National Green Tribunal
Aditya Shrivastava And Anr vs Urban Administration & Development ... on 22 July, 2025
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 157/2024(CZ)
IN THE MATTER OF:
1. ADITYA SHRIVASTAVA,
S/o Hariwansh Shrivastava,
Shiv Shakti Nagar, Vikas Pradhikaran,
TV Tower Road, Shivpuri, Madhya Pradesh
2. RIYA KHATRI,
D/o Shree Dheeraj Khatri,
Near Shree Sahab Kothi, Physical Road,
Shivpuri Madhya Pradesh Applicant(s)
Versus
1. URBAN ADMINISTRATION &
DEVELOPMENT DEPARTMENT,
GOVT. OF MADHYA PRADESH
Through the Secretary-in-charge Respondent No. 01
2. MADHYA PRADESH POLLUTION
CONTROL BOARD,
Through the Member Secretary
E-5, Arera Colony, Paryavaran
Parisar, Bhopal, Madhya Pradesh Respondent No. 02
3. THE COLLECTOR AND DISTRICT
MAGISTRATE,
District Shivpuri, Madhya Pradesh Respondent No. 03
4. MUNICIPAL COUNCIL OF SHIVPURI,
Through the Chief Municipal Officer,
Shivpuri, Madhya Pradesh Respondent No. 04
5. MADHYA PRADESH POLLUTION
CONTROL BOARD,
Through the Regional Officer
Regional Office- Guna, Madhya
Pradesh Respondent No. 05
6. CIRCLE JAIL, SHIVPURI,
Through Circle Jail Superintendent
Circle Jail, Shivpuri, Madhya Pradesh Respondent No. 06
1
O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration &
Development Dept., Govt. of Madhya Pradesh & Ors.
7. COUNTER INSURGENCY AND ANTI-
TERRORISM SCHOOL, CRPF,
Through IGP/ Principal, District
Shivpuri, Madhya Pradesh Respondent No.7
COUNSELS FOR APPLICANT(S):
Mr. Abhay Jain, Adv. with Ms. Rashika Narain, Adv.
COUNSELS FOR RESPONDENT(S):
Ms. Parul Bhadoria, Adv.
Mr. Jahoor Qureshi, Adv.
Mr. Mehul Bhardwaj, Adv.
Mr. IVO M.S. D' costa, Adv.
CORAM:
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Date of completion of hearing and reserving of order : 18.07.2025
Date of uploading of order on website : 22.07.2025
JUDGMENT
1. Issue raised in this application is compliance of Solid Waste Management Rules, 2016. It is alleged that the landfill site established by the Municipal Council of Shivpuri shares the boundary with the Circle Jail and is in close proximity to the CIAT School of the Central Reserve Police Force, and the Abadi area of Barodi, Ward No. 16 of Shivpuri Municipal area. The waste at the landfill site is dumped directly without any segregation, violating provisions of the Solid Waste Management Rules, 2016. Such violations result in large mounds of waste that catch fire on several occasions leading to great difficulty to all citizens in the area.
2O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. Further, there is no fence or boundary wall or gate around the site which leads to stray cattle entering the site and scattering all the waste. The Superintendent of Jail and the Deputy Superintendent of Jail have written to the Chief Municipal Officer, Municipal Council of Shivpuri and to the District Collector Shivpuri complaining of the foul smell, smoke from waste burning, and scattering of waste in the area.
2. It is stated that the Principal/IGP, CIAT School, CRPF, Shivpuri, has through their letter dated 01-07-2019, 23-08-2019, 09-11-2019, 23- 12-2019, 19-06-2020, 10-09-2020, 24-09-2020, 21-10-2020, 27-10- 2021, 29-11-2021, 09-11-2022, 19-12-2022 written to the Chief Municipal Officer, Municipal Council of Shivpuri and to the District Collector, Shivpuri, complaining of heavy air pollution because of burning of waste at the landfill site which is adversely affecting the staff and trainees at CRPF. In addition to the air pollution, the Principal/IGP also complained of spreading of polythene in the entire vicinity, dumping of dead animals creating foul smell, the toxic water from landfill site entering streams & contaminating groundwater. It is to be noted that from the last 4 years, the staff and trainees of CRPF have been suffering and forced to live in an unhealthy environment because of the lackadaisical approach of Municipal Council of Shivpuri to relocate the said landfill site. The location also lacks a waste management plan/system which further exacerbates the situation and makes the area prone to diseases like - Malaria, Dengue, etc.
3. It is further alleged that -
3O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. i. The method of dumping of municipal solid waste in the landfill site is in violation of Solid Waste Management Rules 2016.
ii. The Respondent should be held responsible for payment of environmental compensation in view of the guidelines issued by the NGT in OA no. 606/2018.
iii. Rule 11, 12 and 15 of the Solid Waste Management Rules are not being complied with.
iv. The frequent infection and diseases caused due to unscientific dumping of waste violate the fundamental right of right to life enshrined under Article 21 of the Constitution of India."
4. The matter was taken up by this Tribunal and notices were issued to the Respondents for submission of reply, in addition to constituting a Committee to visit the site and file the factual and action taken report.
In compliance of the order, the Respondents have filed the reply and Members of the Committee after visiting the site and examining the facts submitted the report.
5. Heard learned counsel for the parties and perused the records.
6. The submissions of the learned counsel for the Applicant are that the landfill site established by the Municipal Council, Shivpuri, shares the boundary with Circle Jail and is in close proximity to the CIAT School of Center Reserved Force and the dumping is not in accordance with the Solid Waste Management Rules and thus creating the health problem and thus, Superintendent of Jail and the Deputy Superintendent of Jail, have written to the Chief Municipal Officer for 4 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. taking necessary actions complaining of the foul smell, smoke from waste burning and scattering of waste in the area.
7. Rule 15 of the SWM Rules lays down the duties and responsibilities of local authorities, i.e. Shivpuri Municipal Council which are as follows:
"15. Duties and responsibilities of local authorities and village Panchayats of census towns and urban agglomerations - The local authorities and Panchayats shall:
...........
(b) arrange for door to door collection of segregated solid waste from all households including slums and informal settlements, commercial, institutional and other non residential premises. From multi-storage buildings, large commercial complexes, malls, housing complexes, etc., this may be collected from the entry gate or any other designated location;
............
(g) direct waste generators not to litter i.e throw or dispose of any waste such as paper, water bottles, liquor bottles, soft drink canes, tetra packs, fruit peel, wrappers, etc., or burn or bury waste on streets, open public spaces, drains, waste bodies and to segregate the waste at source as prescribed under these rules and hand over the segregated waste to authorised the waste pickers or waste collectors authorised by the local body;
..........
(j) ensure safe storage and transportation of the domestic hazardous waste to the hazardous waste disposal facility or as may be directed by the State Pollution Control Board or the Pollution Control Committee;
..............
(p) collect horticulture, parks and garden waste separately and process in the parks and gardens, as far as possible;
(q) transport segregated bio-degradable waste to the processing facilities like compost plant, bio-methanation plant or any such facility. Preference shall be given for on site processing of such waste; .............
(r) transport non-bio-degradable waste to the respective processing facility or material recovery facilities or secondary storage facility;5
O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors.
(s) transport construction and demolition waste as per the provisions of the Construction and Demolition Waste Management Rules, 2016; (zh) stop land filling or dumping of mixed waste soon after the timeline as specified in rule 23 for setting up and operationalisation of sanitary landfill is over;
(zi) allow only the non-usable, non-recyclable, nonbiodegradable, non- combustible and non-reactive inert waste and pre-processing rejects and residues from waste processing facilities to go to sanitary landfill and the sanitary landfill sites shall meet the specifications as given in Schedule-I, however, every effort shall be made to recycle or reuse the rejects to achieve the desired objective of zero waste going to landfill;"
8. Rules 11 of the SWM Rules imposes a duty on the Secretary-in-
Charge, Urban Development Department, to ensure wholesome implementation of the SWM Rules. The relevant clauses are listed below:-
"11. Duties of Secretary-in-Charge, Urban Development in the States and Union Territories ........
