National Green Tribunal
Surat Green Precast Pvt. Ltd vs Reliance Industries Ltd. & Ors on 22 July, 2020
BEFORE THE NATIONAL GREEN TRIBUNAL
(WESTERN ZONE) BENCH, PUNE
(Video Conferencing)
**********
Original Application No.26/2020(WZ)
(I.A. No. 52/2020)
IN THE MATTER OF:
1. Surat Green Precast Pvt. Ltd.
Having Registered Office at: Block No.830-833
Near Reliance Cross Road, Kosad, Surat-394107
...Applicant(s)
VS
1. Reliance Industries Ltd.
Through its Senior Vice President,
Mr. Jayesh Gajjar,
Having Office Address: Corporate Affairs Reliance
1st Floor, Anand Mahal Building,
Anand Mahal Road,
Adajan, Surat-395009, Gujarat
2. Executive Engineer
Solid Waste Management-SMC,
West Zone, Tadwadi, Rander,
Gujarat,
3. Executive Engineer
South West(Athwa)Zone-SMC
Near to Aadarsh Bhavan Athwa Lines
Surat-395001, Gujarat
4. Regional Officer
Gujarat Pollution Control Board,
Surat-395003, Gujarat
5. Central Pollution Control Board
Parivesh Bhawan, East Arjun Nagar,
Shahdara, Delhi-110032
......Respondent(s)
Counsel for Applicant(s):
Ms. Fawia M. Mesquita, Advocate
Counsel for Respondent(s):
1
Mr. Pinaki Misra Sr. Adv., Mr. K.R. Sasiprabhu, Mr.
Ketan Dave, Mr. Rohit Chandra & Mr. Rishit Badani
Advocates for Respondent No.01
Mr. Jayesh Gajjar, Vice President for Respondent
No.01
Mr. V.D. Rakholiya, Advocate for Respondent No. 04
Mr. Aniruddha S. Kulkarni, Advocate for Respondent
No. 05
Ms. Supriya Dangare, Advocate for Surat Municipal
Corporation
ORDER
PRESENT:
Hon'ble Mr. Justice Sheo Kumar Singh (Judicial Member) Hon'ble Dr.Satyawan Singh Garbyal (Expert Member) Reserved on: 22.07.2020 Uploaded on: 25.07.2020
1. Whether the judgment is allowed to be published on the net?
2. Whether the judgment is allowed to be published in the NGT Reporter?
Sheo Kumar Singh J.
1. The disposal of construction and demolition waste is a major issue and clause 4 of the Construction and Demolition Waste (Management and Handling) Rules, 2016 (C&D Rules) provides as follows:
"
(1) Every waste generator shall prima-facie be responsible for collection, segregation of concrete, soil and others and storage of construction and demolition waste generated, as directed or notified by the concerned local authority in consonance with these rules.
(2) The generator shall ensure that other waste (such as solid waste) does not get mixed with this waste and is stored and disposed separately.
(3) Waste generators who generate more than 20 tons or more in one day or 300 tons per project in a month shall segregate the waste into four streams such as concrete, soil, steel, wood and plastics, bricks and mortar and shall submit waste management plan and get appropriate approvals from the local 2 authority before starting construction or demolition or remodeling work and keep the concerned authorities informed regarding the relevant activities from the planning stage to the implementation stage and this should be on project to project basis.
(4) Every waste generator shall keep the construction and demolition waste within the premise or get the waste deposited at collection centre so made by the local body or handover it to the authorised processing facilities of construction and demolition waste; and ensure that there is no littering or deposition of construction and demolition waste so as to prevent obstruction to the traffic or the public or drains. (5) Every waste generator shall pay relevant charges for collection, transportation, processing and disposal as notified by the concerned authorities; Waste generators who generate more than 20 tons or more in one day or 300 tons per project in a month shall have to pay for the processing and disposal of construction and demolition waste generated by them, apart from the payment for storage, collection and transportation. The rate shall be fixed by the concerned local authority or any other authority designated by the State Government."
