National Green Tribunal
Ramchandrapur Kalyan Samity vs The State Of West Bengal Service Through ... on 29 January, 2025
Item No.07&08 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.102/2024/EZ
Ramchandrapur Kalyan Samity & Ors. Applicant(s)
Versus
State of West Bengal & Ors. Respondent(s)
With
Original Application No.203/2024/EZ
Mr. Arindam Lahiri Applicant(s)
Versus
West Bengal Pollution Control Board & Ors. Respondent(s)
Date of hearing: 29.01.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Shobhantanu Bhattacharya, Adv. a/w
Mr. Uttam Baidya, Adv.
For Respondent(s) : Mr. Sudip Kumar Dutta, Adv. for R-1,2,9,10 & 13,
State Respondents,
Mr. Soumyajit Bhatta, Adv. for R-4 to 7 (in Virtual Mode),
Mr. Dipanjan Ghosh, Adv. for R-12 (in Virtual Mode),
Mr. Ashok Prasad, Adv. for R-14 (in Virtual Mode)
(in O.A. No.203/2024/EZ)
For Applicant(s) : Mr. Kushal Chatterjee, Adv. a/w
Mr. Debrup Choudhury, Adv.
For Respondent(s) : Mr. Dipanjan Ghosh, Adv. for R-1 (in Virtual Mode),
Mr. Sibojyoti Chakrabarti, Adv. for State of WB
Mr. Soumyajit Bhatta, Adv. for R-4 (in Virtual Mode)
ORDER
1. Mr. Shobhantanu Bhattacharya, learned Counsel assisted by Mr. Uttam Baidya, learned Counsel is present for the Applicants in O.A. No.102/2024/EZ.
12. Mr. Kushal Chatterjee, learned Counsel assisted by Mr. Debrup Choudhury, learned Counsel is present for the Applicant in O.A. No.203/2024/EZ.
3. Affidavit dated 19.12.2024 has been filed in O.A. No.102/2024/EZ by the Respondent No.1, Urban Development & Municipal Affairs Department, Government of West Bengal; the same is taken on record.
(Final order of the said case will be uploaded in NGT website by separate sheets of paper).
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM January 29, 2025, Original Application No.102/2024/EZ With Original Application No.203/2024/EZ OM 2 Item No.07&08 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.102/2024/EZ In The Matter Of
1. Ramchandrapur Kalyan Samiti, a Registered Society under the West Bengal Societies Registration Act, having Registration No. S/6183, represented by the Secretary of the said Society having registered Office at Ramchandrapur, Sodepur, North 24 Parganas, Pin - 700110
2. Ramchandrapur Bhagar Ucchhed Committee, Represented by its Convener, having office at Ramchandrapur, Sodepur, North 24 Parganas, Pin - 700110
3. Sumanta Chandra Bandyopadhyay Alias Shyamal Banerjee, son of Paresh Chandra Bandopadhyay, Residing at Ramchandrapur, Panihati, North 24 Parganas, Sodepur, West Bengal, Pin - 700110 ....Applicant(s) Versus
1. The State of West Bengal, Through the Principal Secretary, Department of Urban Development and Municipal Affairs, Government of West Bengal, "Nagarayan" DF-8, Sector-I, Salt Lake City, Kolkata, West Bengal, Pin - 700064
2. The District Magistrate, North 24 Parganas, Banamalipur, Barasat, Kolkata, West Bengal, Pin - 700124
3. The Sub Divisional Officer, Barrackpore Sub Division, Administrative Building, S.N. Banerjee Road, Barrackpore Cantonment, North 24 Parganas, Pin - 700120 [deleted]
4. Panihati Municipality, Through its Executive Officer, Barrackpore Trunk Road, Panihati, North 24 Parganas, Pin - 700114
5. The Chairman, 3 Panihati Municipality, Barrackpore Trunk Road, Panihati, North 24 Parganas, Pin - 700114 [deleted]
