Disposed

Rupa Devi v. Principal Secretary Department of Water Resources State of Jharkhand

NGT11 Feb 2025Original Application No. 135/2024

Case brief

AI extract

What is this about?

NGT Kolkata disposed of an original application regarding alleged pollution from solid waste dumping at a site near river Joriya. The Tribunal found no direct pollution based on an inspection report but directed the Municipal Corporation to shift the dumping site to a suitable location and create a new landfill complying with Schedule I of the Solid Waste Management Rules, 2016, followed by for bi

What did the court decide?

Directs the Municipal Corporation to initiate steps for shifting garbage to a suitable site following Schedule I of the Solid Waste Management Rules, 2016.

Rupa Devi vs Principal Secretary Department of Water… — Environment and Pollution | NGT (2025)

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Item No.05

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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.135/2024/EZ

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(Earlier O.A. No.226/2024/PB)

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Rupa Devi & Ors. Applicant(s)

Versus

State of Jharkhand

Respondent(s)

Date of hearing: 11.02.2025 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) : Ms. Aishwarya Rajyashree, Adv. for R-1,2&4 (in Virtual Mode), Mr. Chandra Gupta Kamal, Adv. for R-3 (in Virtual Mode), Mr. Surendra Kumar, Adv. for R-5

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ORDER

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Case called out. No one is present on behalf of the Applicant.

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Affidavit dated 11.02.2025 has been filed on behalf of the Respondent No.3, Municipal Commissioner, Dhanbad, Jharkhand; the same is taken on record.

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We put certain questions to Mr. Chandra Gupta Kamal, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.3, Municipal Commissioner, Dhanbad Municipal Corporation, Jharkhand, but he could not answer any question with regard to the applicability of Solid Waste Management Rules 2016.

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

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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 11, 2025, Original Application No.135/2024/EZ (Earlier O.A. No.226/2024/PB) SKB

Item No.05

Court No.1

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.135/2024/EZ (Earlier O.A. No.226/2024/PB)

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In the matter of: Rupa Devi & Ors. Village : Ekda, Post Office : Bansjora, Police Station : Loyabad, District : Dhanbad, Jharkhand

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…. Applicant(s)

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Versus

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1. Principal Secretary,

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Department of Water Resources Department, State of Jharkhand, Nepal House, Doranda,

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Ranchi – 834002;

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2. Principal Secretary

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Department of Urban Development, State of Jharkhand, Project Building P.O. Dhurwa, Ranchi – 834004;

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3. Chairman, Municipal Corporation

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Dhanbad, Luby Circular Road, Dhanbad – 826001;

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4. District Magistrate, Dhanbad

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Collectorate Building, Near Head Post Office, Dhanbad – 826001;

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5. Jharkhand State Pollution Control Board

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Through its Member Secretary, H.E.C., Dhurwa, Ranchi – 834004

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…. Respondent(s)

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Date of hearing: 11.02.2025

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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) : Ms. Aishwarya Rajyashree, Adv. for R-1,2&4 (in Virtual Mode), Mr. Chandra Gupta Kamal, Adv. for R-3 (in Virtual Mode), Mr. Surendra Kumar, Adv. for R-5

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ORDER

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Original Application No.226/2024/PB was registered by the New Delhi Bench of National Green Tribunal exercising Suo Motu jurisdiction on a letter petition sent by residents/villagers of village Ekda, Post Office Bansjora, Police Station Loyabad, District Dhanbad alleging dumping of solid waste and municipal waste on the banks of river Joriya by the Nagar Nigam thereby polluting the river and creating a health hazard for the people who are depending upon the use of the river water for the purpose of agriculture.

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The Tribunal constituted a fact finding Committee comprising of the following persons: -

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i) District Magistrate, Dhanbad;

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ii) Jharkhand State Pollution Control Board; and

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iii) Department of Water Resources of Jharkhand through the representative of Principal Secretary.

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Notices were issued to the Respondents and thereafter, the case was transferred to the Eastern Zone Bench of National Green Tribunal, Kolkata vide order dated 13.05.2024 and has been renumbered as Original Application No.135/2024/EZ.

