National Green Tribunal
News Item Titled Siliguri Protests Of ... vs Siliguri Municipal Corporation on 24 April, 2025
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.236/2024/EZ
(Earlier O.A. No.1337/2024/PB)
News Item titled "Siliguri protests
dumping of Sikkim waste, raises
health and environmental concerns"
appearing in The Telegraph online
dated 12.11.2024 Applicant(s)
Date of hearing: 23.04.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s) : Suo Motu,
Ms. Paushali Banerjee, Adv. (Amicus Curiae)
For Respondent(s) : Mr. Sameer Abhyankar, Adv. a/w
Ms. Yashika Sharma, Adv. and
Mr. Aryan Shrivastava, Adv. for R-2 & 5 (in Virtual Mode),
Mr. Dipanjan Ghosh, Adv. for R-3,
Mr. Rajib Ray, Adv. for R-4 (in Virtual Mode),
Mr. Sudip Kumar Dutta, Adv. for R-6 (in Virtual Mode)
ORDER
1. Mr. Dipanjan Ghosh, learned Counsel files Vakalatnama on behalf of Respondent No.3, West Bengal Pollution Control Board; the same is taken on record. When the case is next listed, the name of Mr. Ghosh shall be printed in the Cause-list as Counsel for the said Respondent.
2. Affidavit dated 22.04.2025 has been filed by the Respondent No.3, West Bengal Pollution Control Board; the same is taken on record.
3. This Original Application was originally taken up suo-motu by the New Delhi Bench of the National Green Tribunal on the basis of a news item relating to unauthorized dumping of waste at a vacant plot in Farabari near Siliguri, West Bengal. 1
4. However, since the Siliguri Municipal Corporation has already filed counter-affidavit in the case, we direct Ms. Paushali Banerjee, learned Counsel to assist this court as Amicus Curiae with regard to the littering of waste in the entire city of Siliguri.
5. We, therefore, direct the District Magistrate, District- Darjeeling to be the nodal officer and provide logistic support in the matter to the learned Amicus Curiae for collecting necessary data.
6. Ms. Paushali Banerjee shall file a report within two months supported by photographs and any other documentary evidence.
7. List on 14.07.2025.
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B. Amit Sthalekar, JM ............................................. Dr. Satyagopal Korlapati, EM April 23, 2025, Original Application No.236/2024/EZ (Earlier O.A. No.1337/2024/PB) OM 2 [Corrected Order] Item No.02 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.236/2024/EZ (Earlier O.A. No.1337/2024/PB) News Item titled "Siliguri protests dumping of Sikkim waste, raises health and environmental concerns"
appearing in The Telegraph online dated 12.11.2024 ..........Applicant(s) Date of hearing: 23.04.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER For Applicant(s) : Suo Motu, Ms. Paushali Banerjee, Adv. (Amicus Curiae) For Respondent(s) : Mr. Sameer Abhyankar, Adv. a/w Ms. Yashika Sharma, Adv. and Mr. Aryan Shrivastava, Adv. for R-2 & 5 (in Virtual Mode), Mr. Dipanjan Ghosh, Adv. for R-3, Mr. Rajib Ray, Adv. for R-4 (in Virtual Mode), Mr. Sudip Kumar Dutta, Adv. for R-6 (in Virtual Mode) ORDER
1. The Original Application No.1337/2024 was registered suo-motu on the basis of a news item titled "Siliguri protests dumping of Sikkim waste, raises health and environmental concerns" appearing in The Telegraph online dated 12.11.2024.
2. The matter relates to the unauthorized dumping of medical and hazardous waste at a vacant plot in Farabari near Siliguri, West Bengal, allegedly from the neighboring state of Sikkim. As per the article, the vacant plot where waste is being dumped is just around 50 meters from the boundary of the Baikunthapur forest, which poses risks to wildlife.3
3. The article highlights that the situation became more complicated when it was revealed that the owner of the vacant plot had made private arrangements with truck drivers for waste disposal without obtaining necessary clearances from the local panchayat or other relevant authorities. It is alleged that irresponsible dumping of waste is a source of inconvenience to residents and the environment. This adds to the issue of waste management in Siliguri.
4. The Respondent No.3, West Bengal Pollution Control Board has filed affidavit dated 28.02.2025 and along with this affidavit, an Inspection Report of the site of inspection has been filed. The Inspection Report of the inspection carried out on 27.01.2025 read as under:-
"Inspection Report w.r.t. the NGT case in O.A. No.236/2024/EZ (Siliguri protests dumping of Sikkim waste, raises health and environmental concerns): The Original Application No. 1337/2024/PB was registered as suo motu by the New Delhi Bench of the Tribunal on the basis of a news item titled "Siliguri protests dumping of Sikkim waste, raises health and environmental concerns" appearing in The Telegraph online dated 12.11.2024. Thereafter, the said Original Application was transferred by the New Delhi Bench of the Tribunal vide its order dated 27.11.2024 to the Eastern Bench of the Tribunal at Kolkata and the case has now been re-numbered as Original Application No.- 236/2024/EZ.
