National Green Tribunal
Ashok Kumar vs State Of U.P. & Ors on 20 August, 2024
Item No.03 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Through Physical Hearing with Hybrid VC Option)
Original Application No.480/2023
IN THE MATTER OF;
Ashok Kumar ...Applicant
Versus
State of U.P. & Ors ...Respondents
For the Applicant:
None for the applicant.
For the Respondents:
Ms. Priyanka Swami, Advocate for Nagar Panchayat, Parikshitgarh.
Mr. Daleep Dhyani, Advocate for UPPCB.
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER Judgment Reserved on:- 14.03.2024 Judgment pronounced on :- 20.08.2024 Application is registered based on a Letter Petition received by Post.
Judgment PRONOUNCED BY: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JM O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -2-
1. Shri Ashok Kumar s/o Late Shri Omkar Singh resident of Raja Darwaja, Parikshitgarh, Tehsil Mawana, District Meerut has sent to this Tribunal by post the present letter petition which has been treated and registered as original application (OA No.480/2023).
2. The applicant has complained about dumping of garbage on all sides of Kanha Gaushala and also mismanagement of Kanha Gaushala and sought intervention by this tribunal for ensuring compliance with Solid Waste Management Rules 2016. The relevant part of the letter petition enumerating grievances of the applicant reads as under:
"िवषयः - माननीय मु मं ी ी योगी आिद नाथ महोदय जी उ र दे श सरकार ारा करोड़ो ो गायो के रख-रखाव के िलये बनायी गयी का ा गऊशाला के दो तरफ नगर पंचायत परीि तगढ़ ारा लगाये गये कूड़े के ढे र और गऊशाला के अ र गोबर म लग रही आग कहीं पर आग व कहीं पर कूड़े से उठती यी बदबू के कारण गौ-माताओ की हो रही मौते िजसके पास म ही सी०एच०सी० ॉक भी है िजससे आने -जाने वाले मरीजो को भी बदबू से आने वाली दू िषत बदबू को सहन करना पड़ने की जां च कराने के स म।
X X X िनवेदन यह है िक ाथ िनवासी मौ० राजा दरवाजा क ा व थाना परीि तगढ़ िजला मेरठ का रहने वाला है जो काफी अमन चैन, कानूनि य, शा व था कायम रखने म िव ास रखता है , लेिकन नगर पंचायत परीि तगढ़ के अिधशासी अिधकारी ी रोिहत यादव की हठधिमता के कारण उ र दे श सरकार ारा गायो के रख-रखाव के िलये जो करोड़ो पयो की लागत से क ा परीि तगढ़ िजला मेरठ म का ा गौशाला का िनमाण कराया गया था उस का ा गौशाला के कई तरफ से नगर पंचायत अिधशासी अिधकारी ी रोिहत यादव ारा लगवाये गये कुड़ो के ढे र लगे ए है और गऊशाला के अ र गोबर म लग रही आग कहीं पर आग व कहीं पर कुडे से उठती यी बदबू के कारण गौ-माताओ की हो रही मौते िजसके पास म ही सी०एच०सी० ॉक भी है िजससे आने -जाने वाले मरीजो को भी बदबू से आने वाली दू िषत बदबू को सहन करना पड़ता है , अिधशासी अिधकारी ी रोिहत यादव की वजह से िजसम लगभग 10 गायो की मौत भी हो गयी है गायो को हरे चारे की व था भी नही हो रही है जो िक सरकार ारा गऊशाला िक पैसा का अनुदान तो आ रहा है पर ु वह िकसकी जेब म जा रहा है जो िक दो माह पू व ग े के सूखे गोले पड़े है और गायो को ग े के सूखे गोले खाने को मजबूर िकया जा रहा है िजसका अिधशासी अिधकारी ी रोिहत कुमार यादव नगर पंचायत परीि तगढ़ का ान कहाँ जो उ र दे श सरकार के मु मं ी ी योगी आिद नाथ जी के शासन काल को बदनाम करने की कोिशश कर रहे है िजनके िपता अमीनगर सराय िजला बागपत से समाजवादी पाट से दो बार चैयरमेन भी रह चुके है िजसकी वजह से ी रोिहत कुमार यादव हठधिमता िदखा रहे है ।
अतः ीमान जी से िवन िनवेदन है िक का ा गऊशाला परीि तगढ़ की जां च कराकर अिधशासी अिधकारी ी रोिहत यादव के िव कानू नी कायावाही करने की कृपा करे ।"
O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -3-
3. Vide order dated 04.08.2023 this Tribunal constituted a Joint Committee comprising of Uttar Pradesh State Pollution Control Board (UPPCB);
Department of Veterinary and Animal Husbandry, Meerut; and the District Magistrate (DM), Meerut with direction to verify factual position and submit factual and action taken report within two months. By the said order this Tribunal also directed issuance of notice to the EO, Nagar Panchayat, Parikshitgarh requiring him to file his action taken report/response within one month.