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The Respondent No.3, Municipal Commissioner, Dhanbad, has filed counter-affidavit dated 11.02.2025 bringing on record an Inspection Report of an inspection carried out on 13.11.2024. The Inspection Report reads as under:-

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“Inspection Report on NGT O.A. No.135/2O24 (Rupa Devi & Others Vs. State of Jharkhand) and by the order

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Hon’ble NGT has passed an order on dated 13.052024 in O.A. No. 135/2024/EZ (Earlier O.A. No.226/2024/PB) and constituted a joint committee comprising District Magistrate, Dhanbad, Jharkhand State Pollution Control Board and

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representative of Principal Secretary, Department of Water Resources of Jharkhand.

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In the light of the above order, D.C. Dhanbad has constituted inspecting committee vide it’s letter no. 03(Mu)/Go, Dated 05/10/2024 of following members:

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1. District Forest Officer, Dhanbad.

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2. Municipal Commissioner, Dhanbad,

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3. Executive Engineer, Micro Irrigation Department, Dhanbad.

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4. Regional Officer, JSPC Board, Dhanbad.

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In the light of above, a joint inspection was carried on 13.11.2024 of the concerned site by constituted committee members 1. Sri Vikash Paliwal, DFO, Dhanbad, 2. Sri Ravi Raj Sharma, Municipal Commissioner, Dhanbad, 3. Sri R.B. Mishra, Executive Engineer, Micro Irrigation Department, Dhanbad and 4. Sri Vivek Kujur, Regional Officer, Jharkhand State Pollution Control Board, Dhanbad.

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The Dumping Site and the nearby Joriya was inspected by the constituted Committee, by the DC, Dhanbad. The distance between the dumping sites and joriya and it’s geographical conditions was assessed by the Team. The concerned waste dumping site is situated At - Ekra, POBansjora, PS- Loyabad, Dist.- Dhanbad near old abandoned quarry of BCCL.

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During inspection following facts were found w.r.t. Complaint regarding water pollution due to garbage dump:

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1. The distance between dumping site and nearby Seasonal Joria (Nallah) is about 500 Mtr. near Kali Mandir at South-East side.

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2. The Joria is a Seasonal Drain in which water mainly comes from mine water discharge of Basdeopur Colliery.

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3. Water flow in Joria near Kali Mandir was found in very less quantity and during peak summer season as informed by locals.

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4. Joria comes towards the Kali Mandir from North-West side through railway underpass.

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5. Dump site is about 300 meter from this railway underpass.

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6. No any kind of direct discharge was found from dump site towards joria during the inspection.

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7. During the inspection local residents present there did not inform about water pollution in Joria.

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8. Dump site is situated in abandoned mine area which is situated more than 500 meter away from nearby habitation and during the inspection spread of garbage from designated site was not observed.

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9. During the inspection joria was found in it’s natural state of flow and no observable signs of pollution was observed.

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10. Water samples were collected from ahead of railway underpass near shamshaan ghat for upstream and about 450 meter downstream of kali mandir site.

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11. Samples have been analyzed and as per reports parameter were found within limits which is placed under Class-D (Copy of analysis report is enclosed).

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Recommendation:-

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On the basis of facts found during inspection, any signs of pollution from dumping site into the Joria was not observed by the committee. However it may be required to shift the dumping site to any suitable place for disposal of municipal solid waste, as per Municipal Solid Waste Management Rules, 2016 and it’s further amendments.

Lab Ref. No.3095

Date 22.11.2024

Analysis report of Physico Chemical Examination of sewage/Trade Effluent

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Name & a	ddress of the nallah	Ekarajor Na	llah Basjora,
		Dhanbad
Point of C	ollection	A Sample of	U/S Ekarajora
		nallah near Sam	sanghat
Date and	Time of Collection	13/11/2024 at-	11:45 AM
Collected	by	Sri S. Das, S.T.
Sample S	ource	Nallah
*S. No.*	*Parameters*	*Limits*	*Value Obtained*
1	Temp A/W⁰C	>/40⁰C	30/26
2	pH	5.5 to 9.0	7.0
3	DO mg/lt	-	7.4
4	BOD mg/lt	30 mg/l	6.8
5	COD mg/lt	250 mg/l	200
6	T.S. mg/lt	-	712
7	T.S.S. mg/lt	100 mg/l	86
8	T.D.S. mg/lt	-	636
9	T.H.	-	160
10	Calcium	-	30.4
11	Magnesium	-	11.712
12	Chloride	-	30
13	Alkalinity	-	90
Remarks	All parameters are ob	served within pres	cribed limit.

