National Green Tribunal
Subhash Datta vs Viswa Bharati University on 8 February, 2023
Item No.04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.129/2022/EZ
In the Matter of:
SUBHAS DATTA
Office: 2511, Guitendal Lane,
Howrah - 711101
Residence: 216/1, Panchanantala Road,
P.O. + P.S. + Dist. - Howrah,
Pin - 711 101 (for both)
....Applicant(s)
Versus
1. Viswa Bharati University,
(Notice through the Registrar),
Bolpur,
Shantiniketan - 731235
2. State of West Bengal,
(Notice through the Chief Secretary),
Nabanna,
325, Sarat Chatterjee Road,
Shibpur,
Howrah -711102
3. District Magistrate,
(Notice through the District Magistrate),
Birbhum, Administrative Building,
Suri Main Road,
Suri,
Birbhum - 731101
4. Executive Officer,
(Notice through the Executive Officer),
Sriniketan Shantiniketan,
Development Authority, Kshanika Prabhat Sarani,
P.O. Bolpur,
District Birbhum - 731204
5. State Pollution Control Board, W.B,
(Notice through the Member Secretary),
Paribesh Bhawan,
10A, Block-LA, Sector-III, Salt Lake City,
Kolkata - 700098
....Respondent(s)
1
Date of hearing: 08.02.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
For Applicant(s) : Mr. Subhas Datta, in person (in Virtual Mode)
For Respondent(s) : Ms. Sucharita Biswas, Advocate for R-1,
Mr. Sudip Kumar Dutta, Adv. for R-2 & 3, (in Virtual Mode)
Mr. Siddhartha Ghosh, Advocate for R-4,
Mr. Dipanjan Ghosh, Advocate for R-5, (in Virtual Mode)
ORDER
1. We have heard Mr. Subhas Datta, the Applicant appearing in person as well as the learned Counsel for the Respondents.
2. The allegation in this Original Application is that earlier the Applicant had filed Original Application No.16.2016/EZ, Subhas Datta Versus Visva Bharati University & Ors., which was disposed by the Tribunal vide judgment and order dated 01.11.2017 with the following observations: -
"20) Before parting we deem it necessary to further direct as follows: -
The State to take a final decision on the question relating to the Visva Bharati University area within the jurisdiction of Bolepur Municipality for effective monitoring of the Solid Waste and other Wastes generated in those areas not only during the Poush Mela but also at other times;
The Visva Bharati University, Respondent No.1, Shanti Niketan Trust, Respondent No.6 and Sriniketan Shantineketan Development Authority (SSDA), Respondent No.8, shall draw up a project for establishment of dedicated Solid Waste Management Plant and Sewage Treatment Plant within the premises of the Shantiniketan area for disposal of waste;
The Government of West Bengal shall ensure effective implementation of the Solid Waste Management Rules, 2016, Plastic Management Rules, 2016 and other rules cognate thereto.2
The State PCB, Respondent No.5, shall monitor the implementation of these Rules by the University Authorities in collaboration with the Bolepur Municipality;
The Bolepur Municipality shall extend the necessary support to the University authorities in the implementation of the Waste Management Rules and in combating environmental pollution in the University area.
21. The aforesaid directions are issued with the object to ensure effective control and monitoring of various pollutions being caused in the area in question.
22. Upon considering the various affidavits filed by the parties, more particularly, the Visva Bharati University, Respondent No.1, we find that there is gross negligence on the part of its governing body which practically has left the University on its own to survive.
23. We also notice that the University, being a Central University, adequate attention is not being paid by even the State Govt. The eminent position which the University holds the world over ought to have been a matter of pride for the State. The rapid degradation of the environment in the University and its precincts reflect the apathy of those responsible for its administration. In our considered opinion, the State Respondents ought to take pro-active measures to ensure that it survives and its past glory restored. One of the major steps in this direction would certainly be to restore, conserve and protect the nature and ecology of the University complex which is considerably large."
3. That initially M.A. No.07/2019/EZ was filed but later the same was converted to Execution Application No.02/2019/EZ and directions were given by the Tribunal which is reproduced in Paragraphs-13 and 14 of the order dated 19.08.2020.
4. Paragraphs-13 & 14 of the order dated 19.08.2020 reads as under:-
3"13. In view of the above facts and circumstances as the case was filed primarily to bring forth menace of pollution caused during the Poush Mela, the case apparently does not survive further. However, this would not diminish the concern relating to environmental pollution being caused in the area and still remains as a matter of grave concern. Under such circumstance, we direct that, irrespective of the fat as to whether the Poush Mela is held or not, the proposal pertaining to setting up a Solid Waste Management Plant and Sewage Treatment Plant shall be taken to its logical conclusion ensuring that those are set up in accordance with the DPR prepared by the Urban Development Agency on 18.05.2020. The entire process shall be completed within a period of one year commencing from hence.
14. With the above directions this Execution Application stands disposed off making it clear that in the event of there being failure on the part of the authorities to act in terms of this order, it shall be open for the applicant to approach the Tribunal with an appropriate application."
5. The allegation of the Applicant is that till date nothing has been done and there is total non-compliance of Solid Waste and Liquid Waste Management Programme. It is also stated that in spite of the directions given by the Tribunal, the Solid and Liquid Waste Management Plants have not been set up till date.
6. Affidavit dated 02.12.2022 has been filed on behalf of the Respondent No.5, West Bengal Pollution Control Board. Along with this affidavit, an Inspection Report of inspections carried out on 11.11.2022 and 16.11.2022 has been filed. The observation, other relevant information and remarks/recommendations in the Inspection Report read as under: -
4"Report of the inspection carried out by West Bengal Pollution Control Board on 11/11/2022 & 16/11/2022 at Visva Bharati University & its precincts, with the assistance of Bolpur Municipality & Sriniketan Shantiniketan Development Authority (SSDA), in compliance with the Orders of Hon'ble NGT, EZ Bench dated 14/09/2022 & 01/11/2022 in connection with O.A. no.129/2022/EZ.
Observation:
On 11/11/2022, the inspecting group comprising of officials from WBPCB, UD&MA Dept., SSDA & Bolpur Municipality visited area of the university campus and the adjacent areas, guided by the Visva Bharati University officials.
The total area of the campus is about 1128.5 acres and holds a fixed population of about 12,000 & a floating population of about 15,000 daily. In Visva Bharati University campus area and its fringe area following types of land ownership & its use pattern has been observed:
Visva Bharati University owned land having offices, libraries, departments, hostels, hospital, market, academic/non-academic staff quarters and some leased out shops.
Fields being used for regular sporting activities and in specific seasons for fair & festival. Visva Bharati University owned ponds Visva Bharati University's land leased out to some Asramiks.
Roadside lands of Visva Bharati University and fringe area being used by a good no. of different kinds of informal permanent and movable shops of food & non-food items.