2. Clause 8 of the C&D Rules lays down duties of the State Pollution Control Board:
"(8) Duties of State Pollution Control Board or Pollution Control Committee-
(1) State Pollution Control Board or Pollution Control Committee shall monitor the implementation of these rules by the concerned local bodies and the competent authorities and the annual report shall be sent to the Central Pollution Control Board and the State Government or Union Territory or any other State level nodal agency identified by the State Government or Union Territory administration for generating State level comprehensive data. Such reports shall also contain the comments and suggestions of the State Pollution Control Board or Pollution Control Committee with respect to any comments or changes required;
(2) State Pollution Control Board or Pollution Control Committee shall grant authorization to construction and demolition waste processing facility in Form-III as specified under these rules after examining the application received in Form I;
(3) State Pollution Control Board or Pollution Control Committee shall prepare annual report in Form IV with special emphasis on the implementation status of compliance of these rules and forward report to Central Pollution Control Board before the 31 st July for each financial year."3
3. It is stated that the applicant had entered into a concession agreement for 20 years for the work of collection, transportation and treatment of construction and demolition waste generated in the Surat city. Respondent no. 1 has built a township at Reliance Tower, Ward no. 25, Athwa Umra. The building was very old and required to be demolished and as per guidelines, the building was demolished and there is approximately 30,000-35,000 MT waste generated by the respondent no. 1 from the demolition site. It is further alleged that the respondent no. 1 has not taken necessary authorization under the rules for disposal of the waste and disposing it in an unscientific way. The applicant is owner of a company working to the management of the construction and demolition waste and the disposal material are utilized to recycle and recover valuable material and used in sanitary landfill for municipal solid waste of the city or region as mentioned at Schedule I of the C&D Rules. It is further stated that residual recovered from construction and demolition waste processing or recycling industries shall be land filled in the sanitary landfill for solid waste. Since the applicant has entered into an agreement with the Municipal Corporation for disposal of C&D waste and the respondent no. 1 has not given the work of C&D waste to the applicant, thus, this application with the prayer that the respondent no. 1 should be directed to dispose of the C&D waste in accordance with the Rules.
4. Respondent no. 1 has filed I. A. No. 52/2020 with the prayer that the reply submitted by the respondent no. 1 should be taken on record. The I. A. is allowed and the reply submitted by the respondent no. 1 be taken on record. By filing the reply, the 4 respondent no. 1 had submitted that the application is not maintainable and deserves to be dismissed in limine and with exemplary cost, inter alia, on following grounds:-
(A) Application filed by the applicant is motivated and for personal business/financial gain;
(B) The Applicant has no locus standi and or any cause of action to file the present application;
(C) Application is hit by limitation and is time-barred;
(D) The applicant has not exhausted all the statutory remedies available in law and hence the application is pre-mature;
(E) Applicant has suppressed various material facts with a view to mislead the Hon'ble Tribunal;
(F) Application is frivolous and devoid of merits as respondent no. 1 is in total compliance of C&D Rules;
and the applicant will be doubly benefited if respondent no.1 were to engage them for disposal of their own waste. The applicant would not only charge respondent no. 1 for disposal of the respondent's own waste but also would earn out of the utilisation/ sale of the recycled waste collected from the Subject Site of respondent no. 1.
5. It is further submitted that being in profession of C&D waste, the applicant is compelling the respondent no. 1 to give the applicant business for which and for the collection of C&D waste, the applicant charges him some amount at a rate fixed by the applicant and after that if the respondent is in need of C&D waste for landfilling then the respondent has to purchase the same from the applicant on the rate to be fixed by the respondent. In this way, the applicant is doing business on the cost of the respondent no. 1. It is 5 further submitted that respondent no. 1 is a reputed company and requires the C&D waste for own purposes to use for landfilling for which the respondent no. 1 has taken the permission from the competent authority and doing the work in accordance with the Rules.
6. It has further been submitted that respondent no. 1 had residential buildings at TP Scheme no. 6, Final Plot nos. 66/P, 67P, 62 85 63, Surat admeasuring total 22,420 SqM which were lying unoccupied for several years and were in dilapidated condition. On complaint from-adjoining residents, respondent no. 3 had sent Notice dated 19.10.2018 and final notice dated 09.05.2019 to respondent No. 1 for repairing/demolition of dilapidated property. Accordingly, respondent No. 1 gave work order for demolition of dilapidated buildings and intimated the same to respondent no. 3 by letter dated 09.05.2019. Pursuant to C&D Rules, 2016 coming into force, SMC Standing Committee Resolution dated 01.10.2016 acknowledging the responsibility of SMC as local authority under C&D Rules, 2016 and outlining the procedure thereof to be adopted by Waste Generators. SMC has categorically provided option to waste generators for own use of C&D waste at para 8 of SMC Standing Committee Resolution dated 01.10.2016. Based on this, respondent no. 1 conveyed to respondent no. 3 vide letter dated 30.08.2019 that the C&D waste so generated shall be shifted to its own site outside SMC limits and the said waste shall be done in accordance with the provisions of C&D Rules 2016.