In the article it is stated that there is an unauthorized dumping of medical and hazardous waste at a vacant plot in Farabari near Siliguri, West Bengal, allegedly from the neighboring state of Sikkim. As per the article, the vacant plot where waste is being dumped is just around 50 meters from the boundary of the Baikuntapur forest, which poses risks to the wildlife. The article also highlights that the situation became more complicated when it was revealed that the owner of the vacant plot had made private arrangements with truck drivers for waste disposal without obtaining necessary clearances from the local panchayat or other relevant authorities. It is further alleged that 4 irresponsible dumping of waste is a source of inconvenience to residents and the environment. This adds to the issue of waste management in Siliguri.
The Hon'ble NGT, New Delhi Bench has taken the cognizance of the allegations made and served notices to the following departments to file their counter affidavits at least one week before the next date of hearing on 30.01.2025.
i) Siliguri Municipal Corporation, Through its commissioner
ii) State Pollution Control Board Sikkim, Through its Member Secretary
iii) West Bengal Pollution Control Board, Through its Member Secretary
iv) Central Pollution Control Board, Through its Member
v) Ministry of Environment, Forest and Climate Change (MoEF)
- Regional office, Sikkim
vi) Ministry of Environment, Forest and Climate Change (MoEF)
- Regional office, West Bengal Accordingly, an inspection has been carried out by the WBPCB officials on 27.01.2025 at the alleged location.
The findings of the inspecting team are listed below:-
The inspecting team has visited the Siliguri Municipal Corporation (SMC). The secretary of SMC stated that the alleged location falls in Panchayet area and is not in the jurisdiction of SMC, hence they could not take any action. The inspecting team has visited the alleged location. During inspection it is observed that plot where waste was dumped, is surrounded by a boundary wall and the entry gate to the plot is found closed with lock and key. However, only by viewing from the gap of the closed gate it is observed that dumped waste have been lifted and only remains of the waste are scattered around the plot. The plot is located in village Farabari which falls in the Binnaguri Gram Panchayet. The Panchayet Pradhan has informed that the plot belongs to a person from Siliguri. However, the name and address of the person is unknown to him. He has informed that the local people had complained to him about the unauthorized dumping of waste in the mentioned plot. On receiving the complaint from the local people, he lodged an FIR at Bhorer Alo police station (formerly known as Ambari Police Station) on the day before the matter published in the telegraph.
However, he has not handed over the FIR copy to the inspecting officials. He has further informed that police have raided the 5 alleged site and sealed the site. Later, with the help of the police the waste from the plot was lifted off by the same trucks that previously dumped the waste. The matter is under the control of Bhorer Alo Police Station at present."
5. The Respondent No.4, Central Pollution Control Board (CPCB) has also filed affidavit dated 06.03.2025 wherein it is stated that as per the Annual Report on Implementation of Solid Waste Management for Financial Year 2023-24 under Solid Waste Management Rules, 2016, Sikkim generates 69.68 Tons per day (TPD) of solid waste.; out of this, 100% (i.e. 69.68 TPD) is collected, 52.5% (36.57 TPD) is processed/treated, while 47.5% (33.11 TPD) is landfilled. It is also stated that as per the Annual Report 2023-24, West Bengal generates 14072.04 Tons per day (TPD) of solid waste, out of which, 93% (13116.77 TPD) is collected, 23.5% (3300 TPD) is processed/treated, while 8.4% (1187 TPD) is landfilled. It is also stated that as per the year 2023, there are 9927 number of Health Care Facilities (hereinafter referred as HCFs) and 43120 kg/day of biomedical waste is generated as per West Bengal State Pollution Control Board Annual Report.
6. It is further stated that the biomedical waste is being treated and disposed of through 08 number of Common Biomedical Waste Treatment Facilities operational in the State; in Jalpaiguri District (including Siliguri area), there are 96 no. of HCFs in operation generating 534 kg/day of biomedical waste. It is stated that this biomedical waste is being treated and disposed of through Common Biomedical Waste Treatment Facilities (hereinafter referred as CBWTF) namely M/s Green Zen Bio Pvt. Ltd., Mouza- Binnaguri, Dist.- Jalpaiguri.
