National Green Tribunal
S.M. Sivan vs 1. The Government Of Tamil Nadu Rep By Its ... on 29 July, 2022
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 107 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
S.M. Sivan, M/45,
S/o., Mallan,
Door No. 1/101E,
Silver Cloud Estates,
Nilgris- 643 211
...Applicant(s)
Versus
1. The Government of Tamil Nadu,
Rep by its Secretary to Government,
Department of Environment and Forest,
Secretariat,
Fort St George, Chennai-600009
2. The Government of Tamil Nadu,
Rep by is Secretary,
Public Works Department,
Secretariat,
Fort St. George, Chennai-600009
3. The Chairman,
Tamil Nadu Pollution Control Board,
Mount Salai, Guindy,
Chennai- 600032
4. The District Collector,
Nilgiris District,
Udhagamandalam- 643001
5. The District Forest Officer,
Gudalur Division,
11/274, Kozhikode Salai,
Gudalur- 643212.
6. The District Enviornment Engineer,
Tamil Nadu Pollution Control Board,
Additional Collectorate Building,
Block-II Finger Post,
Nilgiris- 643005
7. The Municipal Commissioner,
Municipal Office, Ooty main road,
Rajagopalapuram- Gudalur,
Nilgiris District- 643211.
8. A.C. Peter,
S/o Chacko
Hotel Archies, Munispal Complex
Below State Bank of India
Ooty Mysore Road,
1
Gudalur- 643212
...Respondent(s)
For Applicant(s): Mrs. Selvi George
For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R4 and R5
Mr. Sai Sathya Jith for R3 and R6
Mr. Purushotham for Mr. P. Srinivas for R7
Judgment Reserved on: 21st July, 2022.
Judgment Pronounced on: 29th July, 2022.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Justice Smt. Pushpa Sathyanarayana, Judicial Member
1. The above Original Application is filed by one of the resident of Gudalur in Nilgris District seeking a direction to direct the respondents and in particular, the 7th respondent, who is the Municipal Commissioner to shift the dumping yard from O.S. No. 195/2A, R.S. No. 1281 at 27 th Mile of Upper Gudalur to any other place at Padanthurai territory.
2. The main averment in the application is that one Mr. A.C. Peter son of Chacko, who is the 8th respondent, has leased out the land situated in the above survey numbers to the Gudalur Municipality to be used as dumpyard of the waste and garbage. As the said land is situated among the residential area, the dumping of garbage creates lot of health hazard not only for humans but also to the wild animals.
3. In fact earlier, there was an application as O.A. No. 86 of 2017 filed before this Tribunal. According to the averments in the application, the Gudalur Municipality generates about 19 MT/day of garbage at the above site without proper segregation. It is further stated that originally the waste and garbage was dumped in Sy. No. 813/1 and 813/2 in Thorapalli, Gudalur which was challenged before this Tribunal. Wherein this Tribunal had directed them to dump the waste in newly acquired lands in Padanthorai Village. Admittedly, the order was to get approval for getting the site in Padanthorai Village was pending before the Tamil Nadu Preservation of Private Forest Act. Even in the earlier Original Application, this Tribunal had observed that the Municipality has not 2 taken any action in implementing the Solid Waste Management Rules, 2016. Admittedly with respect to alternative site at Padanthorai Village, it is admitted by the MoEF&CC that no such proposal has come to the Government of India for passing appropriate orders. Therefore, the applicant claims that this is a serious lapse on the part of the Gudalur Municipality.
4. Learned Counsel appearing for the applicant mainly contended that the Gudalur Municipality has not been taking effective steps to shift the dumping yard from the 27 mile of Upper Gudalur and relocate the same at Padanthorai Village or some other place. Therefore, on the above grounds, the applicant seeks a direction to the 7th respondent, Municipality to relocate and shift the dumping yard from Sy. No. 195/2A to any other place in Padanthorai.
5. The Joint Committee was constituted by this Tribunal which has filed its report dated 21.07.2021. After inspection the Joint Committee observed that the Gudalur Municipality is carrying out the processing of municipal solid waste that are generated within the Gudalur Municipality at 27 miles in R.S. No. 1281 over an area of one acre which was taken on lease from one Mr. A.C. Peter. The boundary is guarded with solar fencing with a view to prevent the entry of elephants entering into the facility and cause damage to the amenities that are provided for the management of solid wastes. This was carried out by the Gudalur Municipality in compliance of the order dated 12.05.2017 in O.A. No. 86 of 2017.