4. In compliance of order dated 04.08.2023, Action Taken Report has been filed by UPPCB vide email dated 06.09.2023 and Action Taken Report has also been filed by the Executive Officer, Nagar Panchayat Parikshitgarh, Meerut vide email dated 09.09.2023.
5. The relevant part of report submitted by UPPCB vide email dated 06.09.2023 reads as under:
"Action Taken Report in compliance of Order dated- 04.08.2023 passed by Hon'ble NGT in O.A. No.480/2023, Ashok Kumar Versus State of Uttar Pradesh X X X X Inspection of site and action taken report-
Inspection of the site was conducted on 28.08.2023 by the committee of Sub- Divisonal Magistrate, Mawana,Veterinary Officer, Parikshitgarh. Assistant Environment Engineer, UPPCB, Meerut in present of Executive Officer, Nagar Panchayat, Parikshitgarh, Meerut and shri Ashok Kumar, Applicant.
Alleged site is the land of Nagar Panchayat, Parikshitgarh, Meerut, in which 8.574 Hectare Land is in the form of ponds. On the 0.278 Hectare land Kanha Goshala, Parikshitgarh is established with boundary wall. On the 0.164 Hectare land garbage being dumped by Nagar Panchayat. Nagar Panchayat, Parikshitgarh has no identified dump site for garbage dumping. It is informed by the Executive Officer that earlier garbage was dumped on a different site which has been stopped after the protest of Ramleela Committee, Parikshitgarh. Estimated population of the Nagar Panchayat is approx.24000.
O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -4- Kanha Gaushala, Parikshitgarh, Meerut Kanha Gaushala is established by Nagar Panchayat, Parikshitgarh in 2020.Gauhala is well equipped and is in operation by the organised way. Total area of the Gaushala is 0.278 Hectare is under the boundary wall. Covered area of Cattle shade is approx. 800 Sq.Mtr. Straw store, grass cutting machine, electricity, Solar Panel and 02 no. of Tubewells (02 & 15 Hp) are installed. Biogas Plant of 45 Cubic Mtr. capacity is installed. 05 KVA Gas Genset installed. 150 unproductive cattle are kept in this gaushala. Total 06 (04 for the day and 02 for the night) care takers have been deployed. Gaushala is being supervised by Veterinary Officer, Parikshitgarh. Veterinary Officer informed that since starting only 01 Cow was died due to Bloat (Afara) in May, 2021. All the cattle kept in Kanha Gaushala are fully Tagged and record maintained accordingly.
At the time of inspection approx.200 MT garbage found dumped on the back and front side of Gaushala.
