National Green Tribunal
Ganesh Dadarao Anasane vs Amravati Municipal Corporation on 9 February, 2023
Item No. 4 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 60/2019(WZ)
Ganesh Dadarao Anasane
.....Applicant
Versus
Amravati Municipal Corporation & Anr.
....Respondent(s)
Date of hearing: 09.02.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Applicant-in-person
Respondent(s) : Mr. Sangramsingh R. Bhonsle, Advocate for R-1/AMC
Mr. Sanyal along-with Ms. Manasi Joshi, Advocate for
R-3/MPCB
Mr. Aniruddha Kulkarni, Advocate for R-4/CPCB &
R-5/Urban Development Deptt.
ORDER
1. From the side of Applicant- Applicant-in-person has appeared.
2. From the side of Respondent No. 1/AMC, learned Counsel Mr. Sangram Singh R. Bhonsle has appeared; from the side of Respondent No. 3/Maharashtra Pollution Control Board (MPCB), learned Counsel Ms. Manasi Joshi has appeared; and from the side of Respondent No. 4/CPCB and Respondent No. 5/Urban Development Department, Mumbai, learned Counsel Mr. Aniruddha Kulkarni has appeared.
3. This application has been filed with the prayer that direction be issued to Respondent No. 2/District Collector, Amravati to identify suitable land as per the clause (f) of Rule 11 of MSW Rules, 2016 for setting up solid waste processing units, 20 KMs. away from the Airport or Page 1 of 11 Airbase; a direction be issued to Respondent No. 1/Amravati Municipal Corporation (AMC) to stop immediately dumping waste at Sukali dumping ground and start working for setting up solid waste processing units strictly in compliance with the MSW Rules, 2016; Respondent No. 1 be directed to cancel the contract of Contractor M/s. Pooja Construction appointed by R-1/Amravati Municipal Corporation (AMC) for transportation of garbage from all 5 Zones of Amravati Municipal Corporation (AMC) to Sukali Dumping ground, who is violating MSW Rules, 2016 and is involved in bad practice of manipulation of vehicle trips and a new Contractor may be directed to be appointed; Punitive action be taken against all Officers of the Respondent Organization/ Departments for failing to protect the environment.
4. The brief facts of the case are that NOC was taken by the Respondent No. 1/AMC for setting up MSW Plant as well as Sanitary Landfill (SLF) Plant at Survey Nos. 153, 154, 156 & 163 of Pet Amravati but the same were not set up and yet dumping of all Solid and Liquid Municipal Waste without segregation from all five Zones of Amravati was being done illegally. The NOC was also taken from the MPCB for setting up those facilities but still the same were not set up. The vehicles which are being used for transportation of waste, are not properly covered and therefore, hazardous waste is spreading out on both sides of the roads. Domestic effluent lifted from various septic tanks of Amravati City has been disposed off, within MSW site at Sukali Dumping Ground, causing nuisance in the surrounding area and polluting Pedi River, water of which is already contaminated due to partial work done at STP plant at Lalkhadi. Main AmbaNala water is directly going into Pedi River due to which the said river water is highly contaminated. Page 2 of 11
5. It is further submitted in the application that Contractor M/s. Pooja Construction appointed by Respondent No. 1/AMC is not collecting liquid and solid waste separately. No segregation is done while collecting household waste nor segregation is made at MSW site and it is being dumped at common place at Sukali Composed Depot. There is no control of fire at Sukali MSW waste processing/waste disposal dumping site due to which, there is continuous emission of hazardous poisonous gases, adversely affecting the surrounding agricultural land and water resources.
6. Further, it is mentioned in the application that the distance of Sukali Depot and MSW processing site from the airport is recorded as 13.5 km., the distance of Akoli ring road MSW processing plant is record 7.5 km. and that of Kondeshwar Octroi Naka MSW processing plant is recorded as 6.5 km. in the District Amravati, which all fall below 20 kms. No solid waste management activity could have been allowed within 10 and 20 km. from the airport. With these facts, above prayers have been made.