6. Panihati Municipality, Through its Executive Officer, Barrackpore Trunk Road, Panihati, North 24 Parganas, Pin - 700114 [4 & 6 are repetitions]
7. The Sanitary Inspector, Panihati Municipality, Barrackpore Trunk Road, Panihati, North 24 Parganas, Pin - 700114 [deleted]
8. The Councilor, Municipal Ward No. 23, Panihati Municipality, Barrackpore Trunk Road, Panihati, North 24 Parganas, Pin - 700114 [deleted]
9. The State Urban Development Agency "SUDA", West Bengal, Through its Director, Ilgus Bhavan, HC Block, Sector-III, Salt Lake City, Kolkata, West Bengal, Pin - 700106
10. The Commissioner of Police, Barrackpore Police Commissionerate, Barrackpore Trunk Road, Barrackpore, North 24 Parganas, Pin - 700116
11. The Officer In Charge, Khardah Police Station, Barrackpore Trunk Road, Khardah, North 24 Parganas, Pin - 700110
12. The West Bengal Pollution Control Board, Through its Member Secretary, Paribesh Bhavan, 10A, Block LA, Sector - III, Bidhannagar, Kolkata, West Bengal, Pin - 700106
13. The Department of Environment, Govt. of West Bengal Through Addl. Chief Secretary, Pranisampad Bhavan, 5th Floor, LB-2, Sector-III, Salt Lake, Kolkata - 700098
14. The Central Pollution Control Board, Through its Member Secretary 1582, Parivesh Bhavan, East Arjun Nagar, 4 New Delhi - 110032 ....Respondent(s) With Original Application No.203/2024/EZ Mr. Arindam Lahiri, S/o Ranendra Nath Lahiri, R/o Sodepur- Barasat Road, Ward No.30, Panihati Municipality, Rabindra Nagar, Post Office- Ghola Bazar, Sodepur, District-North 24 Parganas, Pin-700111 ....Applicant(s) Versus
1. West Bengal Pollution Control Board, Government of West Bengal, Through its Member Secretary Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhannagar, Kolkata, West Bengal, Pin-700106
2. The Chairman, West Bengal Pollution Control Board, Paribesh Bhawan, 10A, Broadway Road, Block-LA, Sector-III, Bidhannagar, Kolkata, West Bengal, Pin-700106
3. The Senior Scientist and Incharge, Public Grievance Cell, West Bengal Pollution Control Board Paribesh Bhawan, 10A, Broadway Road, Block-LA, Sector-III, Bidhannagar, Kolkata, West Bengal, Pin-700106
4. The Panihati Municipality, Through its Executive Officer, Panihati, North 24 Parganas, Kolkata - 700114
5. The Chairman, Panihati Municipality, Through its Executive Officer, Panihati, North 24 Parganas, Kolkata - 700114
6. District Magistrate, North 24 Parganas, Kolkata, West Bengal [Party added vide order dt. 3/10/2024] ....Respondent(s) Date of hearing: 29.01.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Mr. Shobhantanu Bhattacharya, Adv. a/w Mr. Uttam Baidya, Adv.
5For Respondent(s) : Mr. Sudip Kumar Dutta, Adv. for R-1,2,9,10 & 13, State Respondents, Mr. Soumyajit Bhatta, Adv. for R-4 to 7 (in Virtual Mode), Mr. Dipanjan Ghosh, Adv. for R-12 (in Virtual Mode), Mr. Ashok Prasad, Adv. for R-14 (in Virtual Mode) (in O.A. No.203/2024/EZ) For Applicant(s) : Mr. Kushal Chatterjee, Adv. a/w Mr. Debrup Choudhury, Adv.
For Respondent(s) : Mr. Dipanjan Ghosh, Adv. for R-1 (in Virtual Mode), Mr. Sibojyoti Chakrabarti, Adv. for State of WB Mr. Soumyajit Bhatta, Adv. for R-4 (in Virtual Mode) ORDER
1. This Original Application has been filed by the Applicant alleging that there is a trenching ground of night soil, carcasses, garbage and also solid waste which is situated in and around of heart of the densely and thickly populated locality of Ramchandrapur under Panihati Municipality.