Solid Waste Management status of Nagar Panchayat, Parikshitgarh Population of the Nagar Pachayat is approx.24000. Solid Waste Generation from the town is approx. 2.5 MT/Day. There is no identified/developed land fill site available for the garbage dumping. Earlier garbage was dumped on the different site which has been stopped after the protest of Ramleela Committee, Parikshitgarh. Presently Solid Watse is being dumped at area available outside the Kanha Gaushala. Approx.200 MT Garbage found dumped on the back and front side of Gaushala.
A new material recovery facility (MRF) of capacity 05 MT/ Day has been installed by Nagar Panchayat. Facility consists of Conveyer belt, Fatka Machine, Shredder, Bell press Machine, Weighing Machine etc. During inspection Executive Officer informed that they are in process to dispose Legacy Waste through NGO Muskan Jyoti Samiti, Just after joining as Executive Officer, Nagar Panchayat on 10.07.223 after the earlier Executive Officer got tranfered.
Copy of photographs taken during inspection is attached.
Findings of the Visit and Action Taken:
It is found that solid waste is being dumped around Kanha Gaushala by inappropriate manner. Direction may be issued to Nagar Panchayat, Parikshitgarh for disposal of dumped solid waste by appropriate manner and commissioning of the newly installed Material Recovery Facility (MRF) as early as possible."
6. The relevant part of the report submitted by Executive Officer, Nagar Panchayat Parikshitgarh, Meerut vide email dated 09.09.2023 reads as under:
O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -5- "REPORT IN COMPLIANCE TO HON'BLE NGT ORDER DATED 04.08.2023 IN THE ORIGINAL APPLICATION NO. 480 OF 2023 IN THE MATTER ASHOK KUMAR VS STATE OF U.P. Parikshitgarh is a Nagar Panchayat city in district of Meerut, Uttar Pradesh. The Parikshitgarh town is divided into 13 wards for which elections are held every 5 years. The Parikshitgarh Nagar Panchayat has population of 19,830 of which 10,385 are males while 9,445 are females as per report released by Census India 2011. Current estimated population of Parikshitgarh Nagar Panchayat in 2023 is approximately 27,100. Nagar Panchayat Parikshigarh has 4780 Households. Action taken by ULB are as follows:
1. Done survey of Nagar Panchayat.
2. Awareness programme Started on waste management.
3. Training of safaimitra on waste management is started.
4. Awareness creation about solid and liquid waste through pamphlet distribution to every households, personal interaction and group discussion etc.
5. Dustbin distributed to few households (green and blue) in ward.
6. Source segregation is not done by Household, team interact with household and aware them about it.
7. Now some household started giving segregated waste to waste collectors.
8. Shifting of previous dump waste away from kanha gaushala and water body .
9. Identification of Bulk waste Generators (BWG) in Nagar Panchayat.
10. Setup the system for collection, transportation and segregation of garbage from all wards and all households of Nagar Panchayat is under process with help of Muskan Jyoti samiti.
11. Established Door to door collection & Source segregation system with the help of collection rickshaw, garbage bag and small tipper is under process with help of few experts of Muskan Jyoti samiti in the field.
12. Composting of biodegradable waste (liquid waste) and segregation of non-biodegradable waste (Solid waste) between recyclable and non recyclable / inert waste in under process.
13. Land for Solid Waste Management Processing centre is under finalization.
14. Six months required for proper waste management.
O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -6-
15. Now Nagar Panchayat started segregation at processing A new material recovery facility (MRF) of capacity 05 MT/Day has been installed by Nagar Panchayat. Facility consists of Conveyer belt, Fatka Machine, Shredder, Bell press Machine, Weighing Machine etc. Now Nagar Panchayat started segregation at processing site
16. The ward member and local public started opposing to start and run MRF centre at current location.
17. RDF Material sending to Meerut for Waste to energy plant.
18. Legacy waste start segregating manually and plastic sending to waste to energy plant at Meerut."
7. This Tribunal noticed that the Action Taken Report filed by the Executive Officer, Nagar Panchayat Parikshitgarh, Meerut lacked requisite details and was also not supported by copies of relevant documents. Vide order dated 11.09.2023, this Tribunal directed the Executive Officer, Nagar Panchayat Parikshitgarh, Meerut to file additional reply/response giving the requisite details regarding remedial measures taken/to be taken with specific timelines and budgetary provisions regarding compliance with the Solid Waste Management Rules, 2016 and directions given by this Tribunal in O.A No. 606/2018 titled as In re: Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues along with copies of all relevant documents within two months.