7. The matter was first considered by us on 22.08.2019 and notices were directed to be issued to the Respondents and apart from that, the Joint Committee was constituted comprising the District Collector and the Maharashtra Pollution Control Board and were directed to visit the area in question, verify on the factual aspects prevailing at the site and submit factual and action taken report.
8. In compliance to the same, the Joint Committee has submitted its report dated 17.09.2019 before the Tribunal. In the said report, following is observed:-
"6. During visit and inspection of above referred area, it is observed that segregation at source is very less and all the Page 3 of 11 waste which is collected is dumped without any process facility at the site. The municipality has informed that garbage has been dumped on the site past three decades as has resulted into stacking of over 20 to 30 feets. However, under Swachh Bharat Abhiyanas DPR for bio mining and waste segregation and processing has been approved by Government of Maharashtra and the process is nearing completion for start of work. A little delay has been there due to technical reason and Parliamentary election but by March, 2020, 90% majority of work of landfill site will be completed as deciphered from the tender documents submitted by corporation. It has been observed that work order for landfill site has been given but the actual work is yet to start. Also the process for tender for processing of day to day is also seen in final stage but the work is yet to be start except for a small unit run by rag-pickers who collected plastic/metal from the waste."
9. Next, the matter was taken on 15.10.2019, where-in report submitted by the Committee was considered and following directions were issued:-
" (i). The Amravati Municipal Corporation shall expedite the process of establishing solid waste management facility within a period of six months from hence which would include the period for completion of the tender process.
(ii). The Amravati Municipal Corporation shall commence withthe removal of the legacy waste and complete the work within a period of two months having regard to the fact that there is accumulation of two lakh tonnes of such waste.
While doing so, Amravati Municipal Corporation, shall adopt the Indore and Pinara, Ahmadabad Gujarat Models.
(iii). Considering the environmental damage already caused for the last 20 to 30 years, the Amravati Municipal Corporation shall deposit an interim compensation of Rs. 1 Crore with the CPCB. The total environmental compensation shall be assessed by a Joint Committee of the State Pollution Control Board and Central Pollution Control Board."
10. When this order was passed, in compliance with direction no. 3 above, an affidavit has been filed by the Respondent No. 1 dated 05.09.2022, where-in it is mentioned that the Respondent No. 1 has paid an amount of Rs. 1 Crore to the Central Pollution Control Board (CPCB) Page 4 of 11 as an Interim Compensation in compliance with the said order and receipt there-of is annexed at page nos. 1748 of the paper book along- with entry shown of that at page nos. 1751-1752 of the paper book.
11. With respect to the compliance of direction no. 1 relating to expediting the process of establishing solid waste management facility, our attention is drawn to the compliance affidavit of the Respondent No. 1 dated 12.08.2022, where-in it is submitted that the total solid waste generated under the jurisdiction of Respondent No. 1 is 200 TPD and the same is being taken care of by Sukali Dumping Ground having a capacity of 200 TPD single handedly and Akoli By-pass MSW Processing Plant having a capacity of 100 TPD. Therefore, it has been emphasized that the capacity to attend to the Solid Waste has been enhanced to much higher than 200 TPD i.e. to 300 TPD per day by setting up of these two processing plants. Our attention is drawn to page no. 1253 of the paper book, where-in monthly Municipal Solid Waste Management Project, Amravati from the month of January, 2022 to July, 2022 has been recorded and it has been tried to show that average solid waste would stand less than 200 TPD, which is being taken care of properly by the Respondent No. 1. Besides that, it is further pointed in the said affidavit that apart from the above MSW Processing Plants, one more processing plant by the name Kondeshwar Naka, Badnera MSW Processing Plant is in the process of being set up with the capacity of 50 TPD depending upon the need. The setting up and commissioning of it would be done as and when it is needed. Therefore, it is emphasized by the learned Counsel for the Respondent No. 1 that from January, 2022, the solid waste being generated in the jurisdiction of Respondent No. 1 is being fully taken care of.