2. It is also alleged that the inhabitants are suffering immensely from acute health hazards and incurable diseases due to the existence of the said trenching ground creating nuisance as well as air, water and environmental pollution coupled with other hazards and unhygienic problems at large and the entire state of the environment in the area has become dangerous for life and habitation.
3. At the time of admission, the Tribunal had constituted a Fact Finding Committee with directions to visit the site in question and submit its Report on affidavit within four weeks with regard to the allegations made in the Original Application.
4. Affidavit dated 06.08.2024 has been filed by the Respondent No.2, District Magistrate, North 24 Parganas and along with this affidavit, an Inspection Report has been filed which reads as under:-
"Inspection Report in pursuance of the solemn order dated 27.05.2024 of the Hon'ble National Green Tribunal, 6 Eastern Zone Bench, Kolkata in O.A. No.102/2024/EZ in the matter of Ramchandrapur Kalyan Samity & Ors. -Vs- The State of West Bengal & Ors.
Introduction: In compliance of the above-mentioned order of the Hon'ble NGT, Eastern Zone Bench, Kolkata, the Municipal Solid Waste (MSW) dumping site located at Vill- Ramchandrapur, PS- Khardah , Dist.- 24 Pgs (N) under Panihati Municipality, was inspected on 04.07.2024 in presence of the following officials:
1. Md. Samiul Alam, ADM & d.l.&l.r.o, 24-Pgs (N)
2. Mr. Ashim Biswas, Executive Officer, Panihati Municipality
3. Mr. Sandeep Roy, Scientist-'D'. CPCB
4. Mr. Arun Das, Asstt. Environmental Engineer, WBPCB Land Schedule involved That the concerned site is comprised of L.R. Plot no.774 of Mouza-
Sodepur, J.L. No.08, B.L.&L.R.O., Barrackpore - II, North 24 Parganas and the total area amounts to 3.19 Acres. The total area of the said plot is recorded in the name of Panihati Municipality bearing Khatian No. 641.
Preliminary Observations:
1. That the alleged 'trenching ground' is a Municipal Solid Waste dumping site located at Vill-
Ramchandrapur, PS- Khardah, Dist.- 24 Pgs (N) under Panihati Municipality.
2. That the site was being use3d for the purpose of dumping of waste, arising out of the inhabitations under the said Municipality, approximately, for more than 100 years.
3. Many dwelling houses were seen to have existed surrounding just outside the boundary wall/periphery of the said dumping site.
4. During inspection no dumping activity was seen to be going on. Heaps of legacy waste was observed. There is about 1.2 lakh MT of legacy waste in the site.
5. Some vehicles for transporting waste were observed, inside the premises of the said site, in idle condition.
Municipal Activity:
1. That the dumping of daily waste arising out of approximately 5 lakh population under the Panihati Municipality, which used to be disposed of in the said site, had to be stopped since 04.01.2024 due to the objection raised by the Ramchandrapur Kalyan Samity and others.7
2. That in consequence of the above stoppage of dumping of waste at the said site, the Panihati Municipality started facing major difficulties regarding cleaning of daily waste collected from the said municipal area and maintaining hygiene of the area and people.
3. That in the meantime, an intervention of UD&MA Department along with KMDA was made for an arrangement of transporting the daily municipal waste to Dhapa Dumping ground from 09.02.2024 and the said process is being continued till date.
4. That the septage and/or waste product of septic tank are being disposed of to the inlet of MPS of STP (WSP) in Panihati beside Mahispota Link Road Natagarh, which is maintained by KMDA.
Conclusive Remarks:
1. As informed by the Municipal Authorities, no new dumping of wastage at the concerned dumping site is being carried on.
2. That the daily waste arising out of the local inhabitation, are being carried out and disposed of/dumped at Dhapa Dumping ground and Mahispota Link Road Natagarh which are maintained by KMDA.
3. That there is about 1.2 lakh MT of remaining legacy waste in the concerned dumping site under Panihati Municipality which needs to disposed of in a time bound manner by the said Municipality.
4. That the authorities from the Panihati Municipality have informed that processing of existing legacy waste (about 1.20 lakh MT) at "Ram Chandrapur Trenching Ground" has been taken up by KMDA for "Bio-Mining"
and "Bio-remediation" and the "NIT" (NOTICE INVITING TENDER) has already been floated.