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7. It is further stated that as per the Annual Report submitted by the Sikkim State Pollution Control Board for the year 2022-23, in the State of Sikkim, there are about 49 hazardous waste generating units generating about 1,923 MT of hazardous waste (including opening stock) out of which 1,760 MT of waste was managed through recycling/utilization/disposal by the units located in the neighbouring State.
8. Likewise, for the year 2022-23, in the State of West Bengal, there are about 832 hazardous waste generating units generating about 3,26,368 MT of hazardous waste (including opening stock/imported/received from other State/UT) of which 3,23,177 MT was managed through recyclers/utilizers/co-processors and disposal facilities of the State.
9. It is stated that with regard to the allegations in the present Original Application, the Sikkim State Pollution Control Board has received response from the Urban Development Department, Government of Sikkim informing that the waste found at Farabari, West Bengal was not hazardous waste or biomedical waste but constitutes bio-mined legacy waste generated from Municipal Solid Waste landfill site located at 32 No. Martam, Gangtok District. It is stated that the said waste was in transit for co-processing at M/s Dew Resource Management located at Muzaffarnagar, Uttar Pradesh as per No Objection Certificate issued by Sikkim SPCB.
10. It is further stated that an inspection was carried out by the West Bengal State Pollution Control Board on 27.01.2025 of the alleged site wherein unauthorised dumping of biomedical waste and hazardous waste was alleged and it is stated that the Panchayat Pradhan filed an FIR at the Bhorer Alo Police Station on the basis of complaint raised by the local residents regarding unauthorized 7 dumping and accordingly, the Bhorer Alo Police Station has removed the waste and sealed the site. However, during the inspection, it was observed that the plot was surrounded by a boundary wall and the gate was locked and through a gap in the gate, remains of waste were observed.
11. The Respondent No.1, Siliguri Municipal Corporation has filed affidavit dated 05.03.2024 of an inspection carried out on 27.01.2025 which has already been extracted hereinabove and it is stated that the waste have been dumped at Farabari which is located in Phansidewa subdivision of Darjeeling district in West Bengal; Farabari village in Phansidewa subdivision of Darjeeling district falls under the "Ghospukur" Gram Panchayat and is beyond the territorial jurisdiction of Siliguri Municipal Corporation.
12. The West Bengal Pollution Control Board has filed further affidavit dated 22.04.2025 bringing on record an Inspection Report of the site in question of an inspection carried out on 09.04.2025. The Inspection Report read as under:-
"Inspection Report w.r.t. the NGT case in O.A. No.236/2024/EZ (Siliguri protests dumping of Sikkim waste, raises health and environmental concerns):
The Original Application No. 1337/2024/PB was registered as suo motu by the New Delhi Bench of the Tribunal on the basis of a news item titled "Siliguri protests dumping of Sikkim waste, raises health and environmental concerns" appearing in The Telegraph online dated 12.11.2024. Thereafter, the said Original Application was transferred by the New Delhi Bench of the Tribunal vide its order dated 27.11.2024 to the Eastern Bench of the Tribunal at Kolkata and the case has now been re-numbered as Original Application No.- 236/2024/EZ.
In the article it is stated that there is an unauthorized dumping of medical and hazardous waste at a vacant plot in Farabari near Siliguri, West Bengal, allegedly from the neighboring state of Sikkim. As per the article, the vacant plot where waste is being 8 dumped is just around 50 meters from the boundary of the Baikuntapur forest, which poses risks to the wildlife. The article also highlights that the situation became more complicated when it was revealed that the owner of the vacant plot had made private arrangements with truck drivers for waste disposal without obtaining necessary clearances from the local panchayat or other relevant authorities. It is further alleged that irresponsible dumping of waste is a source of inconvenience to residents and the environment. This adds to the issue of waste management in Siliguri.
As per the order of Hon'ble NGT, New Delhi Bench dated 27.11.2024, the site has been inspected by the WBPCB officials on 27/01/2025 and the inspection report has been submitted before the hon'ble court.
The Hon'ble NGT, Eastern Zone Bench in its order dated 07.03.2025 once again directed WBPCB to inspect the alleged site where the waste was found dumped and partly cleared to verify whether any pollution happened and affected the people of the locality and file affidavit within four weeks.
Accordingly, an inspection has been carried out by the WBPCB officials on 09.04.2025 at the alleged site. The findings of the inspecting team are listed below:-
The inspecting team has visited the alleged site. The entry gate of the plot where waste was dumped has been found closed with lock and key and by viewing from the gap of the closed gate remains of the waste have been found scattered around the plot. The scenario is same as that observed in the earlier inspection carried out by the WBPCB officials in pursuance to the Tribunal's order dated 30.01.2025.
