Zone Bench of the National Green Tribunal at Kolkata and has been re-numbered as Original Application No.123/2024/EZ.

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The Jharkhand State Pollution Control Board, Respondent No.2, has filed affidavit dated 01.02.2025 bringing on record the Joint

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Committee Report of an inspection carried out on 28.01.2025. The

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Joint Committee Report reads as under:-

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“ REPORT OF THE JOINT COMMITTEE

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In compliance with the order dated 02/05/2024 of the Hon’ble National Green Tribunal (NGT), Principal Bench (PB), New Delhi And

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Order dated 04/07/2024, 17/10/2024 and 20/11/2024 of the Hon’ble National Green Tribunal Eastern Zone Bench, Kolkata, In O.A. No.123/2024/EZ

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(Earlier O.A. No.205/2024/pb)

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In the matter of Khalid Ansari & ors.

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Versus

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State of Jharkhand and Ors. January, 2024

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1. Introduction

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1.1 With reference to the letter petition sent by Mr. Khalid Ansari and others via email to the Hon'ble Tribunal, which has been treated and registered as O.A. No.205/2024 (Presently O. A. No. 123/2024/EZ) the Hon'ble National Green Tribunal, PrincipalBench, New Delhi had passed an order dated 02/05/2024 (Copy of theorder dated 02/05/2024 passed by the Hon'ble NGT, PB, New Delhi in the present matter is attached as Annexure — `A'. The matter is related to plastic waste segregation centre near residential area and two big lakes and also transferring of the facility at safe distance from residential area in Ranchi, Jharkhand.

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1.2 Direction of the Hon'ble NGT, PB vide order dated 02/05/2024

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The Hon'ble NGT, PB, New Delhi vide its order dated 02/05/2024 in O. A. No. 205/2024 in the matter of Khalid Ansari and Ors. Versus State of Jharkhand and Ors. has registered the Original Application on the basis of the letter petition sent by Mr. Khalid Ansari and others via email to the Hon'ble Tribunal and has directed as under: -

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"3. Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.

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4. In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position and suggest appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Central Pollution Control Board, Jharkhand Pollution Control Board and the District Magistrate, Ranchi and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, verify the factual position and suggest appropriate remedial action. The Jharkhand Pollution Control Board will be the nodal agency for coordination and compliance.

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5. Even though in the present case cognizance has been taken by this Bench on the basis of letter petition received by post with approval and assignment under order of Hon'ble Chairperson, but in view of the facts and circumstances of the case including the fact that the place of accrual of cause of action lies within jurisdiction of the Eastern Zone Bench of this Tribunal at Kolkata, we are of the considered view that it will be appropriate if the case is further heard by the Eastern Zone Bench of this Tribunal at Kolkata.

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6. Accordingly, the Registry is directed to list the matter before the Eastern Zone Bench of this Tribunal at Kolkata on 04.07.2024 after obtaining orders from Hon'ble the Chairperson for transfer of the case.

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7. Factual and Action taken Report by the Joint Committee be filed within two months before the Eastern Zone Bench of this Tribunal at Kolkata by email [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.

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1.3 Constitution and Meeting of Joint Committee

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The 1^st Joint Committee Meeting, constituted as per the Hon'ble NGT order dated 02/05/2024 in O.A. No. 123/2024/EZ (formerly O.A. No. 205/2024/PB), was held on 28/05/2024 via video conferencing. The joint committee was comprised of Following Officials:

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Sri Rahul Kumar Sinha, Deputy Commissioner of Ranchi

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Sri Ram Pravesh Kumar, Regional Officer Ranchi, Jharkhand Pollution Control Board & Nodal Officer

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Sri Sukhendu Biswas, Scientist B, CPCB, Kolkata.