7. Respondent no. 1 has selected site of its own ownership & possession for scientifically storing the preliminary processed demolition waste in village Damka, total admeasuring 2,69,296 6 SqM "Storage Site" which is outside limits of Surat Municipal Corporation. Respondent No. 1 eventually has plans to re-use the C&D waste for filling low-lying areas of RIL plot at village: Damka (Storage Site) and developing truck parking lot and internal roads.
8. Respondent No. 3 (SMC) by its letter dated 13th July, 2020 partially withdrew the notice dated 18th June, 2020 and permitted respondent no. 1 to carry out demolition of remaining dilapidated building within a period of 20 days on the condition that until the final judgment is received in the present proceeding, the C&D waste inside the premises should not be disposed from the demolition site.
9. It is stated that the applicant has falsely contended that respondent no. 1 has not complied with the provisions of C&D Rules in the process of demolition of residential buildings on the Subject Site. The demolition has been undertaken pursuant to direction of Executive Engineer - Surat Municipal Corporation and are being carried out in strict accordance of the extant C&D Rules.
10. The applicant has admittedly entered into a Concession Agreement with SMC for handling of C&D waste under C&D Rules, 2016, and there is no arrangement or privity of contract with respondent no. 1. Thereby, the applicant has no grievance or right to file any application against respondent no. 1.
11. It is further argued that the application dated 12.06.2020 is clearly filed beyond the period of limitation of 6 months as also the period of sixty days thereafter for further condonation of delay and hence time-barred and deserves to be dismissed.
12. Rules 4(3) of C&D Rules provides as follows: 7
"(4) Duties of the waste generator --
(1) ..........
(3) Waste generators who generate more than 20 tons or more in one day or 300 tons per project in a month shall segregate the waste into four streams such as concrete, soil, steel, wood and plastics, bricks and mortar and shall submit waste management plan and get appropriate approvals from the local authority before starting construction or demolition or remodeling work and keep the concerned authorities informed regarding the relevant activities from the planning stage to the implementation stage and this should be on project to project basis ......... ,,
13. Para 8 of SMC Standing Committee Resolution dated 01.10.2016 entitles respondent no. 1 to dispose the waste generated at the Subject Site by making its own arrangements as per C&D Rules. The said Resolution is passed by SMC pursuant to powers contained in Rule 6(1) of the C&D Rules. Under the said Rule, it is a duty of the local authority (SMC in present case) to issue detailed directions with regard to management of construction and demolition waste. The Rule 6(1) of C&D Rules is reproduced hereinbelow for sake of convenience.
"(6) Duties of local authority-The local authority shall,-(1) issue detailed directions with regard to proper management of construction and demolition waste within its jurisdiction in accordance with the provisions of these rules and the local authority shall seek detailed plan or-undertaking as applicable, from generator of construction and demolition waste;"
14. Thus, Rule 6(1) casts duty upon the Local Authority to give waste generators the option to either submit Waste Management Plan or Undertaking. It is submitted that respondent no. 1 has submitted to SMC both the detailed waste management plan as well as the undertaking, as and when demanded. Under para 8 of the SMC Standing Committee Resolution dated 01.10.2016 the waste 8 generator, who does not wish to take advantage of the facility provided by SMC for disposal of construction and demolition waste, is required to make its own arrangement for management and construction of demolition waste. The generator is required to do so in accordance with C&D Rules. Para 8 of the SMC Standing Committee dated 01.10.2016, is reproduced hereinbelow for sake of convenience.
"(8) Waste generators, who do not wish to take advantage of the facility provided by Surat Municipal Corporation for disposal of Construction 86 Demolition waste, will have to make their own arrangements for management of construction and demolition waste.
The waste generator will have to dispose the waste in accordance with the Construction & Demolition Waste Management Rules, 2016 and also ensure/take care that its provisions are not violated."
