National Green Tribunal
Snd Public School Palwal vs State Of Haryana on 28 January, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 05 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 391/2019
(I.A. No. 262/2019)
SND Public School, Palwal Applicant
Versus
State of Haryana & Ors. Respondent(s)
Date of hearing: 28.01.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Rahul Choudhary, Advocate
Respondent: Mr. Rahul Khurana, Advocate for HSPCB & MC, Palwal
ORDER
1. Grievance in this application is against illegal and unscientific dumping of municipal solid waste in Village Meghpur, District Palwal, Haryana, in violation of the Solid Waste Management Rules, 2016 and non-removal of legacy waste as per law. According to the applicant, dumping of waste is also affecting the village pond. The applicant has also referred to earlier orders of this Tribunal dated 10.03.2016 and 19.01.2017 in O.A No. 55/2015 and orders dated 05.01.2018 and 02.08.2018 in O.A No. 96/2017. It is submitted that in spite of the above orders, dumping of municipal solid waste is continuing. The applicant 1 also made a representation dated 29.11.2018 to the Committee constituted by this Tribunal in O.A No. 606/2018, Compliance of Municipal Solid Waste Management Rules-2016. The Committee, vide order dated 04.01.2019, directed the Municipal Council to take action in the matter but no action is being taken.
2. Vide order dated 12.04.2019 a factual and action taken report was sought from the Haryana State PCB, District Magistrate, Palwal and Palwal Municipal Council.
3. The matter was considered on 14.07.2020 in the light of response of the Deputy Commissioner, Palwal filed on 23.12.2019 to the effect that necessary steps were being taken. Accordingly, the Additional Chief Secretary, Local Bodies/ Urban Development, Haryana was directed to ensure compliance of the Solid Waste Management Rules, 2016. The operative part of the order is as follows:
"3. In the response filed on 23.12.2019 by the Deputy Commissioner, Palwal, it is not disputed that unscientific dumping of municipal waste is taking place in violation of law. However, it is stated that the waste will be treated by composting/recycling and remaining waste will be sent to dump site. Further mention is of unsuccessful steps for giving tender etc. There is also mention of some litigation with regard to land dispute.
4. The fact remains that there is failure of the local and State authorities in discharging their statutory and Constitutional obligation of ensuring clean environment and complying with binding directions in earlier proceedings. Mere proposed steps are not a valid defence to the criminal failure of the authorities when stringent punishments are contemplated under the law for such failure as there is continued damage to the public health by such failure. There appears to be apathy and lack realisation of duties in dealing with the matter without a sense of urgency and allowing damage to the environment and public health. It is disappointing to see such lapses and failures. As held by the Hon'ble Supreme Court, if there is any constraint of funds, the same can be recovered from the people contributing the waste but waste management has to be promptly ensured. The authorities are trustees of the people for this management and their incompetence should not result in damage to public health as is happening in the present case. Their accountability has to be fixed.2
5. Accordingly, we direct the Additional Chief Secretary, Local Bodies/ Urban Development, Haryana to ensure compliance of Municipal Solid Management Rules failing which we will have no option except to take coercive measures, including direction for prosecution and stoppage of salary."
4. The matter was last considered on 03.06.2021 in the light of status report dated 24.02.2021 filed by the Municipal Council, Palwal followed by report dated 21.04.2021claiming remediation of the waste. However, the Tribunal considered it necessary to cross check the claim from a joint Committee of CPCB and State PCB so that if there was scientific waste disposal, as claimed, this could be taken as successful model to be replicated elsewhere. Operative part of the order is reproduced as follows:-
"1to3....xxx............................xxx..........................................xxx
4. In pursuance of above, a further status report has been filed by the Municipal Council, Palwal on 25.02.2021 mentioning the steps taken. A further report has been filed on 21.04.2021 as follows:
"2. That the waste collected from the city Palwal was being dumped at Mustil No.17's Killa No.17/1, 24/2 of Mauja Meghpur (hereinafter referred as to site in question). This site was selected being most suitable site considering the distance from the habitation. At present 100 % Solid waste collected from MC Palwal is being transferred to One MRF at Allahapur and two number MRF at Firojpur for processing and disposal. Besides this, Bioremediation and reclamation of legacy waste which was existing at the site in question has been started since 04 Dec 2020. Total three MRF have been constructed for processing of dry waste, 217 Compost Pit for processing of wet waste and horticulture compost pit in all parks have been constructed within MC Palwal limit.
3. That there are 31 Wards in the Palwal City with total population of 1,81,254 as per 2011 census. All 31 Wards including commercial and public places are covered under door-to-door collection.
Action plan for disposal of present solid waste generated within MC Palwal:-3
4. That the category-wise action plan for waste collection and disposal as per solid waste management rule is as under: -
The main contents of the actions taken by the Municipal Council, Palwal to upgrade the solid waste management System in the Municipal area of Town are as under: - Th at it is mos t r espec tf ully submitted that Presently, 100% Door to door collection is being carried out by MC Palwal in all 31 wards including commercial and public places.
The copy of the details in this aforesaid submissions are annexed as Annexure A-1.
(II) Source Segregation That it is humbly submitted that as explained above. All 31 wards of MC Palwal have been covered under waste segregation through compartmentalize waste collection and transportation vehicle and through three numbers MRFs.
Copies of latest Pictures photographs of Ground Status Report are annexed as Annexure A-2.
(III) Status of Public Sweeping in Municipal Council, Palwal In Municipal Council, Palwal, presently 267 sweepers are working for sweeping work. The sweeping work is carried out 1 time in residential areas and 2 times in commercial /public places daily. The night sweeping work on roads and in commercial areas is being done by MC manpower and other supporting machinery.
Copies of latest Pictures photographs of Ground Status Report are annexed as Annexure A-3.
(IV) Status of Wet Waste processing:
The amount of total solid waste generated is 100 TPD approximately within MC Palwal. In which total Quantity of collected Dry waste is 60 TPD approximately and total quantity of collected wet waste is 40 TPD approximately. presently there are 217 composite pit for processing of wet waste within MC Palwal limit which are being used for composting of wet waste.
Copies of latest Pictures photographs of Ground Status Report are annexed as Annexure A-4.
(V) Status of Dry Waste Processing/MRF Facility:
Municipal Council has already established 03 MRF Facility at Allahapur (01 Nos MRF) and Firojpur (02 Nos MRF). Total capacity of each MRF for dry waste storage is about 20 TPD. The dry waste is being segregated in different categories/ fractions on the basis of their use as per solid waste management rules and norms.4
Copies of latest Pictures photographs of Ground Status Report are annexed as Annexure A-5.
(VI) Bio Remediation of legacy waste and Scientific landfill:
There was approximate 21000 Metric Tons of legacy waste present at the site in question of Municipal Council, Palwal. Work for Bio Remediation and Reclamation of legacy waste was started vide "MC Palwal office" work order no 5216/MCP dated 04.12.2020 and appx 21000 Metric Ton of legacy waste has been remediated successfully. The Scientific landfill site is being developed by concerned agency as per work order.