(d) ensure implementation of provisions of these rules by all local authorities;
(e) direct the town planning department of the State to ensure that master plan of every city in the State or Union territory provisions for setting up of solid waste processing and disposal facilities except for the cities who are members of common waste processing facility or regional sanitary landfill for a group of cities; and
(f) ensure identification and allocation of suitable land to the local bodies within one year for setting up of processing and disposal facilities for solid wastes and incorporate them in the master plans (land use plan) of the State or as the case may be, cities through metropolitan and district planning committees or town and country planning department;
(g) direct the town planning department of the State and local bodies to ensure that a separate space for segregation, storage, decentralised processing of solid waste is demarcated in the development plan for group housing or commercial, institutional or 6 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors.
any other non-residential complex exceeding 200 dwelling or having a plot area exceeding 5,000 square meters;"
9. Under Rule 16, the State Pollution Control Board or Pollution Control Committee has a duty to ensure enforcement of SWM Rules by local authorities and review its implementation:-
"16. Duties of State Pollution Control Board or Pollution Control Committee - (1)
(a) enforce these rules in their State through local bodies in their respective jurisdiction and review implementation of these rules at least twice a year in close coordination with concerned Directorate of Municipal Administration or Secretary-in-charge of State Urban Development Department;
(b) monitor environmental standards and adherence to conditions as specified under the Schedule I and Schedule II or waste processing and disposal sites;"
10. Further, Rule 12 of SWM Rules provides that the District Magistrate or District Collector has a duty to facilitate the implementation of the rules by undertaking the following measures:-
"12-Duties of District Magistrate or District Collector
(a) facilitate identification and allocation of suitable land as per clause (f) of rules 11 for setting up solid waste processing and disposal facilities to local authorities in his district in close coordination with the Secretary-in-charge of State Urban Development Department within one year from the date of notification of these rules;
(b) review the performance of local bodies, at least once in a quarter on waste segregation, processing, treatment and disposal and take corrective measures in consultation with the Commissioner or Director of Municipal Administration or Director of local bodies and secretary-
in-charge of the State Urban Development."
11. The submissions of the learned counsel for the Applicant are that the frequent infection and diseases caused due to unscientific dumping of waste and thus violates the fundamental right enshrined under Article 7 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. 21 of the Constitution of India. The Constitution of India enumerates fundamental rights in Part III, among which is the right to life enshrined under Article 21. The Supreme Court has consistently broadened the purview of Article 21 to include the right to life with dignity, personal liberty, and environmental considerations.
12. The Hon'ble Supreme Court in Municipal Council, Ratlam vs. Vardhichand (1980)4 SCC 162 and B.L. Wadhera v. Union of India and Ors. (1996) 2 SCC 594 laid down that a clean environment is a fundamental right of citizens under Article 21 and it is for the local bodies as well as the State to ensure that public health is preserved by taking all possible steps. For doing so, financial inability cannot be pleaded.
13. Further, the Hon'ble Supreme Court in the case of A.P. Pollution Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC 718 elevated the Right to a clean and healthy environment to the status of a fundamental human right under Article 21. The relevant portion of the judgment is produced below:-
"57. Environmental concerns arising in this Court under Article 32 or under Article 136 or under Article 226 in the High Courts are, in our view, of equal importance as human rights concerns. In fact, both are to be traced to Article 21 which deals with the fundamental right to life and liberty. While environmental aspects concern "life", human rights aspects concern "liberty". In our view, in the context of emerging jurisprudence relating to environmental matters, as is the case in matters relating to human rights, it is the duty of this Court to render justice by taking all aspects into consideration. With a view to ensure that there is neither danger to the environment nor to the ecology and, at the same time, ensuring sustainable development, this Court in our view, can refer scientific and technical aspects for investigation and opinion to expert bodies such as the appellate authority under the National Environmental Appellate Authority Act, 1997."8
O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors.
14. The Hon'ble Supreme Court in the case of M.C. Mehta v. Union of India (Kanpur Tanneries 22-9-87), (1987) had established that the right to a healthy and clean environment is integral to the Right to Life. The relevant excerpt from the judgment is reproduced below:-
"4. .... Man is both creature and moulder of his environment which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet a stage has been reached when through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man's environment, the natural and the manmade, are essential to his well being and to the enjoyment of basic human rights -- even the right to life itself......."
15. Further, in the case of M.C. Mehta v. Kamal Nath, (2000) 6 SCC 213 the Apex Court had recognized that Article 48- A and Article 51-A(g) should be construed within the ambit of Article 21. The relevant excerpt from the judgment is provided below:-
"8. Apart from the above statutes and the rules made thereunder, Article 48-A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. One of the fundamental duties of every citizen as set out in Article 51-A(g) is to protect and improve the natural environment, including forests, lakes, rivers and wildlife and to have compassion for living creatures. These two articles have to be considered in the light of Article 21 of the Constitution which provides that no person shall be deprived of his life and liberty except in accordance with the procedure established by law. Any disturbance of the basic environment elements, namely air, water and soil, which are necessary for "life", would be hazardous to "life"
within the meaning of Article 21 of the Constitution."
9O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors.
16. It is further argued by the learned counsel for the Applicant that Hon'ble Supreme Court in Virender Gaur v. State of Haryana, (1995) 2 SCC 577, considered the enjoyment of live and attainment of human dignity encompassing the protection and preservation of the environment, ecological equilibrium, devoid of air and water pollution, and sanitation, without which life cannot be enjoyed. Relevant excerpts from the aforementioned judgment is as follows:-
"7. Article 48-A in Part IV (Directive Principles) brought by the Constitution 42nd Amendment Act, 1976, enjoins that "the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country". Article 47 further imposes the duty on the State to improve public health as its primary duty. Article 51-A(g) imposes "a fundamental duty" on every citizen of India to "protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures". The word 'environment' is of broad spectrum which brings within its ambit "hygienic atmosphere and ecological balance". It is, therefore, not only the duty of the State but also the duty of every citizen to maintain hygienic environment. The State, in particular has duty in that behalf and to shed its extravagant unbridled sovereign power and to forge in its policy to maintain ecological balance and hygienic environment. Article 21 protects right to life as a fundamental right. Enjoyment of life and its attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. Any contra acts or actions would cause environmental pollution. Environmental, ecological, air, water, pollution, etc. should be regarded as amounting to violation of Article 21. Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment. Environmental protection, therefore, has now become a matter of grave concern for human existence. Promoting environmental protection implies maintenance of the environment as a whole comprising the man-made and the natural environment. Therefore, there is a constitutional imperative on the State 10 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. Government and the municipalities, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve both the man-made and the natural environment."
17. During the course of hearing, this Tribunal constituted a Committee directing to submit the factual and action taken report. The members of the Committee after visiting the site submitted the report with the following facts:-
"Comments on the point wise issue raised:
S. No. Brief of Complaint Fact's
1. It is alleged that the landfill The applicant referred the landfill site site established by the which is not Scientifically developed Municipal Council of Shivpuri secured land fill site accordance with shares the boundary with the the SWM rules 2016 & as per CPCB Circle Jail and is in close Guideline rather it is merely dump proximity to the CIAT School of site for Municipal solid waste. Dump the Central Reserve Police site of Municipal Council allotted by, Force, and the Abadi area of Collector Shivpuri vide order dated Barodi, Ward No. 16 of 20/08/2004 at Barodi Survey Shivpuri Municipal area. No.550, Area 4.672 Hact. Copy of NGT order is attached as Annexure
06. At that time there were no institutions (Circle Jail & CIAT School CRPF) & residential area. There is a 5-7 feet height of the boundary wall around the dump site and a gate is installed at the main entrance. The quantity of legacy waste kept inside the boundary wall is more than 71,328 MT. CIAT School CRPF from dump Site is about 600 meters in the west direction. Crops are being cultivated in the Vacant land between dump site and CIAT School. CIAT School, CRPF started year 2009, Before this there was a group Center 11 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. Since 1993.The construction work of Circle Jail building started in the year 2005 and it was inaugurated on 25- 02-2019. Circle Jail is in the north-
east direction from the dump site. The first boundary wall, about 15-20 feet high is built around the Circle Jail.
About 100-125 meters outside the first boundary wall there is a second boundary wall, whose height is about 7-8 feet. Which is adjoining of the boundary wall of the dump site.
There is about 100-125 meter wide
vacant land between the two
boundary walls of circle jail. Barodi
residential area is about 100 meters
in the south-east direction from the
dump site. Google map showing
dump site & surrounding area is
attached as Annexure 07.