Tribal village lands for their residential purpose. Private ownership plots/lands for residential use, office/institute, commercial purpose and forest (Deer Park and Sonajhuri).5
Considering the fixed and floating population as mentioned above, the solid wastes generated from the campus area are to the tune of about 8 MT/day. It was noticed that solid wastes comprising of papers, plastics, cloths, etc., were disposed at different points beside the roadsides & pathways, both within the campus & and its fringes. There is not proper solid waste management system (no segregation, collection & storage0 and no Solid Waste Management Plant exists. However, Visva Bharati University officials informed that solid wastes generated from the different establishments (residential quarters, hostels, market, etc.) within the campus are managed locally. An agency (namely Mahadal) engaged by the Visva Bharati University collects dry wastes from the campus once a week but the final mode of disposal could not be specified by them. The officials also informed that a good percentage of residents and markets of outside campus area dispose their mixed wastes on vacant land of the campus area and its fringes. The university had not entered into any agreement with Bolpur Municipality for clearing & management of solid wastes.
No proper drainage system exists within the university campus. Sewage/sullage generated from the different establishments within the campus is treated through individual septic tanks and discharged to dedicated soakpits. Septic tank sludge generated due to periodical cleaning of septic tanks is buried in soil without any proper treatment. Liquid waste management plant (Sewage Treatment Plant) has yet to be set up.
Other relevant information:
Visva Bharati University officials alleged that untreated sewage water from the Bolpur Municipality area falls into the large water body (Bhubandanga Bandh) owned by Visva Bharati, thereby polluting the water body. In 6 order to verify such allegation, the inspecting group met for the second time on 16/11/2022. A large number of local people along with the Councillor (Sri Sukanta hazra) of ward no.7 of Bolpur Municipality were also present.
It was observed that the water body Bhubandanga Bandh has four divisions namely Lalbandh (forming the southern part), Dalbandh (forming the eastern part), Barobandh (forming the western part) & Chhotobandh (forming the northern part) and covers a total area of about 28 acres. The waterbody is situated in Bolpur Municipality area, and not within the campus area. All parts of the water body were seen to be fully covered with water hyacinth. Three drains of the ward no.7 have their outfalls into Lalbandh only. No drain from any other area falls into any of the other three parts of the water body.
The local people also counter alleged that Visva Bharati University is indifferent towards cleaning the water body, which was constructed in the year 1936 with the aim to meet the water demand of the local people then, and there is no effort to restore it to the original state. Also, on 16/11/2022, WBPCB officials visited Pearson Hospital, which is a captive hospital owned & oper4ated by Visva Bharati University, having OPD as well as indoor section with bed capacity 37 for treating university staff & students only. It was observed that the hospital possesses one incinerator (single chambered, 5 kg/hr capacity) for treating incinerable bio-medical wastes (BMW). Also, two autoclaves exist in a room opposite to the operation theatre. The incinerator was found in defunct state. The Chief Medical Officer (Dr. Arindam Chatterjee) informed that BMW is presently disposed in a pit in the backyard of the hospital premises and burnt. He also informed that as the operation theatre is not used presently, the 7 autoclaves are lying idle. It may be mentioned here that the hospital possesses no Consent to Operate and Bio- Medical Waste Authorization of WBPCB.
Remarks/Recommendations:
1) As a bulk waste generator, the Visva Bharati University is in total non-compliance w.r.t. the provisions of Solid Waste Management Rules, 2016 & As amended. It should immediately set up an arrangement for proper segregation, collection, storage and disposal of solid wastes generated from its campus area as per Solid Waste management Rules, 2016 & as amended. Alternatively, the University may enter into an agreement with Bolpur Municipality for proper management of solid wastes.
2) As regards waste management in Shanitiniketan area, Bolpur Municipality cannot be exonerated from its responsibility of properly handling both solid & liquid wastes. The Municipal Authority along with authorities of Visva Bharati University, SSDA & Shantiniketan Trust should chalk out a plan on war footing basis for proper management of solid & liquid wastes. The Municipal Authority should also look into the matter so that no sewage/sullage from municipality area enters into the Bhubandanga Bandh.
3) Visva Bharati University hospital is also violating the provisions of Bio Medical Waste Management Rules, 2016 & as amended. The hospital authority may be directed to strictly follow Bio Medical Waste Management Rules, 2016 & as amended and obtain necessary Consent to Operate and Bio-Medical Waste Authorization from WBPCB."
7. The District and Collector, District Birbhum, has filed affidavit dated 02.01.2023 stating therein that a Joint Meeting has been 8 held with the authorities of the Visva Bharati University, the Urban Development and Municipal Affairs Department, Government of West Bengal, the Sriniketan Santiniketan Development Authority, the Bolpur Municipality, the West Bengal Pollution Control Board and the District Administration of Birbhum with regard to implementation of the directions of the Tribunal pertaining to Solid Waste and Liquid Waste Management.
8. A further affidavit dated 07.02.2023 has been filed by the District Magistrate and Collector, District Birbhum, bringing on record the Minutes of the Meeting held between the various authorities as mentioned therein held on 11.11.2022. The Minutes of the Meeting, Annexure-R-3/1, reads as under: -
"Minutes of the meeting on the direction of Hon'ble NGT vide O.A. No.129/2022/EZ regarding Solid and Liquid Waste Management of Santiniketan Area In the Chair: Registrar, Visva Bharati Meeting Date: 11th November, 2022 Meeting Venue: Conference Hall, Central Administrative Building, Visva Bharati Meeting Time: 2.00 PM Meeting Attendees:
List of Participants: As per Annexure A Ref.: As per letter No.2042-2/WPBD-OC(119)/17 dated 10- 11-2022 of the Environmental Engineer & in-charge West Bengal Pollution Control Board, Durgapur Regional Office.
The meeting was organized on urgent basis as requested by the Addl. Secretary UD & MA Dept. & Addl. Director, 9 SUDA vide his memo no 5725-13014(17)/14/2022-PM SEC (UDMA) dated 02-11-22. Registrar, Visva Bharati chaired the meeting on request from the Addl. Secretary UD & MA Dept. & Addl. Director, SUDA. Representatives of Santiniketan Trust did not attend the meeting.
At the outset, all the participants of Visva Bharati and of State Government i.e. Urban Development and Municipal Affairs Department, West Bengal Control Board, Sub Divisional Office, Sriniketan-Shantiniketan Development Authority and Bolpur Municipality introduced themselves. After that, the Additional Secretary, UD & MA Department discussed the directions of Hon'ble National Green Tribunal vide O.A No. 129/2022/EZ dated 14.09.2022 and 01.11.2022 regarding solid waste management plant "within the premises of Santiniketan area" for disposal of "such" waste which are generated "during the Pous Mela ... but also at other times". The Registrar, Visva Bharati informed the prevailing system of the same within Visva Bharati Campus Area as detailed below. Followed by the meeting, an inspection of the area was made by the representatives of Visva Bharati, Urban Development and Municipal Affairs Department, West Bengal Pollution Control Board, Sub Divisional Office, Sriniketan- Santiniketan Development Authority and Bolpur Municipality:
Direction of Hon'ble NGT dated 14.09.2022:
1) The allegation of the applicant, Sri Subhas Datta is that till date nothing has been done and there is total non-
compliance of solid waste and liquid waste management programme and no solid and liquid waste management plants have been set up.