Copies of latest Pictures photographs of Ground Status Report are annexed as Annexure A-6.
(VII) Horticulture waste It is humbly submitted that Horticulture compost pits in all parks of Municipal Council Palwal have been constructed.
Copies of latest Pictures photographs of Ground Status Report are annexed.
(VIII) That along with arranging the aforesaid mechanism to carry out the Solid Waste Management in the Municipal Council, Palwal, several discussions and workshop and IEC activities are being held with the public representative, Non- Governmental organization, Charitable and religious institutions and concerned Officers and agencies under the chairmanship of District Municipal Commissioner Palwal with the objective of spreading awareness and taking feedback about the compliance of Solid waste management rules 2016 in MC Palwal Area.
(IX) The Municipal authorities have tried their best for the smooth functioning of Solid Waste Management Project without any hindrance by keeping in view all the aspects leading to the management of legacy waste remediation in the Municipal area and Management of Door-to-Door waste collection, Source Segregation, Transportations and processing.
(X) At present MC Palwal has diverted daily generating solid waste within MC limit to MRFs at Village Allahapur and Firojpur for further processing and disposal."
5. Learned Counsel for the applicant has raised doubt about credibility of report that there is scientific bioremediation of 21000 MT solid waste and proper functioning of three MRFs, linking them with utilization chain, utilisation of compost pits and other aspects. We consider it appropriate to direct a joint Committee of CPCB and State PCB to find the real compliance status so that if the project is found successful, its replication at other places may also be explored and if there are deficiencies, the 5 same can be rectified. The joint Committee may give its report within two months by e-mail."
5. In pursuance of the above, joint Committee has given its report dated 24.12.2021 rejecting the claim of scientific disposal and not recommending it as successful model to be followed elsewhere. The status report and the real compliance status are noted as follows:-
"2.1 Bioremediation of 21000 MT Legacy Waste Status as per report of MC, Palwal Real Compliance Status as as on 15.11.2021, as verified by the Joint Committee There was approximate 21000 Metric Tons of. At present there is no legacy waste legacy waste present at the site in question of lying at site However, the RDF Municipal Council, Palwal. recovered from the legacy waste was lying at site, which is yet to be Work for Bioremediation and Reclamation disposed off by the MC. Palwal of legacy waste was started vide "MC (Photograph 1 2.3 Annexure - 2) Palwal" office" work order no 5216/MCP dated 04.12.2020 and appx 21000 Metric Ton The representatives of MC, Palwal of legacy waste has been remediated were requested to provide the details successfully. such as log books, quantities and disposal of screened fractions, The Scientific landfill site is being developed analysis reports etc. so as to by concerned agency as per work order conclude, if the legacy waste has been remediated as per CPCB Guidelines for disposal of legacy Waste. The details are yet to be received from MC, Palwal The work on development of scientific landfill site 2.2 Status of Dry Wasted Processing Facility:
Status as per report of MC, Palwal Real Compliance Status as as on 15.11.2021, as verified by the Joint Committee Municipal Council has already established 03 All the three MRF Sites were visited by MRF. Facility at Allahapur (01 Nos. MRF) and the Joint Committee and observed Firojpur (02 Nos. MRF). Total capacity of each that:
MRF for dry waste storage is about 20 TPD.
The dry waste is being segregated in different 1. MRF Site 1/Shed at Allahapur is categories/ fractions on the basis of their use being used as a Gaushala viz. Moni as per solid waste management rules and Baba Ki Gaushala. Cows and their norms care-takes were found be present there. It was informed by the Care-
taker Shri Moni Baba that the site is in use as a Gaushala for the last one year (Photograph 4, 5, 6 of Annexure-2).
2. The MRF Site 2. at Firozpur (Delhi-
Agra Road) is being used as a dump yard for MSW and there is no facility installed for material recovery (Photograph 7, 8. 9 of Annexure-2).
3. The MRF Site 3 at Firozpur was found to be in operational condition 6 with all the facilities installed.
However, it was informed that no waste is coming at site from August 15, 2021, ' since the villagers are protesting against processing of waste at MRF facility. MC has ' made a request to DC, Palwal for providing police protection ((Photograph 10, 11. 12 of Annexure-2).
It appears that MRF sites at Sr. No. 1 and 2 above have never been used as MRF facilities.
2.3 Status of Wet Waste Processing :
Status as per report of MC, Palwal Real Compliance Status as as on 15.11.2021, as verified by the Joint Committee 70 Nos. Compost Pits at MRF Site 3 The amount of total solid waste (Firozpur) were found to be in operational condition. However, no generated is 100 TPD approximately wet waste was being processed at within MC Palwal, in which total the time of visit.
Quantity of collected Dry waste is 60 TPD approximately and total quantity of It was informed that no waste is not collected wet waste is 40 TPD coming at site from August 15, 2021, approximately. presently there are 217 since the Villagers are protesting composite pit for processing of wet against MC and not allowing the MC waste within MC Palwal limit which are to bring the waste at MRF Site. MC being used for composting of wet waste has made request to DC, Palwal for providing police protection (Photograph 13, 14 of Annexure-2).
No Compost Pits at MRF Site 2 (Firozpur) were found to be in operational condition, since this MRF facility was found to be used as a dump yard.
No Compost Pits at MRF Site 1 (Allahapur) were found to be in operational condition, since this MRF facility was found to be used as a Gaushala.
Status as per report of MC, Palwal Real Compliance Status as as on 15.11.2021, as verified by the Joint Committee The joint committee visited Ward No. Presently, 100% door to door collection is 25, 26 and 27 to find the real staus. being carried out by MC Palwal in all 31 wards including commercial and public areas. It was observed that waste was lying here & there and seems to have not collected for days. The waste was found to be dumped at various places and also in drains. (Photograph 15, 16, 17, 18 of Annexure -2) Door to door collection was not found to happening at ground 2.5. Other observations of the Joint Committee:
7It was observed that while MC, Palwal has processed and disposed off all 21000 MT legacy waste at site, under question, another dumping site at Road side at Allahapur, near bridge has been created. It was informed by the representatives of MC, Palwal that since the villagers are raising objections and protesting against processing of MSW at the only operational MRF facility at Firozpur, all the MSW is being dumped at this site from August 25, 2021 onwards. Around 10000 MT waste has already been dumped at this site. If this issue is not resolved, this site will become another legacy waste site in Palwal (Photograph 19, 20, 21, 22 of Annexure -2.) This joint Committee was constituted by Hon'ble NGT to find the real compliance status so that if the project is found successful, its replication at other places may also be explored. The Joint Committee did not find anything which could be replicated at other Places. The Municipal Council, Palwal is required to prepare a realistic and implementable Action Plan with defined timelines, to ensure the compliance of Municipal Solid Waste Management Rules."
