Disposed

Sanjeev Kumar and Ors. vs

NGT28 Aug 2025Original Application No. 213/2025

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an original application concerning garbage burning at Patiala by listing it with a pending miscellaneous application. The court directed no separate orders as respondents must comply with existing tribunal orders addressing solid waste management in the district.

What did the court decide?

Original application disposed of by listing with pending M.A. No. 66/2025 in O.A. No. 434/2023; no separate orders passed.

Sanjeev Kumar and Ors. vs — Environment and Pollution | NGT (2025)

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Item No. 07

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Court No. 2

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 213/2025

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Sanjeev Kumar and Ors. Applicants

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Versus

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State of Punjab & Ors. Respondents

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Date of hearing: 28.08.2025

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicants: None for the Applicants.

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Respondents: Mr. Divyam Nandrajog, AAG and Mr. Jai Singh Rawat, Advocates for

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respondents no. 1 and 3.

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Mr. Anchit Singla, Advocate for respondent no. 2 (through VC). Mr. Siddharth Garg and Mr. Srajan Yadav, Advocates for respondent no. 4.

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ORDER

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Mr. Sanjiv Kumar and others have sent the present letter petition to

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this Tribunal, which has been treated and registered as O.A. No. 213/2025 for exercise of suo motu jurisdiction.

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The relevant part of the letter petition enumerating grievances of the

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applicants is reproduced as follows:-

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“Subject: Urgent Concern Regarding Continuous Burning of Garbage at Dump Ground in Patiala

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X X X

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I am writing to bring to your urgent attention the grave environmental and public health issue arising due to the continuous burning of garbage at the dump ground in Patiala, Punjab.

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This dump ground is situated in close proximity to several residential colonies, where hundreds of families reside. The frequent burning of waste, including plastic and other hazardous materials, is generating toxic smoke that has become a serious threat to the health and wellbeing of the residents living nearby. Several elderly citizens, children, and patients with respiratory conditions are suffering from breathing difficulties, eye irritation, and other health-related problems due to prolonged exposure 'to the smoke. The situation worsens during the early morning and late evening hours, making it difficult for families to even stay indoors without being affected.

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Despite repeated complaints and requests to local authorities, no effective action has been taken to stop this hazardous practice. The inaction poses not only an environmental risk but also a clear violation of citizens' right to live in a clean and safe environment.

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I, therefore, humbly request the Hon'ble Tribunal to take immediate cognizance of this matter and direct the concerned authorities to: 1. Immediately stop the burning of garbage at the dump ground.

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2. Initiate steps to scientifically manage and dispose of waste in compliance with environmental regulations.

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3. Ensure regular monitoring and strict enforcement to prevent recurrence.

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I am attaching today's afternoon pictures along with this letter. As a citizen of Patiala, I kindly request you to intervene in this matter, as it will greatly contribute to protecting the health and environment of thousands of residents living in the vicinity.,"

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In view of the averments in the application, this Tribunal impleaded (1) State of Punjab through Principal Secretary, Environment, Government of Punjab; (2) Punjab Pollution Control Board, through its Member Secretary; (3) District Magistrate, Patiala and (4) Commissioner, Municipal Corporation, Patiala as respondents no. 1 to 4 and ordered issuance of notices to them.

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By the above said order this Tribunal also constituted a Joint Committee comprising of officers duly authorized by the Member Secretary, Punjab Pollution Control Board and District Magistrate, Patiala and directed the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponents, verify the factual position and submit its report within two months suggesting appropriate remedial action.

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It was brought to the notice of this Tribunal that orders were passed by this Tribunal in O.A. No. 434/2023 titled Davinder Pal Singh Vs. State of Punjab & Ors. involving identical questions regarding disposal of solid waste in District Patiala and now M.A. No. 66/2025 in O.A. No. 434/2025 titled Davinder Pal Singh Vs. State of Punjab & Ors. is pending before this Tribunal.

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Accordingly, vide order dated 29.05.2025, the present original application was ordered to be listed with M.A No. 66/2025 in O.A. No. 434/2023 .

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In the present original application report dated 31.07.2025 of the Joint Committee has been filed by PPCB vide email dated 01.08.2012.

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In its report, the Joint Committee has referred to directions issued by this Tribunal for compliance with Solid Waste Management Rules, 2016 in O.A. No. 606 of 2018, O.A. No. 286 of 2022 and O.A. No. 288 of 2022 directions dated 26.05.2022 issued by CPCB and directions issued by Commission for Air Quality Management in NCR and Adjoining Area Act, 2021 for prevention and control of fire in sanitary landfill sites, dump sites and open municipal solid waste biomass burning in Delhi NCR and action taken by PPCB with respect to the complaint and its visit of the site on 08.07.2025. The observations made in the report of the Joint Committee are reproduced as under:-

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“During visit, it was observed as under:

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1. No burning of solid waste was observed by the Joint Committee.