2. The waste at the landfill site is Municipal Council Shivpuri is
dumped directly without any collecting door to door waste (wet
segregation, violating waste and dry waste) separately and
provisions of the Solid Waste keeping it in vehicles which is being
Management Rules, 2016. dumped together at the dump site, Such violations result in large which is in violation of the Solid mounds of waste that catch fire Waste (Management) Rules 2016. As on several occasions leading to per Chief Engineer, Urban great difficulty to all citizens in Administration and Development, the area. Further, there is no Bhopal (M.P.) vide letter no. 5844 fence or boundary wall or gate dated 24/05/2023. Information has around the site which leads to been sent to Hon'ble NGT in the case stray cattle entering the site no. 606/2018 in compliance order and scattering all the waste. dated 10/11/2022, the quantity of legacy waste has been kept at 71,328 MT. DPR and RFP have been prepared for remediation of legacy waste. The said information is attached as Annexure 08.12
O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors.
3. The Superintendent of Jail and There is a boundary wall around the the Deputy Superintendent of dump site and the waste is kept Jail have written to the Chief inside it. There is a problem of foul Municipal Officer, Municipal smell and flies in the dump site area. Council of Shivpuri and to the At the time of inspection, no burning District Collector Shivpuri of garbage or smoke was seen at the complaining of the foul smell, dump site. Ambient air quality smoke from waste burning, monitoring has been done on dated and scattering of waste in the 15/07/2024 near dumping site area. Barodi monitoring report is attached as Annexure 09. Report indicates results are within CPCB norms.
4. The Principal/IGP, CIAT School, The Committee visited the site & CRPF, Shivpuri has written to taken a bird eye view from the CIAT the Chief Municipal Officer, School CRPF building roof top which Municipal Council of Shivpuri indicates the site is about 800 MT and to the District Collector, away from CIAT school CRPF & Shivpuri complaining of heavy dense plantation & boundary wall air pollution because of burning are existing in in between & impact of of waste at the landfill site any smell & smoke was not observed, which is adversely affecting However the Deputy commandant the staff and trainees at CRPF. representative of CIAT school CRPF The location also lacks a waste inform that in summer in case of fire management plan/system & dumping of waste smoke & smell which further exacerbates the are observed. The information situation and makes the area regarding Dengue & malaria due to prone to diseases like Malaria, breeding of mosquitoes at dump site Dengue, etc. were reported as nil District hospital letter dated 19/07/2024 is attached as Annexure 10. However, The Deputy commandant of CIAT school CRPF informed that the case of malaria & mosquitoes were happened in the past information is attached as Annexure-11.
5. In addition to the air pollution, CIAT School, CRPF from dump Site is the Principal/IGP also about 600 meters in the west complained of spreading of direction. Crops are being cultivated polythene in the entire vicinity, in the empty land .polythene was not 13 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. dumping of dead animals found spread on this land. Dump site creating foul smell, the toxic Ground water Quality:- (1) Tub-well water from landfill site entering water sample, from Barodi, Approx streams & contaminating 200 mt. away from dump site is groundwater. collected & analyzed. The quality of drinking water is potable as per IS 10500. (2) Second water sample for reference, collected Barodi about 1.0 Km away from dump site is collected for analysis. The analysis report is attached as Annexure 12.
6. It is to be noted that from the Identification of land & inclusion in last 4 years, the staff and city master plan or city development trainees of CRPF have been plan:- Planning for solid waste suffering and forced to live in management treatment & processing an unhealthy environment Facilities should begin with the because of the lackadaisical identification of suitable land duly approach of Municipal Council allowing adequate buffer areas as per of Shivpuri to relocate the said Schedule -I of Solid waste landfill site. management rules 2016 (specification for sanitary landfills). The city master plan & town planning or spatial planning maps should identify & reserve such land for Solid waste management facilities. The requirement of land is to be calculated based on a tentative assessment of possible disposal options available to the ULB. Land clearance from concerned by the ULB at the earliest possible instance, thereby avoiding inadvertent delays during the implementation process. Sitting of Solid waste management processing & disposal facilities should be based on environmental consideration.
Committee reviewed the city development plan of Shivpuri-2035 & observed that the area of dump site is 14 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors.
not earmark in the clearly in
approved plan. Copy of City
development plan map is attached as
Annexure 13.
8. It is further alleged that the Court case has been file against
method of dumping of municipal council under Environment
municipal solid waste in the (Protection) Act 1986 for violation of
landfill site is in violation of Solid Waste (Management) Rules
Solid Waste Management Rules 2016. Copy of court case (CNR No. MP 2016. & Rule 11,12 and 15 of 33010038942024), is attached as the Solid Waste Management Annexure 14.
Rules are not being complied with.
9. The Respondent should be held For violation of solid waste responsible for payment of management rules 2016. environmental compensation in Environmental Compensation Rs. 66 view of the guidelines issued Lac has been imposing by the board by the NGT in OA no. vide L.No.174 Dt.24/12/2021 606/2018. incompliance of Hon'ble NGT order case no. OA 606/2018 is attached as Annexure 15.
18. The learned counsel for the Respondent No.6 submitted that during the inspection it was observed that approximately 450 to 500 inmates, along with the officers and staff of Shivpuri Jail, are facing severe discomfort due to the infestation of flies caused by the nearby trenching ground, especially during the rainy season and winter season. Despite the dire situation, no remedial measures have been taken by the Shivpuri Municipal Council. It is stated that that the fly infestation poses a severe risk of contamination to the food prepared for the inmates, including pulses, vegetables, bread, and tea, potentially leading to widespread illness among the prisoners. In the winter season, high-pressure air spreads toxic smoke throughout the jail premises, making it difficult to breathe. Additionally, during the 15 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. winter, foul odors from burning garbage, including dead animals, create unbearable conditions. It is further stated that the inspection conducted by the committee clearly identified the presence of flies and a foul smell within the jail premises and recognized the urgent need for remedial action. However, it was also noted that without a permanent solution, this problem is unlikely to be resolved. It is further stated that with the onset of winter, the smoke from burning garbage at the trenching ground has worsened significantly. The colder air traps the smoke, creating a layer of smog that severely affects the air quality within the jail premises and surrounding areas.
Inmates, jail staff, and nearby residents, including those at the CRPF Training School, are finding it increasingly difficult to breathe, heightening the risk of respiratory problems.
19. The submission of the learned counsel for the Municipal Council, Shivpuri, Respondent No.4, is that illegal encroachment has been established in the surrounding area of designated dumping site. Such unauthorized occupation or development create challenges in maintaining the intended purpose and operation of the site. It is further submitted that the answering Respondent has repeatedly informed the administration of removal of the encroachments. With regard to smoke and the air quality, it has been submitted that the ambient air quality was found as per standard and there was no smell and smoke observed. It is further submitted that the steps are being taken to dispose the solid waste in accordance with the Solid Waste Management Rules, 2016.
20. In response to the reply submitted by the Respondents and the Joint Committee Report, the submissions of the learned counsel for the 16 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. Applicant are that despite the high walls, garbage mounds are higher, there is great risk to health as safety of residents in the vicinity. It is further submitted that the provisions contained in Rules, 2016, have not been strictly complied with and the District Hospital reported some cases of malaria and dengue and necessary steps are required to be taken by the Health Department. The SPCB was directed to visit the site and submit the factual report and after visiting the site it is reported as follows:-
"Background:-
The Hon'ble National Green Tribunal (CZ) vide order dated 22.04.2025 directed Regional Officer of State PCB to visit the site and submit the report after examining the status in the area where the CRPF Training Centre is situated and submit the report within three weeks. Annexure-1.
In compliance to above direction dumpsite of Municipal Council, Barodi Shivpuri was inspected on 26.04.2025 by the following officials of MPPCB-
1. In-charge Nagar Palika Parisad Shivpurı CMO- Shri Sachin Chouhan.
2. Shri Pawan Kumar Singh, Assistant Commandant - CIAT School CRPF Shivpuri.
3. Shri Ramshromani Pandey, Deputy Jailor Circle Jail, Shivpuri.
Details of MSW Dumpsite Barodi:-
The District Collector, Shivpuri allotted the S.No 550, area- 4.572 hect. land for MSW dumping site vide order number 3/2003-04/B- 121 dated 20.08.2004 at village Barodi, and further S.No 233, area 2.0 hect. of land was also allotted by Collector, Shivpuri for MSW dumping site vide order No. PCR/0026/A-20(5)/2023-24/34 dated 13.06.2024 at vill. Magrora, Shivpuri Annexure 02-03.
