National Green Tribunal
Kantha Vibhag Yuva Koli Samaj ... vs State Of Gujarat on 21 July, 2025
Item No.10 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
ORIGINAL APPLICATION NO.81 OF 2014(WZ)
(Disposed of on 28.09.2018)
Restored vide Hon'ble SCI Order
dated 21.01.2022 in CA No.1046/2019
in Original Application No.81/2014
Kantha Vibhag Yuva Koli Samaj Parivartan Trust & Ors.
.....Applicants
Versus
State of Gujarat & Ors.
....Respondents
Date of hearing: 21.07.2025
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicants : Ms. Shilpa Chohan, Advocate
Respondents : Ms. Khyati Chugh, Advocate h/f
Mr. Parth H. Bhatt, Advocate for R-1/State of Gujarat
Ms. Manvi Damle, Advocate h/f
Mr. Maulik Nanavati, Advocate for R-2/GPCB
Mr. Aniruddha Kulkarni, Advocate for R-3/CPCB
Ms. Supriya Dangare, Advocate for R-4/SMC
ORDER
1. Today, we have heard the argument of learned counsel for the applicants as well as that of learned counsel for Respondent Nos.1 to 4.
2. A perusal of the prayer clause of the present Original Application would indicate that a direction is prayed to be issued to Respondent No.2- GPCB for stopping dumping of unsegregated, untreated municipal solid waste in an open area and prevent any further usage of the site, i.e. Survey No.111/A, Block No.177 Village Khajod, Taluka Choryas, District- Surat, Gujarat, as the Land Fill Site; a direction is prayed to be issued to Respondent No.4- Surat Municipal Corporation to implement the segregation of waste at the house hold level in all the zones of the Surat Page 1 of 17 Municipality in conformity and strict compliance with Schedule- II of the Municipal Solid Waste Management (MSW) Rules, 2000; and a direction is prayed to be issued to Respondent No.1- State of Gujarat and Respondent No.4 to restitute the land in question to its original condition.
3. In brief, the facts of this case are that Applicant No.1 is claiming to be Non-Government Organization working for environment protection, conservation of biodiversity, coastal protection and development of sustainable fisheries in Gujarat and was registered as a trust in 2010. Applicant No.2 is also claiming to be an environmental activist and President of Brackish Water Research Centre, who is working for coastal conservation and fisheries resources conservation, who is aggrieved by the illegal dumping of Municipal Solid Waste at the Land Fill Site. Applicant No.3 is a resident of Village Budiya, who is claiming to be an aggrieved person by the illegal dumping of Municipal Solid Waste at the Land Fill Site. Applicant No.4 is a farmer residing adjacent to the dumping site and a resident of Village Khajod, who is also claiming to be an aggrieved person by the illegal dumping of Municipal Solid Waste at the Land Fill Site.
4. It is further mentioned in this application that the Land Fill Site is having a total area of 188 hectares and is surrounded by 35 villages. Wetland is located at the boundary of the site and other water bodies are also present in the vicinity of the Land Fill Site. The Land Fill Site is surrounded by mud-flats and is impacted by tidal influence all over and hence falls within the Coastal Regulation Zone as per the Coastal Regulation Zone Notification of 2011. On 24.01.2003, Respondent No.4- SMC started dumping 850 Metric Ton of unsegregated municipal solid waste per day at the Land Fill Site, which is an open land, without obtaining the prior authorization (appears to be from the GPCB) under the MSW Rules. The dumping of the municipal solid waste started without Page 2 of 17 any provisions made for fencing of the area, without any system in place for the collection of leachate and the segregation of biodegradable waste. Gross violations of MSW Rules were noted by the Regional Office of the Gujarat Pollution Control Board- Respondent No.2. A copy of the site inspection report dated 25.02.2003 of the Gujarat Pollution Control Board- Respondent No.2 is also annexed as Annexure-A/2.
5. It is further mentioned in this application that since the dumping of municipal solid waste, which was being already carried out in contravention to the MSW Rules as per the Site Inspection Reports of Respondent No.2, Respondent No. 4 was required to furnish the status of Land Fill Site as on 24.01.2003 and whether the Land Fill Site commissioned by Respondent No.4 for disposal of MSW is in conformity with the MSW Rules for the purposes of issuing authorization. Respondent No.4 vide its letter dated 15.10.2003 made another request for obtaining authorization under the MSW Rules along-with detailed plan for the development of Land Fill Site, a copy of which is annexed as Annexure- A/3. Meanwhile, a number of Site Inspections were conducted by Respondent No.2 under the provisions of the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Environment (Protection) Act, 1986, and the MSW Rules. Respondent No.2 reported the situation as per the findings of the Site Inspection Visit at the Land Fill Site to the Deputy Commissioner of the Surat Municipal Corporation (SMC) and brought to his notice that bad odour was sensed in the vicinity of the area where open dumping of municipal solid waste was being done by Respondent No.4, resulting into large number of public complaints. It was also reported that no spraying of pesticides or insecticides was done at the site to control the spread of epidemic.