6. However, the Municipal Council, Palwal has filed its further report dated 26.01.2022 reiterating its claim based on the documents annexed, including the logbooks, as Annexure R-4. We find the said record to be prima facie fictitious and unreliable. Frequency and time lag in use of same vehicles is almost impossible. The same is reproduced below for ready reference:-
" S. Date Time Net weight + Kg Tractor No. No 1 31.01.2021 10:45 2205 HR-52-6958 2 " 10:49 2110 HR-29-D4644 3 " 10:58 1715 HR-52-6958 4 " 11:05 2590 HR-29-D4644 5 " 11:15 2530 HR-52-6958 6 " 11:18 1995 HR-29-D4644 7 " 11:19 2415 HR-52-6958 8 " 11:24 2360 HR-29-D4644 9 " 11:28 2490 HR-52-6958 10 " 11:50 3295 HR-29-D4644 11 " 11:51 3345 HR-52-6958 12 " 11:57 2465 HR-29-D4644 13 " 12:01 3720 HR-52-6958 14 " 12:04 3300 HR-29-D4644 8 15 " 12:09 3600 HR-52-6958 16 " 12:14 3245 HR-29-D4644 17 " 12:17 3065 HR-52-6958 18 " 12:44 2675 HR-29-D4644 19 01.02.2021 9:45 2655 HR-52-6958 20 " 9:56 1805 HR-29-D4644 21 " 9:58 2270 HR-52-6958 22 " 10:00 2445 HR-29-D4644 23 " 10:17 2645 HR-52-6958 24 " 10:20 2450 HR-29-D4644 25 " 10:27 2665 HR-52-6958 26 " 10:33 2120 HR-29-D4644 27 " 1:08 2565 HR-52-6958 28 " 1:31 2340 HR-29-D4644 29 " 3:39 2355 HR-52-6958 30 " 3:45 2830 HR-29-D4644 31 " 3:48 2430 HR-52-6958 32 " 3:57 2645 HR-29-D4644 33 " 4:09 2210 HR-52-6958 34 " 4:16 2645 HR-29-D4644 35 " 4:24 2075 HR-52-6958 36 " 4:45 2565=43715 HR-29-D4644 37 02.02.2021 9:36 2040 HR-29-D4644 38 " 9:40 2255 HR-52-6958 39 " 9:42 2470 HR-29-D4644 40 " 9:44 2225 HR-52-6958 41 " 9:48 2595 HR-29-D4644 42 " 10:56 2180 HR-52-6958 43 " 11:04 2860 HR-29-D4644 44 " 11:14 2510 HR-52-6958 45 " 11:19 2510 HR-29-D4644 46 " 11:23 2595 HR-52-6958 47 " 11:25 2845 HR-29-D4644 48 " 11:29 2545 HR-52-6958 49 " 11:32 2320 HR-29-D4644 50 " 11:39 3145 HR-52-6958 51 " 11:45 2620 HR-29-D4644 52 " 12:00 2165 HR-52-6958 53 " 12:06 2215 HR-29-D4644 54 " 12:08 2605 HR-52-6958 55 " 12:12 2945 HR-29-D4644 56 " 12:17 2570 HR-52-6958 57 " 12:21 2230 HR-29-D4644 58 " 12:37 2755 HR-52-6958 59 " 12:45 2230 HR-29-D4644 60 " 12:55 2755 HR-52-6958 61 " 2:44 2795 HR-29-D4644 62 " 3:19 1800 HR-52-6958 63 " 3:26 2265 HR-29-D4644 64 " 3:31 2430 HR-52-6958 65 " 3:38 2265 HR-29-D4644 66 " 3:44 2245 HR-52-6958 67 " 3:46 2355 HR-29-D4644 68 " 3:51 2460 HR-52-6958 9 69 " 3:55 2785 HR-29-D4644 70 " 3:59 1670 HR-52-6958 71 " 4:02 2575 HR-29-D4644 72 " 4:23 2525+85805 HR-52-6958 73 03.02.2021 2:03 3260 HR-29-D4644 74 " 2:14 1980 HR-52-6958 75 " 2:29 3020 HR-29-D4644 76 " 2:39 2440 HR-52-6958 77 " 10:34 2475 HR-29-D4644 78 " 10:46 3000 HR-52-6958 79 " 10:52 2505 HR-29-D4644 80 " 10:57 2720 HR-52-6958 81 " 10:58 3540 HR-29-D4644 82 " 11:07 2640 HR-52-6958 83 " 11:13 3840 HR-29-D4644 84 " 11:20 3290 HR-52-6958 85 " 11:24 1650 HR-29-D4644 86 " 11:32 2990 HR-52-6958 87 " 11:39 3520 HR-29-D4644 88 " 11:47 2370 HR-52-6958 89 " 4:44 2645 HR-29-D4644 90 " 4:58 2280 HR-52-6958 91 " 5:07 2406 HR-29-D4644 92 " 5:13 2970 HR-52-6958 93 " 5:18 2525 HR-29-D4644 94 " 5:13 2915 HR-52-6958 95 " 5:18 2925 HR-29-D4644 96 " 5:29 2570 HR-52-6958 97 " 5:99 2310 HR-29-D4644 98 " 6:05 2635 HR-52-6958 99 " 6:10 2755 HR-29-D4644 100 " 6:18 2315 HR-52-6958 101 " 6:25 2775=76541 HR-29-D4644 102 04.02.2021 9:10 2875 HR-52-6958 103 " 9:14 2695 HR-29-D4644 104 " 9:22 3040 HR-52-6958 105 " 9:29 3345 HR-29-D4644 106 " 9:30 2540 HR-52-6958 107 " 9:42 2620 HR-29-D4644 108 " 9:53 2275 HR-52-6958 109 " 9:59 2995 HR-29-D4644 110 " 10:06 2810 HR-52-6958 111 " 10:13 3625 HR-29-D4644 112 " 10:20 3410 HR-52-6958 113 " 11:09 3205 HR-29-D4644 114 " 11:11 3820 HR-52-6958 115 " 11:13 2515 HR-29-D4644 116 " 11:27 1760 HR-52-6958 117 " 11:32 2250 HR-29-D4644 118 04.02.2021 11:37 2200 HR-52-6958 119 " 11:39 2260 HR-29-D4644 120 " 11:56 2960 HR-52-6958 121 " 12:01 3395 HR-29-D4644 122 " 1:43 2915 HR-52-6958 10 123 " 3:59 2925 HR-29-D4644 124 " 4:07 2570 HR-52-6958 125 " 4:13 2310 HR-29-D4644 126 " 4:18 2635 HR-52-6958 127 " 4:28 2755 HR-29-D4644= 72445 128 05-02-2021 10:20 2260 HR-52-6958 129 " 10:25 2600 HR-29-D4644 130 " 10:27 2905 HR-52-6958 131 " 10:29 2870 HR-29-D4644 132 " 11:02 2975 HR-52-6958 133 " 11:05 2640 HR-29-D4644 134 " 11:08 2550 HR-52-6958 135 " 11:11 2825 