8. In compliance thereof reply has been filed by Executive Officer, Nagar Panchayat, Parikshitgarh vide email dated 21.11.2023. The relevant part of the report reads as under:
"REPORT IN COMPLIANCE OF ORDER DATED 11.09.2023 X X X 3 That the concerned officer having the additional charge of Nagar Panchayat had joined office on 10th of July 2023, thereafter the first order was passed by this hon'ble tribunal on 04.08.2023. 4 That the Court has asked for a detailed survey of Nagar Panchayat, wherein total waste generated, by the Nagar Panchayat Parikshitgarh, O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -7- Meerut having the total population of 19,830 as per the Census 2011 with 13 wards. The door to door survey of 10 wards have been completed. The survey of rest three wards is under process. Copy of survey report of the ten wards is annexed as Annexure 1.
5 That it is pertinent to mention here that total waste generated from the said population of the Nagar Panchayat Parikshitgarh is 6.38 metric ton/ per day.
6 That it is respectfully submitted Nagar Panchayat Parikshitgarh has hired private agency, M/S Muskan Jyoti Samiti for scientific disposal of Municipal Solid Waste and settled a contract with regard to the entire Nagar Panchayat Parikshitgarh as per the rules of 2016. A true copy of the work order is annexed here as Annexure 2. 7 That it is respectfully submitted that Nagar Panchayat Parikshitgarh, has hired M/S Muskan Jyoti Samiti for segregation at source with door-to-door collection services. A copy of the photographs is annexed here as Annexure 3.
8 That the same agency is also doing awareness programs with the local households by educating them on the difference of wet waste and dry waste, the two-dustbin concept and the segregation at source and its long-term benefit to avoid legacy waste. A copy of the photographs is annexed here as Annexure 4.
9 That it is respectfully submitted that with Nagar Panchayat Parikshitgarh, Meerut is ensuring that the concerned agency is segregating the wet waste, Thereafter the said waste is taken to the composting plant wherein, the wet waste is treated with cultural spray, so that organic fertilizer is prepared, which is further used for horticulture. A copy of the log report showing waste generation and their segregation along with photographs is annexed here as Annexure 5.
10 That it is respectfully submitted that the manpower involved in the waste generation, collection and processing involves 01 project coordinator, 02 supervisor, 12 support staff. The no. of tipper vehicles for segregating and transporting segregated waste is 02 and 05 tricycles are used currently for transporting segregated waste that is collected by door to door collection staff.
11 That it is pertinent to mention here that the Nagar Panchayat Parikshitgarh has installed a New Material Recovery Facility (MRF) of capacity 05 MT/day at ward no. 02 Raja Darwaja. This facility consists of Conveyor Belt, Fatka Machine, Shredder, Bell Press Machine, Weighing Machine etc. A copy of photographs of MRF machine is annexed as Annexure 6.
12 That the MRF is still not operational because of the ward members and local public. The public have started agitation and are aggressive towards the MRF centre. They are not allowing to start the functioning of MRF centre due to which segregation and processing of solid waste is behind schedule. A true copy of the photographs is annexed here as Annexure 7.
13 That it is respectfully submitted that when the undersigned joined, he came to know that 1500 metric ton approx. of solid waste is disposed around the Kanha Gaushala . The removal of above- mentioned legacy waste is under process. Photos of the process are annexed as Annexure 8.