2) The Applicant is permitted to implead the West Bengal Pollution Control Board in the array of Respondents as Respondent No.5 through its Member Secretary today itself.
103) All the Respondents shall file their counter-affidavits within four weeks.
4) Hon'ble NGT also direct West Bengal Pollution Control Board to inspect the area in question, viz., Visva Bharati, Santiniketan and submit its report with regard to the compliance of the directions of the Tribunal given in Original Application No.16/2016/EZ, Subhas Datta Versus Visva Bharati University & Ors.
Direction of Hon'ble NGT dated 01.11.2022 after submission of Affidavit:
5) At the time of Inspection Team visits the Visva Bharati for inspection, the Bolpur Municipality and Sriniketan Santiketan Development Authority may be directed to provide them due assistance. Needless to say the West Bengal Pollution Control Board shall inform the Bolpur Municipality and Sriniketan Santiketan Development Authority of the date of the inspection and the said authorities shall provide the Pollution Control Board all such assistance as may be required.
6) Affidavit to be filed within 05.12.2022.
Discussion held in the meeting and during inspection:
About Visva Bharati Campus:
1. In Viva Bharati Campus following types of ownership of land and its usage:
7) Visva Bharati owned land having Offices, Libraries, Departments, Hostels, Hospital, Market, Academic/Non-Academic Staff Quarters and some leased out plots / shops
8) Visva Bharati owned playgrounds / fields used for its sports activities and functions / festivals and fair like Anandabazar, Rathindra Mela, Vasantotsava, Nandan Mela, Pous Mela, Magh Mela etc.
9) Visva Bharati owned Ponds (small and large both).
10) Visva Bharati's land leased out to some individuals.11
11) Road side lands of Visva Bharati and PWD (Roads) / PWD / State Govt being used by a good number of food and non-food stalls.
12) Tribal hamlets inside Visva-Bharati campus.
2. These lands belong to the jurisdiction of:
13) Some of the own lands of Visva Bharati are administered and controlled by Visva Bharati. There is no local body to administer these lands.
14) Tribal hamlets of Balipara & Kaliganj and Pearsonpalli within Visva Bharati fall with the jurisdiction of Ward No.-3 of Bolpur Municipality as per information given by the Executive Officer, Bolpur Municipality.
15) Other lands belong under the jurisdiction of Bolpur Municipality at Ward No.1, 2, 3, 4, 5, 6, 7 and 9 as per information given by the Executive Officer, Bolpur Municipality.
3. Approximately, 12000 persons including residential students (approx. 4000) and 2500 staff in 500 quarters reside in the owned lands of Visva Bharati, and further approximately, 15000 day scholars / visitors come within the campus regularly. Beside these, in season time a considerable number of tourists visit or pass through Visva Bharati area.
About Solid Waste Management System of Visva Bharati Campus:
4. A very partial system of Solid Waste collection in mixed manner prevails in Visva Bharati's own areas, which is not as per directions of Solid Waste Management Rules, 2016. Visva Bharati has about 100 conservancy workers (mainly tribal self-help group members), who collect the mixed wastes from Vats located at some places of campus area and dispose that waste in their vacant lands within the Visva Bharati area. But the major problem observed that a good percentage of 12 residents and markets of outside Visva Bharati University's own areas are disposing their mixed wastes at the vats and vacant lands of Visva Bharati area. In Pearson Hospital of Visva Bharati, the Authority has installed an Incinerator for incineration of Bio-medical waste.
About Liquid Waste Management System of Visva Bharati Campus:
5. Visva Bharati's owned pond with 28 acre area at Bhubandanga Bundh of Ward No.-7 of Bolpur Municipality is surrounded by residential households. Visva Bharati informed that the waste water of the drains of Bolpur Municipality and surrounding residential houses are being channelized to this pond and also these houses are disposing their solid wastes at the bank and also inside the pond, as a result gradually it is being polluted and filled. It is observed during inspection that total pond is filled by Kochuri Pana water hyacinth and it needs cleaning. During inspection it was also found that three drains carrying nuisance are connected to the water body of Bhubandanga bundh. Hotels and houses situated on the banks of the said water body are depositing their waste into the tank too.
6. When the Septic Tanks of Staff Quarters and Hostels become jammed then the conservancy staff of Visva Bharati cleans it and dispose it in a nearby land in the campus digging a whole and cap it.
Status of Visva Bharati as per Solid Waste Management Rules, 2016 and direction of Hon'ble NGT:
As per Rule-3 (8) of Solid Waste Management Rules, 2016, Visva Bharati is a Bulk Waste Generator. "Bulk waste generator" means and includes buildings occupied by the Central government departments or undertakings, 13 State government departments or undertakings, local bodies, public sector undertakings or private companies, hospitals, nursing homes, schools, colleges, universities, other educational institutions, hostels, hotels, commercial establishments, markets, places of worship, stadia and sports complexes having an average waste generation rate exceeding 100 kg per day.
Bulk Garbage Generators as defined by National Green Tribunal (NGT) in Court Order of Original Application No.199 of 2014 to the matter of Almitra H. Patel Vs UOI and Application No.281 of 2016 in the matter of Kudrat Sandhu Vs govt. of NCT of Delhi & Govt. of India that, in the category of Social Infrastructure Hostel/Schools, Colleges, Universities, Educational & Training Institutions having more than 500 students for accommodation are Bulk Garbage Generators.
Duties of Bulk Waste Generator to comply SWM Rules, 2016
a) Segregate and store the waste generated in three separate streams namely - (i) bio-degradable (wet waste) in green bin; (ii) non-biodegradable (dry waste) in blue bin; and (iii) domestic hazardous wastes in black bin.
b) Process wet waste (Bio-degradable waste) to the extent feasible in premises/ area itself and develop a system of reuse of products of processing, that is, compost or biogas etc;
c) Handover segregated dry wastes to ULB waste collector or agency authorized by ULB to collect waste on its behalf as per the direction or notification by the local authorities from time to time against user fee;
d) Handover segregated domestic hazardous wastes to authorized waste pickers or waste collectors as per the direction or notification by the local authorities from time to time against user fee;14
e) Wrap securely the used sanitary waste like diapers, sanitary pads etc., in the pouches provided by the manufacturers or brand owners of these products or in a suitable wrapping material as instructed by the local authorities (such as newspaper, paper etc.) and handover separately to waste collector against user fee;
f) Store horticulture waste and garden waste generated from premises separately in own premises/ area and carry out composting in compost pits within the premises/ area. In case of non-availability of land, dispose off as per the directions of the urban local body from time to time against user fee;
g) Store separately Construction & Demolition waste generated in own premises/area and dispose off as per the Construction & Demolition Waste Management Rules, 2016
h) In addition to above, bulk waste generators are required not to mix E-waste - it should be separately stored as and when generated and should be handed over to recycling chain.