6. The report had further mentioned that the Gudalur Municipality was generating around 14 MT/day of solid waste which comprises of 3.5 MT dry wastes, of which 1.5 MT is recycled and 2 MT of non recyclable dry waste such as waste rags, used diapers etc. are burned in a high temperature burner. Out of the 10.5 MT of wet waste generated, 1 MT of food wastes are taken to piggeries, 5MT of wet waste is handled in micro compositing centre and 3.5 MT of wet waste is composted in windrows. The Committee had further observed that there is no odour nuisance from the solid waste management facility of the 7th respondent except of a mild stinky smell felt in view of stocking of huge quantities of organic wastes. The Committee also observed the flies in the facility, which is mostly seasonal and recommended that the same should be controlled. The smoke from the burning chamber of the burner which was observed by the Committee was also directed to be controlled by changing the 3 waste charging pattern in smaller quantities in between small time intervals. The water used for scrubbing the smoke from the burner is also collected in three tanks, allow the carbon dust to settle down and water to cool and recycle the water back into the scrubbing system though, it was alleged by the applicant and others that the water that is used in the scrubbing process is polluting the stream.
7. The Committee had observed that the water is not allowed to discharge into the stream but recycled in the scrubbing process. The State Level Monitoring Committee had opined that even if the water from the scrubbing operation is allowed to be discharged, it is not likely to affect the quality of the stream water. However, it was recommended that the water should not be discharged into the stream and also for supply of water to the residential areas of Silver Cloud Estates by providing them syntex tanks at prominent places.
8. During the time of inspection, there were representations made by the public and the Committee had also given its response which is submitted in the report as follows:
Representation of the public Response of the committee Handling of waste at this location is The movements of elephants prevail in attracting elephants, and when they are the entire Gudalur and Pandalur Taluks.
not able to enter in to the facility, they Therefore, this cannot be attributed to
come in to the estates. the Facility.
Odour nuisance is felt due to facility Not much odour is felt. Instructed to
which is causing nausea and other apply disinfectants and deodorizer
ailments. periodically to contain odour. Also
instructed to provide roof top exhausts.
Fly menace occur due to the facility, Gudalur Municipality is instructed to
result in skin irritation etc. They could not provide fly catchers and also to apply take suitable treatment for skin aliments solution cedar vinegar mixture with soap due to the non-availability of skin water to get rid of fly menace. District specialist at Gudalur Government Collector assured to ensure the presence Hospital. of Dermatologist once in a week.
The road blocked due to the Solid Waste District Collector assured to put the Management Facility. blocked road for public use in three months.
Smoke from the rags burner is causing The smoke is not likely to cause suffocation. suffocation. Advised to reduce the charging rate to avoid black smokes.
Leachate mixes with stream and pollute No leachate generated. However, assured the drinking water to provide protected water supply to the Estate Workers Colony.
Solid waste management facility is to be Both are much more vulnerable zones shifted to Silukkadi or Padanthorai areas. (on elephant movement, terrain etc) comparing to this location. Admittedly, there is no habitation within 500m in this location, and the Estate workers residential area is at least 800m away.
Moreover, both areas are not part of Gudalur Municipality. Taking the waste outside the Municipality limits would not be accepted by the other local bodies and against the settled principle that the wastes should be handled as closed to it point of generation.4
9. So far as the averments made in the application is concerned, the Joint Committee has observed that the allegations are absolutely frivolous and there is no truth in the same.
(i) It is not that the wastes are dumped but the wet waste is processed into compost.
(ii) The allegation that the leachate generated is reaching the stream and polluting the drinking water source is also not correct. In reality the leachate generated in the facility and the water that is used for scrubbing the burner is also kept in closed cycle and reused without any discharge, after removing the carbon particles in a series of three settling tanks.
(iii) There is no biomedical waste or chemical waste brought into the facility.
(iv) The waste from the butcher stall and the fish market are collected and composted in a box type composter.
(v) There is no appreciable level of odour observed in the facility except the mild stink emanating during the storing of huge quantities of wet waste for further processing.
(vi) The menace of the flies was instructed to be controlled by certain measures as the Municipality had been advised.
(vii) The averment that the solid waste management facility is located in elephant corridor is also not felt as it is a well known fact that Gudalur and Pandalur taluks are known for elephant crossing which a common phenomena.
