National Green Tribunal
P.Premkumar S/O. Paulchamy vs The Secretary To The Government, ... on 12 April, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.1: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 80 of 2017 (SZ)
IN THE MATTER OF:
P. Premkumar
S/o. Paulchamy,
Plot No.26, Needhi Nagar,
Othakadai, Madurai District. ....Applicant(s)
Versus
The Secretary to the Government,
Department of Environment & Forest,
Government of Tamil Nadu,
Fort St. George, Chennai and Ors. ....Respondent(s)
Date of hearing: 12.04.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. T. Sai Krishnan.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R5 to R8.
Mr. S. Sai Sathya Jith for R3, R4.
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ORDER
1. The above case has been disposed of by this Tribunal with the following directions:-
(i) "Since the grievance of the applicant that the waste is being dumped in the burial ground and it is not being disposed properly in accordance with the rules has been redressed by removing the waste dumped there to some other place, namely at a place called „Vowval Thottam‟ there is nothing survives as regards the applicant is concerned in the matter.
(ii) However, it is seen from the reports that the Solid Waste Management Rules, 2016 and the directions of the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 were not complied with. We direct the Tamil Nadu Pollution Control Board (TNPCB) to take appropriate action against the erring local bodies strictly in compliance with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 after complying with the procedure provided for passing appropriate orders in this regard.
(iii) The Othakadai Village Panchayat is directed to maintain the Micro Compost Yard which they proposed to operate in the disputed dumping ground in a scientific manner without causing any nuisance to the people in the locality, as if the Micro Compost Yard is not properly maintained, it will create more problem to the people in the locality though such facilities can be established in public places like park and burial ground etc., as held by the Hon‟ble High Court of Madras with directions and observations made therein.
(iv) The Tamil Nadu Pollution Control Board (TNPCB) is directed to inspect the Micro Compost Yard if it is commissioned to ascertain as to whether it is being properly maintained and if not, they are directed to take appropriate action against the Othakadai Village Panchayat for not operating the same in a scientific manner as it is required.
(v) If the legacy waste dumped in the present dump yard is not disposed of in a scientific manner, then the Tamil Nadu Pollution Control Board Page 2 of 8 (TNCPB) is directed to take appropriate action against them for non compliance of the directions issued by the Principal Bench of National Green Tribunal in this regard including imposition of environmental compensation as directed and to take steps to recover the amount from them.
(vi) The District Collector, Madurai District, is directed to carry out his responsibility as required under Rule 12 of the Solid Waste Management Rules, 2016 and take action against the local bodies, if they are not strictly complying with the rules and if there is any difficulty for them in carrying out the same, the District Collector, Madurai District is directed to take appropriate steps to provide necessary solution and see that the rules are strictly implemented in Othakadai Village Panchayat.
(vii) The Principal Secretary for Rural Development and Panchayat Raj and the Director, Rural Development and Panchayat Raj are directed to look into the issue and see that the Solid Waste Management Rules, 2016 are strictly implemented in Othakadai Town Panchayat as required under the Solid Waste Management Rules, 2016 and as directed by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 and if any technical or financial or administrative sanctions are required for that purpose, they are directed to look into the issues personally and see that it is being implemented in its letter and spirit.
(viii) Considering the circumstances, the legacy waste has been shifted from the burial ground, we don‟t think there is any necessity to impose any punishment for non compliance of the directions issued by this Tribunal and any coercive orders to be passed in I.A. No. 42 of 2019 (SZ). So I.A. No. 42 of 2019 (SZ) is closed.
(ix) The Tamil Nadu Pollution Control Board (TNPCB),District Collector, Madurai District and Block Development Officer in charge of Othakadai Village Panchayat are directed to file their periodical compliance reports of implementation of the Solid Waste Management Rules, 2016 in that Panchayat till it is achieved cent percent in the Panchayat on a quarterly basis, which includes the action taken for disposal of the legacy waste and operation of the Micro Compost Yard and other Waste management facilities and also action taken for non compliance of the same.Page 3 of 8
(x) The office is directed to place the report as and when received before this Bench for consideration.
(xi) Considering the circumstances, the parties are directed to bear the respective cost in the application.
(xii) The Registry is directed to communicate this order to the District Collector, Madurai District, Chairman, Tamil Nadu Pollution Control Board (TNPCB), Block Development Officer, Madurai Panchayat Union and also to the Principal Secretary for Rural Development and Panchayat Raj and the Director, Rural Development and Panchayat Raj for their information and compliance of the direction.
2. The grievance in this application is regarding non-implementation of the Solid Waste Management Rules, 2016 in Othakadai Village Panchayat which is under the supervision of Madurai East Panchayat Union. As per the directions, the legacy waste will have to be disposed of in a particular time and the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 has to be strictly complied and if there is any gap, the same will have to be considered by the Secretary level officials.
