National Green Tribunal
News Item Titled Siliguri Protests Of ... vs Siliguri Municipal Corporation on 7 March, 2025
Item No.03 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: 07.03.2025
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Suo Motu,
For Respondent(s) : Mr. Deborshi Dhar, Adv. for R-1 (in Virtual Mode),
Mr. Sameer Abhyankar, Adv. a/w
Ms. Yashika Sharma, Adv and
Mr. Aryan Srivastava, Adv. for R-2 & 5 (in Virtual Mode),
Mr. Dipanjan Ghosh, Adv. for R-3 (in Virtual Mode),
Mr. Rajib Ray, Adv. for R-4,
Mr. Sudip Kumar Dutta, Adv. for R-6 (in Virtual Mode)
ORDER
1. Affidavit dated 06.03.2025 has been filed by the Respondent No.4, Central Pollution Control Board (CPCB); the same is taken on record.
2. The issue involved in the present Original Application in which cognizance is taken on a news item titled "Siliguri protests dumping of Sikkim waste, raises health and environmental concerns" which appeared in The Telegraph online dated 12.11.2024.
3. In pursuance of this Tribunal's order dated 30.01.2025, the Respondent No.1, Siliguri Municipal Corporation has submitted its reply affidavit dated 05.03.2024 where it is submitted that the wastes have been dumped at Farabari which is located in 1 Phansidewa subdivision of Darjeeling district in West Bengal. Farabari Village in Phansidewa subdivision of Darjeeling district falls under the "Ghospukur" Gram Panchayat and the area is beyong the territorial jurisdiction of Siliguri Municipal Corporation.
4. From the side of the Respondent No.2, State Pollution Control Board, Sikkim, an affidavit dated 21.01.2025 has been filed wherein in paragraph no.11 and 12, it is submitted that after the publication of the news article in the Telegraph, the correspondence was initiated by the State Pollution Control Board, Sikkim to various line departments, Government of Sikkim in order to verify the source of the waste. It was informed by the respective department of the Government of Sikkim that waste which was found to be dumped at Farabari, West Bengal is not Hazardous or Bio-medical in nature but constitutes bio-mined legacy waste generated from Municipal Solid Waste Management & Treatment facility's landfill site located at 32 No. Martam, Gangtok District which was in transit for co-processing at M/s Dew Resource Management located at Muzaffarnagar, Uttar Pradesh in compliance to the directions of the Hon'ble National Green Tribunal (Principal Bench)'s order dated 03.11.2022 in O.A. 606/2018 titled as Compliance of Municipal Solid Waste Management Rules, 2016.
5. Based on these facts, it is submitted that there is no violation with regard to the disposal of the Bio-medical waste generated in the State of Sikkim hence, the allegation made in the Telegraph news report is denied.
6. From the side of the Respondent No.3, West Bengal Pollution Control Board, an affidavit dated 28.02.2025 has been filed 2 wherewith an Inspection Report of an inspection carried out on 27.01.2025 has been annexed where it is submitted that the inspecting team visited the Siliguri Municipal Corporation (SMC). The secretary of SMC stated that the alleged location falls in Panchayat area and not in the jurisdiction of SMC, hence they could not take any action. The inspecting team has visited the alleged location and during inspection, it was 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. Further, 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 said location is in village Farabari which falls in the Binnaguri Gram Panchayet. But the Panchayet Pradhan informed that the plot belongs to a person from Siliguri (name unknown). The local people had complained to him about the unauthorized dumping of waste at the plot in question whereafter an FIR was lodged at Bhorer Alo Police Station. Further, no FIR copy has been handed over to the inspecting officials. The police raided the alleged site and sealed the same. Later on, with the help of the police the waste from the plot was lifted off by the same trucks that previously dumped the waste.
7. From the side of the Respondent Nos.2 and 5, Department of Environment, Forest, Government of Sikkim, Mr. Sameer Abhyankar, learned Counsel states that they will adopt the reply affidavit filed by the Respondent No.3, West Bengal Pollution Control Board and no separate affidavit is required to be filed from their side.
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8. From the side of the Respondent No.6, Department of Environment, Government of West Bengal, Mr. Sudip Kumar Dutta, learned Counsel submits that they will adopt the affidavit filed by the Respondent No.3, West Bengal Pollution Control Board, and there is no separate reply affidavit to be filed from their side.
9. In the light of the facts cited above, we are of the view that the site where this waste was found dumped and partly cleared; whether any pollution happened and affected the people of the locality, needs to be brought on record and this falls within the domain of the West Bengal Pollution Control Board.
10. We direct the Respondent No.3, West Bengal Pollution Control Board to file an affidavit in this regard within a period of four weeks.
11. The parties shall complete pleadings among themselves before the final hearing of the case.
12. List on 23.04.2025.
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Dinesh Kumar Singh, JM ............................................. Dr. Arun Kumar Verma, EM March 07, 2025, Original Application No.236/2024/EZ (Earlier O.A. No.1337/2024/PB) OM 4