15. Respondent no. 1 has, in accordance with above Rules and pursuant to the above SMC Standing Committee Resolution dated 01.10.2016 in particular para 8 reproduced hereinabove, has by its letter dated 30th August, 2019, intimated to respondent no. 3 (SMC) that respondent no. 1 will dispose the waste generated out of the demolition work at its own site, outside the limits of SMC as per C&D Rules and has also submitted an Undertaking taking full responsibility in compliance of the same. Various correspondence had been exchanged between respondent no. 3 (SMC) and respondent no.1 with respect to waste disposal and submission of Waste Management Plan. On 17th February, 2020, respondent no. 3 (SMC) addressed a communication to respondent no. 1 and noted that respondent no. 1 has intimated that waste generated during the demolition of Subject Site will be disposed of by respondent no. 1 outside the boundary/jurisdiction of SMC at its own site. Respondent no. 3 (SMC) informed respondent no.1 that the said 9 disposal should be carried out in accordance with the procedure laid down under C&D Rules, and under supervision of GPCB or any agency authorised by GPCB and copy of certificate of waste disposed to be submitted to respondent no. 3 (SMC). On 26th February, 2020, pursuant to direction contained in letter dated 17th February, 2020 of respondent no. 3 (SMC), respondent no. 1 vide its letter submitted to respondent no. 3 (SMC), its Waste Management Plan prepared by M/s. Pollucon Labs. Pvt. Ltd., agency authorised by GPCB in this behalf. Through the said Waste Management Plan, respondent no. 1 categorically informed respondent no. 3 that the C&D waste is proposed to be stored at its own plot at village: Damka for eventual utilization for filling low-lying areas of the same plot. That as per Rule 6(7) of the C&D Rules, it is the duty of Local Authority (SMC in this case) to sanction the Waste Management Plan of the generators within a period of 1 month from the date of its submission.
16. On 11th March, 2020, respondent no. 3 (SMC) called upon respondent no. 1 for personal hearing in the matter and directed respondent no. 1 to produce evidence with respect to disposal of waste as per C&D Rules. Accordingly, a meeting was held with SMC Officials, wherein respondent no.1 was advised to submit an Undertaking stating that respondent no. 1 will carry out the disposal of waste as per C&D Rules and in accordance with para 8 of SMC Standing Committee Resolution dated 01.10.2016. The said Undertaking was submitted by respondent no. 1 by its letter dated 11th March, 2020. As per C&D Rules, disposal of waste at generation site is preferred, but this was not possible in the present case as:
a) There is no plan of re-developing the Subject Site in near future;10
b) There are space constraints in the Subject Site having area 22,420 SqM for storage of C&D waste;
c) Nuisance may be caused to the surrounding dense residential neighbourhood;
d) Potential to choke-up underground storm water drainage network of SMC, during heavy rainfall.
17. Respondent no. 1 has selected its own site outside SMC limits in village Damka as Storage site, so that the C&D waste generated at Subject site can be re-used for the purposes of filling-up the low lying land which may be used for non-agricultural use in future. This Storage site is having area admeasuring 2,69,296 SqM which has sufficient space and is away from residential areas for systematically storing the waste generated out of demolition of the Subject Site, thereby not causing any nuisance to the neighbourhood. Storage site has fencing, green-belt development, away from habitation clusters, far away from any notified river/creek i.e. not in CRZ area etc. As per Waste Management Plan prepared by M/s. Pollucon Labs. Pvt. Ltd., agency authorised by GPCB, respondent no. 1 will reuse the said C&D waste for filling up the low-lying areas of respondent no. 1's Damka site in a scientific manner and as per C&D Waste management scheme and layout plan attached to the said Waste Management Plan. By utilising the demolition waste at this site, respondent no. 1 will be able to reduce the mining of natural resources i.e. minor minerals for filling up the low-lying areas which actually advances the cause of environmental protection. The re-use of the demolition waste will be carried out in compliance with C&D Rules and in a scientific manner beneficial to 11 environment. Accordingly, the application is frivolous and devoid of merits as respondent no. 1 is in compliance of C&D Rules.
18. Vide order dated 19.06.2020, direction was issued to Gujarat State Pollution Control Board (GSPCB) to submit a report. In compliance thereof, the GSPCB has submitted a report which is as follows:
"Inspection of Reliance Industries Ltd, residential township Demolition Site located at Piplod, Surat (Surat Municipal Corporation area) and demolition waste disposal site located at Block/Survey No. 435-P 1/1, Village: Damka, Ta: Choryasi, Dist: Surat situated outside limits of Surat Municipal Corporation (SMC) were carried out by the Board on 01/07/2020 (Inspection report attached herewith as Annexure- II) with reference to Hon'ble NGT order dated 19/06/2020 in Original Application No. 26/2020.