3. The State Pollution Control Board, District Collector - Madurai District, Block Development Officer in charge of Othakadai Village Panchayat were directed to file periodical reports regarding the implementation of the same.
Page 4 of 84. Since no reports have been filed, the matter was taken up on 08.03.2022 and on that date, at the request of the parties, the matter was adjourned to today for consideration of compliance report.
5. When the matter came up for hearing today, the State Pollution Control Board has filed a compliance report signed by the officer on 11.04.2022, e-filed on the same date along with certain photographs which reads as follows:-
"COMPLIANCE REPORT FILED ON BEHALF OF THE 3RD & 4TH RESPONDENTS - TAMIL NADUPOLLUTIION CONTROL BOARD.
I, R. Rajamanickam, Son of P.M.Ramasamy, Hindu, aged about 57 years, having office at No.76, Mount Salai, Guindy, Chennai- 600 032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai and I am filing this Compliance Report on behalf of the 3rd & 4th Respondents and as such I am well acquainted with the facts of the case as per records.
2. It is respectfully submitted that the Hon'ble NGT (SZ) has passed order dt.07.12.2021 directed that "... Para 24.
iv. The Tamil Nadu Pollution Control Board is directed to inspect the Micro Compost Yard if it is commissioned to ascertain as to whether it is being properly maintained and if not, they are directed to take appropriate action against the Otthakadai Village Panchayat for not operating the same in a scientific manner as it is required.
v. if the legacy waste dumped in the present dump yard is not disposed of in a scientific manner, then the Tamil Nadu Pollution Control board (TNPCB) is directed to take appropriate action against them for non compliance of the directions issued by the Principal Bench of National Green Page 5 of 8 Tribunal in this regard including imposition of environmental compensation as directed and to take steps to recover the amount from them.
ix. The Tamil Nadu Pollution Control Board (TNPCB), District Collector, Madurai District and Block Development Officer in charge of Othakadai Village Panchayat are directed to file their periodical compliance reports of implementation of the Solid Waste Management Rules, 2016 in that panchayat till it is achieved cent percent in the Panchayat on quarterly basis, which includes the action taken for disposal of the legacy waste and operation of the Micro compost Yard and other waste management facilities and also action taken for non-compliance of the same".
3. It is respectfully submitted that in pursuance to the above said NGT order, the Micro Composting Centre in cremation yard of Othakadai Village was inspected by the officials of the office of the District Environmental Engineer, TNPCB, Madurai on 04.04.2022 and during inspection following observations were made:
i. The solid waste generated from the Othakadai Village Panchayat is 2.5 T/day. All the compostable waste is processed in the Micro Composting Centre facility. During inspection Micro Composting Centre facility was found to be in operation.
ii. Compositing pits provided in the Micro Composting centre premises was found to be in operation.
iii. Vermi composting facility provided in the Micro composting centre premises was found to be in operation.
iv. The processed bio manure was kept in the micro composting centre premises.
v. Segregated plastic wastes are crushed in the crushing machine provided in the facility premises was found to be in operation.
vi. The local body was maintaining records for generation of recycled waste and production of bio manure.
4. It is further submitted that, during inspection, Vowel Thottam site was also inspected. It was found that the segregated organic waste from the Vowel Thottam is processed in the composting pits provided in the Micro composting centre facility premises at Cremation yard of Othakadai Page 6 of 8 Village and segregated plastic waste are recycled in the same facility. No dumping of solid waste in Vowel Thottam was noticed.
5. It is respectfully submitted that the BDO, Madurai East Panchayat Union in his letter dated 04.04.2022 stated that administrative approval was obtained for establishing Bio Methanation Plant in Othakadai Cremation yard and also stated that Solid Waste Management Rules, 2016 will be achieved cent percent within few months in Othakadai Village Panchayat.
The photographs of the micro Composting Centre, composting pit, Vermi Composting pit, Plastic Crushing Machine and Bio manure is attached herewith as Annexure Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
6. The District Collector and the Block Development Officer have not filed any independent report regarding these aspects. When this was pointed out, the learned counsel appearing for the State Departments wanted some more time to file the report.
7. The State Pollution Control Board is also directed to ascertain as to whether there was any possibility of lechate being formed and if so, what are all the arrangements made by them for avoiding lechate being percolated into the ground. The State Pollution Control Board is also directed to ascertain as to whether the methodology provided by them are sufficient for the purpose of avoiding any pollution being caused on account of facility being permitted in that area.
Page 7 of 88. The State Pollution Control Board is at liberty to give further directions (if any) required in this regard to the panchayat.
9. They are directed to file the report to this Tribunal on or before 21.04.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
10. The Registry is directed to communicate this order to the Block Development Officer - Madurai Panchayat Union, State Pollution Control Board and the District Collector - Madurai District by e-mail for their information and compliance of directions.
11. For consideration of further compliance report, post on 21.04.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.80/2017 (SZ), 12th April 2022. Mn.
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