Decision of the meeting and inspection:
7. The Solid Waste and Liquid Waste Management matters of Visva Bharati Campus in compliance of SWM Rules, 2016 and as per direction of Hon'ble National Green Tribunal (NGT) is to be taken care by Visva Bharati (for their own area, which is outside the jurisdiction of any local body) and Bolpur Municipality (for the rest of the areas of the campus belonging to Ward No. 1, 2, 3, 4, 6, 7 and 9).
8. Visva Bharati will provide an area map (preferably Auto Cad Map) in hard and soft from to Bolpur Municipality on 14.11.2022 for detailed/clear understanding and demarcation of Bolpur Municipality Area and Visva Bharati owned Area for further action.
159. At the outset, Detailed Project Report (DPR) and Micro Level Plan for Solid and Liquid Waste Management of Visva Bharati Campus need to be prepared. For this, State Government in Urban Development and Municipal Affairs Department will engage a Micro Planning Organization.
10. Micro Planning Organization will prepare the DPR and Micro Plan with support from Visva Bharati and Bolpur Municipality, so that it can be prepared in realistic manner.
11. One DPR will be prepared for Integrated Solid Waste Management considering Fresh and Legacy Waste Management, Construction and Demolition Waste Management, Hazardous Waste Management, Biomedical Waste Management and e-Waste Management. Another DPR will be prepared for Liquid Waste Management considering Water Body Conservation, Used Water Management and Faecal Sludge Management.
12. For preparation of Detailed Project Report (DPR) and Micro Level Plan, complete enumeration of the area is very much essential, which will be conducted jointly by the enumerators of Visva Bharati and Bolpur Municipality under the active supervision of Micro Planning Organization. Four Teams (each team to be comprised of representative of Visva Bharati, Bolpur Municipality and Micro Planning Organization) to be deployed for supervision of identification of the entities under the jurisdiction of Visva Bharati and Bolpur Municipality.
13. State Government through Local Administration will try to solve the environmental problem of the pond of Bhubandanga bundh.
1614. After preparation of DPR, part of Visva Bharati owned area which is outside the jurisdiction of nay local body is to be covered by Visva Bharati and the other areas of the campus and fringe areas belonging to the jurisdiction of Bolpur Municipality are to be taken care by Bolpur Municipality.
15. As a Bulk Waste Generator, for solid and liquid waste management Visva Bharati may choose one of the following two options:
a) Set up its own waste management system (including manpower, vehicle and other infrastructure) at their own area and run the same by their own for the campus area, which is outside the jurisdiction of any local body.
b) Against user fee, infrastructure establishment & manpower support cost and other necessary support, may take these services from Bolpur Municipality either fully or partly.
16. As the University does not have any technical, infrastructure and financial resources to install and operate solid waste management and sewage treatment plant "within Santiniketan" as per order of the Hon'ble Green Tribunal, the State Govt. may build & operate the system for solid waste management and sewage treatment plant for Santiniketan as has already been requested for; else the University will approach to the UGC/MoE to arrange for CAPEX and OPEX of such project for Visva-Bharati area only which is outside the jurisdiction of any local body.
17. The cost for engagement of Micro Planning Organization and the cost of enumeration (wage of enumerators and logistic support) to be borne by UD & MA Department.
1718. The Environmental pollution of Fair (Poush Mela) and other ceremonies (if organized by local administration and permitted by Visva Bharati) at Visva Bharati area is to be managed by a Waste Management Agency engaged by the UD & MNA Department.
19. West Bengal Pollution Control Board will visit to the Pearson Memorial Hospital of Visva Bharati for inspecting the condition or incineration and for necessary clearance of WBPCB.
20. West Bengal Pollution Control Board shall issue following Advisories to Visva Bharati for Waste Management:
Step by step guidelines with Dos and Don'ts for implementation of solid waste management system as per SWM Rules, 2016.
Advisory for setting up Interim Central Processing Unit (CPUT) for dry and wet waste separately with Dos and Don'ts along with land requirement details (area, nature, category, facility of land etc.). Advisory for setting up Permanent CPU for dry and wet waste processing with Do's and Don't.
With no other issue for discussion the meeting followed by inspection ended with vote of thanks to and from the chair."
9. Thereafter, the decision taken in the meeting held on 11.11.2022 has also been outlined and filed along with the affidavit. The decision taken therein reads as under: -
"Minutes of the follow up meeting after the meeting with Visva Bharati Authority and Inspection of Visva Bharati Area as per direction of Hon'ble NGT vide O.A. No.129/2022/EZ regarding Solid and Liquid Waste Management of Visva Bharati University Campus Area 18 In the Chair: Additional Secretary, UD&MA Department Meeting Date: 11th November, 2022 Meeting Venue: Office of Sub Divisional Officer, Bolpur Meeting Time: 4.00 PM Meeting Attendees:
List of Participants: Annexed Additional Secretary, UD&MA Department chaired the meeting.
After the meeting with Visva Bharati Authority and inspection of Visva Bharati area alongwith Officials from Viswa Bharati, SSDA, WBPCB and District Authority pursuant to the direction of Hon'ble NGT vide O.A. No. 129/2022/EZ regarding Solid and Liquid Waste Management of Visva Bharati University Campus area, a follow up meeting was held at SDO Office among representatives of UD & MA Department, Bolpur Municipality, West Bengal Pollution Control Board, Additional District Magistrate Birbhum and SDO, Bolpur under the chairmanship of Additional Secretary, UD & MA Department, Government of West Bengal.
After detail discussions the following decisions were taken:
1) Brief discussion was held regarding the meeting held at Visva Bharati and the observation of inspection of Visva Bharati Campus area.
2) The Solid Waste and Liquid Waste Management matters of Visva Bharati Campus Area in compliance of SWM Rules, 2016 and as per direction of Hon'ble National Green Tribunal (NGT) to be taken care by Visva Bharati University for their own area only and Bolpur Municipality for rest of the areas falling within Ward No. 1, 2, 3, 4, 6, 7 and 9.19
3) At the outset, Detailed Project Report (DPR) and Micro Level Plan for Solid and Liquid Waste Management of Visva Bharati University Campus area needs to be prepared. For this, State Government in the Urban Development and Municipal Affairs Department will engage a Micro Planning Organization.
4) Micro Planning Organization will prepare a comprehensive DPR and Micro Plan (both for Solid and Liquid Waste Management) for the entire area within Visva Bharati University and the areas within Bolpur Municipality immediately adjacent to the Viswa Bharati Campus area.
5) The solid and liquid waste management of Visva Bharati owned area and fringe area shall be covered by Visva Bharati and Bolpur Municipality in their respective jurisdiction.
6) The environmental pollution of Fair (Poush Mela) and other ceremonies (being organized by local administration) at Visva Bharati area to be managed by engaging a Waste Management Agency with support of UD & MA Department.
7) As a Bulk Waste Generator, for solid and liquid waste management, Visva Bharati may choose one of the following two options:
Set up own waste management system (including manpower, vehicle and other infrastructure) at their own area and operate the same by their own resources.
