Disposed

Prameya Foundation v. State of West Bengal

NGT5 Feb 2025Original Application No. 197/2024

Case brief

AI extract

What is this about?

National Green Tribunal Eastern Zone Bench disposed of an original application alleging illegal dumping of unsegregated municipal and plastic waste on the River Hooghly flood plains in violation of Solid Waste Management Rules, 2016, and directed immediate bio-mining remediation.

What did the court decide?

Personal cost of Rs. 10,000 imposed on Executive Officer; directions to State respondents for immediate bio-mining and bio-remediation; order to Naihati Municipality to take steps within six months.

Prameya Foundation vs State of West Bengal — NGT (2025) — LawSathi Research

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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.197/2024/EZ

Prameya Foundation

Applicant(s)

Versus

State of West Bengal & Ors. Respondent(s)

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Date of hearing: 05.02.2025

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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) : Mr. Kaustav Dhar, Advocate

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For Respondent(s) : Mr. Sudip Kumar Dutta, Advocate for R-1,4&9,

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Ms. Anamika Pandey, Adv. for R-2, (in Virtual Mode)

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Mr. Surendra Kumar, Advocate for R-5, Mr. Ayush Kumar Dadhich, Adv. for R-6, (in Virtual Mode) Mr. Ashok Prasad, Advocate for R-3&7, Mr. Ajeyo Chowdhury, Advocate for R-8,

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ORDER

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Mr. Kaustav Dhar, learned Counsel is present for the Applicant.

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Affidavit dated 13.12.2024 has been filed on behalf of the Respondent No.8, Naihati Municipality; the same is taken on record.

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Affidavit dated 11.12.2024 has been filed on behalf of the Respondent No.7, National Mission for Clean Ganga; the same is taken on record.

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Affidavit dated 24.12.2024 has been filed on behalf of the Respondent No.5, Central Pollution Control Board; the same is taken on record.

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Affidavit dated 03.01.2025 has been filed on behalf of the Respondent No.6, West Bengal Pollution Control Board; the same is taken on record.

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Affidavit dated 04.02.2025 has been filed on behalf of the Urban Development & Municipal Affairs Department, Government of West Bengal, Respondent No.4; the same is taken on record.

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We have heard the learned Counsel for the parties.

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(The final order of this case shall be uploaded in the 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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February 05, 2025, Original Application No.197/2024/EZ AK

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.197/2024/EZ

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IN THE MATTER OF :

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Prameya Foundation, Through its Authorized Signatory, Mr. Sabyasachi Chowdhury, Treasurer, 5, A.P.C. Avenue, Ground Floor, Purba Sinthee (E), Dum Dum, Kolkata – 700030,

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…Applicant(s)

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Versus

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1. State of West Bengal,

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Through the Chief Secretary, Department of Environment, 5^th Floor, Pranisampad Bhawan, Block LB-II, Salt Lake, Sector-III, Bidhannagar, Kolkata, Pin – 700106,

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2. Ministry of Environment, Forest and Climate Change, Government of India, Through the Secretary, Indira Paryavaran Bhavan, Jor Bagh Road, New Delhi – 110003,

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3. Ministry of Housing and Urban Affairs, Government of India, Through the Secretary, Nirman Bhawan, C-Wing, Rajpath Area, Central Secretariat, New Delhi, Pin – 110011,

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4. Urban Development and Municipal Affairs Department, Government of West Bengal, Nagarayan Bhavan, Block-DF-8, Sector-I, Salt Lake City, 6, 2^nd Avenue, DF Block, Sector-1, Bidhannagar, Kolkata, Pin – 700064,

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5. Central Pollution Control Board, Through the Member Secretary, Parivesh Bhawan, CBD-cum-Office Complex, East Arjun Nagar, Delhi, Pin – 110032,

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6. West Bengal Pollution Control Board,

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Through its Member Secretary, Paribesh Bhawan, 10A, Block-LA, Sector-III, Bi dhannagar, Kolkata, Pin – 700106,

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7. National Mission for Clean Ganga,

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Through its Director General,

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1^st Floor, Major Dhyan Chand National Stadium, India Gate, New Delhi, Pin – 110002,

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8. Naihati Municipality, Through the Executive Officer, 1 No. RBC Road, Near Naihati Railway Station, P.S. Naihati, North 24 Parganas, Naihati, Pin – 743165,

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9. District Magistrate, Hooghly,

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New Administrative Building (2^nd Floor), P.O.-Chinsurah, District-Hooghly, Pin – 712101,

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…Respondent(s)

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Date of hearing: 05.02.2025 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) : Mr. Kaustav Dhar, Advocate

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For Respondent(s) : Mr. Sudip Kumar Dutta, Advocate for R-1,4&9,

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Ms. Anamika Pandey, Adv. for R-2, (in Virtual Mode)

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Mr. Surendra Kumar, Advocate for R-5,

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Mr. Ayush Kumar Dadhich, Adv. for R-6, (in Virtual Mode) Mr. Ashok Prasad, Advocate for R-3&7, Mr. Ajeyo Chowdhury, Advocate for R-8,

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ORDER

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This Original Application has been filed alleging that unsegregated municipal solid waste and plastic wastes are being dumped and openly thrown on the banks and flood plains of River Hooghly in the Naihati Municipality.