Summary of the inspection report is as under:
Three residential townships of Reliance Industries Ltd, are located at 1) Final Plot (F.P.) No. 66/P &67/P, total two tower (Tower T & U), 2) Final Plot (F.P.) No. 62, total six tower (Tower A to F) and 3) Final Plot (F.P.) No. 63, total six tower (J, K, L & O, P, Q) in Town Planning Scheme (TP Scheme) Number 6, Piplod, Surat where demolition is carried out. Total 14 high-rise buildings each of 12 stories. All the three sites are surrounded by residential buildings of Piplod area.
• Present status at each Final Plots are as under:
1) Final Plot (F.P.) No. 66/P &67/P, total two tower (Tower T & U), Total two towers T & U are completely demolished and almost all the demolition waste - concrete, bricks, mortar waste about 8000 MT is shifted at their own land located at Block/Survey No. 435-P 1/1, Village Damka, Dist: Surat. Remaining some concrete, bricks waste is used at site for land-levelling purpose.
This building site is located on bank of River Tapi.
2) Final Plot (F.P.) No. 62, total six tower (Tower A to F). Total six towers (A to F). From top to 3rd floor demolition work i.e. about 90 % of demolition work is completed. About 9000 MT demolition waste - concrete, bricks, mortar waste are found lying at the site. This premises gate was observed sealed by Surat Municipal Corporation (SMC).
3) Final Plot (F.P.) No. 63, total six tower (J, K, L & O, P, Q). Total six towers (J, K, L & O, P, Q) demolition work is completed. About 5500 MT demolished waste - concrete, bricks, mortar waste are found lying at the site. About 7000 MT demolition waste - concrete, bricks, mortar waste is shifted at their own 12 land located at Block/Survey No. 435-P 1/1, Village: Damka, Dist.: Surat and remaining waste is observed at site. This premises gate was observed sealed by Surat Municipal Corporation (SMC).
o During inspection demolition work was not going on. They have stopped demolition work on 18thJune, 2020 as per direction of SMC vide letter dated 18/06/2020 (Annexure-B of inspection report).
• Present status at Disposal site:
o Their C & D waste disposal site is located at Block/Survey No. 435-P 1/1, Village: Damka, Ta: Choryasi, Dist: Surat having total area of Damka site is about 2.69 Lakhs Sq. Meter.
o About 15,000 MT of demolition waste generated from demolition sites is disposed at their own land located at Block/Survey No. 435-P 1/1, Village: Damka, Dist: Surat.
o The land is observed Low-lying and presently utilize for heavy vehicle parking. No heaps of C & D waste and fugitive emission is observed at site. Fencing is provided surrounding the site. They have started to develop Green Belt (Buffer Zone) surrounding the plot area.
o Tena creek Coastal Regulation Zone (CRZ) area is more than 600 Meters away from the disposal site.
o No residential area is observed within one Kilometer of the Damka disposal site.
o Demolition waste is being shifted in covered trucks/dumpers to above-said open plot situated outside limits of Surat Municipal Corporation (SMC) for filling low lying area utilized for trucks parking.
• Statutory compliance:
o Reliance Industries Ltd has received notice from Surat Municipal Corporation (SMC) dated 09/05/2019 to demolish the buildings (Annexure-A of inspection report) and accordingly they have started demolition work in May-2019 with calculated approximate quantity of Demolition Waste is about 30,000 MT.
o Reliance industries has submitted C & D waste management plan to SMC vide their letter dated 26/02/2020 (Annexure-C of inspection report) in which it is proposed to disposed of the waste in their own land Block/Survey No. 435-P 1/1, Village:
Damka, Ta: Choryasi, Dist: Surat for filling purpose as it is low lying area. They have also submitted undertaking to SMC on 11/03/2020 (Annexure-D of inspection report).
o In an Annexure-II of the Guidelines on environmental Management of construction and demolition wastes dated 26/05/2017 issued by Central Pollution Control Board.13
(attached herewith as Annexure-III) potential uses of Debris is described as under:
"Construction debris can be recycled to manufacture paver blocks which can be used in light traffic areas and masonry blocks. Other uses of processed debris include use in lean concrete for leveling purpose, as mortar for masonry, as bedding mortar for pavement tiles and used for land filling materials is comparable with new materials."
