National Green Tribunal
Rajiv Chekuri S/O Venkataramana ... vs The Panchayat President on 2 November, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.11:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
M.A. No.38 of 2017 (SZ) in
Original Application No.155 of 2016 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Mr. Rajiv Chekuri
S/o. Venkataramana Chekuri
Kanchipuram District.
...Applicant(s)
Versus
The Special Officer,
Sithalapakkam Village Panchayat,
Kanchipuram District and Ors.
...Respondent(s)
Date of hearing: 02.11.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Sri. S.N. Parthasarathi through
M/s. Girija for R1 to R6.
Sri. C. Kasirajan through
M/s. Meena for TNPCB.
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ORDER
1. As per order dated 15.09.2020, this Tribunal had considered the report submitted by the Joint Committee and directed the committee to come with a further report regarding the manner in which the waste is generated, collected, segregated and disposed of in their panchayat and if there is any violation, what is the action taken by them in this regard as mere recommending or warning them for non-compliance will not be sufficient in view of the directions given by the Principal Bench of the National Green Tribunal in Original Application No.606 of 2018 and directed the committee as well as the Pollution Control Board to submit a further action taken report and it was being adjourned from time to time for that purpose.
2. When the matter came up for hearing today through Video Conference, there is no representation for the applicant. Sri. S.N. Parthasarathi through M/s. Girija represented respondents 1 to 6 and Sri. C. Kasirajan through M/s. Meena represented the Tamil Nadu Pollution Control Board (TNPCB), who is the one of the committee member.
3. We have received the report submitted by the Joint Committee which reads as follows:-
"Report of the Joint Committee on M.A. No.38 of 2017 in O.A. No.155 of 2016 (SZ) filed by Rajiv Chekuri before the Hon'ble National Green Tribunal (Southern Zone) [2]
1. Orders of the Hon'ble Tribunal It is respectfully submitted that the Hon'ble National Green Tribunal (SZ), Chennai in its order dated 18.03.2020 in the matter of M.A. No.38 of 2017 in O.A. No.155 of 2016 (SZ) directed the following, "This Tribunal, by order dated 23.12.2016 disposed of the case by giving the following directions:
"By our order dated 15.11.2016,the Sithapakkam Panchayat has already been directed not to burn any solid waste. In law,
the solid waste cannot be burnt either by the local authority or by the waste generators or the waste pickers.
As the respondents have not prepared the solid waste management plan as provided under the Solid Waste Management Rules, 2016, we issue the following directions:
Respondent No. 1., Sithlapakkam Panchayat is restrained from burning the solid waste either at the streets or at any other place. They shall dispose the solid waste only as provided under the Solid Waste Management Rules, 2016.
The respondents are directed to immediately prepare a solid waste management plan as per state policy and strategy on solid waste management, as provided under Rule 15 of Solid Waste Management Rules, 2016, if not yet prepared. The respondents are directed to dispose the solid waste generated in the Sithapakkam Panchayat only in accordance with the Solid Waste Management Rules, 2016."
So under such circumstances, we feel it appropriate to appoint a joint committee, comprising of (1) District Collector, Chengalpet (2) Senior Scientist from Tamil Nadu Pollution Control Board and (3) Block Development Officer, Sithalapakkam to inspect the area in question and submit a factual and action take report as to whether the first respondent Panchayat is implementing the Solid [3] Waste Management Rules, 2016 in their Panchayat, what are they doing with the waste that is being taken to the dumping yard, is there any action plan prepared by them for the disposal of waste already collected as directed by the Principal Bench of this Tribunal in O.A.No.606 of 2018 and if no such action plan has been prepared and the waste is not properly disposed of, then what is the action taken by Pollution Control Board against them for non implementation of the provisions of the Solid Waste Management Rules, 2016 including imposition of environment compensation and submit a report to this Tribunal within a period of two months through e-mail at [email protected] or by e-filing.
Block Development Officer, Sithalapakkam will be nodal agency for coordination and also for providing necessary logistic for this purpose."
In due compliance of the said Hon'ble National Green Tribunal direction, Joint Committee report was filed before the Hon'ble National Green Tribunal The Hon'ble National Green Tribunal (SZ), Chennai in its order dated 30.09.2020 in the matter of M.A. No.38 of 2017 in O.A. No.155 of 2016 (SZ) further directed the following, "As per order dated 15.09.2020, this Tribunal had considered the report submitted by the Joint Committee which was received on 14.09.2020 and thereafter, directed the committee as well as the Tamil Nadu Pollution Control Board to file a further report regarding the manner in which the waste collected are being disposed of by the local body namely, Sithalapakkam Panchayat and also whether the directions given by the Principal Bench of National Green Tribunal in O.A. No.606 of 2018 has been complied with and posted the case to today for that purpose."