5. That as per the copy of the 'NIT' total time frame for completion of the transfer of the existing legacy waste has been scheduled as 450 days.
6. Panihati Municipality, while initiating steps regarding the present issue, should follow the existing criteria for processing of MSW as per SWM Rules, 2016 and its amendments and "Clarification on Buffer zone Guidelines" issued by CPCB dated 15.04.2019."
5. The Inspection Report discloses that the "Trenching Ground"
referred to by the Applicant is a municipal solid waste dumping site 8 located at village Ramchandrapur, P.S. Khardah Dist.- North 24 Parganas under the Panihati Municipality; the site was being used for the purpose of dumping of waste arising out of the habitations under the said Municipality for about more than 100 years. It is stated that many dwelling houses were seen to be existing surrounding the outside boundary wall/periphery of he said dumping site but during inspection, no dumping activity was seen, but heaps of legacy waste was observed. The legacy waste is stated to be about 1.2 lakh M.T.; some vehicles for transporting wastes were also observed inside the premises of the site lying in an idle condition.
6. The Inspection Report further shows that the dumping of daily waste generated from an approximate population of 5 lakh under the said municipality used to be disposed of at the site in question but has been stopped since 04.01.2024 due to objections raised by the Ramchandrapur Kalyan Samity and others. It is stated that due to stoppage of dumping of waste at the said site, the Panihati Municipality started facing major difficulties regarding cleaning of daily waste collected from the said municipal area and maintaining hygiene of the area and people. It is stated that on the intervention of the Urban Development and Municipal Affairs Department ('UD&MA' for short) along with the Kolkata Metropolitan Development Authority ('KMDA' for short), an arrangement for transporting the daily municipal waste to the Dhapa Dumping Ground was arranged from 09.02.2024 and the said process is still continuing till date. It is also stated that the septage/ waste product of septic tanks are being disposed of into the inlet of MPS 9 of STP (Waste Stabilization Ponds 'WSP') in Panihati beside Mahispota Link Road Natagarh which is maintained by the KMDA.
7. The Inspection Committee has further mentioned that it has been informed by the Panihati Municipality that processing of the existing legacy waste of about 1.20 lakh M.T. at 'Ramchandrapur Trehching Ground' has been taken up by the KMDA for 'Bio-
Mining' and 'Bio-Remediation' and the Notice Inviting Tender (NIT) has already been floated and as per the NIT, the total time frame for completion of the transfer of the existing legacy waste has been scheduled as 450 days.
8. The Panihati Municipality has also filed affidavit dated 06.08.2024 outlining the name of the works, Earnest Money Deposit (EMD) and time of completion in a Table which is as under :-
"Sl. Name of Work Estimated Earnest Money Total time No. value of the Deposit (EMD) of work Completion
1. Biomining of legacy Rate to be 2% of the 450 days waste and Quoted contract (Four reclamation of land of amount. Initial Hundred and dumpsite utilizing EMD : Fifty days)"
scientific method Rs.10,00,000/-
located at Panihati
Municipality in North
24 Parganas District,
West Bengal on
turnkey basis.
9. It is stated that for the work, bids have been invited and the successful bidder shall be given 75 days to install weighbridge system (permanent) and other machineries required for processing of legacy waste with calibration, operationalizing the Real Time Monitoring System; physical work on Bio Mining must begin within 75 days from the issuance of Work Order; the successful bidder has to install permanent weighbridge of minimum 40 M.T. capacity (preferably pit-less type) and 12 mtr. Length; the processing 10 capacity of the plant should be at least 500 M.T. per day from the date of commencement of the legacy waste processing so that the operator can process and remove a minimum of 500 M.T. of waste per day positively.
10. The Panihati Municipality in its affidavit has confirmed the findings of the Inspection Committee.
11. The UDMA Department, Government of West Bengal has filed its affidavit dated 30.10.2024 and in para 4 thereof it is stated as under :-
• "Municipal Solid Waste (MSW) of Panihati is not being dumped at the trenching ground at Ramchandrapur, Ward No.: 23, since 04.01.2024.