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It is alleged that illegal dumping of unsegregated solid and municipal waste is taking place at the Garifa, Naihati town, District-North 24 Parganas, West Bengal within the Naihati Municipality in an unscientific manner and the untreated waste is being thrown in the open area. It is stated that the dumping area

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having geo-logistics of (22º53’55.15”N, 88º24’34.01”E) approximately admeasuring 15 acres i.e., 6.2 hectares is situated on the banks and flood plains of River Hooghly. 3. It is stated that the unsegregated and untreated waste are being dumped in gross violation of the Municipality Solid Waste Management Rules, 2016, Plastic Waste Management Rules, 2016 and Environment (Protection) Act, 1986.

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It is stated that Schedule I(A)(vii) of the Solid Waste Management Rules (SWM), 2016 provides that no dumping shall take place within a minimum distance of 100 metres from any River body and 200 metres from any residential area/s and public parks.

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It is alleged that the present dumping site is located just 100 metres from the Vidya Vikas High School and human habitation and just 50 metres away from the Naihati Golal Para Park.

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It is also alleged that the dumping site of the Naihati Municipality falls under the High Vulnerability Area (HVA) which are prone to floods. The geo-coordinates of the dumping site have been mentioned in the Original Application as given in the Flood Vulnerability Index (FVI) map.

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It is also alleged that during rains the leachate from the landfill site threatens to contaminate ground water, posing a serious ecological threat.

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Photographs which have been filed with the petition present an abominable picture of total disregard and neglect of the river bank and only show that the Solid Waste Management Rules and the Plastic Waste Management Rules, 2016 have been observed more in breach than in letter and spirit.

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The Naihati Municipality, the Respondent No.8 herein in its affidavit dated 13.12.2024 has stated that a Detailed Project Report (‘DPR’ for short) has been prepared by Sigma Foundation with regard to Solid Waste Management and the same has been duly recommended by the State Level Task Force Committee and State High Power Committee.

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It is stated that as per estimated quantity of legacy waste, tender was invited and thereafter as per DPR, estimated quantity of approximately 3 lakh MT of legacy waste has already been processed as per Rules. It is stated that thereafter fresh Municipal Waste was dumped which has now converted into legacy waste. It is stated that for processing this legacy waste, a tender was floated by the concerned authority on 21.11.2023 and thereafter Work Order was issued to M/s. M. D. Engineering & Surveys vide order dated 07.12.2023 ; a drone survey was also carried out and the legacy waste has been estimated and assessed at 71286 MT. It is stated that tender was invited on 31.01.2024 for disposal of legacy waste through Bio-mining and Bio-remediation process and reclamation of land at Naihati dump site within Naihati Municipality under the Swachch Bharat Mission/Mission Nirmal Bangla but no bids were received.

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It is also stated that M/s. Simoco was awarded Work Order and no work was started and by its letter dated 28.06.2024 M/s. Simoco has communicated to opt out from the work of design, build, finance, operate and transfer of Municipal Wet Waste processing facility based on composting and / or Bio-methanation Technology, setting up Semi-Automatic Material Recovery Facility for Dry Waste and construction of Sanitary Landfill along with operation and

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maintenance for 10 years (Renewable) under Swachch Bharat Mission for Naihati Municipality.

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It is stated that thereafter, for processing of fresh waste, tender was invited for soil testing on 16.08.2024 and thereafter work order was issued on 30.08.2024 in favour of one M/s. Amin Consulting Engineers ; soil test investigation has been completed.

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For the purpose of processing fresh waste, tender was invited on 24.09.2024 for preparation of design, drawing & estimates for processing of Municipal Solid Waste (MSW) of 101 TPD within the Naihati Municipality and Work Order was issued in favour of M/s. Amin Consulting Engineers vide order dated 24.10.2024.

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It is further stated that another Notice inviting tender dated 18.11.2024 was floated for selection of Concessionaire for “Disposal of 1.44 lakh MT of legacy waste through Bio-mining and Bioremediation process and reclamation of the land at Naihati dump site within Naihati Municipality under the Swachch Bharat Mission/Mission Nirmal Bangla”.

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A further tender notice dated 11.12.2024 is stated to have been floated for Construction of proposed 101 TPD Municipal Waste Processing Plant & other ancillary works, Construction of Boundary Wall, Security Room, Control Room, Office Room and other ancillary works and Construction of Internal Roads, Drains and other ancillary works for the proposed 101 TPD Municipal Waste Processing Plant.