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It was decided that before the joint visits, the Deputy Commissioner (DC) of Ranchi would collect primary information from the concerned department, and JSPCB would gather details about the alleged unit for the committee the Minutes of Meeting (MoM) of the said meeting is attached as Annexure —‘B’

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However, the then DC of Ranchi and the Regional Officer of JSPCBRanchi were transferred, and due to the general elections in Jharkhand, the joint field visits could not be conducted. Hence, a new committee was constituted subsequently, comprised of following members:

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Sri Ram Narayan Singh, Additional Collector of Ranchi

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Sri Kumar Manibhusan, Env. Engg. cum Regional Officer Ranchi, Jharkhand Pollution Control Board & Nodal Officer

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Sri Sukhendu Biswas, Scientist B, CPCB, RD Kolkata.

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In compliance with the Order dated 04/07/2024, 17/10/2024 and 20/11/2024of the Hon'ble Eastern Zone Bench of this Tribunal, the 2"dJoint Committee meeting was carried out through video conference on 24/01/2025. In the said meeting the following decisions were taken:-

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a) Details of the location and area will be collected by the Additional Collector in Ranchi before visiting the site.

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b) Documents related to the establishment of the segregation Unit, such as work orders, consents (CTE/CTO), etc., will be arranged by RO, Ranchi, JSPCB before the site visit.

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c) The Joint Committee constituted by Hon'ble NGT will visit the alleged site on 28th January, 2025.

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d) The representative from the Ranchi Collector's Office was requested to inform the local police to ensure their presence during the inspection.

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The MoM of the said meeting is attached as Annexure — ‘C’

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2. Site Visit

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2.1 The Joint Committee carried out the site visit on 28/01/2025 to ascertain factual status as stated in the said letter petition. The Joint committee undertook visit of the site in question, interacted with the local Administrations, villagers, stakeholders etc. the Inspection Team comprised of the following officials:a) Sri Ram Narayan Singh, Additional Collector, Ranchi, Jharkhand. b) Sri Kumar Manibhushan, Env. Engg.-Cum-Regional Officer, Regional Office-Ranchi, JSPCB

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c) Sri Sukhendu Biswas, Scientist-‘B’, CPCB Regional Directorate, Kolkata.

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d) Circle Officer, Khelari, Ranchi,

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e) BDO, Khelari, Ranchi,

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f) Sh. Chandan Kumar, AEE, Regional Office-Ranchi, JSPCB

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2.2 Observations:

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The Joint Committee as constituted by the Hon'ble National Green Tribunal has visited the site in question on 28/01/2025 along with the local administration and the following was observed: -

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a) The site was completely vacant, neither the boundary wall nor any construction work was found at the site.

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b) No Plastic Segregation unit observed at the alleged site.

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c) On enquiry, the local administration and the local people present there informed that the project was proposed almost 2 years back but till date no activities has been started.

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d) It was observed that a seasonal nullah of width approx. 1-1.5 meters was flowing at a distance of approx. 50 m from the proposed plot.

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e) The letter no. 162/ प्रक� -1 dated 28/01/2025 issued by the Executive Engineer—Cum—Member Secretary-1, District Water and Sanitation Committee "Prakalp" Ranchi stated that as of now, no work order has been issued for construction of Plastic Waste Segregation Centre in any of the blocks except Namkum Block, as per the decision taken in the convened meetings.

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The said letter is attached as Annexure —‘D’

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3. Recommendations

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Based on the observations made by the Joint Committee during the site visit on 28/01/2025 and as per above mentioned letter no. 162/ प्रक� -1 dated 28/01/2025, it is recommended that if required in future, the suitable site for construction of Plastic Waste Segregation unit, may be allocated in accordance with the relevant rules and applicable guidelines of the CPCB, namely the ‘Plastic Waste Management Rules 2016’, the amended guidelines on the provision of buffer zones around ‘Waste Processing and Disposal Facilities (2019)’, and the ‘Solid Waste Management Rules, 2016’.

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Photographs

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Photo-1: Photographs of the proposed site.

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Photo-2: Photographs of the proposed site.