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6. It is further mentioned in this application that on 20.02.2004, Respondent No.4 received authorization under the MSW Rules from the Gujarat Pollution Control Board- Respondent No 2 vide their authorization letter no.MSW-83/3186 to set up and operate waste processing/waste disposal facility at the Survey Number in question. As per the Authorization Letter, Respondent No. 4 was required to follow the terms & conditions and Special & General Conditions laid therein. One of the Special Conditions included "The Landfill design proposed by the Surat Municipal Corporation shall be in accordance with provisions of Schedule III of the MSW Rules". A copy of the authorization letter is annexed as Annexure-A/5. On 21.10.2004, Respondent No.2 sent a communication to its Regional Offices informing about the directions of the Hon'ble Supreme Court of India issued vide letter dated 24.07.2004 regarding the submission of quarterly report with respect to the progress made in complying with the MSW Rules by all the local authorities in the State.
7. It is further mentioned in this application that in compliance with the directions of the Hon'ble Supreme Court of India, Respondent No.2 carried out a number of pre and post monsoon site inspection visits on 29.06.04, 10.11.2004, 301.12.2004, 18.03.2005, 18.06.2005, 30.06.2005, 13.09.2005. All the Site Inspection Reports of Respondent No.2 clearly state that the SMC/Respondent No.4 has commissioned the Sanitary Land Fill Site but has not started the operations. In the Site Inspection, which was carried out at the Land Fill Site on 30.06.2025, it was reported that "During Visit, the disposal activities of the Municipal Corporation are going on. Unit has yet not started the disposal of municipal waste into new sanitary landfill cell. Waste is dumped on open land within the site. Total disposal area is found water logged with rain. During visit one surface runoff water sample is collected within site which is having bad odour. Slight septic smell is felt near the disposal waste". The surfaces run off and Page 4 of 17 rain water flowing from the open dumping site has caused severe irreversible contamination of water bodies and groundwater in the area.
8. It is further mentioned in this application that Respondent No.4 vide letter dated 18.11.2005 requested the Gujarat Pollution Control Board- Respondent No.2 for allowing them to dispose the mix garbage in the Sanitary Land Fill Cell (SLFC). A copy of the said letter is annexed as Annexure-A/8. On 29.12.2005, another Site Inspection was conducted by Respondent No.2 and it was noted that the MSW Rules are not being implemented by Respondent No.4 in full measure. They have developed landfill site as per the MSW Rules but dumping of Waste is yet not started. Waste is dumped on open land within Khajod Site. A copy of the Site Inspection Report is annexed as Annexure-A/9. Respondent No.2 issued a Show Cause Notice to Respondent No.4, wherein it was observed that despite authorization for the development of Sanitary Land Fill Site on the survey number in question, being accorded in February 2004, regular inspection of 29.12.2005 by Respondent No.2 revealed repeated violations of MSW Rules. These repeated violations by Respondent No.4 were communicated to Respondent No.1. A copy of the same is annexed as Annexure-A/10. Despite the show cause notice having been served upon Respondent No.4 by Respondent No.2, Respondent No.4 continued the dumping of MSW in the open area in violation of MSW Rules. The burning of unsegregated and unprocessed MSW at the open dumping site has resulted in the degradation of air quality in the area and increased concentration of harmful gaseous substances due to waste burning which has caused serious impacts on the health of inhabitants and livestock of surrounding villages of Paiki, Kiajod, Budiya, Gabheni Jiyav Bhimrad and many more. However, despite the noticed violation of the Environment Protection Act, 1986 and the MSW Rules, 2000, no action as contemplated under the Act was initiated by Respondent No.2. The continued violations Page 5 of 17 are evident from the subsequent inspection visit reports of Respondent No.2. A copy of the same is annexed as Annexure-A/11.