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It is also stated that the Naihati Municipality has taken extensive steps with regard to Solid Waste Management ; 100% door-to-door waste collection is being carried out on regular basis and for collection of waste from all waste generators, 650 numbers of

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Nirmal Bandhus and 44 numbers of Nirmal Sathis have been assigned ; 85% of household have segregated waste ; Bins at all major points in and around the city and town have been placed where waste is accumulated and cleaned on regular basis.

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It is stated that the Naihati Municipality has never indulged in or encouraged anyone for open burning of waste but sometimes, slum-dwellers in the area indulge themselves in burning the trash and the officials of the Naihati Municipality have been keeping vigilance over the area so that no one indulges in burning the waste in any manner.

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Photographs have been filed with the affidavit to show collection of daily Municipal Waste.

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National Mission for Clean Ganga (‘NMCG’ for short) has also filed its affidavit dated 11.12.2024 and it is stated that the Naihati town has 31 Wards and per day generation of fresh waste is 107 TPD out of which 20 TPD waste is processed and therefore there is a gap of 87 TPD.

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It is also stated that out of Rs.3500 crores (Rs.350000 lakh) which was directed by the National Green Tribunal, New Delhi in Original Application No.606/2018/PB Re – Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues , a sum of Rs.13,710.46 lakh has been released out of ring-fenced account for the purposes mandated by the order of the National Green Tribunal and at present the balance is Rs.3362.8954 crores (Rs.3,36,289.54 lakh).

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So far as the various works initiated by the Naihati Municipality through various tenders issued by it are concerned, we find that all these actions have been initiated only after the filing of the present

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Original Application. What we note from the Original Application however is that the Municipal Waste has been allowed to be dumped on the flood plains and bank of the river Hooghly as would be clear from the photographs which have been filed along with the Original Application. The Solid Waste Management Rules notified by the Ministry of Environment, Forests and Climate Change (MoEF&CC) vide Notification dated 08.04.2016 provides for the siting criteria of Landfills. Schedule-I thereto lays down the Siting Criteria for site selection of Sanitary Landfills, development of facilities at Sanitary Landfills which reads as under :-

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“SCHEDULE I

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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 Urban Development, 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 eco-fragile 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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Schedule-I under the head “Criteria for Site Selection” mandates that the landfill site shall be 100 meter away from river, 200 meter from pond, 200 meter from Highways, Habitations, Public Parks and water supply wells and 20 km from Airports or Airbase. However, in a special case, landfill site may be set up within a distance of 10 to 20 km away from the Airport/Airbase after obtaining no objection certificate from Civil Aviation Authority/Air Force as the case may be. The Siting Criteria (A)(vii) categorically

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mandates that 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 eco-fragile areas.

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The question is how was the landfill site and legacy waste dumped, at the site in question, allowed to be set up on the banks of the river Hooghly within the flood plains of the said river in gross violation of the Siting Criteria for site selection as provided in Schedule-I of the Solid Waste Management Rules 2016. This shows absolute disregard for the Solid Waste Management Rules, 2016 by the Naihati Municipality and its Executive Officer who has allowed the solid waste dump to come up within the flood plains of the river Hooghly as would be clear from the photographs and satellite images filed with the Original Application.

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The Naihati Municipality in its affidavit has nowhere denied that the solid waste dumping site is not situated within the flood plains of river Hooghly. Question is why did the Executive Officer, Naihati Municipality completely disregard the possibility of leachate not only seeping into the ground water but also flowing into the river Hooghly thereby poisoning the land and the river with its pollutants? Dump site photographs filed with the Original Application also show massive burning at the dumping site for which the Executive Officer, Naihati Municipality has sought to thrust the blame upon slum dwellers. Question is why was there no check by the Municipality to keep an eye on the activities of the slum dwellers to prevent such fire at the dumping site ?

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We, therefore find the Executive Officer, Naihati Municipality to be responsible for gross dereliction of his duty with regard to the

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observance of the Siting Criteria for selection of landfill sites under the Solid Waste Management Rules, 2016. We, therefore dispose of this Original Application with directions to the State Respondents to ensure that bio-mining and bio-remediation activities are carried out and put in place forthwith for treatment of the legacy waste. We also direct the Naihati Municipality to take all steps forthwith within a time span of six months. We also impose a personal cost of Rs.10,000/- (Rupees ten thousand only) on the Executive Officer, Naihati Municipality for turning a complete blind eye to the mandatory provisions of site selection criteria under Schedule-I of the Solid Waste Management Rules 2016. The personal cost of Rs.10,000/- shall be deposited by the Executive Officer, Naihati Municipality with the Registrar, National Green Tribunal, Eastern Zone Bench, Kolkata within one month hereof.

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The Original Application is disposed of.

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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 05, 2025, Original Application No.197/2024/EZ SKB

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Prameya Foundation v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Prameya Foundation v. State of West Bengal

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

Case details

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