Inspection Report
Name and Address of Unit Reliance Industries Ltd. (Piplod site and Damka site)
Dist: Surat
Date & Time of Visit 01-07-2020 at 14.30 Hrs
Visited by D. M. Rathod (D.E.E.)
N. K. Valand (S.S.A.)
Person Contacted Shri Rashesh Desai (Sr. General Manager)
Reference Hon'ble NGT Original Application No. 26/2020, order dated 19-
07- 2020.
Relevant Information Reliance Industries Ltd residential township Demolition Site
at: Piplod, Surat and demolition waste disposal site at: Village Damka, Dist. Surat were visited with reference to Hon'ble NGT Original Application No. 26/2020, order dated 19-07-2020.
Reliance Industries Ltd, residential township is located at Town Planning Scheme (TP Scheme) Number 6, Piplod, 1) Final Plot (F.P.) No. 66/P &67/P, total two tower (Tower T & U), 2) Final Plot (F.P.) No. 62, total six tower (Tower A to U) and 3) Final Plot (F.P.)No. 63, total six tower (J, K, L & O, P, Q). Total 14 high-rise buildings each of 12 stories.
All the three sites are surrounded by residential buildings of Piplod area.
During visit demolition work is not going on. Present status at each Final Plots are as under:
Sr. F.P. Land Present status No. No Area (Sq. M) 1 66/P 3,405 Total two towers T & U are completely & demolished and almost all the 67/P demolished waste - concrete, bricks, mortar waste about 8000 MT is shifted at their own land located at Block/ Survey No. 435-P 1/1, Village Damka Dist: Surat. Remaining some concrete, bricks waste is used at site for landlevelling purpose. This building site is located on bank of River Tapi.
2 62 7,000 Total six towers (A to F). From top to 3rd floor demolition work i.e. about 90 % of demolition work is completed.
About 9000 MT demolished waste -
concrete, bricks, mortar waste are found lying at the site. This premises gate was observed seal by Surat 14 Municipal Corporation (SMC).
3 63 12,015 Total six towers (J, K, L & O, P, Q).
Demolition work is completed. About 5500 MT demolished waste - concrete, bricks, mortar waste are found lying at the site. About 7000 Mt demolished waste - concrete, bricks, mortar waste is shifted at their own land located at Block/Survey No. 435-P 1/1, Village:
Damka, Dist: Surat and remaining waste is observed at site. This premises gate was observed seal by Surat Municipal Corporation (SMC).
About 15,000 MT is disposed at their own land located at Block/Survey No. 435-P 1/1, Village Damka Dist: Surat. About total 14,500 MT of demolished waste is lying at F.P. No. - 62 & 63.
As per contacted person of Reliance Industries Ltd, they have received notice from Surat Municipal Corporation (SMC) dated 09-05-2019 to demolish the building (Annexure - A) and accordingly they have started demolition work in May - 2019 with calculate approximate quantity of Demolition Waste is about 30,000 MT. They have stopped demolition work on 18th June, 2020 as per direction of SMC vide letter dated 18-06-2020 (Annexure - B).
Reliance industries has submitted C & D waste management plan to SMC vide their letter dated 26-02-2020(Annexure-C), they have also submitted undertaking to SMC on 11-03-2020. (Annexure - D).
C&D Waste Disposed at their own land Block/Survey No. 435-P 1/1, Village: Damka, Ta: Choryasi, Dist: Surat. Total area of Damka site is about2.69 Lakhs Sq. Meter and fencing is provided surrounding the site. They have started to develop Green Belt (Buffer Zone) surrounding the plot area.
Lat-Long: Five Corners of the plot
Corner No. Lat Long
1 N21.188084 E 72.692415
2 N 21.186320 E 72.691480
3 N 21.185530 E 72.693177
4 N 21.187558 E 72.702851
5 N 21.191348 E 72.699316
The land is observed Low-lying and presently utilize for
heavy vehicle parking. No heaps of C&D Waste and fugitive emission is observed at site.
Tena crick CRZ area is more than 600 Meters away from the disposal site (Annexure - E) (CZMP map attached). No residential area is observed within ONE km of the disposal site of Damka.