Against user fee to be determined by the Bolpur Municipality, the required services may be provided by Bolpur Municipality.
8) For setting up own waste management system in their owned area, Visva Bharati Authority shall make the following arrangement:20
a) Complete enumeration of commercial and non-
commercial areas and preparation of route map for collection and transportation of segregated waste from doorstep
b) Assessment of manpower, bins, vehicles & equipments required.
c) Identification of Secondary Transfer Point for secondary transportation of waste.
d) Procurement of green and blue coloured Household and Community Bins for distribution to households and placement at specific locations respectively for segregated storage of dry and wet waste separately at source.
e) Procurement of Primary Vehicles (Tri Cycle Van) and Secondary Vehicles (Fuel Operated Tipper) for segregated collection and transportation of waste.
f) Selection and engagement of Conservancy Workers i.e. 'Nirmal Bandhu' and Motivators cum Supervisors i.e. 'Nirmal Sathi' (preferably all Female) for collection and Drivers for Secondary Transportation Vehicles for transportation of waste. One Nirmal Bandhu to be assigned to collect Municipal Solid Waste from 200 Households and 1 'Nirmal Sathis' to be covered 900- 1000 Households.
g) Procurement of safety equipments for Conservancy Workers i.e. 'Nirmal Bandhus'.
h) Immediately start multiple IEC activities and sessions for different categories of stakeholders and conservancy staff.
i) Identification of land for setting up Interim Central Processing Unit (ICPU) and preparation of drawing 21 and estimate for setting up the interim CPU and completion of the process for engagement of an agency to operate and maintain the interim CPU.
j) Set up Compost Unit for wet waste processing and Material Recovery Facility (MRF) for dry waste processing. Sell the compost manure at market or to farmers after testing in NABL accredited Laboratiry and giving a brand name and also sell of the sub- segregated dry waste to authorized dealers.
k) After the successful launching, there shall be a gradual transmission from the Interim CPU to Permanent CPU.
9) West Bengal Pollution Control Board shall issue the following advisories to Visva Bharati University for Waste Management:
Step by step guidelines with Dos and DON'Ts for implementation of solid waste management system as per SWM Rules, 2016.
Advisory for setting up Interim Central Processing Unit (CPU) for dry and wet waste separately with Dos and Don'ts alongwith land requirement details (area, nature, category, facility of land etc).
Advisory for setting up Permanent CPU for dry and wet waste processing with Dos and DON'Ts.
10) Advisory for management of environmental pollution of Fair (Poush Mela) and other ceremonies to be arranged by local administration at Visva Bharati area will be issued by WBPCB to Local Administration.
11) After issuing the advisory, WBPCB will start monitoring of the immediate activities as mentioned above.22
12) As an immediate action, Interim CPU to be set up (Technical Support may be provided from UD&MA Department) by Visva Bharati University.
13) All the technical support for implementation of Solid and Liquid Waste Management set up to be provided by UD & MA Department, if necessary.
14) State Government through the Local Administration will try to solve the environmental matter related to the water body at Bhubandanga Math. A joint inspection with District Administration, WBPCB, MED, SSDA and Bolpur Municipality has been planned for identification of the routes of environmental pollution of this pond will be organized on 16.11.2022 at 11 AM by Regional Office of WBPCB. On the basis of the report, the actions will be taken with technical support of MED.
With no other issue for discussion the meeting ended with vote of thanks to and from the chair."
10. Further directions have been issued to the University, West Bengal Pollution Control Board, Municipal Engineering Directorate, Bolpur Municipality and Sriniketan Santiniketan Development Authority (SSDA) by the Urban Development and Municipal Affairs Department vide letter dated 16.12.2022 filed as Annexure-R-3/2 to the affidavit. The directions dated 16.12.2022 read as under: -
Memo No. SUDA-13014(17)/14/2022-PM SEC(SUDA)-SUDA-1646 Date:16.12.2022 From: Shri Joly Chaudhuri, WBCS (Exe.), Additional Secretary, UD & MA Department & Additional Director, SUDA To:
1. Registrar, Visva Bharati University
2. Member Secretary, West Bengal Pollution Control Board 23
3. Chief Engineer, Municipal Engineering Directorate
4. Executive Officer, Bolpur Municipality
5. Executive Officer, Sriniketan Santiniketan Development Authority (SSDA) Sub : Request for initiating the actions as per direction of Hon'ble NGT vide O.A. No.129/2022/EZ dated 05.12.2022 and as per meeting and inspection held on 11.11.2022 and 16.11.2022 in connection with solid and liquid waste management of Visva Bharati University Sir, Apropos the captioned subject, you are aware that Hon'ble National Green Tribunal vide O.A. No. 129/2022/EZ dated 05.12.2022 has under the following observations:
1. As a Bulk Waste Generator, the Visva Bharati University is in total non-compliance w.r.t. the provisions of Solid Waste Management Rules, 2016 & as amended. It should immediately set up an arrangement for proper segregation, collection, storage and disposal of solid waste generated from its campus area as per Solid Waste Management Rules, 2016 & as amended. Alternatively, the University may enter into an agreement with Bolpur Municipality for proper management of solid wastes.
2. As regards waste management in Shantiniketan area, Bolpur Municipality cannot be exonerated from its responsibility of properly handling both solid & liquid wastes. The Municipal Authority along with authorities of Visva Bharati University, SSDA & Shantiniketan Trust should chalk out a plan on war footing basis for proper management of solid & liquid wastes. The Municipal Authority should also look into the matter so that no 24 sewage/sullage from municipality area enters into the Bhubandanga Bandh.
3. Visva Bharati University hospital is also violating the provisions of Bio Medical Waste Management Rules, 2016 & as amended. The hospital authority may be directed to strictly follow Bio Medical Waste Management Rules, 2016 & as amended and obtain necessary Consent to Operate and Bio-
Medical Waste Authorization from WBPCB.
4. Ms. Sucharita Biswas, Learned Counsel appearing for Respondent No.1, Viswa Bharati University, states that she has filed affidavit dated 23.11.2022 but the same is not on record.
5. The Counsel for the Respondent No.1 may verify from the Regisry of the Tribunal as to why the same is not on record and e-file the same within one week.
6. Mr. Siddhartha Ghosh, Learned Counsel appearing on behalf of the Respondent No.4, Sriniketan Shantiniketan Development Authority, also states that he has filed affidavit on behalf of the said Respondent but the same is not on record.
7. The Counsel for Respondent No.4 may also verify from the Registry of the Tribunal as to why the same is not on record and e-file the same within one week.
8. Mr. Sudip Kumar Dutta, learned Counsel appearing for State Respondents, Govt. of West Bengal, states that the counter-affidavit is ready but could not be filed since officer concerned is on leave. Let the same be filed within two weeks.
259. We also direct the Respondent No.1, Viswa Bharati University, to file its response in respect to the Inspection Report filed along with the affidavit dated 02.12.2022 within three weeks.