(viii) The averment that the facility is located in a residential area is also not correct as it is surrounded by Tea Estates and the nearest house is at least 500m away from the solid waste management facility.
10. O.A. No. 86 of 2017 was filed earlier with an identical prayer complaining about the dumping of municipal solid waste at 27 miles in an extent of 3.10 acres. Though, originally this Tribunal had granted an interim injunction, later permitted to carry out the dumping waste only over one acre as a temporary measure. However, the said application was disposed of by the Hon'ble Principal Bench on 15.11.2018 without any further direction and remitted the matter to the State Level Monitoring Committee on solid waste management. It is specifically stated in the said location that there is no dumping of waste is carried out but only processing of the segregated waste is carried out.
511. Regarding the elephant movement, it is categorically stated by the Joint Committee that it is not an elephant corridor as claimed by the applicant. The movement of the elephant is also an inevitable phenomenon in almost every area of Gudalur Taluk and hence no land without movement could be identified and this could not be a limiting factor in operating the solid waste management facility. The Joint Committee has also opined that finding any suitable site away from the residential area in Gudalur Municipal limits is very difficult.
12. The Joint Committee has also reported about the performance of the solid waste management facility to be satisfactory and also had given the measures to improve the performance. The possibility of shifting the facility to Padanthorai Village as claimed by the applicant is outside the municipal limits of Gudalur as same lies within the territory of Devarshola Town Panchayat. Further Padanthorai area is having much elephant movement than that of the present location. The Joint Committee also opined that shifting of the solid waste management facility to Padanthorai Village would invite public protest and it is also not practically possible. Even identifying a suitable land within the municipal territory of Gudalur Municipality is also a challenge. Finally, the Joint Committee had opined that shifting of the solid waste management facility from the present location to any other location may not be a feasible preposition considering the environmental, legal and social aspects of the issues involved.
13. The Joint Committee has given its findings in the following words:
"12. Findings:
It is submitted that the Joint Committee is of the considered opinion that the Solid Waste Management Facility of the Gudalur Municipality is operated in compliance to the provisions of the Solid Waste management Rules, 2016 and its performance is satisfactory. It is further submitted that the shortcomings noticed during the inspection could be rectified and its performance could be improved and in could be ensured that no adverse impact to the environment occurs. The current location of the Solid Waste Management Facility is found to be more suitable for operating the Solid Waste Management Facility comparing to the land in Padanthorai Village, which is located outside the Gudalur Municipal Limits.
Permitting Gudalur Municipality to carry out the Municipal Solid Waste Management activities over a larger area, at least for another 0.50 acres, if not, another 1.00 acre land, would improve the operation of the facility."
14. Tamil Nadu Pollution Control Board, which is the 3rd respondent also, has filed its independent response and the action taken report in compliance of the orders of this Tribunal dated 17.12.2021. Tamil Nadu Pollution Control Board has reported that after inspecting the location and seeing 6 the solid waste management activities in the location along with the Joint Committee stated that an attempt to shift the solid waste management facility to Padanthorai Village is undesirable and it is not practically possible. In all other respects, the Pollution Control Board also has struck the same note with the Joint Committee report.
15. The District Collector also has stated that the nearest resident from the solid waste management facility of the Gudalur Municipality is located at 500m on the west. The residence of the applicant herein is located at Silver Cloud Estate which is 800m south of the Municipal Solid Waste Management Facility. Therefore, the allegation of the applicant that the Municipal Solid Waste Management Facility is situated in the residential area is false and baseless. The District Collector has also mentioned that Nilgris District is having forest cover of more than 60 per cent and as such the movement of elephant is a common phenomenon and had already done the solar fencing around the Municipal Solid Waste Management Facility. The allegation of burning of waste is also denied by the District Collector, who contends that the wet waste are subjected to composting and the dry wastes are sorted and sold out. The rags are subjected to high temperature controlled burning in a closed system and there is no open burning of any sort is carried out in the facility. Therefore, the said averment of the applicant is also false and baseless.
16. According to the District Collector the averments and the documents furnished by the applicant are all related to the status in the year 2016- 2017 and the present application is being filed without making proper verification and without any material evidence in support of the claims and has prayed for dismissal of the application.