14 That the Nagar Panchayat Parikshitgarh went into contract with private agency to dispose off legacy waste (RDF), 181.26 metric ton of which has already been disposed off scientifically. The RDF is collected, segregated and sent to Waste energy plant, Meerut by the concerned agency. Waste collected from door to door of weight 2.45 metric tonnes has also been processed by the RDF centre, after O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -8- getting segregated and processed by the trommel machine, which has been received from other ULB under agreement. A copy is annexed here as Annexure 9.
15 That it is respectfully submitted that the six months time is required for the proper disposal and management of the legacy waste, as the land for solid waste management processing centre is under finalization.
Table of Schedule for completion of processes involved S. Process Completion no. date 1 Removal of dung from gaushala Completed 2 Turning waste into Compost Started 3 Hiring of agency for door-to-door Completed waste collection and segregation 4 Getting Trommel machine from other Completed ULB under agreement 5 Buying of land for Scientifical Land 31-01-2024 fill site 6 Removal of legacy waste around 31-01-2024 Gaushala 7 Construction of boundary wall 31-03-2024 around landfill site 8 Implementing door to door waste 31-08-2024 collection and segregation in all 13 wards "
9. Vide order dated 22.11.2023 the Executive Officer, Nagar Panchayat Parikshitgarh was directed to file further action taken report within two months.
10. In compliance thereof report has been filed by the Executive Officer, Nagar Panchayat, Parikshitgarh vide emails dated 21.01.2024 and 12.03.2024.
11. The relevant part of the report filed vide email dated 21.01.2024 reads as under:
O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -9- "REPORT IN COMPLIANCE OF ORDER DATED 11.09.2023 X X X
3. That it is pertinent to mention here that total waste generated from the said population of the Nagar Panchayat Parikshitgarh is 6.38 metric ton/ per day.
4. That it is respectfully submitted Nagar Panchayat Parikshitgarh has hired private agency, M/S Muskan Jyoti Samiti for scientific disposal of Municipal Solid Waste and settled a contract with regard to the entire Nagar Panchayat Parikshitgarh as per the rules of 2016. A true copy of the work order is annexed here as Annexure 1.
5. That it is respectfully submitted that Nagar Panchayat Parikshitgarh, has hired M/S Muskan Jyoti Samiti for segregation at source with door-to-door collection services. Door to Door collection is now covered all 13 wards of Nagar Panchayat. A true copy of the photographs is annexed here as Annexure 2.
6. That the same agency is also doing awareness programs with the local households and school students by educating them on the difference of wet waste and dry waste, the two-dustbin concept and the segregation at source and its long-term benefit to avoid legacy waste. A true copy of the photographs is annexed here as Annexure 3.
7. That it is respectfully submitted that with Nagar Panchayat Parikshitgarh is ensuring that the concerned agency is segregating the wet waste, Thereafter the said waste is taken to the composting plant wherein, the wet waste is treated with cultural spray, so that organic fertilizer is prepared, which is further used for horticulture. In last three months (Oct -Nov -Dec 2023). Approx. 1250 Kg compost prepared by compost bed method and drum composting. A true copy of the photographs is annexed here as Annexure 4.
8. That it is pertinent to mention here that the Nagar Panchayat Parikshitgarh has installed a New Material Recovery Facility (MRF) of capacity 05 MT/day. This facility consists of conveyor belt, fatka machine, shredder, bell press machine, weighing machine etc. Belling press machine is used at garbage site near kanha gaushala.
9. That the MRF is still not operational because of the ward members and local public. The public have started agitation and are aggressive towards the MRF centre. They are not allowing to start the functioning of MRF centre due to which segregation and processing of solid waste is behind schedule.
10. That it is respectfully submitted that when the undersigned joined, he came to know that approx. 1,500 metric ton of solid waste is disposed around the Kanha Gaushala. The removal of above-mentioned legacy waste is under process. Three boundary wall of kanha gaushala is cleared and on part is remaining and under process. Photos of the process are annexed as Annexure 6.