HR-29-D4644 136 " 11:15 2260 HR-52-6958 137 " 11:18 2175 HR-29-D4644 138 " 11:22 2800 HR-52-6958 139 " 11:27 2815 HR-29-D4644 140 " 11:30 2630 HR-52-6958 141 " 11:33 2895 HR-29-D4644 142 " 11:38 2495 HR-52-6958 143 " 11:45 2885 HR-29-D4644 144 " 11:49 1520 HR-52-6958 145 " 11:52 3415 HR-29-D4644 146 " 11:56 2465 HR-52-6958 147 " 11:59 3065 HR-29-D4644 148 " 12:04 2610 HR-52-6958 149 " 12:11 2985 HR-29-D4644 150 " 12:21 2665 HR-52-6958 151 05-02-2021 12:23 2975 HR-29-D4644 152 " 12:28 2990 HR-52-6958 153 " 12:32 2445 HR-29-D4644 154 " 12:40 2100 HR-52-6958 155 " 12:44 3405 HR-29-D4644 156 " 12:49 2750 HR-52-6958 157 " 12:55 3020 HR-29-D4644 158 " 2:24 2640 HR-52-6958 159 " 2:30 2740 HR-29-D4644 160 " 2:35 2155 HR-52-6958=88525 161 06-02-2021 10:54 3065 HR-52-6958 162 " 11:02 3960 HR-29-D4644 163 " 11:19 4495 HR-52-6958 164 " 1114 3350 HR-29- D4644=14870 165 07-02-2021 4:18 3700 HR-52-6958 166 " 4:54 3600 HR-29-D4644 167 " 4:56 3605 HR-52-6958 168 " 3:54 3500=14405 HR-29-D4644 169 08-02-2021 12:50 3905 HR-52-6958 170 " 1:06 3895 HR-29-D4644 171 " 1:20 4051 HR-52-6958 172 " 1:38 3105=14956 HR-29-D4644 173 09-02-2021 2:49 2880 HR-52-6958 174 " 3:12 2600 HR-29-D4644 11 175 " 3:14 4555 HR-52-6958 176 " 3:26 3025 HR-29-D4644 177 " 3:36 3195 HR-52-6958 178 " 3:43 740 HR-29-D4644 179 " 3:49 3528 HR-52-6958 180 " 3:55 2920 HR-29-D4644 181 09-02-2021 4:01 3115 HR-52-6958 182 " 4:07 3135 HR-29-D4644 183 " 4:16 3270 HR-52-6958 184 " 4:22 2885 HR-29- D4644=35848 185 10-02-2021 9:10 2875 HR-29-D4644 186 " 9:14 2695 HR-52-6958 187 " 9:22 3040 HR-30-J-5127 188 " 9:29 3345 HR-29-D4644 189 " 9:30 2540 HR-52-6958 190 " 9:42 2620 HR-30-J-5127 191 " 9:53 2275 HR-29-D4644 192 " 9:59 2995 HR-52-6958 193 " 10:06 2810 HR-30-J-5127 194 " 10:13 3625 HR-29-D4644 195 " 10:20 3410 HR-52-6958 196 " 11:09 3205 HR-30-J-5127 197 " 11:11 3820 HR-29-D4644 198 " 11:13 2515 HR-52-6958 199 " 11:27 1730 HR-30-J-5127 200 " 11:32 2250 HR-29-D4644 201 " 11:37 2200 HR-52-6958 202 " 11:39 2060 HR-30-J-5127 203 " 11:56 2960 HR-29-D4644 204 " 12:01 3395 HR-52-6958 205 " 12:30 3382 HR-30-J-5127 206 " 12:32 2445 HR-29-D4644 207 " 12:40 2100 HR-52-6958 208 " 12:44 3405 HR-29-D4644 209 " 12:49 2750 HR-52-6958 210 10.02.2021 12:55 3020 HR-29-D4644 06.04.2021 Rst. No. Time Vehicle No. Gross wt. Net wt.
2374 9:35 HR73 Q 3566 26555 15755 2375 9:36 HR55 W 2205 25350 15350 2376 9:40 HR38 Q 9642 26780 16080 2377 9:46 HR74 A 3616 27880 16680 2378 9:50 HR73 3566 25085 14285 2379 9:58 HR55 W 2205 26900 16900 2380 10:05 HR74 A 3616 27095 15895 2381 10:11 HR73 3566 26320 15520 2382 11:12 HR73 3566 26115 15315 2383 11:15 HR55 W 2205 26830 16830 2384 11:16 HR38 Q 9642 27280 16580 12 2385 11:22 HR74 A 3616 28005 16805 2386 11:46 HR73 3566 28735 17935 2387 11:52 HR55 W 2205 27535 17535 2388 11:56 HR38 Q 9642 28965 18265 2389 11:58 HR73 3566 26085 15285 2390 12:02 HR74 A 3616 29005 17805 2391 12:04 HR55 W 2205 24005 14005 2392 12:22 HR73 3566 26500 15700 2393 2:06 HR38 Q 9642 27755 17055 2394 2:18 HR73 3566 27085 16285 2395 2:20 HR38 Q 9642 28605 17905 2396 5:29 HR55 W 2205 26960 16960 2397 5:31 HR29 D 4644 6120 3120 2398 5:33 HR73 3566 28130 17330 2399 5:38 HR29 D 4644 6095 3095 2400 5:40 HR38 Q 9642 27195 16495 2401 5:42 HR30 V 2211 7705 4305 2402 5:45 HR74 A 4043 28005 16805 2403 5:50 HR55 W 2205 26745 16745 2435 8:43 HR74A4093 30115 18915 2436 8:46 HR35W2205 27965 17965 2437 8:50 RJ52GA2417 31225 15895 2438 8:53 HR38Q9642 29993 19295 2439 8:55 HR74A4043 31950 20750 2440 9:10 HRSSW2205 30795 20795 2441 9:13 HR733566 28945 18145 2442 9:16 HR38Q9642 30395 19695 2443 9:23 HR74A4043 29875 18675 2444 9:28 HR55W2205 31895 21895 2445 9:38 HRB3566 30895 20095 2446 9:41 HR74A4043 28965 17765 2447 9:58 HR55W2205 29895 19895 2448 10:13 HR733566 31595 20795 2449 10:18 HR38Q9642 29855 19155 2450 10:22 HR74A4043 31565 20365 2451 10:25 HR55W2205 30995 20995 2452 10:35 HR55W2205 29885 19885 2453 10:39 HR733566 31835 21035 2454 10:46 HR38Q9642 30693 19995 2455 10:51 HR74A4043 29685 18485 2456 10:58 HRSSW2205 30895 20895 2457 11:02 HRSSW2205 31995 21495 2458 11:10 HR733566 30775 19975 2459 11:17 HR38Q9642 29893 19193 2460 11:21 HR74A4043 28993 17793 2461 11:26 HRSSW2205 31415 20273 2462 