10. Next hearing is on 03.01.2023.
Now, considering the above directions and as per discussion held in the meeting on 11.11.2022 between Visva Bharati Administration, District Administration, Sriniketan Santiniketan Development Authority, Bolpur Municipality and State Government, and also as per inspection held on 16.11.2022 by Visva Bharati Administration, District Administration, Sriniketan Santiniketan Development Authority, Bolpur Municipality and West Bengal Pollution Control Board, you are requested kindly to initiate the following actions immediately:
1. The Solid and Liquid Waste Management matters of Visva Bharati Campus Area will be dealt by Visva Bharati for their own area (Action: Visva Bharati) Bolpur Municipality for the areas under their jurisdiction at Ward no.1, 2, 3, 4, 6, 7 and 9 (Action: Bolpur Municipality)
2. Visva Bharati will provide an area map (preferably in Auto cad) in hard and soft form to Bolpur Municipality.
(Action: Visva Bharati)
3. UD & MA Department, Government of West Bengal will engage a Micro Planning/Facilitation Organization for:
(Action: UD & MA Department)
4. Detailed enumeration of household/non-commercial and commercial establishment enumeration in support 26 of Visva Bharati and Bolpur Municipality (Action:
Micro Planning Organization, Visva Bharati and Bolpur Municipality)
5. Detailed Project Report for Solid (Fresh & Legacy Waste Management) and Liquid Waste Management (considering Water Body Conservation, Used Water Management and Faecal Sludge Management) in compliance of SWM Rules, 2016 preparation for Visva Bharati Campus Area. (Action: Micro Planning Organization in active support of Visva Bharati and Bolpur Municipality)
6. Detailed Micro Plan preparation for grounding the activities. (Action: Micro Planning Organization in active support of Visva Bharati and Bolpur Municipality)
7. Handholding for extensive Public Awareness & IEC and Capacity Building of different stakeholders. (Action:
Micro Planning Organization with active support of Visva Bharati and Bolpur Municipality)
8. The cost for engagement of Micro Planning/Facilitation Organization (wage of enumerators and logistics) to be borne by UD & MA Department. (Action: UD & MA Department)
9. Visva Bharati to communicate: (Action: Visva Bharati) To nominate one Nodal Officer for this purpose informing his/her address, mobile no and email ID.
Providing one of the two options of Bulk Waste Generator for processing of solid waste in segregated manner i.e. either manage on their own or enter into an agreement with Bolpur Municipality.
10. The environmental pollution of fair (Poush Mela) and other ceremonies (if organized by local administration 27 and permitted by Visva Bharati) at Visva Bharati Area to be managed by a Waste Management Agency engaged by UD & MA Department - (Action: UD & MA Department)
11. Following advisories to be issued by WBPCB to Visva Bharati for Waste Management: (Action: WBPCB) Step by Step Guidelines with Dos and DON'Ts for implementation of SWM System Advisory for setting up Interim CPU for Fresh Waste processing Advisory for setting up Permanent CPU Advisory for management of environmental pollution of Fair (Poush Mela) and other ceremonies to be arranged by local administration at Visva Bharati Area.
12. Interim CPU to be set up at Visva Bharati immediately. (Action: UD&MA Department, Visva Bharati and Bolpur Municipality)
13. Visva Bharati to apply Consent to Operate and Bio- Medical Waste Authorization for Bio Medical Waste Management before WBPCB and should functionalize Incinerator. (Action: Visva Bharati)
14. Bhubandanga Bandh water body having four divisions viz. Lalbandh (south), Dal Bandh (east), Barobandh (west) and Chhotobandh (north) is covering 28 acres land within Bolpur Municipality., To protect this Bandh from environmental pollution, Municipal Engineering Directorate to be engaged for this purpose for technical support. Outfall of 32 (three) drains of Ward no. 7 of Bolpur Municipality falling at Lalbandh either should be diverted or any other arrangement should be made. (Action: MED and Bolpur Municipality)"
2811. We have heard the learned Counsel for the parties and perused the documents on record.
12. Ms. Sucharita Biswas, learned Counsel appearing for the Respondent No.1, Visva Bharati University, raised a preliminary objection that the present Original Application is not maintainable, in view of the fact that this Tribunal had already passed final orders while deciding the Original Application No.16/2016/EZ, Subhas Datta vs. Visva Bharati University & Ors., and thereafter, Execution Application No.02/2019/EZ, had also been filed in which orders were passed on 19.08.2020 and therefore, the same matter could not be agitated over and over again as the court had been satisfied with the action taken while passing the order dated 19.08.2020.
13. Learned Counsel further submitted that the matter related to Poush Mela which has already been redressed by the University and there was no occasion for filing the present Original Application.
However, we reject the preliminary objection of the Counsel for the University, in view of the express liberty given by the Tribunal to the Applicant in paragraph-14 of its order dated 19.08.2020.
14. Mr. Subhas Datta, the Applicant in person, on the other hand submitted that the Tribunal in its order and judgment dated 01.11.2017 passed in Original Application No.16/2016/EZ had itself observed as under: -
"5. As would appear from the order dated 04.10.2016 (also extracted in the order dated 20.12.2016) we had inter alia directed that the Poush Mela should be held for 3 days as envisaged originally in the Deed of Trust of the University and that it should be restricted only to the sale and exhibition of 29 arts, crafts, traditional rural handicrafts, literature, etc., and in holding intellectual, academic and literary discourses. It was further directed that it would be permissible to play classical and traditional music, songs and ballads and that the Mela should be wound up without fail on the 4th day. Further direction was issued vide order dated 15.11.2016 whereby it was ordered that there should be no bursting of fire crackers at the beginning, during or at the end of the Mela as it did not form an essential part of the Mela but an embellishment of the recent past. This direction was felt necessary to be issued in consideration of the immense pollution potential of the fire crackers.
6. Although we were of the view that the orders passed in the two MAs would have been sufficient to dispose of the OA, an application was filed by the Applicant amongst others, suggesting bifurcation of the Poush Mela and Pous Utsav with the Mela being held outside and the Utsav within the University. We, therefore, directed vide order dated 17.04.2017 that the matter be discussed amongst the State Respondents, Bolepur Municipality, the Shantinekatan Trust and the Visva Bharati University and to arrive at a mutually acceptable solution. In response thereto, on 16.08.2016 an affidavit was filed on behalf of the Visva Bharati University, Respondent No.1, the relevant portions of which is reproduced below:
"5. The answering respondent states that another meeting was convened to finalize the matter and the applicant Subhas Datta was also invited to the said meeting held on July 17, 2017, in Visva Bharati's Rathindra Atithi Griha. The following officials were present: -
1) Prof. Swapan K. Datta, Vice-Chancellor (officiating) V.B.
2) Prof. Amit Hazra, Registrar (Acting), V.B.
3) Sri Bikash Roy Chowdhury, Sabhadhipati, Birbhum Zilla Parishad.