11. That the Nagar Panchayat Parikshitgarh went into contract with private agency to dispose off legacy waste (RDF). 184.26 metric ton of which has already been disposed off scientifically. The RDF is collected, segregated and sent to Waste energy plant, Meerut by the concerned agency. A copy is annexed here as Annexure 7.
12. That it is respectfully submitted that the six months time is required for the proper disposal and management of the legacy waste, as the land for solid waste management processing center is purchased.
Table of Schedule for completion of processes involved S.No. Process Completion O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -10- date
1. Removal of dung from gaushala Completed
2. Turning waste into Compost Started
3. Hiring of agency for door-to-door Completed waste collection and segregation
4. Getting Trommel machine from Completed other ULB under agreement
5. Buying of land for Scientifical Land Completed fill site
6. Removal of legacy waste around 28-02-2024 Gaushala
7. Construction of boundary wall 15-03-2024 8 Implementing door to door waste 31-08-2024 collection and segregation in all 13 wards
9. RDF Completed "
12. The relevant part of the report filed vide email dated 12.03.2024 reads as under:
"REPORT IN COMPLIANCE OF ORDER DATED 11.09.2023 X X X
3. That the concerned officer having the additional charge of Nagar Panchayat had joined office on 10th of July 2023, thereafter the first order was passed by this hon'ble tribunal on 04.08.2023 has made all the sincere efforts to comply with the directions passed by this Hon'ble tribunal.
4. That the Court has asked for a detailed survey of Nagar Panchayat, wherein total waste generated, by the Nagar Panchayat Parikshitgarh, Meerut has a total population of 19,830 as per the Census 2011 with 13 wards. The door-to-door collection and segregation at source has been archived in all the 13 wards of by EO, Nagar Panchayat, Parikshitgarh and EO, Nagar Panchayat, of 13 wards has been completed 100%. The copy of the door to door of the 13 wards is annexed as Annexure - 1.
5 That it is pertinent to mention here that the total waste generated by the said population of the Nagar Panchayat Parikshitgarh is 6.38 metric tons/ per day.
6. That it is respectfully submitted Nagar Panchayat Parikshitgarh has hired a private agency, M/S Muskan Jyoti Samiti for the scientific disposal of Municipal Solid Waste and had settled a contract for 4 months with regard to the entire Nagar Panchayat Parikshitgarh as per the rules of 2016. That has been extended for O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -11- next 3 months. A true copy of the fresh work order is annexed here as Annexure 2.
7. That it is respectfully submitted that Nagar Panchayat Parikshitgarh, has hired M/S Muskan Jyoti Samiti for segregation at source with door-to-door collection services, with an extended contract of another 3 months to complete the work. A true copy of the photographs is annexed here as An ne x ure 3 .
8. That the aforementioned agency is concurrently engaging in community outreach initiatives aimed at raising awareness among local households regarding the distinction between wet waste and dry waste, emphasizing the adoption of the two-bin segregation system. To facilitate this, an additional 2000 dustbins have been procured for distribution. The focus of these efforts is to educate residents on the significance of segregating waste at its source, highlighting the enduring advantages in mitigating legacy waste concerns. The ultimate objective is to attain door-to-door waste collection and source-based segregation by the targeted date of August 31, 2024. A true copy of the photographs is annexed here as Annexure 4.
9. That it is respectfully submitted that it is urged that Nagar Panchayat Parikshitgarh oversees the diligent segregation of wet waste by the relevant agency. Subsequently, the segregated wet waste should be directed to the composting plant, where it undergoes treatment with a cultural spray. This process is designed to produce organic fertilizer, which is subsequently utilized in horticultural activities. The said fertilizer are given to the local farmers for sampling purposes and to build up faith,thereafter it will be a regular source of revenue for the EO, Nagar Panchayat, Parikshitgarh. A true copy of the composting units showing waste generation and their segregation along with photographs is annexed here as Annexure 5.