11:30 HRT33566 30585 19783 2463 11:39 HR38Q9642 29975 19213 2464 11:42 HR74A4043 37795 20393 2465 11:46 HRSSW2205 29675 19675 2466 11:53 HR733566 30815 20815 2467 12:11 HR38Q9642 28965 18265 2468 12:13 HR74A4043 30993 19795 2469 12:20 HRSSW2205 31525 21525 13 2470 12:22 HR733566 29945 19145 2471 12:26 HR38Q9642 30665 19965 2472 12:31 HR35W2205 28945 189453 2473 12:37 HR74A4043 30235 19035 2474 12:39 HR38Q9642 31785 21085 2475 12:44 HR733566 29715 18915 2476 01:04 HR74A4043 31775 21575 2477 01:06 HRSSW2205 209770 10970 2478 01:11 RJ52GA2417 35660 20660 2479 2:39 HR30V2211 6775 3475 2480 2:43 HR29D4644 6045 3045 2481 2:50 HR30V2211 7045 3745 2482 2:57 HR29D4644 6700 3700 2483 3:03 HR30V2211 6485 3185 2484 3:11 HR29D4644 6550 3550 2485 3:21 HR30V2211 7520 4220 2486 4:12 HR29D4644 6715 3715 2487 4:16 HR30V2211 7500 4200 2488 4:23 HR29D4644 6635 3635 2489 4:30 HR30V2211 6825 3525 2490 4:37 HR29D4644 6250 3250 2491 4:41 HR30V2211 6510 3210 2492 4:45 HR29D4644 5580 2580 2493 4:52 HR30V2211 6385 3085 2494 4:57 HR29D4644 6775 3775 2495 5:08 HR30V2211 7536 4235 2496 5:40 HR38QV9642 27450 16750 2497 5:47 HR733566 28075 17275 2498 5:56 HR65W2205 28850 18850 2499 6:03 HR74A4043 27960 16760 2500 6:08 HR38Q9642 27320 16620 2501 6:10 HR733566 28630 17880 2502 6:18 HR55W2205 29895 19895 2503 6:23 HR733566 28505 16705 2504 6:25 HR38QV9642 28565 17865 2505 6:29 HR74A4043 28925 17725 2506 6:34 HR55W2205 28095 18095 2507 6:41 HR29D4644 30670 36870 2508 7:02 HR30V2211 39630 26330 2509 7:08 HR74A4043 3785 20585 2510 7:10 HR55W2205 38590 18590 2511 7:13 HR29D4644 39393 25795 2512 7:21 HR74A4043 28715 17515 2513 7:27 HR55W2205 31750 21750 2514 7:37 HR733566 30725 19925 2515 7:42 HR38QV9642 39420 18720 2516 7:50 HR74A4043 31805 20605 2517 7:55 HR55W2205 29755 19755 2518 8:08 HR733566 30330 19530 2519 8:12 HR38QV9642 26295 17595 2520 8:16 HR74A4043 29160 17960 2521 8:21 HR55W2205 31285 21285 2522 8:23 HR733566 29860 19260 2523 8:26 HR38QV9642 30095 19395 14 2524 8:33 HR74A4043 31995 20795 2525 8:43 HR55W2205 28595 18595 2526 8:45 HR733566 30680 19880 2527 8:50 HR38QV9642 29250 18550 2528 8:56 HR55W2205 30555 20555 2529 9:01 HR733566 31245 20445 2530 9:03 HR38QV9642 28655 17955 2531 9:10 HR55W2205 28695 18695 2532 9:13 HR733566 31245 20445 2533 9:30 HR74A4043 31055 19855 2534 9:35 HR38QV9642 30695 19995 2535 9:43 HRSSW8205 29635 17635 2536 9:56 HR74A4043 30855 19655 2537 10:01 HR55W2205 28935 18935 2538 10:14 HR73 3566 31545 20745 2539 10:16 HR36 Q9642 29565 18665 2540 10:18 HR74 A 1093 30245 19045 2541 10:25 HR73 3566 32055 21285 2542 10:28 HRSSW2205 30245 20245 2543 10:34 HR3G4043 26975 17775 2544 10:41 HR38Q9642 31095 20395 2545 10:40 HR13 3566 30615 19815 2546 10:47 HR55 W 2205 29875 19875 2547 10:51 HR74A4045 32840 21640 2548 10:54 HR38Q9642 30445 19745 2549 11:00 HR733566 31565 20765 2550 11:04 HR55002205 32975 22975 2551 11:08 HR74A4043 29845 18645 2552 11:12 HR38Q9642 30085 19385 2553 11:16 HR73 3566 28935 76135 2554 11:20 HR55W2205 29805 19805 2555 11:24 HR74A4043 31245 20045 2556 11:30 HR38Q9642 30965 20265 2557 11:37 HR33566 29775 18975 2558 11:41 HR55W2205 28935 18935 2559 11:47 HR74A4093 32585 21385 2560 11:58 HR38Q9642 31255 20555 2561 12:01 HR3566 30695 19895 2562 12:03 HR55W2205 29635 19635 2563 12:08 HR74A4093 30225 19025 2564 12:11 HR38Q9642 32135 21435.5 2565 12:13 HR733566 30355 1955.5 2566 12:15 HR55W2205 29165 19165 2567 12:18 HR74A4043 28255 17055 2568 12:21 HR38Q9642 32995 22295 2598 9:59 HR733566 28835 16035 2599 10:06 HRA4043 28005 16805 2600 10:11 HRQ9642 27965 17265 2601 10:16 HR73 3566 27095 16295 2602 10:22 HR55W2205 28135 18135 2603 10:42 HR26D4644 6325 3325 2604 10:52 HRA4043 28300 17100 2605 10:57 HR7J3566 30255 19455 2606 11:01 HRW2205 27900 17900 15 2607 11:03 HRQ9642 28095 17395 2608 11:10 HRA4043 28565 17365 2609 11:13 HR73 3566 29075 18275 2610 11:18 HR5W2205 28280 18280 2611 11:22 HRQ9642 28375 17675 2612 11:33 HR73 3566 27005 16205 2613 11:37 HRA 4043 201010 17810 2614 11:39 HR55W2205 25195 15195 2615 11:46 HRQ9642 27885 17185 2616 11:53 HR3566 28100 17300 2617 11:57 HR74 A 4043 29230 18..... 2618 12:00 HR55W2205 27065 17065 2619 12:09 HR38Q9642 28205 17505 2620 12:12 HR733566 28475 1767..
