National Green Tribunal
Compliance Of Municipal Solid Waste ... vs . on 17 October, 2024
Item No. 20 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 606/2018
(I.A. Nos. 163/2021 & 299/2024)
(State of Gujarat)
Compliance of Municipal Solid Waste Management Rules, 2016 and
sewage management
Date of hearing: 17.10.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondents: Mr. Ashwini Kumar, Principal Secretary, Urban Development & Urban
Housing Department, Govt. of Gujarat (Through VC)
Mr. Rajkumar Beniwal, Commissioner of Municipal Administration, Govt.
of Gujarat (Through VC)
Mr. Bhavya Verma, Mission Director (Urban), Govt. of Gujarat (Through
VC)
Mr. R. B. Barad, Gujarat Pollution Control Board, Gandhinagar, State of
Gujarat (Through VC)
Mr. D. M. Thaker, Member Secretary, Gujarat Pollution Control Board,
Gandhinagar, State of Gujarat (Through VC)
Mr. Parth H. Bhatt, Adv. for the State of Gujarat (Through VC)
ORDER
1. In this original application, Tribunal is monitoring the issue of solid as well as liquid waste management as per orders of the Hon'ble Supreme Court dated 02.09.2014 in Writ Petition No. 888/1996, Almitra H. Patel vs. Union of India & Ors., with regard to solid waste management and order dated 22.02.2017 in W.P. No. 375/2012, reported in (2017) 5 SCC 326, Paryavaran Suraksha vs. Union of India, with regard to liquid waste management (sewage).
2. Today, matter has been taken up in respect of compliance by State of Gujarat.
13. We have heard Mr. Ashwini Kumar, Principal Secretary, Urban Development & Urban Housing Department, Govt. of Gujarat, Mr. Rajkumar Beniwal, Commissioner of Municipal Administration, Govt. of Gujarat, Mr. Bhavya Verma, Mission Director (Urban), Govt. of Gujarat, Mr. R. B. Barad, Gujarat Pollution Control Board, Gandhinagar, State of Gujarat, Mr. D. M. Thaker, Member Secretary, Gujarat Pollution Control Board, Gandhinagar, State of Gujarat and Mr. Parth H. Bhatt, Adv. for the State of Gujarat virtually for State of Gujarat.
4. After the previous order dated 21.03.2024, the six monthly progress report dated 16.10.2024 has been filed by the State of Gujarat.
5. We have examined the Report and the presentation made today.
From the report and presentation, we find following deficiencies and gaps in the management of solid waste and sewage:
[A] Sewage Management
(i) The current generation of sewage is reported to be 4,638 MLD
with an installed sewage treatment capacity of 5,692 MLD and utilised capacity of 4,107 MLD thereby, the actual gap is 531.0 MLD. However, in the first slide (page 3) installed capacity as of today is disclosed as 5,872 MLD, this variation needs to be clarified.
(ii) We find that despite having an adequate treatment capacity of 5,692 MLD as of today, 48 STPs with 1,566 MLD are being set up and will be completed by December 2027. It was stated during the interaction that long-term population estimation has been considered for setting up STPs, but no clarification is provided about the effect of keeping these STPs non- functional or underutilised for a long time.
(iii) Regarding the utilisation of treated sewage, the focus should be on maximising utilisation by industries and other purposes to conserve surface and groundwater. An action plan to this effect should be disclosed in the next report.
(iv) Regarding household connectivity, timelines should be provided and not be breached for any reason in respect of various schemes.
2(v) Data on the performance of STPs has not been properly disclosed. Only selected STPs are covered out of 204 STPs. Further, we find a discrepancy in disclosing data on TC/FC for Jaamnagar STP monitored on 12.5.2024 (page 2802). We direct that the next report should disclose the performance of all existing STPs and the status of Consents granted under the Water Act and compliance with standards directed by the Tribunal in O.A. No. 1069 dated 30.09.2018.
(vi) Consolidated data of 157 Nagar Palika is disclosed in 6 RCM and this does not disclose the factual position of each Nagar Palika to assess the gap in sewage generation, treatment, disposal, utilisation and the gap. The next report should disclose the data on these aspects for each Nagar Palika.
[B] Solid Waste Management (i) The gap reported in waste processing is almost at the same
level as was reported earlier, which is on account of not having waste processing facilities commensurate with waste generation. The extended timelines to bridge the gap will add to legacy waste.
(ii) Presently, waste generation is estimated to be 10,317 TPD and processing is to an extent of 8,872 TPD with a resultant gap of 1445 TPD.
(iii) The gap is more in Nagar Palika (1358 TPD). Annexure I (page 2831) of the report indicates the gap in waste processing in 157 ULBs. We direct to review this status for expediting the reduction of gap by setting up processing facilities / or replicating ULBs reporting zero gap.
(iv) During the interaction, no satisfactory response was given on the utilisation of processed products like Compost, etc and particularly their disposal on low-lying areas which could be a potential threat to environmental contamination. The next report should cover these aspects, particularly the quality of compost and compliance of operating waste processing facilities authorised and consented under the MSW rules and Water Act.
(v) Concerning legacy waste, the estimated legacy waste is 255 lakh metric tons (LMT) on 165 sites, but its date and year have not been disclosed. Further, 253.76 LMT has been remediated, leaving 1.24 LMT to be remediated at 7 sites/ ULBs. About area reclaimed, no information was available, and therefore, we direct that the next report should disclose details of 165 3 ULBs in terms of legacy waste, remediated quantity, an area reclaimed, and management of bio-mined products and rejects. The report should further disclose details of the current status of legacy waste (unprocessed waste is 41.15,823 LMT, resulting in legacy waste in 165 ULBs) in each ULB, particularly where the gap is Zero.
[C] Ring fence Account Details of the ring-fence account are not disclosed with clarification about fund refunding by GUDC. The next report should also indicate funds allocated to each ULB to fill the gap in sewage and solid waste management.
6. Let a fresh action taken report be filed by the State of Gujarat covering the aspects noted above at least one week before the next date of hearing by way of affidavit through e-filing.
7. List the matter on 22.07.2025 for consideration of report in respect of State of Gujarat.
8. For State of Orissa, matter be listed on 18.10.2024 as per earlier direction.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM October 17, 2024 Original Application No. 606/2018 (I.A. Nos. 163/2021 & 299/2024) A..
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