10.That it is pertinent to mention here that the Nagar Panchayat Parikshitgarh has installed a New Material Recovery Facility (MRF) of capacity 05 MT/day. This facility consists of a conveyor belt, Fatka machine, shredder, bell press machine, weighing machine, etc. A true copy of photographs of MRF machine is annexed as Annexure 6.
11.That It is hereby submitted that the Material Recovery Facility (MRF) is currently operational, resulting in a notable decrease in public agitation and increased community cooperation towards the MRF Centre. The initiation of operations has facilitated the transportation of solid waste with the explicit consent and support Of the local residents.
This collaborative effort is a positive step towards the effective management of solid waste in the community, Annexure 7.
12.That it is respectfully submitted that when the undersigned joined, he came to know that 1500 metric tons approx. of solid waste is disposed of around the Kanha Gaushala. The removal of the above-mentioned legacy waste was completed on 2nd March 2024 after the completion and remediation of waste was done. A true copy of the legacy work is annexed as Annexure 8.
13.That It is respectfully submitted that the legacy waste originating from Kanha Gaushala has been successfully cleared, and the dump associated with the mentioned site has been entirely removed. Notably, all plastic waste derived from this location is being diligently directed towards recycling processes. This strategic approach is aimed at capitalizing on the recyclable nature of the material, which is subsequently sold for further O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -12- utilization. The intent behind this initiative is to generate additional revenue from this source, contributing to the sustainable management of waste materials. A true copy of the receipt of revenue collected from the recyclable plastic is annexed here as Annexure-9.
14.That it is hereby stated that the surplus compost, resulting from the waste management processes, is being effectively utilized by local farmers. This compost is made available for free sampling by farmers, who incorporate it into their agricultural practices for irrigation and overall agricultural enhancement. The revenue generated from the sale of this compost will be systematically collected in near future, contributing to the economic sustainability of the waste management program.
15.That it is respectfully submitted, that the cow dung is systematically composted from the designated pit on a regular basis. The resulting compost is actively utilized for plantation and agricultural purposes. Additionally, an articulated action plan is in place for a comprehensive plantation initiative. This plan encompasses the cultivation of Neem, Sangwan, and Ficus Trees, alongside the installation of various flower pots, the development of walking paths, and the establishment of an open gym. This will result in beautification of the legacy waste site.
16.That it is respectfully submitted to inform, you that the land acquired for the landfill site has been successfully purchased and is currently undergoing the mutation process. Subsequent to the completion of this administrative procedure, the construction of the boundary surrounding the designated area will be promptly initiated by EO, Nagar Panchayal, Parikshilgarh
17.That it is respectfully submitted that the Hon'ble Court is directed to take certain directions from the order of compliance solid waste management rules, 2016 O.A No. 606 of 2018, dated 23.3.23, which is therefore submitted that compliance from the said order is done, it further pertinent to mention that periodic reports are sent to Swachha Bharat Mission U.P. Table of schedule for completion of processes involved S.No Process Completion date
1. Removal of dung from Completed Gaushala
2. Turning waste into Compost Started/Regular process
3. Hiring of agency for door-to- Completed door waste collection and segregation\Extention done
4. Getting Trommel machine Completed from other ULB under agreement O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -13-
5. Buying of land for scientific Completed landfill site
6. Removal of legacy waste Completed around Gaushala
7. Construction of boundary Started under process wall
8. Implementing door-to- Completed door waste collection and segregation in all 13 wards "
13. None has appeared for the applicant at the time of final hearing on 14.03.2024. No objections have been filed to the report filed by the Joint Committee and replies filed by Executive Officer, Nagar Panchayat, Parikshitgarh with the consequence that there is no ground to doubt the correctness of the factual averments made therein and to discard the report of the Joint Committee and replies filed by Executive Officer, Nagar Panchayat, Parikshitgarh.