Current status of surrounding area of existing MSW Site:-
17O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. Resources available with the ULB for collection of MSW:-
As per information provided by Municipal Council, Shivpuri, vide letter No Q dated 26/04/2025 current population of Shivpuri city is about 2.50 lakh. The ULB generates total of 72 tones of MSW/day. In order to collect the said quantity of MSW, 32 garbage vehicles, 02 dumpers, 07 tractor trolleys and 400 sweepers have been deployed. The collected MSW of the city is being dumped at the dump site Barodi.
Details of plant machinery installed at the dumping site:- A concrete boundary wall has been built around the dump site at Barodi having Iron Gate at the main entrance. A concrete road has been built for the vehicles to enter the dump site. There is a fecal sludge treatment plant, MRF plant, 11 separate compartments for segregation of waste, 01 nos. shredder, and 01 no. Elbow machine, 01 no. veiling machine, 12 composting pits, 02 DG sets each Capacity of 62.5 KVA, 01 dumper, 01 JCB machine and 01 screening plant of capacity 25 tone/hour are installed at the dump site.
Information regarding Legacy Waste Processing:-
Municipal Council, Shivpuri issued work order vide letter No. 4215 dated 04.10.2024 to M/s Environmental Technology, Shanti Niketan Apartment, Agra (U.P.) for Remediation Through Bioremediation Booming and Disposal Of Residual Legacy Waste.
Pollution, foul smell, mosquitoes, flies problem around dumping site:-18
O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. Around the dumping site there are residential areas, Circle jail, CIAT school of CRPF.
Due to legacy waste dumping site, there is a problem of foul smell, mosquitoes, and flies in the surrounding area. Dead animals are also dumped at the dump site by Municipal Council, Shivpuri, which also causes foul smell in the surrounding area. During fire in legacy waste, nearby people has to face the problem of air pollution and foul smell. Municipal council Shivpuri has not made any effective arrangements for extinguishing fire in the dumping site.
Panchnama has been prepared at the time of inspection which is attached as Annexure 07.
Information regarding fire/burning of legacy waste:- In summer season fire was seen smoldering and burning at various places in the legacy waste stored at the dumping site, Due to which, foul smell and air pollution was observed in the surrounding area. No action was seen to extinguish the fire at the dumping site. Photographs taken on 28.03.2025, 26.04.2025 & 03.05.2025 are attached as Ambient air quality Monitoring:-
Ambient air quality monitoring was done around the waste dumping site of Barodi on 03.05.2025. In which samples of PM2.5, PM10, So2, No2, were taken. During monitoring, the wind flowing from north to south and was fluctuating in south-west and south-east direction.19
O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. Due to the burning of legacy waste in the windward direction ic., from north to south and fluctuating in the SW & SE direction the values of PM10 & PM2.5 are exceeding from the standards prescribed by CРСВ.
Identification of land & inclusion in city master plan or city development plan:-
Planning for solid waste management treatment & processing Facilities should begin with the identification of suitable land duly allowing adequate buffer areas as per Schedule -I of Solid waste management rules 2016 (specification for sanitary landfills). The city master plan & town planning or spatial planning maps should identify & reserve such land for Solid waste management facilities. The requirement of land is to be calculated based on a tentative assessment of possible disposal options available to the ULB. Land clearance from concerned by the ULB at the earliest possible instance, thereby avoiding in advertent delays during the implementation process. Establishment of Solid waste management processing & disposal facilities should be based on environmental consideration.
Earlier Joint Committee reviewed the city development plan of Shivpuri-2035 & observed that the area of dump site is not earmark in the clearly in approved plan.
Environmental Compensation: -
The details of environmental compensation imposed against Municipal Council, Shivpuri in compliance with the orders dated 25.02.2020, 28.02.2020 and 14.12.2020 passed in case number OA 606/2018 of Hon'ble NGT (PB), New Delhi are as follows Annexure 11 and 12.20
O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. The Collector, Shivpuri has written a letter to Tehsildar, Shivpuri for recovery of environmental compensation vide letter DUDA/2025/263 dated 03.04.2025.
Tehsildar, Shivpuri has issued a demand letter to CMO, Municipal Council, Shivpuri vide DD letter no. 364 date 23.04.2025 under section 146 of Madhya Pradesh Land Revenue Code.
Details of Court case file against the Municipal Council, Shivpuri:-
MP Pollution Control Board has filed court case against Municipal Council, Shivpuri in violation of provisions of Solid Waste Management Rules 2016 under Sections 15, 16, 17 and 21 of the Environment (Protection) Act 1986 before the Hon'ble Chief Judicial Magistrate, Shivpuri on dated 08.07.2024 (CNR No. MP 33010038942024)."
21. The issues of solid as well as liquid waste management are being monitored by this Tribunal as per orders of the Hon'ble Supreme Court order dated 02.09.2014 in Writ Petition No. 888/1996, Almitra H. Patel vs. Union of India & Ors., with regard to solid waste management and order dated 22.02.2017 in W.P. No. 375/2012, reported in (2017) 5 SCC 326, Paryavaran Suraksha vs. Union of India, with regard to liquid waste management. Other related issues include pollution of 351 river stretches, 122 non-attainment cities in 21 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors.
terms of air quality, 100 polluted industrial clusters, illegal sand mining etc. have also been dealt with earlier but currently proceedings are confined to two issues of solid waste and sewage management.
Similarly, the issue of liquid waste management, vide judgment of the Hon'ble Supreme Court in Paryavaran Suraksha (2017) 5 SCC 326, the Hon'ble Supreme Court fixed deadline for setting up of treatment plants within three years which was to be monitored by this Tribunal.
During the course of hearing in various matters of all the States and District Headquarters, it was found by various orders that large scale non-compliance of environmental norms was continuing which was reportedly resulting in deaths and diseases and irreversible damage to the environment. Directions for remedial action were issued which include constitution of a four member special task force in every district having - one each nominated by District Magistrate, Superintendent of Police, State Pollution Control Boards and District Legal Services Authority (DSLAs) for awareness about SWM Rules, 2016 by involving educational, religious and social organizations including local Eco-clubs. Involvement of DLSAs was subject to the approval of the National Legal Services Authority (NALSA) which is the apex body under the Legal Services Authorities Act, 1987. It was observed that Information, Education and Communication (IEC) programmes can go a long way for protection of the environment.
Such program can be successful if network of Legal Services Authorities and Educational Institutions at every level is involved.
22. Vide order dated 28.02.2020 dealing the matter of the solid waste and liquid waste, this Tribunal in the above noted case directed the States as follows:-
22O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. a. In view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted, interim compensation scale is hereby laid down for continued failure after 31.03.2020. The compliance of the Rules requires taking of several steps mentioned in Rule 22 from Serial No. 1 to 10 (mentioned in para 12 above). Any such continued failure will result in liability of every Local Body to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs.1 lakh per month per other Local Body from 01.04.2020 till compliance. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies.
Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal. Final compensation may be assessed and recovered by the State PCBs/PCCs in the light of Para 33 above within six months from today. CPCB may prepare a template and issue an appropriate direction to the State PCBs/PCCs for undertaking such an assessment in the light thereof within one month.
b. Legacy waste remediation was to 'commence' from 01.11.2019 in terms of order of this Tribunal dated 17.07.2019 in O.A. No. 519/2019 para 28 even though statutory timeline for 'completing' the said step is till 07.04.2021 (as per serial no. 11 in Rule
22), which direction remains unexecuted at most of the places and delay in clearing legacy waste is causing huge damage to environment in monetary terms as noted in para 33 above, pending assessment and recovery of such damage by the concerned State 23 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. PCB within four months from today, continued failure of every Local Body on the subject of commencing the work of legacy waste sites remediation from 01.04.2020 till compliance will result in liability to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal. Final compensation may be assessed and recovered by the State PCBs/PCCs in the light of Para 33 above within six months from today.
c. Further, with regard to thematic areas listed above in para 20, steps be ensured by the Chief Secretaries in terms of directions of this Tribunal especially w.r.t. plastic waste, bio-medical waste, construction and demolition waste which are linked with solid waste treatment and disposal. Action may also be ensured by the Chief Secretaries of the States/UTs with respect to remaining thematic areas viz. hazardous waste, e- waste, polluted industrial clusters, reuse of treated water, performance of CETPs/ETPs, groundwater extraction, groundwater recharge, restoration of water bodies, noise pollution and illegal sand mining.
d. The compensation regime already laid down for failure of the Local Bodies and/or Department of Irrigation and Public Health/In-charge Department to take action for treatment of sewage in terms of observations in Para 36 above will result in liability to pay compensation as already noted above which are reproduced for ready reference:
i. Interim measures for phytoremediation/ bioremediation etc. in respect of 100% sewage to 24 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. reduce the pollution load on recipient water bodies - 31.03.2020. Compensation is payable for failure to do so at the rate of Rs. 5 lakh per month per drain by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f.
