National Green Tribunal
Mr Prafull N Mahajan vs Chief Officer Achalpur Municpal ... on 9 October, 2023
(Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[Through Physical Hearing (with Hybrid Option)]
ORIGINAL APPLICATION NO. 125 OF 2023 (WZ)
(LETTER PETITION)
Praful N. Mahajan .... Applicant/
Complainant
Versus
Chief Officer, Achalpur Municipal Council & Ors. .... Respondents
Date of hearing : 09.10.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
ORDER
(IN CHAMBER)
1. We have perused the action taken report sent to us by the Regional Office of Maharashtra Pollution Control Board (MPCB), Amravati, which has been received through e-mail dated 22.08.2023, pursuant to the communication made to the MPCB by the learned Registrar of this Tribunal in compliance with our order dated 03.07.2023, which was passed on a complaint (Letter Petition) received from one Shri Praful N. Mahajan regarding dumping of solid waste and its burning having adverse impact on his agricultural land.
2. In this report, it is made clear that the Achalpur Municipal Council, which is generating solid waste of 37.5 metric ton per day, has solid waste treatment and disposal site located at Survey No.83/3, 117, Mouje Raipura, Tq. Achalpur, District Amravati, which was granted authorization by MPCB and the same remained valid till 31.12.2003. There is admission in this report in respect of the applicant's complaint [NPJ] Page 1 of 3 having been received at their end vide letter dated 11.05.2023 pursuant to which visit was also made on 16.09.2020 and it was found that there was bio-mining of legacy waste, which was observed to be inadequate and a show-cause notice was issued to the Municipal Council, Achalpur on 28.01.2021 and thereafter, warning notice was also issued to it.
3. It appears from the said report that no concrete steps have been taken so far by the Achalpur Municipal Council. It has also been stated in this report that some other new site is also being looked for by the Achalpur Municipal Council for SWM facility, which appears to be in process. But looking to the fact that there is solid waste of 37.5 metric ton per day said to be generated and the quantity of the legacy waste has not been disclosed, which needs to be cleared from there and admittedly the agricultural land of the applicant/complainant being adjacent to the existing SWM site, the same is having adverse impact on it, we deem it appropriate to admit this Letter petition and direct the Registry to treat this Letter Petition as Original Application and register the same.
4. Thereafter, the Registry is directed to prepare a memo of parties showing therein the complainant as applicant and Chief Officer, Achalpur Municipal Council, District Amravati as respondent No.1, the Member Secretary, Maharashtra Pollution Control Board as respondent No.2, the District Collector, Amravati as respondent No.3 and the Secretary, Urban Development Department, State of Maharashtra as respondent No.4. The Registry shall issue notice to the respondents, returnable within four weeks, enclosing therewith copy of the complaint along with the report of the MPCB dated 22.08.2023.
5. We also deem it appropriate to constitute a Joint Committee comprising of one member each of the Chief Officer, Municipal Council, Achalpur, Member Secretary, MPCB and District Collector, Amravati. The MPCB will the nodal agency of the said Committee. The Committee shall [NPJ] Page 2 of 3 visit the site in question and submit a report before us on the following points:
(i) Whether the solid waste which is being generated per day, is being taken care of by the existing SWM plant/facility or not? And if there is a gap, then what proposal is made at their end to meet this requirement ?
(ii) What is the quantity of legacy waste which needs to be cleared through bio-remediation and what steps are being taken for the same?
(iii) The report shall also be filed regarding its impact on nearby agricultural fields and health of the people residing in the nearby area/vicinity.
(iv) Time-bound action plan shall be submitted to us for implementing the Solid Waste Rules, 2016 in respect of solid waste and the legacy waste.
(v) Since the SWM plant was required to be set up by 07.04.2021 as per the judgment of this Tribunal passed in Original Application No.606/2018, the Committee shall also ascertain the amount of environment damage compensation to be levied from the Achalpur Municipal Council for the violation till date.
6. The report of the Joint Committee shall be submitted by the MPCB within four weeks.
7. Put up this matter for further consideration on 29.11.2023.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM October 09, 2023 O.A. No. 125/2023(WZ)(LP) npj [NPJ] Page 3 of 3