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2. The Bio-remediation work was going on at dumpsite near Sanouri Adda adjoining to Badi Nadi. The machines namely Trommel machine, Pock Lane/ JCBs, Kee strack/warrior machine were in operation for remediation of legacy waste.

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3. It was informed by MC officers that the work of remediation of legacy waste is being undertaken by M/s Sagar Motors, Latur, Maharashtra at dumpsite. The company representative and MC officials informed that the total solid waste shall be remediated within three months' time.

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4. The Municipal Corporation has developed a green park at Site A (Reclaimed site) in an about 8 Kanal areas and few plantations around dumpsite.

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5. MC officials informed approximately 1.43 Lacs MT legacy waste has been dumped at the site as on 08.07.2025. Fresh Municipal Solid Waste @187 TPD is also being dumped at the Dump Site.

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6. As per the information provided by the Municipal Corporation, Patiala, about 260 MTD of solid waste is being bio-remediated which is significantly lower than the installed capacity of 1,000 MT/day.

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7. 2 No. Methane Detectors installed at dumpsite were found operational and it was informed by the representatives that it gives a large beep sound as and when methane is detected.

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8. 18 CCTV Cameras installed at the dumpsite were found installed at the dump site.

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9. It was informed that permanent water hydrants system installed at the dumpsite to extinguish any fire on the dumpsite had been stolen. However, fire brigade was found stationed at the dumpsite.

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10. ETP installed for treatment of leachate at dumpsite were found non-functional.

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11. Proposed CBG plant has yet to be installed at Village Dudhar, Teh & Distt. Patiala.

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12.It was informed by MC, Patiala that the following steps are being taken:

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Floating of new tenders or engaging alternate qualified agencies for collection, segregation and processing of waste

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Performance review and potential termination of the contract

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with M/s Sagar Motors, Latur, Maharashtra.

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Setting up of New Waste Processing Plant with atleast 200 TPD capacity for which land has been identified. About 2 acres land is being leased adjacent to dump site, to speed up the process of treatment of legacy waste.

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5 New MRFs with 40-50 TPD capacity are being set up to reduce the fresh waste consumption from the dump site.

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Preparation of a Detailed Project Report (DPR) for setting up a

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Waste-to Energy Plant.

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Identification of new technology partners and agencies for handling dry and wet waste streams effectively.

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13. As informed by the Municipal Corporation, Patiala, 02 fire drills were conducted during the month of July, 2025.”

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In its report, the Joint Committee made recommendations which are

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reproduced below:-

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“ 9. Recommendations:

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Following measures shall be taken by Municipal Corporation, Patiala in a time bound manner for prevention of fires at its dump site and management of solid waste:

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a) Municipal Corporation, Patiala should utilize the full capacity of the available machinery to expedite the completion of the bio-remediation work at the earliest.

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b) Municipal Corporation, Patiala shall implement On-site Emergency Plan for its dump site addressing the following issues:

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✓ To cover potential risks / emergencies due to fire, obnoxious /flammable emissions, odour, vector borne diseases rodents, bird nuisance, seasonal affects i.e. summer / winter / monsoon (rainy season) and all other potential risks at the dumpsites.

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✓ To address the worst possible case scenarios preferably using appropriate risk assessment software's covering any or all of the potential emergency issues / scenarios cited above.

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✓ To cover likely affected geographical area including population, flora & fauna in an around the dumpsites.

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✓ To contain detailed remedial measures both hardware and software based for mitigating various emergency situations, which should finally be available with respective control rooms and on-site emergency notice boards.

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c) Municipal Corporation, Patiala shall provide a permanent water hydrant (Pibe line) system, which can be used to douse of the fire at any time in the year.

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d) Municipal Corporation, Patiala shall ensure that fresh waste is not disposed at the dump site where bio remediation is being undertaken

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e) Municipal Corporation, Patiala shall increase the plantation area /green belt especially towards Patiala Nadi.

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f) Municipal Corporation, Patiala shall deposit the pending environment compensation in compliance to Hon'ble National Green Tribunal orders in O.A. No. 606 of 2022.

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g) Municipal Corporation, Patiala shall comply with directions issued by CPCB u/s 5 of Environment (Protection) Act, 1986 and directions under Section 12 of Commission for Air Quality Management in NCR and Adjoining Area Act, 2021 for prevention and control of fire in

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Sanitary Landfill Sites, Dumpsites and open Municipal Solid Waste/Biomass burning in true letter and spirit.”