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Photo-3: Photograph of the seasonal nullah with The Joint Committee

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Photo-4: Photograph of the seasonal nala with the Joint Committee.”

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The Joint Committee carried out site inspection on 28.01.2025 and interacted with the local administration, villagers and stakeholders etc. The observations of the Committee show that the site was completely vacant; neither there was any boundary wall nor any

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construction work was found at the site; no Plastic Segregation Unit was observed at the site. It is also observed by the Joint Committee that, on enquiry the local administration and local people present there, informed that the said project was proposed almost two years back but till date no activity is started; a seasonal nallah of width 1-1.5 meters was observed flowing at a distance of approximately 50 meters from the proposed plot; letter dated 28.01.2025 issued by the Executive Engineer-cum-Member Secretary-1, District Water and Sanitation Committee “Prakalp” Ranchi, mentions that as of now no work order has been issued for construction of Plastic Waste Segregation Centre in any of the blocks except Namkum Block.

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The Joint Committee after the site visit has recommended that if required in future, a suitable site for construction of Plastic Waste Segregation Unit may be allocated in accordance with the relevant rules and guidelines of the Central Pollution Control Board and the Plastic Waste Management Rules, 2016, Solid Waste Management Rules, 2016, and Waste Processing and Disposal Facilities Guidelines, 2019.

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The Central Pollution Control Board, Respondent No.1, has filed affidavit dated 19.11.2024 bringing on record the Plastic Waste Management Rules, 2016, Solid Waste Management Rules, 2016, and the amended Guidelines on Provision of Buffer Zone around Waste Processing and Disposal Facilities, 2019. The Plastic Waste (Management and Handling) Rules, 2011, lays down the guidelines for plastic waste minimization, source segregation, recycling, involving waste pickers, recyclers and waste processors in collection of plastic waste fraction either from households or any

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other source of its generation or intermediate material recovery facility and adopt polluter pay’s principle for the sustainability of the waste management system. Rule 5 under the heading “Plastic Waste Management” of the Plastic Waste Management (Amendment) Rules, 2018, reads as under:-

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“5. Plastic waste management: - The plastic waste management by the urban local bodies in their respective jurisdiction shall be as under: -

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a. Plastic waste, which can be recycled, shall be channelized to registered plastic waste recycler and recycling of plastic shall conform to the Indian Standard: IS 14534:1998 titled as Guidelines for Recycling of Plastics, as amended from time to time;

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b. Local bodies shall encourage the use of plastic waste (preferably the plastic waste which cannot be further recycled) for road construction as per Indian Road Congress guidelines or energy recovery or waste to oil etc. The standards and pollution control norms specified by the prescribed authority for these technologies shall be complied with;

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c. Thermo set plastic waste shall be processed and disposed of as per the guidelines issued from time to time by the Central Pollution Control Board; and

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d. The inert from recycling or processing facilities of plastic waste shall be disposed of in compliance with the Solid Waste Management Rules, 2000 or as amended from time to time.”

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Rule 6 under the heading “Responsibility of local body” of the amended Rules, 2018, reads as under:-

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“6. Responsibility of local body . - (1) Every local body shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation, processing and disposal of the plastic waste either on its own or by engaging agencies or producers.

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(2) The local body shall be responsible for setting up, operationalisation and co-ordination of the waste management system and for performing the associated functions, namely: -

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(a) Ensuring segregation, collection, storage, transportation, processing and disposal of plastic waste;

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(b) ensuring that no damage is caused to the environment during this process;

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(c) ensuring channelization of recyclable plastic waste fraction to recyclers;

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(d) ensuring processing and disposal on non-recyclable fraction of plastic waste in accordance with the guidelines issued by the Central Pollution Control Board;

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(e) creating awareness among all stake holders about their responsibilities;

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(f) engaging civil societies or groups working with waste pickers; and

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(g) ensuring that open burning of plastic waste does not take place.