01.04.2020.
ii. Commencement of setting up of STPs -
31.03.2020. Compensation is payable for failure to do so at the rate of Rs. 5 lakh per month per STP by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2020.
iii. Commissioning of STPs -
31.03.2021. Compensation is payable for failure to do so at the rate of Rs. 10 lakh per month per STP by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2021.
e. Compensation in above terms may be deposited with the CPCB for being spent on restoration of environment which may be ensured by the Chief Secretaries' of the States/UTs.
f. An 'Environment Monitoring Cell' may be set up in the office of Chief Secretaries of all the States/UTs within one month from today, if not already done for coordination and compliance of above directions which will be the responsibility of the Chief Secretaries of the States/UTs.
g. Compliance reports in respect of significant environmental issues may be furnished in terms of order dated 07.01.2020 quarterly with a copy to CPCB."
23. Issue of liquid waste management was separately dealt with in OA 593/2017 on directions of Hon'ble Supreme Court and in suo motu proceedings for restoration of 351 identified polluted river stretches in OA 673/2018. Vide order dated 28.08.2019, the Tribunal directed 25 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. that 100% sewage treatment must be ensured by all local bodies. Vide further order dated 06.12.2019 in O.A. No. 673/201810, the Tribunal directed that for failure to commence in-situ remediation, compensation will be payable at the rate of Rs. 5 lakh per month per drain after 31.03.2020 and for failure to commence setting up of STPs after 31.03.2020 compensation is to be paid at the rate of Rs. 5 lakh per month per STP. For failure to complete the project, compensation has to be paid at the rate of Rs. 10 lakh per STP per month after 31.03.2021. Relevant part of the order is quoted below:-
"47. (i) 100% treatment of sewage may be ensured as directed by this Tribunal vide order dated 28.08.2019 in O.A. No. 593/2017 by 31.03.2020 atleast to the extent of in- situ remediation and before the said date, commencement of setting up of STPs and the work of connecting all the drains and other sources of generation of sewage to the STPs must be ensured. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as already directed vide order dated 22.08.2019 in the case of river Ganga i.e. Rs. 5 lakhs per month per drain, for default in in-situ remediation and Rs. 5 lakhs per STP for default in commencement of setting up of the STP.
ii. Timeline for completing all steps of action plans including completion of setting up STPs and their commissioning till 31.03.2021 in terms of order dated 08.04.2019 in the present case will remain as already directed. In default, compensation will be liable to be paid at the scale laid down in the order of this Tribunal dated 22.08.2019 in the case of river Ganga i.e. Rs. 10 lakhs per month per STP."
24. The Tribunal further observed in para 29 as follows:-
26O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors.
"We have noted the gaps in generation and processing of waste and need to address the same in the interest of protection of environment and public health. Such gaps exist even after monitoring of issue of solid waste management from 1996 to 2014 by the Hon'ble Supreme Court and for the last nine years by this Tribunal as far as solid waste is concerned and monitoring of issue of water pollution for decades by the Hon'ble Supreme Court in the context of Ganga, Yamuna and other rivers and water bodies by discharge of sewage and other waste, apart from industrial pollution. There are policies of Central Government like swachh bharat and Namami Gange. Still, there are mountains of garbage generating methane and other gases which are source of pollution causing diseases and deaths, apart from occupying huge valuable public resource. Segregation of biodegradable waste and its processing closest to the point of generation is a task which requires good governance and according of high priority. Similarly, preventing sewage discharge into the sources of drinking water has to receive highest priority. Such discharge results in scarcity of drinking water for all living beings apart from degradation of environment and damage to public health. Gaps in compliance have been noted earlier. The Hon'ble Supreme Court vide order dated 22.2.2017 in Paryavaran Surakhsha fixed three year deadline for waste water treatment systems which has been monitored by the Tribunal in the last six years. Discharge of sewage in drains leading to rivers, lakes, sea or in water bodies and lands has led to serious damage to environment and public health and needs to be addressed on war footing, using indigenous technology wherever viable or such other technology but no drop of sewage can be mixed in drinking water. Timelines are deviated without accountability. There is no justification of any further delay having regard to adverse impact on humanity and citizens' right of access to drinking water. Sewage continues to be mixed in sources of drinking water to the detriment of public health and environment for which earnest efforts are required in the highest level of administration. There was no dearth of technology and no 27 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. justification of repeated and unending extensions of timelines without fixing accountability for past delays."
25. Order dated 11.05.2023 relating to the repeated gap existing in some of the States, the observations are as follows:-
1"28. There appears to be need for change at policy and execution level after study of success stories elsewhere and in the light of several orders of the Tribunal dealing with the issue in respect of other States, particularly relating to solid waste management at Indore and low-cost sanitation management adopting Seechewal Model12 at least for flat terrain and fecal sludge treatment plant at some of the Towns in Odisha13. There has to be a dedicated Cell in the office of the Chief Secretary manned by senior level officers to coordinate such serious issues to regularly monitor progress of execution of projects on time and maintaining inter-departmental co- ordination.
It is necessary to ensure that wet solid waste (bio- degradable) is kept separate from dry waste (non- biodegradable and recyclable) at all source generating levels, collection, transportation or handling which can inter alia be resource for compost or biogas generation. Dry waste can be separately handled by setting up Material Recovery Facility with sorting mechanism for further recycling or reuse. It is necessary that District Headquarters and Semi Urban and Rural Areas after segregation of waste and the waste which is recyclable, need to be properly coordinated for utilization like in cement kilns and by the authorized scrap dealers/recyclers.
Similarly, the sewage after necessary treatment can be utilized for agriculture or other non-potable purposes. The decentralized technology or traditional technologies may also be explored. It would also be necessary to address issue about continuation of septic tanks and soak pit methods as acceptable methodologies approved for bridging the gap and perspective in terms of environmental aspects. Our further observations follow.28
O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. Solid Waste Management
29. Collection, Segregation, transportation and processing of waste has to be as per SWM Rules 2016. Thus, for addressing the issue of bridging the gap in management of MSW (which is 252.60 TPD), segregation of the solid waste at source and its earliest processing nearest to the point of generation with defined destination is imperative. The available potential sites for waste processing need to be identified. The data presented shows gap in solid waste processing in urban and for rural areas no status has been reported. In particular, adequate compositing/vermicomposting/ bio- methanation centers need to be set up and upgraded nearest to the source of generation of wet solid waste and listing people's involvement. Use of wet biodegradable waste as animal feed for Piggeries etc. can also be explored without causing environmental nuisance. This may also require establishing de-centralized and centralized waste processing facilities. In the name of pit composting, the waste should not be just dumped causing environmental havoc. Waste generators can themselves be required to process the waste under guidance and handholding by the Administration, with the assistance of identified empaneled service providers and such details may be posted on State's/Center's GeM portal. This may perhaps reduce planned expenditure. Composting and bio- methanation has to be undertaken considering the climatic conditions. Quality of compost so produced may be periodically verified. Keeping these aspects in view, the State needs to strengthen and augment waste processing/treatment facilities at SWM centres and at the point of waste generation. Setting up SWM centres may be considered for all the district headquarters and semi- urban and rural areas as per geographical/regional needs or improved version of waste processing be adopted at the point of generation to effectively utilize 100% segregated waste.
30. In the context of Uttarakhand, specific actions are required to discourage valley dumping particularly by 29 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. roadside dhabas/restaurants and house dwellers. For such establishments, awareness and punitive actions need to be taken. Further, tourists visiting the State need to be made aware for prohibiting 'use and throw' of non-biodegradable waste.
The Tribunal, vide order dated 08.02.2023 in OA No. 561/2022, Urvashi Shobhna Kachari vs. Union of India & Ors., while dealing the issue relating to violation of environmental norms along the pilgrim tracks of Kedarnath, Hemkund Sahib, Yamunotri and Gomukh has observed and directed on management of waste and the relevant part of the order is reproduced below:
"6. ... The action plan may also include discouraging use of food and products packed in non-biodegradable packaging material, encouraging depositing waste at designated places, involving citizens - the youth, house- wives and senior citizens in guiding tourists in maintaining cleanliness and hygiene. The taxi drivers and bus drivers may also be involved in creating awareness among the tourists. The execution of action plan may be duly monitored in the light of experience gained, the plan may be revised periodically every seasons or as per need. Waste processing/management facilities for bio-degradable and non-biodegradable waste may be set up at appropriate locations which may be set up on contract basis or otherwise, using best practices on the subject. Requisite funds be allocated at district and gram panchayat level for execution of action plan which may be monitored at District Magistrate level and finally supervised by the Chief Secretary."