4) Sri P. Mohan Gandhi, District Magistrate, Birbhum.30
5) Smt. Shampa Hazra, Sub-Divisional Officer, Bolpur.
6) Sri Subimal Paul, Additional Superintendent of Police, Bolpur.
7) Sri Amlan Kusum Ghosh, Sub Divisional Police Officer, Bolpur.
8) Sri Subhas Datta, Applicant in OA No 16 of 2016/EZ.
9) Sri Anjan Fouzdar, Environmental Engineer, WBPCB, Durgapur.
10) Sri Swattik Saha, Executive Officer and Assistant Engineer, SSDA,
11) Smt. Subarna Dutta (Pandit), Assistant Planner, SSDA
12) Sri Amit Sengupta, University Engineer, Visva Bharati.
13) Sri Supriya Gangopadhyay, Chief Security Officer (Officiating), Visva Bharati.
14) Sri Ashok Kr. Mahato, Joint Registrar, Estate Office and Legal Cell, Visva Bharati.
15) Anil Kumar Konar, Hon'y Secretary, Santiniketan Trust.
16) Kalika Ranjan Chatterjee, Member Santiniketan Trust.
17) Dr. Amartya Mukherjee, Secretary, Visva-Bharati Karmi Parishad and Cultural Convener, Pous Mela.
18) Dr. Goutam Saha, Convener Pous Mela Committee, 2016.
19) Sri Debabrata Sarkar, President, VIsva Bharati Karmi Sabha.
20) Sri Sagar Biswas, Councillor, representing Chairman, Bolpur Municipality.
6. The following decisions were taken in the said meeting: -
i) 'Pous Mela' and 'Pous Utsav' are inseparable.
Considering the traditional, historical and cultural background of 'Pous Mela' the Pous Mela may not be held at different places. As usual, the Pous Mela may 31 be held within the Visva-Bharati premises itself, maintaining the uniqueness of the Pous Mela and academic ambience of the university. However, food stalls may be set up in a separate enclosure for ensuring hygiene and the overall stall distribution shall keep in mind the tradition and purpose of the Pous Mela i.e. stalls dealing with handicrafts, folk art, cultural discourse etc. shall be encouraged.
(ii) Some stall owners do not vacate the ground after three days because putting up a stall for three days only, is not financially viable. To discourage 'bhanga mela' (unauthorized mela after official closure), it is proposed that the Pous Mela may be officially held for six days and one day may be allowed for winding up of the stalls. The clearing and restoring the Pous Mela ground will be a joint responsibility of the Visva- Bharati and Pous Mela Committee. The District Magistrate and the Superintendent of Police will take necessary administrative measures including development of police force as requested by Pous Mela Committee for vacating the Pous Mela ground by 5.00 p.m. on 7th day. The Pous Mela Committee will make necessary announcement and deploy sufficient number of volunteers/members on ground to assist the Police in identifying/removing unauthorized stalls. Visva-Bharati authority will coordinate with the Stall Distribution and Rent Collection Sub-Committee and District Administration/Police.
(iii) The Sabhadhipati, Birbhum Zila Parishad assured that all possible administrative support will be provided to the University and Pous Mela Committee so that the ground is cleared of stalls on the 7th day by 5 pm.
(iv) The Hon'ble Tribunal may be requested to consider appointing the following personalities as Observers for 32 suggestions of cleanliness, pollution control, and waste disposal aspects.
(a) Sri Subhas Datta, Environmental Activist.
(b) Sri Jayanta Mitra, Senior Advocate,
(c) Dr. Kalyan Rudra, Chairman, WBPCB.
A copy of the Resolution of the meeting dated 17th July is annexed hereto and marked with the Letter "R- 2"."
15. The Applicant next submitted that since there was absolutely no compliance of the directions of the Tribunal dated 01.11.2017, therefore, he moved M.A. No.07/2019/EZ (later converted to Execution Application No.02/2019/EZ) in which further order was passed on 19.08.2020. Relevant paragraphs-13 & 14 of the order dated 19.08.2020 have already been extracted hereinabove.
16. Mr. Subhas Datta, further submitted that in spite of the directions given repeatedly by the Tribunal, there was no compliance on the part of the University and, therefore, he has had to filed the present Original Application No.129/2022/EZ seeking a direction for implementation of the Tribunal's previous orders dated 01.11.2017 and 19.08.2020 and also for a direction to the Respondents to comply with the Solid Waste Management Rules, 2016 and the Plastic Waste Management Rules, 2016.
17. Sriniketan Santiniketan Development Authority has filed affidavit dated 01.12.2022 stating therein that with regard to the directions of the Tribunal dated 19.08.2020, a decision has been taken by the Government of West Bengal, Department of Urban Development and Municipal Affairs on 26.10.2022. The said decision which is referred to in paragraph-7 of their affidavit is extracted herein below: -
33"7. As regards implementation of the order dated 01.11.2017 read with the order dated 19.08.2020, SSDA submits as follows: -
a) A decision has been taken by the Government of West Bengal, Department of Urban Development and Municipal Affairs on 26.10.2022, to the following effect:
(i) SSDA will execute the work (Solid Waste Management Plant and Sewage Treatment Plant) and fund will be provided to SSDA.
(ii) SUDA (State Urban Development Agency) will engage Micro Planner to conduct survey for daily waste generation and subsequently prepare the DPR.
(iii) On the basis of DPR fund to be sanctioned from State Budget by UD & MA Department.
(iv) After issuance of AA & FS by the Department in favour of SSDA, the SSDA will start the process for execution of the work.
(v) After completion off the work, the project may be handed over to Bolpur Municipality for day to day running of the plants."
18. It is further stated that the SSDA as a stakeholder is willing to carry out the work entrusted to it by the State Government once the DPR is prepared by the Micro Planner engaged by the State Urban Development Authority (SUDA) and necessary fund is sanctioned from the State Budget by the Department of the Urban 34 Development and Municipal Affairs in favour of Sriniketan Santiniketan Development Authority.
19. The West Bengal Pollution Control Board has filed its affidavit dated 02.12.2022, placing on record the Inspection Report of an inspection carried out of the premises in question on 01.11.2022 and 16.11.2022 at the Visva Bharati University and its precincts.
The observations and recommendations have already been extracted hereinabove.
20. The University has also filed its affidavit dated 25.11.2022 submitting that previously meetings were held between the University and various authorities on 23.07.2019, 18.12.2019, and previously to that on 10.07.2018, 08.08.2018 and 27.11.2018.
21. Allegations of negligence with regard to implementation of directions of the Tribunal regarding Solid Waste and Plastic Waste within the University have been denied. It is also stated that meetings were held on 11.11.2022 and 16.11.2022 within the Visva Bharati Campus between the various authorities.
22. Learned Counsel for the University further stated that the University does not have the infrastructure or the financial resources to install and operate Solid Waste Management and Sewage Treatment Plant (STP) in the Visva Bharati Campus in Santiniketan and a plea to that effect has also been taken in their affidavit and it is stated that vide letter dated 20.07.2019 information to that effect has also been communicated to the Additional District Magistrate.