The inspecting team has approached the Panchayet Member of that area, i.e. Farabari Nepali Busty. He has informed that the waste has been dumped for a very short duration barely one week. As soon as the matter has been published in the Telegraph, quick action has been taken by the Panchayet and with the help of the police the dumped waste has been lifted. From then onwards no further dumping has been carried out in the alleged plot and in any other places in that area. He has further stated that no health related complaints from the local people have been reported to him till date from the date of occurrence of that incident.9
The inspecting team has also talked with the local people to verigy whether they face any problem of pollution of that dumped waste like foul smell, any water borne disease from the probable contamination of ground water by leaching of pollutants from the solid waste or any vector borne disease from the dumped solid waste. They have informed that they have not faced any environemental issues or health-related issues from that waste dumping incident in the alleged site. Also, no complaint regarding facing of environmental pollution co that waste dumping incident from the locals of that area or from any authority has been reported to WBPCB till date.
13. A perusal of this report shows that the Panchayat Member of area, i.e., Farabari Nepali Busty has informed that waste has been dumped for a very short duration barely one week at the site in question and as soon as the matter was published in the daily newspaper "The Telegraph", quick action has been taken by the Panchayet with the help of police and the dumped waste has been lifted and thereafter, no further dumping has been carried out at the alleged plot or in any other places in that area; he has further stated that no health related complaints from the local people have been reported to him till date.
14. So far as remains of scattered waste being found at the site in question, we direct the West Bengal Pollution Control Board to forthwith take steps for removing the waste from the site so that no health issues arise there from.
15. We have heard the learned Counsel for the parties and perused the documents on record.
16. From the affidavit filed by the Pollution Control Board and the Inspection Report, we find that the plot in question is located in Village- Farabari which falls in the Binnaguri Gram Panchayet and according to the Gram Pradhan, the plot belongs to a person from 10 Siliguri. As per information from the Panchayet Pradhan, the police raided the alleged site and sealed it and later with the help of the police the waste from the plot was lifted off by the same trucks that had previously dumped the waste.
17. No doubt, the waste dumped at the plot in Farabari has been removed as of now and that the plot belongs to a private person but even if the plot belongs to a private person, dumping of solid municipal waste at a dumping site can only be done in terms of the siting criteria for Landfill as prescribed in Schedule I(A) in paragraph no.(vii) of the Solid Waste Management Rules, 2016 under the heading „Criteria for site selection'. Rule I(A) of the Solid Waste Management Rules, 2016 read as under:-
"SCHEDULE I Specifications for Sanitary Landfills (A) Criteria for site selection.-
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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."
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18. In this view of the matter, this plot or any other plot in question cannot be used for dumping of solid waste except in accordance with the provisions of the siting criteria as prescribed in Schedule I of the Solid Waste Management Rules, 2016.
19. The Siliguri Municipal Corporation is directed to be careful in future and ensure that no dumping of solid waste is permitted in violation of the siting criteria in the Solid Waste Management Rules, 2016.
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20. Further considering that the present Original Application has been registered on the basis of a newspaper report and relates to the issue of waste management in Siliguri and there is no Applicant or Counsel for the Applicant to assist this Court, we direct Ms. Paushali Banerjee, learned Counsel to assist this Court as Amicus Curiae with regard to the littering of waste and piling of garbage in the entire city of Siliguri.
21. We direct that District Magistrate, District- Jalpaiguri and District Magistrate, District - Darjeeling be impleaded in the array of Respondents as Respondent Nos.7 and 8 respectively.
22. Mr. Sibojyoti Chakrabarti, learned Counsel accepts notice on behalf of the newly added Respondent Nos.7 and 8, District Magistrate, District- Jalpaiguri and District Magistrate, District - Darjeeling respectively.
23. We, therefore, direct the District Magistrate, District- Darjeeling to be the nodal officer and provide logistic support in the matter to the learned Amicus Curiae for collecting necessary data.
24. Ms. Paushali Banerjee shall file a report within two months supported by photographs and any other documentary evidence.
25. Mr. Dipanjan Ghosh, learned Counsel files Vakalatnama on behalf of Respondent No.3, West Bengal Pollution Control Board; the same is taken on record. When the case is next listed, the name of Mr. Ghosh shall be printed in the Cause-list as Counsel for the said Respondent.
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26. List on 14.07.2025.
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B. Amit Sthalekar, JM ............................................. Dr. Satyagopal Korlapati, EM April 23, 2025, Original Application No.236/2024/EZ (Earlier O.A. No.1337/2024/PB) OM 13