Page 5 of 11
12. Now we take up the direction no. 2 given vide order dated order dated 15.10.2019 relating to commencement of removal of legacy waste, which was directed to be completed within two months. In this regard, our attention is drawn to the affidavit dated 12.08.2022, where-in it is submitted that the contract has been awarded to M/s. Supreme Gold Irrigation Ltd. for Scientific Dumping Site Land Reclamation through Bio- Mining, Resource Recovery and Scientific Rejects Disposal for Sukali Compost Depot, Phase II, Amravati, after due process and that an agreement has been entered into with the said company, which is annexed at page nos. 1221 of the paper book, where-in the work is to be completed within 12 months and timeline of the same is given in tabular form at page Nos. 1232-1233 of the paper book though we find that according to the work order, as per condition no. 3 of the said work order, the 12 months' period has been qualified with excluding rainy season, that means that the 12 months' period would be further extended, therefore, it is stated that the work would be completed by December, 2023. The work order indicates that the same was issued on 07.07.2022.
13. In view of the above facts, it is argued by the learned Counsel for the Respondent No. 1 that the only question remains as to how much environmental compensation has to be calculated, to be paid by the Respondent No. 1 for delayed compliance of the MSW Rules, 2016. In this regard, the learned Counsel for the Respondent No. 1 has taken us through the Judgment of the Principal Bench of this Tribunal dated 24.01.2020 in Original Application No. 606/2018, where-in directions were given and our attention is drawn to specific direction no. 37 (a), which is as follows:-
"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 Page 6 of 11 remain unexecuted, 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 and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal."
14. Having drawn our attention to the above direction, it is argued by the learned Counsel for the Respondent No. 1 that since according to population, they would be covered by the clause, which provides for population less than 10 lakhs, hence for non-setting up of the MSW Processing Plant, only Rs. 5 lakh per month till the setting of the same, would be chargeable.
15. Our attention is drawn by the Respondent No. 1 to the affidavit dated 13.10.2022, where-in compensation has been calculated for non- compliance of Solid Waste Management Rules, 2016 for non- establishment of MSW plant, where-in it is submitted that the plant was made functional since January, 2022. Thus the compensation has to be levied from the Respondent No. 1 only up to 31.12.2021. Now the question arises as to since when the compensation should start, for this it has been argued that the Principal Bench of this Tribunal has already specified that date to be 01.04.2020, therefore, the total environmental compensation with regard to the non-setting up of MSW Processing Plant would be computed for the period from 01.04.2020 to 31.12.2021, to which he further argued that MPCB does not have any objection except that they have added eight months beyond 31.12.2021 arbitrarily and have also computed the amount for the period from 01.04.2020 to Page 7 of 11 31.08.2022. At this very stage, we have got the clarification from the learned Counsel for the MPCB, who could not give any satisfactory reply as to how these eight months were added but it appears that according to them, the Solid Waste Management was not being done appropriately by the Plant established by Respondent No. 1, hence they have added eight months. We do not find this addition of eight months to be logical because in the present case, we are dealing with non-setting up of the plant by the Respondent No. 1 within the time period prescribed under the Rules of 2016. Therefore, the calculation should have been made by the MPCB only for the period from 01.04.2020 to 31.12.2021 @ Rs. 5 lakhs per month, as was stipulated in the Original Application No. 606/2018.
16. Our attention is drawn by the learned Counsel for the Respondent No. 1 to the table in which the calculation has been given by him, which is at page no. 1900 of the paper book, which is part of the representation made before the MPCB, which is as follows:-
" Sr. PARTICULARS
No.
i. Compensation to be levied in terms of Para 36(a) of 01.04.2020
Order dated 10.01.2020 in OA No. 606 of 2018(PB).
ii. Compensation to be levied till (till setting up MSW 31.12.2021 Facility) iii. Period for which compensation was to be levied from 21 months 01.04.2020 to 31.12.2021.
iv. Compensation already paid for the period from 5 months 01.04.2020 to 31.08.2020.
v. Exclusion of the period due to COVID Restriction from 6 months 01.04.2020 to 29.06.2020 and from 23.03.2021 to 30.06.2021 vi. Actual period for which compensation can be levied [Sr. 10 months No. iii - (Sr. No. iv + Sr. No. v)] vii. Amount of compensation per month Rs. 5 Lakh viii. Total amount of compensation that can be levied Rs. 50 Lakh.
for not setting up MSW Plant.