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(3) The local body for setting up of system for plastic waste management shall seek assistance of producers and such system shall be set up within one year from the date of final publication of these rules in the Official Gazette of India;

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(4) The local body to frame bye-laws incorporating the provisions of these rules.”

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Rule 7 under the heading “Responsibility of Gram Panchayat” of the amended Rules, 2018, reads as under:-

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“7. Responsibility of Gram Panchayat . - Every gram panchayat either on its own or by engaging an agency shall set up, operationalise and co-ordinate for waste management in the rural area under their control and for performing the associated functions, namely, -

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a) ensuring segregation, collection, storage, transportation, plastic waste and channelization of recyclable plastic waste fraction to recyclers having valid registration; ensuring that no damage is caused to the environment during this process; b) creating awareness among all stakeholders about their responsibilities; and

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c) ensuring that open burning of plastic waste does not take place.”

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Rule 8 under the heading “Responsibility of Waste Generator” of the

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amended Rules, 2018, reads as under:-

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“ 8. Responsibility of waste generator. - (1) The waste generator shall. –

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a. Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the Solid Waste Management Rules, 2000 or as amended from time to time;

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b. Not litter the plastic waste and ensure segregated storage of waste at source and handover segregated waste to urban local body or gram panchayat or agencies appointed by them or registered waste pickers’, registered recyclers or waste collection agencies;

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(2) All institutional generators of plastic waste, shall segregate and store the waste generated by them in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2000 notified vide S.O 908(E) dated the 25th September, 2000 under the Act or amendment from time to time and handover segregated wastes to authorized waste processing or disposal facilities or deposition centres either on its own or through the authorized waste collection

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agency;

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( 3) All waste generators shall pay such user fee or charge as may be specified in the bye-laws of the local bodies for plastic waste management such as waste collection or operation of the facility thereof, etc.; and

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(4) Every person responsible for organising an event in open space, which involves service of food stuff in plastic or multi-layered packaging shall segregate and manage the waste generated during such events in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2000 notified vide S.O 908(E) dated the 25th September, 2000 under the Act or amendment from time to time.”

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Rule 8 (2) of the Plastic Waste Management (Amendment) Rules, 2018, provides that “ all institutional generators of plastic waste, shall segregate and store the waste generated by them in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2000, notified vide S.O. 908(E) dated 25^th September, 2000” . The said rules were subsequently superseded by the Solid Waste Management Rules, 2016 and, therefore, the siting criteria laid down in Schedule-I of the said Rules, 2016, shall be

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required to be adhered to by the local bodies even in the matter of treatment and disposal of plastic waste.

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The Solid Waste Management Rules, 2016, has been issued by the Ministry of Environment, Forests and Climate Change, vide Notification dated 8^th April, 2016, Schedule-I thereto lays down the Specifications for Sanitary Landfills. Paras A, B, C, D, E, F, G, H, I and J to Schedule-I of the Solid Waste Management Rules, 2016, read as under:-

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“ SCHEDULE I

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[see rule 15 (w), (zi), 16 (1) (b) (e), 16 (4)]

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Specifications for Sanitary Landfills

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(A) Criteria for site selection. –

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(i) The department in the business allocation of land assignment shall provide suitable site for setting up of the solid waste processing and treatment facilities and notify such sites.

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(ii) The sanitary landfill site shall be planned, designed and developed with proper documentation of construction plan as well as a closure plan in a phased manner. In case a new landfill facility is being established adjoining an existing landfill site, the closure plan of existing landfill should form a part of the proposal of such new landfill.

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(iii) The landfill sites shall be selected to make use of nearby wastes processing facilities. Otherwise, wastes processing facility shall be planned as an integral part of the landfill site.

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(iv) Landfill sites shall be set up as per the guidelines of the Ministry of Housing and Urban Affairs, Government of India and Central Pollution Control Board.

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(v) The existing landfill sites which are in use for more than five years shall be improved in accordance with the specifications given in this Schedule.