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Short reply dated 30.07.2025 has been filed by respondent no. 1, Govt. of Punjab, reply dated 30.07.2025 has been filed by Deputy Commissioner, Patiala and reply dated 31.07.2025 has been filed by Environmental Engineer, PPCB. However, no reply has been filed by the Commissioner, MC, Patiala in the present original application.

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In compliance of order dated 29.05.2025 passed by this Tribunal, the present original application has been listed with M.A No. 66/2025 in O.A. No. 434/2023.

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M.A. No. 66/2025 in O.A. No. 434/2026 has been disposed of by this Tribunal vide order of even date (i.e. 28.08.2025). The relevant part of the order reads as under:-

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“1. The applicant- Davinder Pal Singh had sent a letter petition vide email dated 31.03.2023 which was registered as O.A. No. 434/2023 and was disposed of vide order 07.08.2024 with direction to Municipal Commissioner, Patiala to take steps as stated before this Tribunal to complete the entire process by 31.12.2024 and submit a compliance report by 15.01.2025 with the Registrar General of this Tribunal who was given liberty to place the matter before the Bench if any further order was required.

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2. In compliance thereof, report dated 10.01.2025 has been filed by the Commissioner, Municipal Corporation, Patiala.

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3. Considering further orders to be necessary, the matter has been listed by the Registry before the Bench for further orders.

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4. Vide order dated 26.05.2025, notices were issued to respondents no. 1 to 3 requiring them to file their compliance reports.

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5. In compliance thereof, report dated 30.07.2025 has been filed by respondent no. 1- DC Patiala; report dated 31.07.2025 has been filed by respondent no. 2- MC Patiala and report dated 29.07.2025 has been filed by respondent no. 3- PPCB.

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6. In its compliance report respondent no. 2- MC, Patiala has given details regarding the action taken by it. The respondent no. 2- MC, Patiala did not complete that process by 31.12.2024 and in its report dated 31.07.2025, respondent no. 2- MC Patiala has stated that they will start treating 100% of its solid waste in accordance with the Solid Waste Management Rules, 2016 after setting up of a new additional facility of 150-200 TPD likely to be completed in period of 4-5 months.

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7. We have observed in cases coming before this Tribunal that specific timelines are given by the concerned administrative authorities which are extended every time on one pretext or the other and the aspect of compliance with Solid Waste Management Rules, 2016 is always prolonged.

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8. We are of the view that the timelines given by MC, Patiala for due compliance with Solid Waste Management Rules, 2016 and to complete the process by 31.12.2025 need to be complied with by it in letter and spirit.

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9. In its compliance report MC, Patiala has not made any mention regarding management and disposal of sewage.

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10. MC Patiala is directed to take requisite remedial measures for management and disposal of sewage within its jurisdiction and include details regarding action taken in this regard in its compliance report.

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11. It may be mentioned here that in case of failure to take appropriate remedial measures by MC, Patiala and Government of Punjab, this Tribunal shall be constrained to direct prosecution of the Commissioner, Municipal Corporation, Patiala and other concerned officers in Municipal Corporation, Patiala and also concerned officers in the Government of Punjab under the relevant statutory provisions.

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12. Learned counsel for PPCB has submitted that EC of Rs. 55 lakhs was imposed on MC, Patiala out of which amount of Rs. 39 lakhs has been deposited with PPCB and MC, Patiala has undertaken to deposit the remaining amount of Rs. 16 lakhs with PPCB.

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13. The PPCB is directed to prepare an action plan for utilization of the amount of Rs. 39 lakhs already deposited with it in consultation with the District Environment Committee, Patiala and to take appropriate steps for realization of the remaining amount of Rs. 16 lakhs and also to submit an action plan for utilization thereof on realization thereof.

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14. The present miscellaneous application is disposed of with direction that further compliance report may be filed by

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respondents no. 1 to 3 on or before 10.01.2026 before Ld. Registrar General of this Tribunal who is given liberty to place the matter before the Bench for further orders, if considered necessary.

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15. A copy of this order may be sent to respondents no. 1, 2 and 3 by email for requisite compliance.”

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Since the present original application involves issues regarding burning of garbage at the dump ground at Patiala, Punjab identical to the issues involved in O.A. No. 434/2023, we are of the considered view that no separate orders are required to be passed on the present original application as the respondents are bound to comply with the orders already passed by this Tribunal in O.A. No. 606/2018 and O.A. No. 434/2023 and M.A. No. 66/2025 in O.A. No. 434/2023 and the present original application is disposed of accordingly.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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August 28^th , 2025 Original Application No. 213/2025 AB

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Sanjeev Kumar and Ors. vs

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar and Ors. vs

Case brief

What is this about?

What did the court decide?

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