• Fresh wastes from all wards of Panihati Municipality is being collected and transported to Dhapa dumping ground, Kolkata under Kolkata Municipal Corporation from 09.02.2024.
For this KMDA has engaged agency through tender process for transporting Municipal Solid Wastes (MSW) from Panihati Municipality to KMC's Dhapa dumping ground in Kolkata.
Panihati Municipality generally produces an average of 122 MT approx.. of fresh waste per day which is collected from all the 35 wards by Municipality's own arrangements and is transferred at five different locations other than the Ramchandrapur Dump site (viz. at Raja Road, near Duckback factory, near Basak Bedding, near Gau-Shala and at Amravati ground), from where the agency, engaged by KMDA, M/s. Eastern Organic Fertilizer Private Limited (EOFPL) is lifting the waste and transporting it to Dhapa dumping ground, on daily basis through their dumpers or tipper trucks.
Thus, question of foul smell arising out of night soil, carcasses, and garbage at the said Ramchandrapur dump site does not arise at all right now.
11• Night soil, i.e. feacal sludge/septage or liquid wastes collected from septic tanks of different households, are now being disposed in the inlet of MPS of sewage Treatment Plant (Waste Stabilisation Pond) of Panihati at Mahishpota Link Road, Natagarh which is also maintained by the Liquid Waste Management (Erstwhile Ganga Action Plan) Sector, KMDA, and such septage is being co-treated in the STP now.
• On the other hand, KMDA had surveyed the Ramchandrapur Trenching ground site for quantification of the existing heap of legacy wastes already present, through drone - survey by photogrammetric method and volume has been calculated. After that, core samples were taken from the heap and density of the legacy waste has been worked out in the laboratory and thereby quantity of the totral legacy waste has been assessed to 1.2 Lakh MT (approx.). After assessment of the quantity, a tender has also been invited by KMDA on 13.06.2024 for biomining and bioremediation of the legacy waste for reclamation of land of Ramchandrapur dumpsite utilizing scientific method, on turnkey basis.
The tender has been finalized, but the corresponding Administrative Approval and Financial Sanction (AA&FS), is due from the department. On receiving the approval from the competent authority, the Work Order may be issued to the selected agency.
After such bio-mining process all the fractions such as good- earth, inert and Refused Derived Fuel (RDF) will be disposed off suitably and the dumpsite of Ramchandrapur, ward no. 23, of Panihati Municipality, will be completely cleared. The work may be completed within March 2026 and the reclaimed land will be used for scientific processing of dry/wet wastes, as per requirement."
12. A further affidavit dated 19.12.2024 has been filed by the UD&MA department and in addition to the averments of the affidavit dated 30.10.2024 which has already been extracted hereinabove, it is stated that :-
12"Time bound Action Taken Report (ATR) on Solid Waste Management for Panihati Municipality, Dist.: North 24 Parganas, as on 17.12.2024:
xxxxxxxxxxxx xxxxxxxxxxxxx xxxxxxxxxxxxx • Panihati Municipality generally produces an average of 122MT approx. of fresh waste per day which is collected from all 35 wards by Municipality's own arrangements and is being transferred at five different identified locations (Secondary Collection Points), other than the Ramchandrapur dump site, viz.,
(i) B. T. Road near Raja Road/Syding Bazar, ward no.- 14 (22.706364°N 88.374585°E)
(ii) Nilgunj Road near Duckback factory, ward no.- 10 (22.689030°N 88.378758°E)
(iii) Basak Bedding, ward no.- 30 (22.697042°N 88.411963°E)
(iv) R. N. Avenue, near Gau-Shala Gate, ward no.- 16 (22.7049°N 88.383385°E),
(v) Amravati Ground, ward no.- 22 (22.697250°N 88.391663°E) • The agency, engaged by KMDA, i.e., M/s. Eastern Organic Fertilizer Private Limited (EOFPL) is lifting the waste and transporting it to Dhapa dumping ground, on daily basis through their dumpers or tipper trucks.