17. It would be relevant to point out that a second report on the Solid Waste Management implementation by the State Level Monitoring Committee was also furnished before this Tribunal. The Chairman of the State Level Monitoring Committee has given directions to various municipalities after inspection followed by enquiry, the direction issued with respect to Gudalur Municipality is in Para No. 13 which reads as follows:
"......13. The Commissioner-in charge, Gudalur Municipality is directed to carry out Solid Waste Management activities in an efficient manner in the existing land of one acre which is provided with fencing situated in 27th mile of Gudalur. The composting shall be done in accordance with SWM Rules, 2016 and the guidelines issued by the appropriate authorities including the State Pollution Control Board. Further, it is informed by the Tamil Nadu Pollution Control Board that in the existing authorization to 7 Gudalur Municipality for Windrow Composting of organic waste in S.F.No.195/2A, Gudalur Village, Ward-1 of Gudalur Town for the maximum quantity of 4.00 TPD, Micro Composting Center (proposed) in S.F.No.195/2A,GudalurVillage, Ward-1 of Gudalur Town for the maximum quantity of 5.00TPD, Composting by 18 Bulk Waste Generators for maximum 2.00 TPD and Home Composting in 914 households/small institutions for 3.00 TPD respectively. Likewise, in respect of Ooty Municipality the State Pollution Control Board has produced the copy of authorization issued to operate waste processing/re- cycling/treatment/disposal facility in Udagamandalam Municipality which is valid up to 31.03.2020 for Bio-methanization facility at Kadal Mukkonam I S.F.Nos.91,93,95 Block F2 Ward27 to the maximum quantity of 5.00 TPD, Micro Composting Center at Kadal Mukkonam in T.S.No.106, Block F2 Ward27 to the maximum quantity of 3.00TPD, Micro composting center at Kadal Mukkonam in T.S.No.107 Block F1 Ward27 to the maximum quantity of 2.00TPD, Micro composting center at Kurusady Colony T.S.No.84, Block F2 Ward 27 to the maximum quantity of 2.99TPD, Micro composting center at Kandhal STP in T.S.No.3,4, Bock F4 Ward 27 to the maximum quantity of 3.00TPD, Micro composting center at Stone House(old Ooty) in T.S.No.615, Block D Ward8 to the maximum quantity of 3.00 TPD, Micro composting center at Pudumund in T.S.No.12/9 Block B, Ward 3 to the maximum quantity of 2.00 TPD and on-site composting centers at 7 public places at Ambedkar Nagar, Upper Kodakamundu, Nandimedu, HPF Housing Colony, Elk Hill(2 Locations) of 0.50 TPD and composting by 45 Bulk Generators of 3.00 TPD. The statements which are accompanied by the authorization Letter No.10/2019 and 12/2019 dated 12.04.2019 are recorded,"
18. In the report dated 19.02.2020 also, the Chairman of the State Level Monitoring Committee has reported as follows:
"12. The Commissioner in charge of Gudalur Municipality shall take all effective steps to remove all the solid waste found in Thorappalli, Gudalur and report to the Committee. The DEE of the PCB, in his information to the Chairperson as stated above has stated that the RDMA, is personally supervising the removal of the old dumps at Thorappalli, and all the dumps will be removed in a period of two weeks. The efforts of the RDMA is commendable and she shall send the report of the status of removal to the Monitoring Committee.
13. The DFO, Gudalur, shall remove the concrete flooring on the portico of the new building meant for DFO's office, at R.S. No. 750/2, Makkamoola, Gudalur in order to prevent any damage to the redwood sandal trees and its root branches, and proceed further in respect of the building."
19. In the light of the report of the Joint Committee which has considered every objection raised by the applicant supported by the report of the State Level Monitoring Committee and also of the District Collector and Tamil Nadu Pollution Control Board, we are of the strong opinion that the applicant cannot have any grievance. When it is categorically found by the authorities that the Municipal Solid Waste Management Facility cannot be shifted from the existing place to Padanthorai Village, the applicant cannot insist on the same, more particularly when the residence of the applicant is found to be 800m away from the said facility and the Padanthorai Village is coming outside the purview of the Gudalur Municipal limits.
820. The applicant also seems to have made several attempts in this regard before the Hon'ble High Court of Madras unsuccessfully. Therefore, we see no merits in the case of the applicant and the same is disposed of based on the recommendations made by the Joint Committee.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No. 107/2022(SZ) 29th July, 2022. (AM) 9 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 107 of 2021 S.M. Sivan, Vs. The Government of Tamil Nadu and Ors.
O.A. No. 107/2021(SZ) 29th July, 2022. (AM) 10