"Page 8 of 11
17. Above table shows that exclusion on account of the Covid restrictions is also being claimed by the Respondent No. 1 for the period from 01.04.2020 to 29.06.2020 and 23.03.2021 to 30.06.2021 i.e. for six months when there was a complete lockdown. In this regard, the affidavit of MPCB says that excluding the said period is not falling their jurisdiction because of which they have not excluded the same and it is only up to this Tribunal to decide as to whether this exemption should be granted.
18. We are of the view in this regard that during the Covid period stated above, there was complete lockdown, hence no activity was permissible. That certainly must have adversely affected the Respondent No. 1 also in setting up the Solid Waste Management Plant and therefore, in that regard, this exemption should be allowed to them as regards Solid Waste.
19. The period between 01.04.2020 to 31.12.2021 would mean that for total 21 months @ Rs. 5 lakhs per month, the calculation has to be made, which comes to Rs. 105 lakhs, out of that MPCB has been paid Rs. 25 lakhs towards Solid Waste, that has to be deducted, hence the amount comes to Rs. 80 lakhs and thereafter the amount for the period of six months of COVID period also needs to be deducted i.e. Rs. 80 lakhs - Rs. 30 lakhs = Rs. 50 lakhs. Therefore, we come to the conclusion that the amount which has been calculated by the Respondent No. 1 in the table above is correctly shown i.e. Rs. 50 lakhs, which remains outstanding to be paid by it to the MPCB.
20. Now, we would like to take up the calculation on account of the non-compliance of Bio-remediation of Legacy Waste, the date from which the calculation has to be made, is 07.04.2021 as per the Rule 22 of Solid Waste Management Rules of 2016, which is admitted to the MPCB as well Page 9 of 11 as to the Respondent No. 1. Now, as to the concluding date, up to which it has to be computed, in our estimation should be 31.12.2023, by which date, it has been undertaken by the Respondent No. 1 that they would be clearing out the legacy waste, then the period comes from 07.04.2021 to 31.12.2023, which would stand 33 months @ Rs. 5 lakhs per month, the total amount, therefore, would stand @ Rs. 165 lakhs. Out of the said amount, the amount of Rs. 25 lakhs has already been paid which is admitted by the MPCB as per their affidavit.
21. As regards exemption for the Covid period, we are not inclined to give deduction in this regard because the work order as such was issued on 07.07.2022 i.e. much after the Covid was over.
22. The learned Counsel for the MPCB has admitted that Rs. 1 crore has already been paid to the CPCB in compliance with order of this Tribunal dated 15.10.2019, which needs to be adjusted from the above amount of Rs. 140 lakhs, therefore, the balance would stand Rs. 40 lakhs. Therefore, total amount which has to be paid by the Respondent No. 1 comes to Rs. 50 lakhs + Rs. 40 lakhs = Rs. 90 lakhs.
23. We, therefore, dispose of this application with the following directions:-
(i). The Respondent No. 1/Amravati Municipal Corporation (AMC) shall deposit the amount of Rs. 90 lakhs with the MPCB within a period of one month from today. The said amount along-with the earlier deposited amount shall be utilized for remediation of legacy waste and operation of Solid Waste Management facility only of Amravati Municipal Corporation by the MPCB and the same shall be utilized within a period of 06(six) months.Page 10 of 11
(ii). Since the compensation has already been directed to be realized from the Respondent No. 1/Amravati Municipal Corporation (AMC) in this matter, if under any other proceeding regarding the setting up of MSW Plant and for the remediation of legacy waste, any order is passed/has been passed, in respect of the environmental compensation, the amount realized by us from Respondent No. 1 shall be adjusted without any prejudice to the Respondent No. 1/AMC.
24. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM February 09, 2023 Original Application No. 60/2019(WZ) P.Kr Page 11 of 11