• Thus, foul smell, which is generally coming out due to anaerobic decomposition of fresh wastes (wet), is not creating any nuisance right now, as the garbage heaped at the said Ramchandrapur dumping ground has became legacy and digestion of wet waste has been completed almost.
• In context of biomining of the legacy wastes dumped at the Ramchandrapur trenching ground, it is to mention that KMDA had already tendered for the work of "Biomining of legacy waste and reclamation of land of dumpsite utilising scientific method located at Panihati Municipality in North 24 Parganas district, West Bengal on turnkey basis", vide e-RfP no.: 02/SE(NC)/SD&SWM/KMDA of 2024- 2025 dated: 13.06.2024 (abridged notice has been placed at Annexure- Ill), for an amount of 1,20,000 MT of wastes, that had been quantified through drone - survey by photogrammetric method and approximate bulk density has been calculated by taking undisturbed samples from boreholes.
• As mentioned earlier, the tender had already been finalized and M/s. Core Project Engineers and Consultant Pvt. Ltd. of 105, Sainirman Apartment, Near Handa Complex, Ashiyad Square, Shegaon Roa, Amravati - 444 604, MH, India, had quoted the lowest, i.e., @535.00 per Metric Ton (MT) of output legacy waste upto the tendered quantity to be biomined, i.e., ₹6,42,00,000.00. The lowest amount, as received, was sent for acceptance of the Competent Authority and issuance of corresponding Administrative Approval and Financial Sanction (AA&FS) of the same, from the department.
• Now, as such the Administrative Approval and Financial Sanction (AA&FS) has been obtained, vide memo. no. KMDA-27099/83/2023- WSSSWM(KMDA)-KMDA/8653 dated 28.11.2024, Letter of Intent 13 (Lol) for the work, as mentioned, has been issued to the selected concessionaire, vide no.: 773/SE(NC)/SD&SWM/KMDA/W-133(Part- I) dated 28.11.2024.
• On receiving the LOI, and as per request, this agency has already completed the Total Station (TS) survey, as per requirement in RfP and is initialising mobilisation of man-power and machineries. They had committed that upon receiving the Formal Work Order from the concerned EIC, they will start the movement of machineries, to reach the dumpsite by 20 (twenty) to 25 (twenty-five) days from the date of issuance of Work Order.
• As per RfP, total time allowed for the work of bioremediation and biomining of legacy wastes lying at Ramchandrapur dumping ground of Panihati Municipality, was 450 days. Thus, the work might be completed by March, 2026, if all favourable conditions are available instead.
• All the fractions available through Biomining, such as good-earth, inert, Refused Derived Fuel (RDF) etc. shall be disposed off suitably and the land of dumpsite at Ramchandrapur, ward no. 23 of Panihati Municipality, shall be completely reclaimed, by the given timeline. The available land shall be used for scientific processing of dry/wet wastes, as per requirement.
• In continuation, the feacal sludge/septage collected from septic tanks of different households, are now being disposed in the inlet of MPS of Sewage Treatment Plant (Waste Stabilisation Pond) of Panihati Municipality at Mahishpota Link Road, Natagarh, which is also being maintained by the Liquid Waste Management (Erstwhile Ganga Action Plan) Sector, KMDA, and such septage is being co- treated in the STP now."
13. We have heard the learned Counsel for the parties and perused the documents on record.
14. The Inspection Report discloses that there a legacy waste of about 1.2 lakh M.T. at the site. This site is stated to have been in existence for the last 100 years but dumping of daily waste has been stopped since 04.01.2024 due to objection raised by the Ramchandrapur Kalyan Samity and others. In the meantime, an arrangement has been made for transportation of the daily municipal waste to Dhapa Dumping Ground w.e.f. 09.02.2024 and the process is still continuing. It is also stated that septage and waste product of septic tanks is being disposed of to the inlet of 14 MPS of STP (Waste Stabilization Ponds WSP) in Panihati beside Mahishpota Link Road Natagarh which is maintained by the KMDA.
Bio Mining and Bio Remediation work has also been taken up by the KMDA for processing of existing legacy waste of about 1.20 lakh M.T. at the "Ramchandrapur Trenching Ground".