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(vi) The landfill site shall be large enough to last for at least 20-25 years and shall develop ‘landfill cells’ in a phased manner to avoid water logging and misuse.

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(vii) The landfill site shall be 100 meter away from river, 200 meter from a pond, 200 meter from Highways, Habitations, Public Parks

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and water supply wells and 20 km away from Airports or Airbase. However, in a special case, landfill site may be set up within a distance of 10 and 20 km away from the Airport/Airbase after obtaining no objection certificate from the civil aviation authority/ Air force as the case may be. The Landfill site shall not be permitted within the flood plains as recorded for the last 100 years, zone of coastal regulation, wetland, Critical habitat areas, sensitive ecofragile areas.

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(viii) The sites for landfill and processing and disposal of solid waste shall be incorporated in the Town Planning Department’s land-use plans.

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(ix) A buffer zone of no development shall be maintained around solid waste processing and disposal facility, exceeding five Tonnes per day of installed capacity. This will be maintained within the total area of the solid waste processing and disposal facility. The buffer zone shall be prescribed on case to case basis by the local body in consultation with concerned State Pollution Control Board.

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(x) The biomedical waste shall be disposed of in accordance with the Bio-medical Waste Management Rules, 2016, as amended from time to time. The hazardous waste shall be managed in accordance with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, as amended from time to time. The E- waste shall be managed in accordance with the e-Waste (Management) Rules, 2016 as amended from time to time.

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(xi) Temporary storage facility for solid waste shall be established in each landfill site to accommodate the waste in case of non-operation of waste processing and during emergency or natural calamities.

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(B) Criteria for development of facilities at the sanitary

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landfills. –

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(i) Landfill site shall be fenced or hedged and provided with proper gate to monitor incoming vehicles, to prevent entry of unauthorised persons and stray animals.

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(ii) The approach and / internal roads shall be concreted or paved so as to avoid generation of dust particles due to vehicular movement and shall be so designed to ensure free movement of vehicles and other machinery.

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(iii) The landfill site shall have waste inspection facility to monitor waste brought in for landfilling h, office facility for record keeping and shelter for keeping equipment and machinery including pollution

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monitoring equipment. The operator of the facility shall maintain record of waste received, processed and disposed.

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(iv) Provisions like weigh bridge to measure quantity of waste brought at landfill site, fire protection equipment and other facilities as may be required shall be provided.

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(v) Utilities such as drinking water and sanitary facilities (preferably washing/bathing facilities for workers) and lighting arrangements for easy landfill operations during night hours shall be provided.

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(vi) Safety provisions including health inspections of workers at landfill sites shall be carried out made.

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(vii) Provisions for parking, cleaning, washing of transport vehicles carrying solid waste shall be provided. The wastewater so generated shall be treated to meet the prescribed standards.

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(C) Criteria for specifications for land filling operations and closure on completion of land filling. –

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(i) Waste for land filling shall be compacted in thin layers using heavy compactors to achieve high density of the waste. In high rainfall areas where heavy compactors cannot be used, alternative measures shall be adopted.

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(ii) Till the time waste processing facilities for composting or recycling or energy recovery are set up, the waste shall be sent to the sanitary landfill. The landfill cell shall be covered at the end of each working day with minimum 10 cm of soil, inert debris or construction material. (iii) Prior to the commencement of monsoon season, an intermediate cover of 40-65 cm thickness of soil shall be placed on the landfill with proper compaction and grading to prevent infiltration during monsoon. Proper drainage shall be constructed to divert runoff away from the active cell of the landfill.

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(iv) After completion of landfill, a final cover shall be designed to minimise infiltration and erosion. The final cover shall meet the following specifications, namely: --

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a) The final cover shall have a barrier soil layer comprising of 60 cm of clay or amended soil with permeability coefficient less than 1 x 107 cm/sec.

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b) On top of the barrier soil layer, there shall be a drainage layer of 15 cm.

