National Green Tribunal
Tribunal On Its Own Motion (Regarding ... vs The Principal Secretary Department Of ... on 17 December, 2021
Item No. 02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Execution Application No.03/2021/EZ
In
Original Application No. 70/2016/EZ
Tribunal on its own Motion
Re: Dumping of Garbages at Rajiv Nagar,
North 24 Pgs. Applicant(s)
Versus
The Principal Secretary, Dept. of Environment,
Govt. of W.B. & Ors. Respondent(s)
Date of hearing: 17.12.2021
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Suo Motu
For Respondent(s) : Mr. Sudip Kumar Dutta, Advocate for State Respondents
ORDER
1. Mr. Sudip Kumar Dutta, learned Counsel is present for State Respondents.
2. One affidavit dated 15.12.2021 has been filed by Respondent No.7, Department of Municipal Affairs, Govt. of West Bengal along with an Action Taken Report purportedly in compliance of the Tribunal's order dated 30.09.2020.
3. In the previous Action Taken Report, it has been stated that the first installation of Environmental Compensation of Rs. 1 crore was deposited in the account of the Central Pollution Control Board on 24.07.2020 and the second installation of Rs. 1.46 crore was submitted to the Department of Environment, Govt. of West Bengal vide cheque dated 26.03.2021.
4. In this view of the matter, we find that the amount of Environmental Compensation of Rs. 2.46 crore assessed by the Committee has now been deposited by the Government.
5. So far as treatment of the legacy waste is concerned, the second Action Taken Report dated 15.12.2021 has been filed wherein it is stated the 1 process of tendering has been completed and the tender has been given to Eastern Organic Fertilizer Pvt. Ltd. through e-tendering dated 12.08.2020 and the Finance Department has issued work order on 07.01.2021.
6. It is also stated that the area in question is filled up with 8.55 lakh MT of legacy waste in 3 mounds and no working space is available, therefore, some quantity of legacy waste has been transported to Dhapa Treatment Plant of Kolkata for processing. Up to May, 2021, 75000 MT legacy waste has been transported and processed by way of interim arrangement.
7. It is also stated that in the meanwhile trommel, weigh bridge and bio-
mining machinery have been brought and installed at the site and bio- mining and bio-remediation have been completed for a quantity of 4373 MT. We find that this amount to be very meagre considering that the total amount of legacy waste required to be treated is 8.5 lakh MT.
8. It is also mentioned that accumulated leachate is being collected through movable tank and transported to Dhapa Treatment Plant as an interim arrangement after installation of leachate Treatment Plant which will be treated in-situ. This means that till date the leachate plant has not been established at the site in question.
9. The Report further mentions that Integrated Septage Treatment Plant for South Dum Dum Municipality under the Atal Mission for Rejuvenation and Urban Transformation (AMRUT) has been commissioned and the 30 KLD capacity Integrated Septage Treatment Plant has been commissioned in 0.56 acres land at Promodhnagar/Rajibnagar site.
10. From the report, we find that no timeline has been given for completion of the Integrated Septage Treatment Plant at Dum Dum, North Dum Dum and Baranagar Municipalities under the State Budget with the projected cost of Rs. 9.15 crores. No timeline has also been given for complete treatment of leachate at the site and removal of legacy waste.
11. We are also constrained to mention here that though this Action Taken Report has been filed on 15.12.2021, the figures given are of May, 2021, 2 whereas it should have reflected the status of at least up to 30.11.2021, why this is so has not been explained.
12. The letter of State Urban Development Agency dated 12.08.2020 at page no. 34 & 35 of this Action Taken Report mentions the timeline for completion of all civil works as within 12 months from the date of issuance of LOA cum work order, Item 9 mentions erection & commissioning of plant & machinery as within 24 months from the date of issuance of LOA cum work order. We fail to understand that when erection & commissioning of plant & machinery itself is going to take 24 months from the date of issuance of LOA cum work order, how can completion of all civil works take place within 12 months from the date of issuance of LOA cum work order.
13. Mr. Sudip Kumar Dutta, learned Counsel prays for and is granted two months time to file a fresh Action Taken Report giving the statistics and figures for the period up to filing of their Action Taken Report.
14. List on 24.02.2022.
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B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM December 17, 2021 Execution Application No.03/2021/EZ In Original Application No. 70/2016/EZ MN 3