31. It is observed that there is 15.75 lakh MT of legacy waste at 9 sites and 4 sites have been remediated. It is necessary to remediate legacy waste ensuring that no such sites are created at any other locations and waste is continuously processed instead of being stored. Technical assistance of CPHEEO of MoHUA and CPCB may be sought about the way forward to remediate the sites in question. Suitable service providers or other consulting technical institutions may be consulted if necessary and thereafter 30 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. execution can be done departmentally. This aspect may be considered in next four months. Legacy waste site(s) must be maintained free from fires and safety of workers engaged should be ensured. Such sites may be fenced with row of trees or wall, as may be viable, for aesthetics, preventing foul smell and safety. Provisions of Schedule-I of the SWM Rules, 2016 may be strictly followed. Water quality in the vicinity of legacy waste dump sites may be periodically monitored. If any contamination is found, remedial action may be taken. Environmental safety aspects associated with legacy waste dump sites be complied with as specified in Schedule I of MSW Rules, 2016. All efforts may be made that towns/villages located on hilly terrain, do not dispose waste on sloppy terrain thereby affecting streams and rivers. Such hilly towns need to follow MSW Rules, 2016. Disposal of waste, particularly plastics, metallic containers, etc., at hill slopes and in forests has to be checked. Composting and bio-remediation of legacy waste may be done simultaneously. The Tribunal has disposed the matters relating to SWM and directing to take remedial actions and these are to be complied with.
Use of reclaimed land occupied by legacy waste sites As already mentioned earlier, legacy waste dump sites have resulted in huge damage to the environment and population residing in the vicinity of such dump sites who have suffered in safety, health and comfort. For compensating them for such damage, particularly at flat terrain, one third of land occupied by legacy dump sites (on reclamation) needs to be reserved for dense forest and in the process of afforestation, Campa Funds can be utilized in accordance with the provisions of Compensatory Afforestation Fund Management and Planning Authority Act, 2016 (CAMPA Act). One third of reclaimed land out of the said dump site needs to be reserved for integrated waste management facilities. Remaining one third can be used for any other purpose, consistent with the above purposes, including a part of it being utilized for monetizing, if funding is required for tackling the legacy waste. Legacy waste clearance has to be in minimum further time as laid down statutory timelines 31 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. have already expired and serious damage is taking place. It may be noted that remediation of legacy sites may be one time affair and such situations should not arise in future. User of land, to be reclaimed, needs to be declared in advance so that further steps can be taken in that direction. This is in line with order of this Tribunal dated 11.10.2022 in OA No. 300/2022, In re: News item published in News 18 dated 26.04.2022 titled "Delhi: Massive Fire at Bhalswa Dump Yard, Fourth This Year; 13 Fire Tenders on Spot".
33. To summarize the foregoing observations, the execution plan for solid waste management would include setting up of requisite waste processing plants (centralized and decentralized) to bridge the gap of 252.60 TPD and remediation of 15.75 lakh MT left out legacy waste. Bio- remediation/bio-mining process need to be executed as per CPCB guidelines and the stabilized organic waste from biomining as well as from compost plants need to comply with laid down specifications. Other material recovered during such processes is to be put to use through authorized dealers/handlers /users. Instead of creating more dumping sites for waste generated on day-to-day basis, waste processing plants of adequate capacity should be set up so that no further legacy waste is generated. It may be worthwhile to take into consideration guidelines on the subject issued by the Ministry of Urban Development, GoI titled "Waste to Wealth" on 2.10.2017 under Swachh Bharat Mission.
Sewage Management
34. As already observed earlier, data presented by Chief Secretary that entire installed sewage treatment capacity of 425 MLD is functional needs verification and remedial action taken, apart from bridging the acknowledged gap in generation and treatment. Estimation of sewage generation and gap must be realistic. Compliance status of laid down standards at the outlets of STPs has to be ensured. Timeline for the establishing requisite treatment systems in terms of judgment of Hon'ble Supreme Court in Paryavaran 32 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. Suraksha vs. Union of India, supra has long expired, speedy further action has to be ensured.
36. Sewage can be processed by cost-effective methods at least at several identified locations with least expenses. Decentralized and the prefabricated/modular treatment plants can be explored, apart from imposing condition of ZLD on industries (as per applicability in the State), Group Housing Societies, Hotels and Resorts, etc. Reduced load can be processed partly with the help of water using commercial establishments requiring water for their processes enforcing consent conditions in CTEs and CTOs whereby State's financial burden can be reduced.
In the context of Hotels and Dharamshalas, it is important that these establishments provide proper solid waste management systems and sewage treatment facilities and such waste is not disposed into streams/rivers. The Tribunal vide order dated 21.04.2023 in OA No. 353/2022, Kartik Sharma vs. State of Uttarakhand observed and directed as follows:
"12. Hotels/ resorts and other establishments are having water supply from the State Pay Jal Sansthan for some quantity but since such quantity is inadequate, additional/ excess requirement of water is taken through tankers in unauthorized manner. There is no clear account for extent of such illegal drawal. Hotels are consented under the Water Act and are required to have individual or cluster STP but commercial activity cannot be allowed without arrangement for treatment of waste as appears to be happening at the cost of public interest. Hotels/ resorts must be required to provide STPs (with modular designs or otherwise) and retrofitted disinfection system without which their operations are illegal. Such unsatisfactory state of affairs needs to be remedied on war footing with involvement of higher authorities in the interest of good governance and environment protection."
Maintaining sources of clean water (rivers, storm water drains and water bodies - lakes, wetlands etc.) free from 33 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. treated or untreated sewage, channelizing treated sewage for non potable purposes.
37. We also find that sanctity and significance of natural streams, rivers and storm water drains needs to be maintained. Storm water drains, if left unpolluted, can be source of drinking water for humans, birds, animals or aquatic life and discharge of sewage or even treated water which is not of standard of drinking water, seriously affects such drinking water resource adversely affecting their health. They are not to serve as sewage carrier. The Tribunal has comprehensively dealt with this issue on 03.08.2022 in OA No. 1002/2018, Abhisht Kusum Gupta vs. State of Uttar Pradesh &Ors. Thus, in the State rivers and streams/Jhoras should be maintained for their pristine quality.
We find that many STPs set up are discharging treated waste water into river Ganga and its tributaries or in other streams. It is essential to restrain such discharges and if not possible, then such effluents be treated to highest level and no fecal contaminated bacteria be so discharged. PCB needs to review this aspect and action taken in this regard be included in next status report which is being directed to be filed.
38. Efforts are also required on utilization of treated sewage such as by establishments like malls, industrial estates, automobile establishments, power plants, playgrounds, railways, bus stands, local bodies, universities, utilizing treated sewage by fire service stations, suppression of dust, construction activities, etc. to save potable water for drinking. The treated sewage can be utilized for industrial/agricultural/other non-drinking uses like washing railway wagons/yards, buses, roads, water sprinkling and several such models reportedly exist15. The State may contemplate with prospective plan to utilize treated sewage rather than discharging into natural water courses which are very precious. The State PCB and the Public Health Department need to check and ensure that water in the said 34 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. water bodies is maintained at 'A' and 'B' class category and not contaminated by organic and fecal bacteria.
39. As already observed, there is need for planning to prevent sewage (treated or untreated) entering the potable water resources. Instead, the same is to be suitably treated and channelized for non- potable purposes - agriculture, industrial or others. By way of illustration, we may refer to certain models which can be considered at appropriate locations particularly in rural and flat terrain. The same have been mentioned in order of this Tribunal dated 11.10.2022 in M.A. No. 43/2022 in OA No. 41/2020, Pushpendra Kumar vs. Nagar panchayat, Kadaura & Ors., as follows:
"5. In this regard, we have drawn their attention to Seechewal Model16, Karnal Technology of sewage treatment and zero discharge and manual on sewerage and sewage treatment systems- 2013 (chapter7), issued by the Central Public Health & Environmental Engineering Organisation (CPHEEO), Ministry of Urban Development, GoI, which provide for inexpensive and simple methods of treatment of waste water, its utilization for irrigation and other secondary purposes. The said models are briefly described as follows:-
Seechewal Model Provides for use of treated waste water for irrigation in order to conserve precious surface fresh water and ground water. The process involves passing waste water through four well for cleaning the waste water and thereafter use of such treated water for irrigation. The process can be undertaken by communities through collective approach.