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c) On top of the drainage layer, there shall be a vegetative layer of 45 cm to support natural plant growth and to minimise erosion.

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(D) Criteria for pollution prevention. - In order to prevent pollution from landfill operations, the following provisions shall be made, namely: -

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(i) The storm water drain shall be designed and constructed in such a way that the surface runoff water is diverted from the landfilling site and leachates from solid waste locations do not get mixed with the surface runoff water. Provisions for diversion of storm water discharge drains shall be made to minimise leachate generation and prevent pollution of surface water and also for avoiding flooding and creation of marshy conditions.

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(ii) Non-permeable lining system at the base and walls of waste disposal area. For landfill receiving residues of waste processing facilities or mixed waste or waste having contamination of hazardous materials (such as aerosols, bleaches, polishes, batteries, waste oils, paint products and pesticides) shall have liner of composite barrier of 1.5 mm thick high density polyethylene (HDPE) geo-membrane or geosynthetic liners, or equivalent, overlying 90 cm of soil (clay or amended soil) having permeability coefficient not greater than 1 x 107 cm/sec. The highest level of water table shall be at least two meter below the base of clay or amended soil barrier layer provided at the bottom of landfills.

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(iii) Provisions for management of leachates including its collection and treatment shall be made. The treated leachate shall be recycled or utilized as permitted, otherwise shall be released into the sewerage line, after meeting the standards specified in Schedule- II. In no case, leachate shall be released into open environment.

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(iv) Arrangement shall be made to prevent leachate runoff from landfill area entering any drain, stream, river, lake or pond. In case of mixing of runoff water with leachate or solid waste, the entire mixed water shall be treated by the concern authority.

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(E) Criteria for water quality monitoring. –

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(i) Before establishing any landfill site, baseline data of ground water quality in the area shall be collected and kept in record for future reference. The ground water quality within 50 meter of the periphery of landfill site shall be periodically monitored covering different seasons in a year that is, summer, monsoon and post-monsoon period to ensure that the ground water is not contaminated.

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(ii) Usage of groundwater in and around landfill sites for any purpose (including drinking and irrigation) shall be considered only after

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ensuring its quality. The following specifications for drinking water quality shall apply for monitoring purpose, namely: -

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*S. No.*	*Parameters*	*IS 10500:2012, Edition* *2.2 (2003-09) Desirable* *limit (mg/l except for pH)*
*(1)*	*(2)*	*(3)*
	Arsenic	0.01
	Cadmium	0.01
	Chromium (as C^r6+)	0.05
	Copper	0.05
	Cyanide	0.05
	Lead	0.05
	Mercury	0.001
	Nickel	-
	Nitrate as NO3	45.0
	pH	6.5-8.5
	Iron	0.3
	Total hardness (as _CaCO3) _	300.0
	Chlorides	250
	Dissolved solids	500
	Phenolic compounds (as C6H5OH)	0.001
	Zinc	5.0
	_Sulfate (as SO4) _	200

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(F) Criteria for ambient air quality monitoring. –

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(i) Landfill gas control system including gas collection system shall be installed at landfill site to minimize odour, prevent off-site migration of gases, to protect vegetation planted on the rehabilitated landfill surface. For enhancing landfill gas recovery, use of geomembranes in cover systems along with gas collection wells should be considered. (ii) The concentration of methane gas generated at landfill site shall not exceed 25 per cent of the lower explosive limit (LEL).

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(iii) The landfill gas from the collection facility at a landfill site shall be utilized for either direct thermal applications or power generation, as per viability. Otherwise, landfill gas shall be burnt (flared) and shall not be allowed to escape directly to the atmosphere or for illegal

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tapping. Passive venting shall be allowed in case if its utilisation or flaring is not possible.

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(iv) Ambient air quality at the landfill site and at the vicinity shall be regularly monitored. Ambient air quality shall meet the standards prescribed by the Central Pollution Control Board for Industrial area.