15. The photographs which have been filed from page 351 to 358 of the paper book, confirm a massive legacy waste at the site. The photographs also show dumpers and cranes and trucks at the site engaged in the processing of removing of the legacy waste.
16. The learned Counsel for the Applicant submitted that the legacy waste at the site in question is very close to his residence and the sight and smell was unbearable. We are conscious of the hardship suffered by the Applicant and the other residents in the vicinity of the dumping site but we also cannot overlook the fact that about 1.20 lakh M.T. of legacy waste did not happen overnight and was permitted to happen over a length of time. The dumping site itself is stated to be more than 100 years old. There is nothing on record to show that the residential area of the Applicant existed at the site all during this period or came into existence at a later point of time.
We are also conscious of the urgency that the legacy waste must be treated and must be shifted to another site but it is a time consuming process. The UD&MA Department of Government of West Bengal has stated that the Panihati Municipality generally produces an average of approximately 122 M.T. of fresh waste per day which is collected from all 35 Wards through the municipality's own arrangements and it is transferred to 5 different locations other than Ramchandrapur Dump Site namely at Raja Road near Duckback Factory, near Basak Bedding, near Gau Shala and at 15 Amravati ground from where the Eastern Organic Fertilizer Pvt. Ltd.
('EOFPL' for short) i.e. the Agency engaged by the KMDA is lifting the waste and transporting it to Dhapa Dumping Ground on daily basis through their dumpers and tippers trucks. The KMDA has also stated that tender has been invited on 30.06.2024 for Bio Remediation of the legacy waste for reclamation of the land of Ramchandrapur Dump Site utilizing scientific method on turn-key basis and that the work may be completed within March 2026 and the land reclaimed will be used for scientific processing of dry/wet waste as per requirement.
17. The Applicant has filed two affidavits dated 11.09.2024 stating that the Sub Divisional Officer, Barrackpore had convened a meeting on 29.08.1981 and it was unanimously resolved that the Panihati Municipality should immediately start work connected with development of the newly acquired land at Mohishpota and the development of the new site of Trenching Ground at Mohishpota was expected to be completed by the end of June 1982 but nothing has been done till date.
18. In the connected Original Application No.203/2024/EZ Mr. Arindam Lahiri - versus- West Bengal Pollution Control Board & Ors.
which has been filed by the Applicant who is stated to be a resident of Sodepur, Barasat Road, Ward No.30, Panihati Municipality, Rabindra Nagar, Post Office-Ghola Bazar, Sodepur, District- North 24 Parganas, the allegation is that adjacent to his premises there is a vacant piece of land measuring about 600 square feet and there is a 30 feet wide road connecting Sodepur and Barasat via Madhyamgram. The allegation is that sometime around 2018, the Panihati Municipality started dumping garbage including 16 biomedical waste, solid waste, human waste, excrement, non-
biodegradable plastic premises degenerating the land day by day. It is stated that a mass-complaint was made in this regard to the municipal authorities vide letter dated 04.07.2018 which was received by the municipal authorities on 05.07.2018 and they were requested to stop the garbage dumping activities and restore the land free of garbage.
19. It is alleged that till date nothing has been done and garbage is being dumped at the site in question which is breeding insects and mosquitoes and fouling the area, and degrading the land and soil making it difficult for the residents of the adjacent premises to live a healthy life particularly children and old people who are susceptible to diseases caused by environmental pollution.
Photographs have been filed along with the Original Application which prima facie is testimony to the immensity of the environmental pollution alleged by the Applicant.
20. Affidavit has been filed by the Panihati Municipality reiterating the facts filed in its earlier affidavit filed in connected Original Application No. 102/2024/EZ Ramchandrapur Kalyan Samity & Ors. -versus- State of West Bengal & Ors.
21. The West Bengal Pollution Control Board has filed affidavit bringing on record the Inspection Report which reads as under :-
"Inspection Report Introduction: With reference to the Order of the Hon'ble NGT, Eastern Zonal Bench, Kolkata dated 03.10.2024 having original application no.203/2024/EZ the MSW dumping site located at Vill- Rabindra Nagar, P.O.- Ghola Bazar, PS- Ghola, Dist.-24-Pgs (N) under Panihati Municipality, ward no.-30 was inspected on 29.11.2024.
