Disposed

Deba Prasad Sahoo v. Executive Officer Talcher Municipality

NGT7 Apr 2026Original Application No. 52/2026

Case brief

AI extract

What is this about?

NGT East Zone Bench, Kolkata declined to dismiss a PIL concerning solid waste violations at Talcher Municipality, relying on public interest principles. The Tribunal constituted a Joint Committee of government officials to investigate grievances and submit a report within three months.

What did the court decide?

Constitution of a Joint Committee of government officials to investigate violations and submit a report within three months.

Deba Prasad Sahoo vs Executive Officer Talcher Municipality — Environment and Pollution | NGT (2026)

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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 (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.52/2026/EZ

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Deba Prasad Sahoo Applicant

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Versus

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Executive Officer, Talcher Municipality & others Respondents

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Date of hearing: 07.04.2026

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE MR. ISHWAR SINGH, EXPERT MEMBER

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Applicant: None for the applicant.

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ORDER

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The applicant has filed the present Original Application under

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Section 18(1) read with Sections 14, 15 and 17 of the National Green

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Tribunal Act, 2010 seeking the following relief:

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“1. Issue appropriate directions to the Talcher Municipality to strictly enforce the provisions of the Solid Waste Management Rules, 2016, particularly Rule 4 and Rule 15, within its jurisdiction and to immediately stop indiscriminate dumping of solid waste along the stretch from Talcher Town to Handidhuan Chhak on Talcher– Angul Road.

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2. Direct the Talcher Municipality to ensure compulsory segregation of waste at source by all commercial establishments, vendors and households, and to take penal action against violators in accordance with law.

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3. Direct the Talcher Municipality to install adequate number of dustbins at prominent places and ensure that all shops and commercial establishments maintain separate bins for biodegradable, nonbiodegradable and hazardous waste in compliance with statutory provisions.

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4. Issue directions prohibiting open burning of waste, particularly plastic and other hazardous materials, and to initiate prosecution and levy environmental compensation against persons found violating such prohibition.

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5. Direct the Talcher Municipality to implement an effective door-todoor collection mechanism for segregated waste and to ensure that no garbage remains accumulated on public roads overnight.

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6. Direct the Talcher Municipality to undertake regular cleaning, washing and disinfection of affected areas, including application

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of bleaching powder or other sanitizing agents, so as to prevent breeding of mosquitoes and spread of diseases.

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7. Direct strict enforcement of the Plastic Waste Management Rules within the market area and to take action against use of banned single-use plastics and polythene carry bags.

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8. Direct the Talcher Municipality to undertake effective public awareness and sensitization programmes in strict compliance with Rule 15(zg) of the Solid Waste Management Rules, so as to educate residents, shopkeepers, and other stakeholders about proper waste segregation, collection, and disposal practices.

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9. Pass any other order or direction which this Hon’ble Tribunal may deem fit and proper in the interest of justice, environmental protection and public health.”

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The applicant has filed the present Original Application in public interest seeking urgent intervention against continuous violations of the Solid Waste Management Rules, 2016 within the jurisdiction of Talcher Municipality, District Angul, Odisha.

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The applicant has submitted that in the main market stretch from Talcher Town to Handidhuan Chhak (approximately 5 km), numerous commercial establishments routinely dump mixed solid waste on public roads after business hours. No segregation at source is practiced. Biodegradable, non-biodegradable and plastic wastes are indiscriminately disposed, and instances of open burning of waste, including plastic materials, are frequent. There is a complete absence of adequate public dustbins and proper enforcement by the Municipality. Waste remains accumulated overnight, causing foul smell, public nuisance, and vector breeding and serious environmental and health hazards. Even after collection, no proper cleaning or disinfection is undertaken. Stray animals are seen ingesting plastic contaminated waste, posing grave risks to animal life. The conduct of waste generators violates Rule 4(1)b, 4(2) and 4(5) of the Solid Waste Management Rules, 2016, while the failure of Talcher Municipality to ensure segregation, prevent littering and open burning, and establish a proper collection and processing system constitutes violation of Rules 15(b), 15(g) and 15(k) of the said Rules. The

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continuing dumping and mismanagement of waste has resulted in environmental degradation, threat to public health, and infringement of the fundamental right to a clean and healthy environment under Article 21 of the Constitution of India.

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The applicant did not appear on the last date of hearing and even today the applicant, while expressing his inability to appear before the Bench due to medical condition, has made prayer for dismissal of the Original Application as withdrawn.

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We have gone through the averments made in the Original Application and also the photographs enclosed with the same which show serious violations of the Solid Waste Management Rules, 2016. 6. The applicant filed the present application for issuance of directions for proper solid waste management in compliance with Solid Waste Management Rules, 2016 by the respondents in public interest and the applicant cannot be permitted to withdraw the application. Reference in this regard may be made to observations made by Hon’ble Supreme Court in Sheela Barse vs. Union of India and Others, (1998) 4 SCC, 226 and also observations made by this Tribunal in order dated 05.12.2023 passed in O.A. No. 911/2022, NGT Bar Association (substituted for original applicants Prof. Dr. Sanjeev Bagai & Ors.) vs. Department of Environment GNCTD and others. Accordingly, request for dismissal of the application as withdrawn is declined due to the same having been filed in public interest for remediation of the environmental damage caused due to requisite compliance with the Solid Waste Management Rules, 2016.

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In view of the averments made in the Original Application and also documents enclosed with the same, we dispose of the present Original Application by constituting a Joint Committee comprising representatives

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of Principal Secretary, Department of Housing and Urban Development, Government of Odisha, Member Secretary, Odisha State Pollution Control Board, District Magistrate and Collector, Angul and Executive officer, Talcher Municipality and direct the same to look into the grievances raised in the Original Application and take appropriate remedial action for due compliance of the Solid Waste Management Rules, 2016 by following due course of law and to submit its report within three months before learned Registrar of this Tribunal at Kolkata who shall be at liberty to place the matter before the Bench for further orders in case of nonreceipt of the report or further orders being considered to be necessary on due perusal of the report submitted.

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A copy of this order may be sent to the Principal Secretary, Department of Housing and Urban Development, Government of Odisha, the Member Secretary, Odisha State Pollution Control Board, the District Magistrate and Collector, Angul and the Executive officer, Talcher Municipality by email for requisite compliance.

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Arun Kumar Tyagi, JM

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Ishwar Singh, EM

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April 07^th , 2026 Original Application No.52/2026/EZ SN

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Deba Prasad Sahoo v. Executive Officer Talcher Municipality

Case brief

What is this about?

What did the court decide?

Deba Prasad Sahoo v. Executive Officer Talcher Municipality

Case brief

What is this about?

What did the court decide?

What the court decided

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