Karnal Technology Of Sewage
Treatment & Zero
Discharge.
35
O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration &
Development Dept., Govt. of Madhya Pradesh & Ors. Involves growing trees/plants on ridges with one meter wide and 50 cm height and irrigated by treated effluent in furrow. The technique utilizes entire bio mass present in waste water and provides nutrient to soil and plants. By this method forest plants/trees can be grown which can be used for firewood and timber. By this technique no chance of pathogen, heavy metals or organic compounds enter the food chain. Tree species like Eucalyptus, Leucaena can be grown.
Central Public Health &
Environmental Engineering
Organisation(CPHEEO)
Manual on Sewerage and Sewage
Treatment Systems - 2013 (Chapter 7)
Provides various case studies of utilization
of treated sewage and its reuse as cooling
water in power plant, in airport, in petroleum refinery, fish culture (like at Mudiali, Kolkata), road washings, ground cooling, boilers and also in agriculture. In agriculture the suitability of treated sewage is dependent upon soil, salt tolerance of the crop, intake of minerals and climate conditions. Sewage conforming to specified norms can be applied to selected species of food crops into soil by strip, basin or furrow irrigation. Sprinkler irrigation could be used with treated sewage. During rainy and non irrigating seasons, the treated sewage can be held in lagoons or undertaking irrigation in additional land/waste land including resorting to artificial recharge of ground water.
The above models may help in planning that medium and small towns and the Rural areas which need not to focus on high-cost 36 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. technology in the first instance. Central Public Health and Environment Engineering Organization (CPHEEO), Ministry of Housing and Urban Affairs dealt with the matter in its instructions titled "Municipal Used Water Treatment Technology for Medium and Small Towns"17 in September 2022.
40. The restoration measures with respect to sewage management include identifying sites for setting up of sewage treatment and utilization systems, upgrading systems/operations of existing sewage treatment facilities to ensure utilization of their full capacities, ensuring compliance of standards, including those of fecal coliform and setting up of proper fecal sewage and sludge management in rural areas. STPs need to have co-treatment facilities of septage rather than having isolated FSTPs.
Guidelines of SBM - U2.0 (October 2021) may be referred to in this respect. For urban areas, SBM-U 2.0 provides co- treatment of fecal sludge at STPs with sewage for which funding provisions are made.
41. Sewage treatment facilities adopted in terms of septic tank/soak pit/FSTP particularly for rural areas and villages may be reviewed in view of health, hygiene and following the guidelines of MoUD, Swachh Bharat Mission (Grameen), Phase- II, Operational Guidelines, 2020.
Need to consider change in approach for
administrative processes
42. We have suggested change in approach in realizing that remedial action cannot wait for indefinite period nor loose ended time lines without accountability can be a solution. Responsibility of the State is to have comprehensive time bound plan with tied up resources to control pollution which is its absolute liability. If there is deficit in budgetary allocations, it is for the State alone to have suitable planning by reducing cost or augmenting resources. People must be involved in the problem by appropriate awareness and strategies to encourage 37 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. public participation and contribution. At the cost of repetition, health issues cannot be deferred to long future. Long future dates breach of which has taken place frequently in the past without accountability is not a convincing solution. It is poor substitute for compliance within laid down timelines for long past. This approach may project lack of concern or not realizing the grim ground situation crying for emergent remedial measures on priority. There is no time for leisure, reflected in timelines proposed for bridging the acknowledged gaps.
43. It is the mindset and determination to act in a mission mode which can produce results.
44. Thus, it may be necessary to brain storm with available experts and other stake holders in the State at different levels, evolve models for both solid and sewage management which can be fast replicated, initiate special campaigns with community/media involvement in the larger interest of protecting environment and public health with determination for prompt action. Such brain storming sessions may enable capacity enhancement of the regulators and the processes. Campaigns and community involvement may result in reducing the financial and administrative load on the administration. It would be better to replicate the efforts made in maintaining cleanliness including enhancing public contribution and utilizing for sewage and solid waste management.
45. Compliance of environmental norms on the subject of waste management has to be on high on priority. It is high time that the State realizes its duty to law and to citizens and adopts further monitoring at its own level."
26. Further observations to explore implementation mechanism:-
"48. In the light of above observations, it appears that there is need for paradigm shift in handling of the situation. The nagging problem of waste management stares the administration in the face and remains unresolved to the detriment of environment and public health. First change required is to set up a centralized single window mechanism for planning, capacity building and 38 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. monitoring of waste management at the State level. Of course, local authorities have to do their duty and stocktaking at the district levels may continue but subject to supervision and control of such mechanism. It should be headed by an officer of the rank of Additional Chief Secretary with representation from concerned departments - Urban Development, Rural Development, Environment and Forest, Agriculture, Water Resources, Fisheries and Industries. The mechanism should be working on fulltime basis. Its functions should include preparing a comprehensive blue print, periodic review of progress in bridging the gaps in sewage and solid waste management and establishing, continuous interaction with the stakeholders, including experts and institutions, concerned departments, community members and all other stakeholders. There must be a continuous training programme for those involved in execution of waste management projects. It should be responsible for selecting service providers and simplifying procedures for fixing terms of engagement. Best practices are to be evolved and followed. The State may interact with the municipal agencies like Indore Municipal Corporation, Punjab Pollution Control Board and Bhubaneswar Municipal Corporation to have more feedback and teams may undertake field visits.
49. Mechanism be considered to engage service providers by due diligent process who may execute work relating to solid and sewage management simultaneously throughout the State - all districts, cities and towns. Selection of service providers may be done taking into account of his past performance and number of projects and capacity to handle successfully. As applicable, consultancy may be sought initially and thereafter execution done with departmental efforts under due supervision.
Need for compliance of statutory duties by specified authorities under SWM Rules and monitoring by NMCG and MoUD for centrally assisted/sponsored schemes
50. Under the Solid Waste Management Rules, 2016, statutory 39 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. authorities for various actions have been specified. Under Rule 5, a Central Monitoring Committee (CMC) is to be constituted headed by the Secretary, MoEF&CC with representation from Ministries of Urban Development, Rural Development, Chemicals and Fertilizers, Agriculture, CPCB, State PCBs/PCCs, Urban and Rural Development Departments, Urban Local Bodies and Towns from the of the States, FICCI, CII and subject experts. The CMC is to meet once in a year. The Ministry of Urban Development has to coordinate with the States/UTs under Rule 6 for periodic review and formulation of National Policy and strategies and taking other measures. Under Rule 7, the Department of Fertilizers, Ministry of Chemical and Fertilizers (MoCF) have to provide market development assistance for compost and promote marketing of such compost. MoCF has to comply with Hon'ble Supreme Court's order dated 1.9.2006 in WP(C) No. 888/1996 and ensure that instructions given to the fertilizer companies on 2.6.2008 and 18.6.2012 on co- marketing of compost from city garbage with chemical fertilizers as a 'Basket approach' be complied with. Further, MoCF may review its subsidy fertilizer policy considering Rule 8(g) of the Solid Waste Management Rules, 2016 and the media report.18 Under Rule 8, Ministry of Agriculture has to evolve mechanism for utilization of compost. Under Rule 9, Ministry of Power has to decide compulsory purchase and tariff issues. Under Rule 10, Ministry of New and Renewable Energy Sources has to facilitate infrastructure creation and provide for subsidy. Under Rule 11, the concerned Secretaries of Urban Development have to prepare State Policy and Management strategies and the Town Planning Department has to ensure setting up waste processing and disposal facilities and take other enumerated actions. Under Rule 12, the District Magistrates have to identify suitable lands and review performance of local bodies. Under Rule 13, the Secretaries of Panchayats have also to perform similar duties. Under Rule 14, CPCB is to coordinate with State PCBs and formulate standards of ground water, ambient air quality, noise, etc. Under rule 15, local authorities have to prepare 40 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. solid waste management plans, collection of waste and coordination with the other stakeholders for enumerated steps. Under Rule 16, the SPCBs/PCCs have to enforce the rules and monitor compliances. Under Rule 17, there are duties of private bodies, including the manufacturers to be monitored by the State Bodies. The timelines are provided in Rule 22 for various steps. Last timeline of 5 years from the Rules expires on 7.4.2021. There is also provision for audit and submitting of annual report under Rule 24. Since there has been large scale non-compliances of the said rules, all the concerned authorities need to review the progress and perform their responsibility in accordance with law. The MoEF&CC has to finally monitor compliance, as already mentioned.