Inspecting officials:
1. Mr. Arun Das, Asstt. Environmental Engineer, WBPCB
2. Mr. Suman Garai, Asstt. Environmental Engineer, WBPCB 17 On behalf of the complainant:
1. Mr. Debasish Singha Roy, relative of the complainant Observations:
1. The site is located just on the side of Sodepur-Barasat Road of Vill-Rabindra Nagar, P.O- Ghola Bazar, PS- Ghola Dist.- 24- Pgs (N) under Panihati Municipality, Ward No.-30.
2. A space at the side of Municipal surface drain and adjacent to the busy Sodepur-Barasat Road having approximate area 600 sq. ft. is being used for the purpose of intermediate/temporary dumping of Municipal Solid Waste.
3. Complainant dwelling house and other residential complex are situated near the said dumped solid waste.
4. The dumping of Municipal Solid Waste is going on for last 6 years (as stated).
5. During inspection dumped fresh Municipal Solid Waste as well as old Municipal Solid Waste was seen at the site.
6. Leachate generated from the dumped waste was mixing with the water of adjoining Municipal surface drain and Municipal Solid Waste was found dumped in the drain.
7. Putrid smell was felt and filthy atmosphere was prevailing in and around the area where the Municipal Solid Waste was dumped.
8. It was learnt that Panihati Municipality is dumping the Municipal Solid Waste in the alleged space for intermediate storage. Subsequently, the same is transported to their other permanent dumping site.
Observations:
1. No dumping activity should be continued in the site as it is not following the siting criteria for processing of MSW as per SWM Rules, 2016 and its amendments and "Clarification on Buffer Zone Guidelines" issued by CPCB dated 15.04.2019.
2. Dumped Municipal Solid Waste should be removed from the site."
22. This Report shows that the site is located on the side of Sodepur-
Barasat Road of Village-Rabindra Nagar, P.O. Ghola Bazar, PS -
Ghola, Dist.- 24 Pgs.(N) under Panihati Municipality, Ward No.30.
23. It is stated that the site having an area of approximately 600 sqft.
at the side of the Municipal Service Drain adjacent to the busy Sodepur-Barasat Road is being used for the purpose of intermediate/temporary dumping of Municipal Solid Waste which 18 dumping is going on for the last six years. Putrid smell was felt and filthy atmosphere was prevailing in and around the area where the municipal legacy waste were dumped. The Committee in its Report has directed hat no dumping activity should be continued at the site as it is not complying with the siting criteria for processing of Municipal Solid Waste (MSW) as per the Solid Waste Management Rules 2016 and its amendments and "Clarification on Buffer Zone Guidelines" issued by the Central Pollution Control Board dated 15.04.2019 and the dumped municipal legacy waste should be removed from the site.
24. The District Magistrate, North 24 Parganas has filed affidavit and it is stated that the plot in question has been identified as Plot No.2848, Mouza - Natagarh, J.L. No.15 classified as "Nayanjuli"
and is recorded in favour of the "District Board" of the State Government. The area of the land is about 60 ft length x 30 ft width on the side of the Sodepur Barasat Road which is used by the Panihati Municipality for dumping. It is further stated that w.e.f.
04.01.2024, on the protest of the local inhabitants, dumping at the site has completely stopped and municipal waste at present is being dumped in makeshift or stop-gap arrangement in 5 temporary dumping stations which are already mentioned hereinabove.
25. Be that as it may, considering the documents on record and the fact that treatment and disposal of legacy waste is expected to be completed by March 2026, we dispose of both the Original Applications with a direction to the Kolkata Metropolitan Development Authority (KMDA) as well as the Panihati Municipality to ensure that the entire legacy waste is completely removed by 19 31.03.2026. The Panihati Municipality as well as the KMDA shall file affidavit of compliance by 15.04.2026.
26. I.As., if any, stand disposed of accordingly.
27. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM January 29, 2025, Original Application No.102/2024/EZ With Original Application No.203/2024/EZ SKB 20