23. A further affidavit dated 12.01.2023 has been filed by the University, stating therein that a system of Solid Waste collection exists in the University's own areas. It has more than 100 35 conservancy workers who collect the mixed wastes from Vats located at some places of the campus area and dispose of the waste in pits on vacant lands within the University area. The pits are covered with earth.
24. It is also stated that the University owns 28 acres pond, Bhubandanga Bundh in Ward No.7 of Bolpur Municipality, which is surrounded by residential households. The waste water of the drains of Bolpur Municipality are channelized to this pond and houses, hostels and lodges in the Municipality are disposing their solid wastes at the bank of and also inside the pond which is causing pollution and filling up of the pond. Three drains are connected to this waterbody damaging of the ecosystem of the waterbody. It is also stated that repeated efforts have been made by the University to fence the periphery of the waterbody but due to encroachment the same could not be done.
25. It is further stated that a Show Cause Notice was issued on 31.12.2019 by the West Bengal Pollution Control Board immediately after the Mela of 2019 explaining why Environmental Compensation of Rs.10,00,000/- (Rupees Ten lakhs only) be not imposed on Visva Bharati University for failure to comply or to implement the action plan discussed in the meeting held on 18.12.2019 chaired by the Chief Secretary. It is further stated that the show cause notice was later on not pressed by the West Bengal Pollution Control Board. It has again been stated that with regards installation of Solid Waste & Liquid Waste Management Systems in the Santiniketan area, the University does not have the technical, infrastructure and financial resources to install and operate Solid Waste Management and Sewage Treatment Plant (STP) within 36 Santiniketan. The State Government may build and operate the system for Solid Waste Management and Sewage Treatment Plant (STP) for Santiniketan or else the University will approach the UGC/Ministry of Environment to arrange for CAPEX and OPEX of such project for Visva Bharati area only which is outside the jurisdiction of any local body.
26. It is stated that regarding disposal of Bio-Medical Waste in the Visva Bharati Hospital, the University "will" follow the provisions of Bio-Medical Waste Management Rules, 2016 and obtain necessary Consent to Operate (CTO), and Bio-Medical Waste Authorization from West Bengal Pollution Control Board including installation and operation of fresh incinerator, autoclave etc. for disposal of Bio-Medical Waste subject to receipt of funds from the Central Government and the UGC as stated in paragraph-c of paragraph-6 of the affidavit.
This clearly shows that till date the University has not been following the Bio-Medical Waste Management Rules, 2016 and also does not have the requisite Authorization or Consent to Operate (CTO).
27. Coming to the Minutes of the Meeting held between the various authorities on 11.11.2022 with the Registrar of the University chairing the meeting, the views of the University, the Inspection Report in the light of the orders of the Tribunal, the following points have been duly considered.
It was agreed that Solid Waste and Liquid Waste Management matters of Visva Bharati Campus in compliance of Solid Waste Management Rules, 2016, is to be taken care of by Visva Bharati (for their own area, which is outside the 37 jurisdiction of any local body) and Bolpur Municipality (for the rest of the areas of the Campus belonging to Ward No.1, 2, 3, 4, 6, 7 & 9).
Visva Bharati will provide an area map (preferably Auto Cad Map) for detailed and clear understanding and demarcation of Bolpur Municipality Area and Visva Bharati owned Area for further action.
A Detailed Project Report (DPR) and Micro Level Plan for Solid and Liquid Waste Management of Visva Bharati Campus needs to be prepared. For this, the State Government in the Urban Development and Municipal Affairs Department will engage a Micro Planning Organization.
Micro Planning Organization will prepare the DPR and Micro Plan with support from Visva Bharati and Bolpur Municipality.
One DPR will be prepared for Integrated Solid Waste Management considering Fresh and Legacy Waste Management, Construction and Demolition Waste Management, Hazardous Waste Management, Bio-Medical Waste Management and E-Waste Management. Another DPR will be prepared for Liquid Waste Management considering, Water Body Conservation, Used Water Management and Faecal Sludge Management.
For preparation of the DPR and Micro Level Plan, enumeration of area will be conducted jointly by the enumerators of Visva Bharati and Bolpur Municipality.
38 State Government through Local Administration will try to solve the environmental problem of the pond of Bhubandanga Bundh.
After preparation of DPR, part of Visva Bharati owned area which is outside the jurisdiction of any local body is to be covered by Visva Bharati and other areas of the Campus and fringe areas belonging to the jurisdiction of Bolpur Municipality are to be taken care of by the Bolpur Municipality.
As a Bulk Waste Generator, for Solid and Liquid Waste Management, Visva Bharati may choose one of the following two options: -
i. A setup its own Waste Management System at their own area and run the same on their own for the Campus Area, which is outside the jurisdiction of any local body.
ii. Against user fee, infrastructure establishment & manpower support cost and other necessary support, may take these services from Bolpur Municipality.
The State Government may build & operate the system for Solid Waste Management and Sewage Treatment Plant (STP) for Santiniketan, else the University will approach the UGC/MoE to arrange for CAPEX and OPEX.
The cost of engagement of Micro Planning Organization and cost of enumeration (wage of enumerators and logistic support) is to be borne by Urban Development and Municipal Affairs Department.39
The environmental pollution of Fair (Poush Mela) and other ceremonies (if organized by Local Administration and permitted by Visva Bharati) in the Visva Bharati Area, is to be managed by a Waste Management Agency engaged by Urban Development and Municipal Affairs Department.
West Bengal Pollution Control Board will visit the Pearson Memorial Hospital of Visva Bharati for inspecting the condition of incineration and for necessary clearance of WBPCB.
West Bengal Pollution Control Board shall issue advisories to Visva Bharati for Waste Management as mentioned in the Minutes: -
The points noted in the Minutes of the Meeting for discussion have similarly been outlined under the heading "Decisions Taken", paragraph 1 to 8 and sub-paragraph (a) to
(k), and paragraph-9 to 14 which have already been extracted hereinabove.
28. However, from the Minutes of the Meeting and the projected action to be taken either by the Government at its level or by the Visva Bharati University, we find that no timelines have been given for execution of the various projects.
29. However, considering that this matter has been under consideration of the Tribunal since 2016 and from time to time orders have been passed by the Tribunal which have not activated the authorities till the present Original Application No.129/2022/EZ was taken up and orders passed therein, we direct all the stakeholders to complete the various projects decided 40 upon in the Minutes of the Meeting dated 11.11.2022 by 31.12.2024.
30. A compliance Report on affidavit shall be filed by the District Magistrate and Collector, Birbhum by 31.01.2025 before the Registrar, National Green Tribunal, Eastern Zone Bench, Kolkata, with copy to the Applicant.
31. With the aforesaid directions, the Original Application No.129/2022/EZ is accordingly disposed of, and in case of non-
compliance it shall be open to the Applicant to approach the Tribunal with appropriate application.
32. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ....................................... Prof. A. Senthil Vel, EM February 08, 2023 Original Application No.129/2022/EZ MN 41