2621 12:14 HR74A4043 29310 1811 2622 12:22 HR55W2205 28660 1866 2623 12:26 HR38Q9642 2900 183 2624 12:30 HR73 3566 27480 166 2567 12:18 HR74A4043 256255 170 2568 12:21 HR38Q9642 32995 22295 2625 11:33 HR74A4043 29205 18005 2626 2:36 HR38Q9642 29865 19165 2621 2:39 HR55W2205 31595 21595 2628 2:45 HR733566 30845 20045 2629 2:50 HR74A4043 28985 17785 2630 2:56 HR38Q9642 30885 20185 2631 3:00 HR55W2205 29695 19695 2632 3:06 HR55W2205 31795 21795 2633 3:10 HR733566 30285 19485 2634 3:14 HR74A4043 31775 20575 2635 3:24 HR74A4043 29005 17805 2636 3:30 HR38Q9642 28175 17475 2637 3:43 HR55W2205 28850 18850 2638 3:47 HR733566 28145 17345 2639 3:51 HR74A4043 30015 18815 2640 3:55 HR3Q9642 29320 18620 2641 4:01 HR55W2205 27485 17485 2642 4:05 HR733566 28710 17910 2643 4:11 HR74A4043 29905 18705 2644 4:16 HR733566 30145 19345 2645 4:32 HR38Q9642 31505 20805 2646 4:39 HR55W2205 28105 17105 2647 4:48 HE74A4043 29990 18790 2648 4:52 HR733566 30955 20155 2649 4:56 HR30V2211 8030 4320 2650 5:01 HR38Q9642 31560 20660 2651 5:04 HR55W2205 29765 19765 2652 5:05 HR30T5127 78558 4555 2653 5:06 HR733566 28990 18190 2654 5:09 HR3015127 7695 4395 2655 5:13 HR74A4043 30870 19670 2656 5:19 HR5W2205 31255 21255 2657 5:36 HR733566 30865 20065 2658 5:41 HR74A4043 29805 18605 16 2659 5:51 HR38Q9642 31965 21265 2660 5:52 HR55W2205 28905 18905 2661 5:59 HR733566 30700 19900 2662 6:02 HR74A4043 29253 18055 2663 6:07 HR38Q9642 31675 20975 2664 6:19 HR38Q9642 31895 21195 2665 6:25 HR55W2205 29960 19960 2666 6:28 HR733566 28900 13100 2667 6:33 HR74A4043 29125 17925 2668 6:37 HR38Q9642 28375 17675 2669 7:14 HR55W2205 19725 9725 2670 7:17 HR733566 29685 18885 2671 7:24 HR74A4043 36675 19475 2672 7:29 HR38Q9642 28975 18275 2673 7:33 HR55W2205 29895 19895 2674 7:42 HR133566 29930 19130 2675 7:46 HR38Q9642 30560 19860 2676 7:51 HR74A4043 29055 17855 2677 7:59 HR55W2205 30175 20175 9692 7:27 HR35W2205 30895 20895 9693 7:32 HR7 33566 31895 21095 9694 10:31 HR29D4043 19495 9695 10:33 HR38Q9642 10285 9699 10:37 HR35W2205 21475 10:43 HR73 Q3566 19185 10:49 HR29D4043 20375 10:51 HR38Q9642 18775 10:53 HR35W2205 18375 10:56 HR73 Q3566 20195 11:01 HR29D4043 19585 11:04 HR38Q9642 19365 11:10 HR35W2205 17415 11:13 HR73 Q3566 19645 11:16 HR29D4043 19115 11:19 HR38Q9642 21725 11:22 HR35W2205 18695 11:26 HR73 Q3566 17565 11:31 HR29D4043 19435 11:38 HR38Q9642 21195 11:43 HR35W2205 19025 11:47 HR73 Q3566 17115 11:57 HR29D4043 20195 12:01 HR38Q9642 21155 12:05 HR35W2205 19025 12:09 HR73 Q3566 19075 12:11 HR29D4043 18165 12:19 HR38Q9642 19635 12:21 HR35W2205 21095 12:25 HR73 Q3566 19515 12:33 HR29D4043 19045 12:36 HR38Q9642 18885 12:43 HR35W2205 20125 12:51 HR73 Q3566 20756 1:03 HR29D4043 19175 17 1:07 HR38Q9642 20745 1:12 HR35W2205 17845 1:17 HR73 Q3566 20285 1:23 HR29D4043 20085 1:28 HR38Q9642 18495 1:36 HR35W2205 18395 1:45 HR73 Q3566 20625 1:51 HR29D4043 20035 1:54 HR38Q9642 19645 1:58 HR35W2205 20375 2:07 HR73 Q3566 18175 2:09 HR29D4043 19785 2:16 HR38Q9642 21495 2:19 HR73 Q3566 18995 2:23 HR29D4043 19365 2:31 HR38Q9642 17795 2:38 HR35W2205 20975 2:43 HR29D4043 21015 2:49 HR73 Q3566 19635 2:57 HR29D4043 19075 3:02 HR35W2205 21695 3:04 HR73 Q3566 19545 "
7. It is a matter of great regret that on the face of it the document is false and based on imagination and not on reality. By way of example, it is seen that same Vehicle(s) no. 6958 is said to have been continuously loaded within short gap of around 10 minutes repeatedly with heavy amount of waste, which is practically impossible. Same appears to be the position of other vehicles. The authorities do not seem to be applying their mind and are content with hiring some agency who may be preparing fake record, with no check.
8. Apart from above, there still appears to be remaining residual waste which has not been accounted for by mentioning further processing. It is not clear how utilization of stabilized waste is to be made. The Municipal Council, Palwal requires proper guidance and the technical assistance to resolve this issue. We recall observations in OA No. 1011/2018, Jagdish Kumar vs. State of Haryana, vide order dated 23.09.2021 that many Municipal Corporations/Municipalities in the 18 State have been struggling to remediate the legacy waste. The said observations are reproduced below:
"3. The matter was last considered on 13.10.2020 in the light of report dated 09.10.2020 filed by the Additional Chief Secretary, Haryana about the status of dumpsites and the quantity of legacy waste and the status of commencement of the work. The Tribunal held that the timelines were required to be preponed in view of mandate of the statutory rules and continued damage to the environment by delay in clearing the legacy waste. The operative part of the order is reproduced below:
1 to 2. xxx ................................xxx ..............................xxx
3. Accordingly, a status report has been filed on 09.10.2020 by the Additional Chief Secretary, Haryana giving the status of the dumpsites and the quantity of legacy waste and the status of commencement of the work which is as follows:-
"On perusal of the aforesaid data it is revealed that out of the total legacy waste in the MCs of State, approximate 60.33 Lakh Metric Ton (93.44 % of total quantity of the State) legacy waste is lying at 22 dumpsites in the State and the detail of the same is as under :-
Sr. No. Name of Municipality Quantity of legacy waste (In Lakh MT)
1. Hisar 1.3
2. Gurugram 27.5
3. Ambala city 6.00
4. Panipat 5.00
5. Sirsa 0.48
6. Panchkula 3.96
7. Rohtak 3.95
8. Bahadurgarh 3.20
9. Yamunanagar-Jagadhri 1.76
10. Jind 1.00
11. Narnaul 0.59
12. Fatehbad 0.46
13. Charkhi Dadri 0.26
14. Gohana 0.42
15. Kaithal 0.8
16. Kharkhoda 0.24 19
17. Rewari 0.6
18. Sohna 0.51
19. Karnal 0.714
20. Mandi Dabwali 0.31
21. Bhiwani 1.15
22. Meham 0.13 Total 60.33 It is pertinent to mention that best efforts are being made by the municipalities to complete the work of bioremediation of legacy waste within the timeframe prescribed by this Hon'ble National Green Tribunal in the concern municipal areas.