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(G) Criteria for plantation at landfill Site. - A vegetative cover shall be provided over the completed site in accordance with the following specifications, namely: -

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( a) Locally adopted non-edible perennial plants that are resistant to drought and extreme temperatures shall be planted;

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(b) The selection of plants should be of such variety that their roots do not penetrate more than 30 cms. This condition shall apply till the landfill is stabilized;

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(c) Selected plants shall have ability to thrive on low-nutrient soil with minimum nutrient addition;

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(d) Plantation to be made in sufficient density to minimise soil erosion.

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(e) Green belts shall be developed all around the boundary of the landfill in consultation with State Pollution Control Boards or Pollution Control Committees.

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(H) Criteria for post-care of landfill site . - (1) The post-closure care of landfill site shall be conducted for at least fifteen years and long term monitoring or care plan shall consist of the following, namely: -

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(a) Maintaining the integrity and effectiveness of final cover, making repairs and preventing run-on and run-off from eroding or otherwise damaging the final cover;

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(b) Monitoring leachate collection system in accordance with the requirement;

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(c) Monitoring of ground water in and around landfill; (d) Maintaining and operating the landfill gas collection system to meet the standards.

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(2) Use of closed landfill sites after fifteen years of post-closure monitoring can be considered for human settlement or otherwise only after ensuring that gaseous emission and leachate quality analysis complies with the specified standards and the soil stability is ensured.

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(I) Criteria for special provisions for hilly areas . - Cities and towns located on hills shall have location-specific methods evolved for final disposal of solid waste by the local body with the approval of

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the concerned State Pollution Control Board or the Pollution Control Committee. The local body shall set up processing facilities for utilisation of biodegradable organic waste. The non-biodegradable recyclable materials shall be stored and sent for recycling periodically. The inert and non-biodegradable waste shall be used for building roads or filling-up of appropriate areas on hills. In case of constraints in finding adequate land in hilly areas, waste not suitable for road-laying or filling up shall be disposed of in regional landfills in plain areas.

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(J) Closure and Rehabilitation of Old Dumps - Solid waste dumps which have reached their full capacity or those which will not receive additional waste after setting up of new and properly designed landfills should be closed and rehabilitated by examining the following options: (i) Reduction of waste by bio mining and waste processing followed by placement of residues in new landfills or capping as in (ii) below. (ii) Capping with solid waste cover or solid waste cover enhanced with geomembrane to enable collection and flaring / utilisation of greenhouse gases. (iii) Capping as in (ii) above with additional measures (in alluvial and other coarse grained soils) such as cut-off walls and extraction wells for pumping and treating contaminated ground water. (iv) Any other method suitable for reducing environmental impact to acceptable level.”

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Rule 11 Section (I) of the amended guidelines on the provision of buffer zone around waste processing and disposal facilities, issued by the Central Pollution Control Board in 2019, provides duties of the Secretary-in-Charge, Urban Development in the States and Union Territories-notify buffer zone for the solid waste processing and disposal facilities of more than five tonnes per day in consultation with the State Pollution Control Board.

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Considering the Joint Committee Report and the fact that till date no work order has been issued for construction of Plastic Waste Segregation Centre at the site in question and that no Plastic Segregation Unit was observed at the site in question, we dispose of the present Original Application with a direction to the State

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Respondents to ensure that if in future the Plastic Waste Segregation Centre is proposed to be established, the Plastic Waste (Management and Handling) Rules, 2011 (amended from time to time), read with Solid Waste Management Rules, 2016, shall be strictly adhered to with regard to the siting criteria as laid down in Schedule-I of the Solid Waste Management Rules, 2016.

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I.As. if any, stand disposed of accordingly.

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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

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February 04, 2025, Original Application No.123/2024/EZ (Earlier O.A. No.205/2024/PB) AK

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Khalid Ansari v. State of Jharkhand and Ors.

Case brief

What is this about?

What did the court decide?

Khalid Ansari v. State of Jharkhand and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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