14. So far as the question of Management of Kanha Gaushala in the present case is concerned, the District Magistrate, Meerut is directed to take all requisite steps and issue all requisite directions for ensuring implementation of and compliance with the Guidelines for Environmental Management of Dairy Farms and Gaushalas (issued by Central Pollution Control Board) and Manual on Management of Gaushalas (issued by Indian Counsel for Agricultural Research) by Kanha Gaushala, Parikshitgarh.
15. So far as the question of Solid Waste Management in the present case is concerned, as per the reports filed by the Joint Committee and replies filed by Executive Officer, Nagar Panchayat, Parikshitgarh Nagar Panchayat Parikshitgarh, Meerut has a total population of 19,830 as per the Census 2011 with 13 wards. The total waste generated by the said population of the Nagar Panchayat Parikshitgarh is stated to be 6.38 metric tons/ per day. It is stated O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -14- that door-to-door collection and segregation at source has been achieved in all the 13 wards. Nagar Panchayat, Parikshitgarh has hired M/s. Muskan Jyoti Samiti for the scientific disposal of Municipal Solid Waste and for segregation at source with door-to-door collection services, which is also concurrently engaging in community outreach initiatives aimed at raising awareness among local households. Nagar Panchayat Parikshitgarh is stated to have installed a New Material Recovery Facility (MRF) with 05 MT/day capacity which is stated to be currently operational. Submissions have been made that the removal of 1500 metric tons approx. of legacy waste disposed of around the Kanha Gaushala was completed on 02.03.2024 and remediation of waste was done. All plastic waste derived from the location is being diligently directed towards recycling processes. The surplus compost, resulting from the waste management processes, is being effectively utilized by local farmers. An articulated action plan is in place for a comprehensive plantation initiative. This plan encompasses the cultivation of Neem, Sangwan, and Ficus Trees, alongside the installation of various flower pots, the development of walking paths, and the establishment of an open gym. which will result in beautification of the legacy waste site. Land for the landfill site has been purchased and construction of boundary surrounding the designated area is to be initiated.
However, the entire information given is without requisite details and facts and figures and copies of relevant documents. In the report/replies there is no claim that entire waste generated daily is processed/treated which implies addition to legacy waste every day. Particulars regarding location and other details of material recovery facility have not been given. Particulars regarding dumping ground, if any and composting, and recycling facilities have also not been given. Complete details regarding utilization of composted/recycled/treated waste have also not been provided. O. A. No. 480/2023 Ashok Kumar Vs. State of UP & Ors -15-
16. This Tribunal has passed order dated 26.07.2024 in O.A. No. 613/2022 titled as Ram Milan Sahani Vs. State of UP & Ors. wherein directions have been given for compliance with Solid Waste Management Rules 2016 by the Principal Secretary, Environment Department, Government of Uttar Pradesh, the concerned District Magistrate, the concerned Commissioner of Municipal Corporation or the concerned Executive Officer of Municipal Council or Nagar Panchayat and the directions given therein equally apply to the present case.
For reasons of brevity the directions are not reproduced here and the same may be read as part of this Judgment. The State of Uttar Pradesh, the Principal Secretary, Environment Department, Government of Uttar Pradesh, the District Magistrate, Meerut and the Executive Officer, Nagar Panchayat, Parikshitgarh are directed to comply with the directions and UPPCB is directed to monitor compliance of the directions by them and take appropriate action in accordance with law in case of non-compliance.
17. The present original application is disposed of accordingly with no order as to costs and with directions as mentioned above.
18. A copy of this Judgment be sent to the Chief Secretary, Government of Uttar Pradesh, the Principal Secretary, Environment Department, Government of Uttar Pradesh, the Member Secretary, UPPCB, the District Magistrate, Meerut and the Executive Officer, Nagar Panchayat, Parikshitgarh by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 20th, 2024 AG