4. That the following 05 municipalities have started bioremediation of legacy waste lying at the existing dumpsites:-
Sr. No Name of MC Quantity of Status waste (In Lakh MT)
1. Gurugram 27.5 Work in progress.
2. Rohtak 3.95 Work in progress.
3. Hisar 1.3 Work in progress.
4. Panchkula 3.96 Work in progress.
5. Bahadurgarh 3.2 Work in progress.
Total 39.91 That in addition to above, there are 17 Municipalities who have invited the fresh tenders for the bioremediation of legacy waste present at their existing dumpsites and their tenders have also been received. The detail of said 17 municipalities is as under:-
Sr. Name of MC Quantity of Status No waste (In Lakh MT)
1. Ambala 6.00 The work has been allotted to agency.
2. Panipat 5.00 Bids have been received and likely to be allotted by 15.10.2020.
3. Yamunanagar 1.76 Bids have been received and are under rate approval.20
4. Bhiwani 1.15 Bids have been received and likely to be allotted by 15.10.2020.
5. Jind 1.00 Bids have been received and are under rate approval.
6. Kaithal 0.8 The work has been allotted to agency.
7. Fatehabad 0.46 Bids have been received and likely to be allotted by 15.10.2020.
8. Gohana 0.42 The work has been allotted to agency.
9. Mandi Dabwali 0.31 Bids have been received and are under rate approval.
10. Sirsa 0.48 Bids have been received and are under rate approval.
11. Meham 0.13 Work has been allotted to agency.
12. Rewari 0.60 Bids have been received and likely to be allotted by 15.10.2020.
13. Narnaul 0.59 Bids have been received and likely to be allotted by 15.10.2020.
14. Karnal 0.714 Tenders are being invited.
15. Kharkhoda 0.24 Bids have been received and likely to be allotted by 15.10.2020.
16. Sohna 0.51 Tenders are being invited.
17. Charkhi Dadri 0.26 Bids have been received and likely to be allotted by 15.10.2020.
Total 20.42 The work on the above 17 sites is likely to be started in the end of October 2020. Approximate 60.33 Lakh Metric Ton of legacy waste (93.44 % of the total quantity) will be bio- remediated in these 22 sites.
For the small quantity of the legacy waste, Advisory on Landfill Reclamation issued by Central Public Health and Environmental Engineering Organization (CPHEEO), Ministry of Housing and Urban Affairs Government of India published in June 2020 was also circulated to all the Municipalities vide this office letter memo no. XEN- I/DGULB/2020/1843 dated 17.06.2020 (Annexure R-2) with directions to complete the bioremediation of legacy waste present at their existing dumping sites by engaging Equipment/Machinery on hiring basis.
21It is pertinent to mention that the Directorate of Urban Local Bodies, Department is regularly reviewing the matter and vide this office letter memo no.
Tech/NGT/DGULB/2020/3775 dated 07.10.2020 (Annexure R3), all the Municipalities have been directed to submit the monthly reports/status report regarding bioremediation of legacy waste by 5th of every month."
4. We have also seen the timelines laid down in the circular dated 17.06.2020, annexed to the report, which requires that the work should start from 01.04.2020 and be completed by 07.04.2021.
5. In view of the fact that the date of 01.04.2020 has already gone and even if three months allowance is made for the lockdown, the work was expected to start from 01.07.2020 which may now start at the earliest, where ever not yet started, so as to be completed by 07.04.2021 in terms of earlier orders of this Tribunal and the circular issued by the Urban Development Department, Haryana. This may be monitored by the Chief Secretary Haryana. The CPCB may also monitor compiling of statistics on above pattern from all the States/UTs, in view of earlier order passed by the Tribunal in O.A No.606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 so that the consolidated report can be filed before this Tribunal.
6. The progress report as on 31.03.2021 may be filed before the next date by the Chief Secretary, Haryana by email at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
4. In pursuance of above, further status reports have been filed by the Chief Secretary, Haryana on 03.06.2021, updated by report dated 02.09.2021 to the effect that part of the legacy waste has been cleared and clearance of the remaining waste will take time. The relevant part of the status report dated 02.09.2021 is reproduced below:
"1 to 2. xxx ......................xxx............................xxx
3. That the deponent is filing the instant additional status report with respect to the directions dated 13.10.2020 issued by this Hon'ble National Green Tribunal in the above-mentioned Application which are to be complied with by the Municipal Bodies in the State of Haryana. Accordingly, a comprehensive report regarding the status of bioremediation of legacy waste and the remedies being taken by the State of Haryana through the Municipalities in the State of Haryana has been prepared. Approximate 71.68 Lakh Metric Ton of legacy waste was lying at the dumping sites in Municipalities, out of which 67.64 lakh M.T. i.e. 94% of total quantity of the legacy 22 waste is lying at 29 dumpsites in the State which also includes 33 lakh MT legacy waste at Bandhwari, Gurugram which has been dealt with by this Hon'ble Tribunal in separate case i.e. OA No. 514 of 2018 titled as Vivek Kamboj and ANR.V/s Union of India and others. The bio-remediation works at these 29 sites have been allotted to contractual agencies. Out of which work has been started at 23 sites and will be started very soon at other 06 sites. The remaining 4.04 lakh MT legacy waste is a small fraction of quantity lying at 47 dumpsites which will be also processed by adopting suitable technology. The detail of the same is submitted for the kind perusal of this Hon'ble National Green Tribunal as under -
Status of bioremediation of legacy waste in the Municipalities of State of Haryana.
Estimated Estimated Quantity of waste
Quantity of Cost as Status of Processed upto
legacy per work 15.08.2021 (in
Sr.
Name of MC waste agreement MT)
No.