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Lab Ref. No.3094 Date 22.11.2024 Analysis report of Physico Chemical Examination of sewage/Trade Effluent

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Name & address of the nallah	Ekarajor Nallah Basjora,
	Dhanbad
Point of Collection	A Sample of D/S Ekarajora
	nallah near kali mandir
Date and Time of Collection	13/11/2024 at-11:20 AM
Collected by	Sri S. Das, S.T.
Sample Source	Nallah

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*S. No.*	*Parameters*	*Limits*	*Value Obtained*
1	Temp A/W⁰C	>/40⁰C	30/26.5
2	pH	5.5 to 9.0	7.2
3	DO mg/lt	-	7.5
4	BOD mg/lt	30 mg/l	8.2
5	COD mg/lt	250 mg/l	236
6	T.S. mg/lt	-	868
7	T.S.S. mg/lt	100 mg/l	98
8	T.D.S. mg/lt	-	770
9	T.H.	-	168
10	Calcium	-	48
11	Magnesium	-	11.712
12	Chloride	-	32
13	Alkalinity	-	96
Remarks	All parameters are	observed within pre	scribed limit.

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A perusal of the Inspection Report would show that the waste dumping site in question is situated at Ekra, PO-Bansjora, PSLoyabad, Dist.-Dhanbad, near an old abandoned quarry of the Bharat Coking Coal Limited (‘BCCL’ for short). The finding of the Committee is that the distance between the dumping site and nearby Seasonal Joria (Nallah) is about 500m from the Kali Mandir towards the South-East side; Joria Nallah is a seasonal drain in which water comes in the form of mine water discharge of the Basdeopur Colliery. During inspection, the water flow in Joria near the Kali Mandir was found to be very low in quantity; Joria Nallah comes towards the Kali Mandir from the North-West side through Railway underpass; the Dumpsite is about 300m from the Railway underpass; no direct discharge was found from the Dumpsite towards the Joria Nallah during inspection and the local residents present at the site during inspection also did not mention about water pollution in Joria. The Report mentions that the Dumpsite is

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situated in an abandoned mine area which is situated more than 500m from the nearest habitation and during inspection spread of garbage from the designated site was not observed; the Joria Nallah was found to be in its natural state of flow and no observable signs of pollution was noticed; water samples were collected from ahead of the Railway underpass near the Shamshan Ghat for upstream and about 450m downstream of the Kali Mandir site and on analysis the water samples as per reports show that they were found within permissible parameter limits.

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The Committee has, however, recommended that the Dumping site may be shifted to any suitable place for disposal of municipal solid waste as per the Municipal Solid Waste Management Rules, 2016.

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We have heard the learned Counsel for the parties and perused the documents on record. No one has appeared on behalf of the Applicant.

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From the Inspection Report, it is noticed that there is absolutely no pollution in the Joria Nallah from the garbage dump which is situated in an old abandoned mine belonging to the BCCL, however, the old abandoned mine cannot be used as a garbage dumping site. The Municipal Corporation must make arrangements for an alternative site to be used for dumping and disposal of solid waste as per the Solid Waste Management Rules which is also the recommendation of the Inspection Committee.

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We, therefore, direct the Municipal Corporation to initiate steps for shifting the garbage dumped from the present location to a suitable site to be identified by the Corporation strictly following the siting criteria for landfills as provided in Schedule 1 of the Solid Waste Management Rules, 2016 which reads as under:-

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“ SCHEDULE I

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

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(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 10-7 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 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.

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(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

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not be allowed to escape directly to the atmosphere or for illegal 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 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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The Municipal Corporation shall also take steps for BioRemediation and Bio-Mining so that with the passage of years there is no creation of legacy waste which might compound the environmental pollution in the area.

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With the aforesaid directions, the Original Application No.135/2024/EZ is disposed of.

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

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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 February 11, 2025, Original Application No.135/2024/EZ (Earlier O.A. No.226/2024/PB) MN

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Rupa Devi v. Principal Secretary Department of Water Resources State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rupa Devi v. Principal Secretary Department of Water Resources State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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