It has been informed that demolition waste is being shifted in covered trucks/dumpers to RIL's above-said open plot situated outside limits of Surat Municipal Corporation (SMC) 15 for filling low lying area utilized for trucks parking. During site visit it is informed to submit following details:
Please submit the details of total building demolition area and total quantity of C&D waste generated with present status.
Please submit the date of demolition.
Please submit the waste management plan.
Please submit all the details of C&D waste storage area.
"
19. It is further argued on behalf of the respondent that the applicant by way of filing this application wants to be double benefitted because of the reason that the respondent has to give the waste to the applicant at a rate which is fixed by the applicant and again purchase it for its landfilling. He has further submitted that the application is time barred and not maintainable.
20. Section 4 provides for disposal of waste by a waste generator and to segregate the waste into four streams such as concrete, soil, steel, wood and plastics, bricks and shall submit waste management plan and get appropriate approvals from the local authority before starting construction or demolition or remodeling work and to dispose it in accordance with law.
21. It is further argued that in light of the para 8 of the standing Committee of Surat Municipal Corporation dated 01.10.2016, the waste generator who does not wish to take advantage of the local facility provided by the Municipal Corporation for disposal of construction and demolition waste is required to make its own management for management of construction and demolition of waste and for that purpose the respondent has taken permission from the Municipal Corporation.
16
22. Since there is no plan of redeveloping the subject site in near future, there are space constrains in the subject site having area 22,420 sq. mtr. for storage of C&D waste, nuisance may be caused to the surrounding dense residential neighborhood and potential to choke- up underground storm water drainage network of SMC, during heavy rainfall. Respondent no. 1 has selected its own site outside SMC limits in village Damka as Storage site, so that the C&D waste generated at Subject site can be re-used for the purposes of filling-up the low lying land which may be used for non-agricultural use in future.
23. It has further been undertaken by the respondent no. 1 that by utilizing the demolition waste at this site, he will be able to reduce the mining of natural resources i.e. minor minerals for filling up the low-lying areas which actually advances the cause of environmental protection.
24. The State PCB examined the site and submitted a report which reveals that the disposal by the respondent no. 1 is in accordance with C&D Rules and there is no violation of any rules. Due permission has been taken from the competent authority and thus, the allegation by the applicant that the C&D waste is not disposed of in accordance with the rule is not maintainable and not to be acceptable as per report submitted by the State PCB.
25. It is further argued on behalf of the respondent that respondent no.
1 is privy to the contract entered between the applicant and the respondent no. 2- Surat Municipal Corporation and any agreement between these two parties in which respondent no. 1 is not participant cannot be enforced against respondent no. 1. Further, 17 the respondent has to dispose the C&D waste in accordance with the guidelines given in the C&D Waste Rules and State Pollution Control Board is the authority to monitor it and give the permission in accordance with the law. The State PCB has given the authority and permission to dispose in accordance with law. The C&D waste can also be used in landfilling after segregation and separation and for that purpose, the respondent is perferring the duties and separating and segregating it in accordance with law and PCB is monitoring it. PCB has desired to submit information on 4 points which respondent is complying with. The respondent cannot be compelled to enter into a business contract agreement between applicant and the respondent. The applicant cannot base his business for profit on the cost of respondent no. 1. Respondent no. 1 has submitted that he is known company in India and outsiders or applicant no. 1 cannot compel the respondent to be means or source of profit to applicant. If there is any violation in the disposal of C&D which is to conducted by respondent no. 1, it is the competent authority the State PCB to take action in due process of law but applicant can never be master of all traits and cannot be inspector of respondent no. 1. After considering all aspects, we are of the view that there is no violation of any rules. The C&D waste is under disposal in accordance with the rules and under the direction of State PCB. The version of the applicant that the State PCB or other authorities are working under the control and direction of respondent is not tenable and it is not to be expected because the State authorities are performing their duties in accordance with the law. If they are not favouring in any way to provide the business to applicant, it does not mean that they are not doing their duties. Accordingly, we do 18 not find any merit in the case and application deserves to be dismissed, and is dismissed. I.A. No. 52/2020 is also disposed of accordingly.
Sheo Kumar Singh, JM Dr. Satyawan Singh Garbyal, EM Original Application No. 26/2020 (WZ) R 19