(In Lakh (in
MT) Crore)
Gurugrarn 33 Work in 1020158
1 -- progress
Rohtak 5.2 25.67 Work in 435000
2 progress
Ambala 6 35.73 Work in 354957
3 progress
Panchkula 3.96 37.5 Work in 127556
4 progress
Bahadurgarh 3.2 19.88 Work in 83842
5 progress
Narnaul 0.59 4.7 Work in 59000
6 progress
7 Kaithal 0.8 5.56 Work in 60000
progress
Gohana 0.42 2.68 Work in 32532
8 progress
Sirsa 0.45 3.44 Work in 44530
9 progress
Panipat 5 27.73 Work in 68500
10 progress
Palwal 0.21 1.26 Work in 18000
11 progress
Meham 0.14 1.11 Work in 8424
12 progress
Yamunan 1.27 Work in 57500
13 9.31 progress
Fatehabad 0.47 3.24 Work in 42011
14 progress
Gannaur 0.25 1.59 Work in 23500
15 progress
23
Rewari 0.6 4.02 Work in 36000
16 progress
Assandh 0.15 0.88 Work in 13400
17 progress
Cheeka 0.18 1.01 Work in 8000
18 progress
Mandi Dabwali 0.31 2.28 Work in 8400
19 progress
Jind 1 6.78 Work in 20000
20 progress
Kharkhoda 0.24 1.53 Work in 4000
21 progress
22 Nissing 0.15 0.94 Work in 13800
progress
23 Taraori 0.09 0.58 Work in 2148.38
progress
24 Gharaunda 0.2 1.23 Machinery 0
under
Installation
Bhiwani 1.15 8.15 Machinery 0
25 under
Installation
26 Nilokheri 0.11 0.69 Machinery 0
under
Installation
Charkhi Dadri 0.25 2.1 Machinery 0
27 under
Installation
Hisar 1.3 12.35 Machinery 0
28 under
Installation
Karnal 0.95 5.84 Machinery 0
29 under
Installation
24,81,258.38
say 24.81
Total 67.64 227.78 Total
Lakh MT
On perusal of the aforesaid data, it is clear that almost 24.81 lakh metric tonnes (36.67%) of legacy waste has already been processed in the above mentioned Municipalities upto15.08.2021. It is also relevant to mention here that MCs mentioned at Sr. No. 24-29 above where zero quantity of legacy waste is shown as processed is due to the recent award/finalization of the contracts or due to some technical difficulties such as mobilization & installation of machinery, arrangement of labour etc. being faced by the concerned municipalities. However, the requisite machineries are now under installation at these dumpsites and the waste processing shall be started very soon.24
4. That it is relevant to mention here that in compliance of the order dated 13.10.2020 passed by this Hon'ble National Green Tribunal, the State Government has approved allocation of funds amounting to Rs. 262.67 crore for the above-mentioned municipalities. The 1st installment of Rs.44.59 crore has been released by the State Government to the Urban Local Bodies Department to implement the necessary measures for this purpose.
5. That accordingly, the State of Haryana is trying its best to manage bioremediation of legacy waste. However, some delay has occurred in completion of bio-remediation of legacy waste because of unavoidable constraints by 07.04.2021 but the State Government is committed to remove this legacy waste.
6. That all the Municipalities have taken necessary steps and measures to complete the aforesaid work in the timelines laid down i.e. 07.04.2021. Accordingly, the work of processing of bioremediation of legacy waste has been taken up on the dumpsites having maximum quantity of waste. Although, various difficulties due to COVID-19 pandemic were faced by Municipalities in arranging the manpower and machineries at sites, the process of bio- remediation has been started at fast pace and is likely to be processed before 31.07.2022. Therefore, it is humbly requested that timeline for this purpose may kindly be extended upto July, 2022.
7. That in view of the submissions made herein above, it is also submitted that financial status of municipalities in the State of Haryana is not sound and they are responsible to implement the provisions of the Solid Waste Management Rules, 2016. However, the State of Haryana is making all efforts to comply with the directions of this Hon'ble National Green Tribunal in the concerned Municipalities in the larger interest of public.
In view of the submissions and averments made above, it is humbly prayed as under:-
a. That considering the unavoidable circumstances which arose due to COVID-19 pandemic &upcoming monsoon months in which the work will remain on hault, the timeline for completing the work of complete processing of bioremediation of legacy waste may kindly be extended upto July, 2022.
b. That as explained in the aforesaid paras, the State of Haryana is taking all the necessary steps to manage the processing of bio- remediation of legacy waste in the urban areas. The State Government has also allocated sufficient funds for procuring requisite machinery and other equipment required for 25 the processing of legacy waste and work has already been started at most of the dumpsites and it will also be functional on the other dumpsite very soon. It is therefore, humbly submitted that the State of Haryana may kindly be exempted to pay any type of compensation as observed by this Hon'ble National Green Tribunal in it's order dated 13.10.2020. Moreover, the impact of COVID-19 pandemic has also adversely affected the early progress of the processing system of legacy waste."
xxx .............................xxx .......................................xxx
7. In view of above, non-compliance of statutory rules cannot be appreciated. Timeline being statutory and violation being criminal offence under the law of the land, the Tribunal cannot allow what is prohibited in law. Prayer for extending the time beyond the statutory date has, thus, to be rejected. The State may take further action to uphold the law, including against the violators, record adverse ACRs against the officers responsible for delay and deposit compensation as already directed. The Chief Secretary, Haryana may file a further status report within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. The CPCB and Haryana State PCB, with State PCB as nodal agency for coordination and compliance, may jointly verify some of the sites where biomining has been taken up to ascertain whether the guidelines/SOP prepared by CPCB are being followed and ensuring that the material recovered/rejects arising out of biomining process are properly routed to the authorized user/recyclers. It may also be ascertained as to how much land has been recovered out of the biomining process. Joint report may be filed before the Tribunal within three months with its copy to the Secretary, Urban Development, Haryana by 30.12.2021 for response of the Chief Secretary to the observations, if any, requiring response.
List for further consideration on 24.01.2022."
9. In view of the above, the State Government needs to take steps to provide technical guidance to authorities in Districts so as to ensure that the entire remediation process of bio-mining as well as setting up of waste processing plants is in accordance with the MSW Rules and the Guidelines of CPCB.
2610. Accordingly, we direct Secretary, Urban Development with assistance of State PCB and Regional Officer, CPCB (as a Special invitee) to look into the matter and take remedial action, including action for preparation and filing false report. The Secretary, Urban Development may call a meeting in the matter within one month and conclude the action to be taken within one month thereafter. The State PCB may assess and recover compensation for the violations from the concerned violators. The status of action taken as on 30.04.2022 may be furnished to this Tribunal before the next date.
List for further consideration on 06.05.2022.
A copy of this order be forwarded to the Chief Secretary, Haryana, the Secretary, Urban Development, State PCB and Regional Officer, CPCB by e-mail.
I.A. No. 262/2019 stands disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM Dr. Afroz Ahmad, EM January 28, 2022 Original Application No. 391/2019 A 27