51. In view of continuing huge gap in solid and liquid waste generation and treatment, it is high time that Ministry of Housing and Urban Development (MoUD) and National Mission for Clean Ganga (NMCG) who have programmes like Swachh Bharat Mission (SBM - Urban 2.0)19, AMRUT 2.020, Swachh Bharat Mission (Grameen)21 and River Cleaning, appropriately monitor compliance of waste management norms by concerned States/UTs and take remedial action on their part. Central Funding and State budgetary provisions need to be adequately allocated and apportioned keeping in view of environment compensation which is based on the restoration work estimate. While granting/disbursing funds to States/UTs, execution mechanism for centralized tendering at the State level to overcome delays at each city/town level may be considered. This may facilitate timely utilization of funds. MoEF&CC and CPCB may continue monitoring as per MSW Rules and the Water Act. MoUD and NMCG may also note the gaps reported by the States and UTs in solid and liquid waste management. MoUD may further consider to render proper financial and technical support to States and UTs.
52. In view of unique problems of States like Uttarakhand and perhaps other hill States (North East, J&K and H.P.) in management of sewage and solid waste, MoUD, NMCG, 41 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. Department of Drinking Water and Sanitation and CPCB need to provide safe methods for sewage and solid waste management suiting the climatic and topographical conditions. This involves reaffirmation of sewage management through septic tanks/soak pits and FSTPs in urban and rural hilly areas and carrying out processing of wet solid (degradable) waste by appropriate means including remediation of legacy waste. MoUD needs to coordinate this activity for which the State may also take initiative. MoUD may also assist such State for identifying execution of projects or identifying consulting agencies giving designs etc. and execution is done by State departments at local level."
27. The above observations are by and large common to all States/UTs with few exceptions. Unless adequate waste processing facilities are set up, the legacy waste will keep mounting and occupy huge area of land. It is source of degradation of environment, threat to human health and has potential for fires and explosions. Quality of compost has to meet standards and rejects/residue emerging out from waste processing facilities needs to be properly routed to end users with due authorization. The Tribunal emphasized need for setting up of decentralized waste processing plants and standardizing plants for compost for rural areas and empaneling the service providers.
With regard to sewage management, the Tribunal noted that installed treatment capacities have not been fully utilised and treated sewage is discharged without putting to secondary uses. Tribunal flagged need for adopting low cost options like oxidation ponds for towns having population less than one lakh and utilizing treated sewage for irrigation and pisciculture.
Tribunal concluded the proceedings with expectation of continuous monitoring by Administrative machinery, at National 42 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. level, State level and District level as per District Environment Plans, with public participation. Central Ministries like MoHUA, MoEF&CC, MoJS, NMCG, MNRE have to synchronize their ongoing programs with State's efforts on solid and sewage management. The guidelines and manuals brought out by the Ministries need to be put into practice. Accordingly, States and UTs and Central Ministries need to refer orders22 of this Tribunal (in respect of all States/UTs) for compliance.
K. Further order of Hon'ble Supreme Court dated 20.3.2023
28. At this stage, we may also refer the recent order of the Hon'ble Supreme Court dated 20.03.2023 in M.A. No. 356 of 2023 in Writ Petition (Civil) No. 375 of 2012, Paryavaran Suraksha Samiti vs. Union of India & Ors. on the subject of extending timeline for setting up requisite sewage treatment plants and supplementary directions.
As noted earlier vide judgment dated 22.02.2017, the Hon'ble Supreme Court fixed deadline of three years for commissioning such plants which expired on 22.02.2020. After such expiry, further three years have expired and still gaps have been continued. The State of UP approached Hon'ble Supreme Court for extension of time.
Thereupon, it was observed by the Hon'ble Supreme Court that apart from setting up of STPs, maintenance and performance of such STPs was also required to be duly scrutinized and monitored. The issue is of utmost concern. Untreated sewage waste discharging to rivers and drains pollutes sources of water upon which survival of population and bio-diversity depends. Accordingly, the Hon'ble Supreme Court issued supplementary directions to that effect with the further observation that any extension of time could be considered by this 43 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. Tribunal on the basis of material placed before it showing bonafide steps taken to comply with the order of the Hon'ble Supreme Court and genuine hindrances, if any. Relevant observations are quoted below:
"xxx ......................xxx...............................xxx
9. Apart from the above, the mere setting up of STPs is not enough. The maintenance of the STPS and their performance and capacity to deal with sewage which is generated is another matter which has to be duly Scrutinized and monitored. The treatment of sewage which is generated in the villages, towns and cities is a matter of utmost concern. Untreated sewage waste is discharged into rivers and naalas polluting the very sources of water upon which the survival of the population and bio diversity depends.
10. While this Court had in its judgment laid down time lines for the construction of STPS and CETPS, of equal importance is the need to ensure that:
i. The CETPs with the requisite technology
and capacity are duly commissioned;
ii. After the commissioning of the
CETPS/STPS, they continue to remain
operational;
iii. The CETPs/STPs are duly maintained and
upgraded as the need may arise;
iv. There is due monitoring at the
administrative level on a real time basis of the performance of the CETPS, the deficiencies which may arise in the course of functioning and work of repair and maintenance; and v. Entrustment to an authority which would be accountable for the due performance of the CETPs.
11. The above aspects are necessary to be borne in 44 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. mind to supplement the directions of this Court. It is only if all other consequential steps are taken as adverted to above that the object and purpose of the order of this Court would be duly met.
12. We accordingly permit the applicant to move the National Green Tribunal with an application in that regard. The National Green Tribunal shall duly monitor compliance with the directions including the time-lines which have been spelt out in the order of this Court. It would be open to the applicant to place on the record of the Tribunal all material to indicate the bonafide steps which were taken to comply with the order of this Court and, if there were any genuine hindrances in doing so, the nature of the hindrances. The Tribunal would be at liberty in the exercise of its discretion to consider any request for a further extension of time."
13. The National Green Tribunal is authorized in terms of the present order to suitably extend time should it be satisfied that all necessary steps have been pursued with a sufficient degree of alacrity. The Tribunal shall also take stock of the issues which have been set out above in relation to due monitoring of the performance of the STPs and steps for ensuring up- gradation and maintenance. The Tribunal shall also ensure that an accountable mechanism is set up in the State of Uttar Pradesh to take stock of the performance of the STPS, providing for adequate funds for up-gradation and maintenance as required and for attending to all other administrative issues and problems."
29. After perusal of the report submitted by the Collector and State PCB, it reveals that the site was allotted in the year 2004 and the submission of the learned counsel for the Respondents are that later on after allotment of this land when the MSW site was in operation, some of the area was allotted by the private colonizers for housing purposes and the number of habitations increased. It is further submitted that it is the responsibility of the District Administration to 45 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors. provide the rules with regard to 'No Construction Zone' around the site and it is further for consideration for the buyers not to construct the houses around the MSW site. However, it is the policy of the State and if it was established in the year 2004 before 21 years back it is not practically possible to re-allocate the land within a short interval for the reasons that the land is not available. It is left to the policy matter to be decided by the State Administration. However, we direct the District Administration/Chief Executive Officer of the Municipal Council to take following measures. Accordingly, our directions are as follows:-
1. The Collector, Shivpuri, and the Chief Executive Officer, Municipal Council, Shivpuri, are directed to strictly enforce the Solid Waste Management Rules, 2016, and ensure that solid waste must be disposed of according to rules.
2. The State PCB is directed to take necessary steps for compliance of the order and in case of violation, necessary steps be taken for punitive action as well as realization of environmental compensation according to rules.
3. For immediate relief from odour & flies nuisance, the Local Body is directed to start spray of deodorizing & disinfection on the active dump.
4. The Local Body shall also constitute Environmental Cell with one officer qualified in environmental field to train the staff and the persons engaged in collection & transportation of MSW along with operation of MRF & SLF in accordance with the MSW rules 2016.46
O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors.
30. With the above observations, the Original Application No.157/2024(CZ) stands disposed of.
Sheo Kumar Singh, JM Dr. A. Senthil Vel, EM 22nd July, 2025, OA No. 157/2024(CZ) AK 47 O.A. No.157/2024(CZ) Aditya Shrivastava & Anr. Vs. Urban Administration & Development Dept., Govt. of Madhya Pradesh & Ors.