2. Compliance of the direction In due compliance of the said Hon'ble National Green Tribunal direction, further report on the manner in which the waste collected are being disposed of by the local body namely, Sithalapakkam Panchayat are as follows:
1. Total Area of the Sithalapakkam Village Panchayat:
12.00 Sq.Km.
2. Total Population of the Panchayat: 13542 [4]
3. Total Household of the Panchayat: 6159
4. No of Wards: 9 Nos.
Solid Waste Management Generation of total Solid Waste in the Panchayat: 5.00 MT/day (Biodegradable waste - 2 MT and Non Biodegradable waste - 3 MT) Present status of collection and disposal of solid waste:
Presently the village panchayat carried out door to door collection of solid waste of 5 T/day deploying 6 E-Cart Tricycle, 9 Push carts, 3 Tractors and with 37 sanitary workers. Out of 5 T/day solid waste, biodegradable solid waste is 2 T/day and the non biodegradable waste is 3 MT/day. The village panchayat is not having solid waste processing facility and the collected solid waste is being dumped in the solid waste dumping facility of Perumbakkam Village Panchayat at Perumbakkam of St. Thomas Mount Panchayat Union, Chengalpattu District which is the adjacent village panchayat. The Block Development Officer, St. Thomas Mount Panchayat Union has addressed the Corporation of Chennai vide Letter No. Na/Ka/No.4677/2017/Aa1 dated 07.10.2020 and 29.10.2020 (Copy enclosed) requesting permission to dump the solid waste generated from the Sithalapakkam Village Panchayat area in their Perungudi facility. He has also stated that the said arrangement is till the solid waste processing facility is established at Sithalapakkam Village Panchayat.
It is submitted that as the Sithalapakkam Village Panchayat is not having any space in its panchayat area for dumping the solid waste till the establishment of the Micro Composting Center, the same is dumped in the Perumbakkam Solid Waste dumping facility. It is estimated that around 80 Tons legacy waste is found dumped in the said dumping facility and the St. Thomas Mount Panchayat Union has proposed to carryout Bio-Mining of the said legacy waste within three months.
It is further submitted that as the Village Panchayat has taken action for the complete removal of the legacy waste and taken action for the complete day to day collection of the solid waste generated from the village panchayat area and being transported to the Perumbakkam Solid Waste dumping facility as a temporary [5] measure and taking action for the 100% door to door collection of segregated solid waste, establishment of the MCC for handling Biodegradable waste, Environmental Compensation to the said local body has not been levied.
4. Recommendations:
Based on the above, the Joint Committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone) for its kind consideration
1. The village panchayat shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal by complying with the provisions of the Solid Waste Management Rules, 2016 within 3 months time.
2. The village panchayat shall not dump solid waste under any circumstances in the said area in question i.e. in the area at Ottiyampakkam Main Road near burial ground and in Survey No.12/3 of T.V. Nagar of Sithalapakkam Village.
3. The village panchayat shall establish Micro Composting Centre within three months within the village panchayat area to compost the segregated bio degradable wastes of 2 MT/day and non degradable waste of 3 MT/day including plastic waste shall be sent to cement factories for co-processing complying with the provisions of the Solid Waste Management Rules, 2016.
4. St. Thomas Mount Panchayat Union shall take steps within three months to carryout Bio-Mining/Composting of the legacy waste dumped in the Perumbakkam Village Panchayat dumping facility."
4. It is only mentioned in the report that some action has been taken and some action are proposed and they are not dumping the waste at present in the present dumping site but, it is being taken to Perumbakkam for this purpose.[6]
5. They have not mentioned in the report as to whether any environmental compensation has been imposed as directed by this Tribunal in view of the directions given by the Principal Bench of the National Green Tribunal in Original Application No.606 of 2018. It is also clear from the report that even the waste is dumped now in Perumbakkam is not being processed scientifically.
6. The grievance in this application is that they are not complying with the directions issued by this Tribunal while disposing the matter directing the 1st respondent/Panchayat to implement the Solid Waste Management Rules, 2016 in its letter and spirit and inspite of this, violation still continues.
7. When this was pointed out, the learned counsel appearing for the Pollution Control Board submitted that they will come with a further action taken report, if some time is granted.
8. So considering the circumstances, we direct the Pollution Control Board to file a further action taken report for the violation committed by the 1 st respondent/Panchayat in view of the directions given by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 on or before 14.12.2020 by e-filing along with necessary hardcopies to be produced as per Rules.[7]
9. The Registry is directed to communicate this order to the members of the committee as well as to the Tamil Nadu Pollution Control Board (TNPCB) so as enable them to comply with the direction.
10.For consideration of further action taken report, post on 14.12.2020.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) M.A.38/2017 in O.A. No.155/2016, 02nd November, 2020. Mn.
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