9. It is further mentioned in this application that since the continued violations of the Environment Protection Act, 1986 and the MSW Rules, 2000 resulted in the continued degradation of environment causing health risks to the inhabitants of the surrounding villages, Respondent No.2, issued another Show Cause Notice to Respondent No.4. The said notice was also sent to the Secretary, Urban Development and Urban Housing Department- Respondent No.1 reporting therein the violations of MSW Rules due to dumping of unsegregated and unprocessed MSW in an open area in contravention to MSW Rules. A copy of the same is annexed as Annexure-A/12. But nothing could happen despite these notices. On 19.07.2007, once again Respondent No.2- Gujarat Pollution Control Board requested Respondent No.4 to ensure that Sanitary Land Fill site is commissioned immediately so that no waste is disposed outside the SLF cell within SLF site, a copy of which is annexed as Annexure-A/14.
10. It is further mentioned in this application that despite reporting persistent dumping of MSW in an open area to Respondent No.4 as well as to the other agencies responsible for the implementation of MSW Rules, Respondent No.2 instead of initiating the legal action as contemplated under the Environment Protection Act and the MSW Rules, once again granted authorization to Respondent No.4- SMC to commission the SLFS, a copy of which is annexed as Annexure A/16. Respondent No.4 entered into an agreement with Hanjer Biotech Energies Private Ltd.- Respondent No.7 for the purpose of implementing the term and conditions of the authorization as per the MSW Rules. The Scope of Agreement and specific terms and conditions under the contract between Respondent No.4 and Respondent No. 7 included the treatment and processing of MSW at the Land Fill Site on a BOOT basis for a leased period of 30 years. Page 6 of 17
11. It is further mentioned in this application that on the basis of complaints made by the BWRC, Respondent No.3- Central Pollution Control Board conducted a joint inspection with Respondent No.2 and Respondent No.4 to the Khajod Land Fill Site on 16.01.2014 and noted that the site was observed with huge heaps of un-segregated municipal solid waste dumped on an open land, which were in smoldering conditions. The smoke was continuously coming and spreading over the surrounding areas creating suffocating conditions in and around the area. The Khajod MSW Site was not found to have fencing on its boundary, which resulted in allowing the rag pickers, domestic animals and villagers to encroach the site. SMC is collecting unsegregated garbage from the residence of Surat city and dumping in the Khajod MSW Site.The ground water sample collected from the borewell in the Durgamata temple premises near Khajod site indicates presence of toxic elements that are exceeding the desirable limits given in the MSW Rules, 2000. In the MSW site, waste is not being segregated or processed for recycling/recovery. At the time of visit, the plant was not in operation and its machinery is in rusted/corroded condition. A copy of the same is annexed as Annexure- A/20 (Colly.). In this report, observations are also made to the effect that Respondent No.7 is not processing and treating the MSW being transported to the Khajod disposal site. (Name of Respondent No.7 is said to have been deleted from the present Original Application).
12. It is further mentioned in this application that the average quantity of waste dumped illegally at the Khajod Land Fill Site increased from 950 MT/day before 2006 to 1600 MT/day as on 16.01.2014 when the site was jointly visited by Respondent Nos. 2 to 4. Despite the fact that the continued dumping of unsegregated municipal solid waste at the Land Fill Site by Respondent No. 2 has resulted in several show cause notices having been issued against them, SMC again applied for the renewal of authorization on 05.12.2013. Further, the SMC has allowed other Nagar Page 7 of 17 Palikas of South Gujarat to dump their waste at the Land Fill Site at Khajod. That has aggravated the magnitude of the menace manifold and caused irreparable damage to the environment and life of people of the area. The prevailing anguish among the people in the affected surrounding villages is reported in the national newspaper. A copy of the same is annexed as Annexure-A/22. In this situation, despite the applicants having approached the authorities, which are Respondents herein, no remedial measures were directed to be taken. Hence, the applicants have no option left but to approach this Tribunal by filing the present Original Application with the above-mentioned reliefs.
13. The matter was first considered by the Tribunal on 08.08.2014 when the notices were directed to be issued to the Respondents.
14. We find that the Tribunal had once disposed of this matter vide order dated 28.09.2018 with the liberty to the applicants to represent its case and ventilate all their grievances before the Committee, who would look into the matter and finally decide the same. This order was challenged before the Hon'ble Supreme Court by filing C.A. No.1046/2019 and the same was restored by the Hon'ble Supreme Court vide order dated 21.01.2022.
15. Thereafter, this matter was heard on 12.09.2022 when substantial order was passed by the Bench headed by the then Hon'ble Chairperson and in para no.10 of that order, it is mentioned that in view of the factual dispute about compliance status, verification on the ground is necessary, particularly when the GPCB has not furnished its independent report on the subject. Therefore, it was directed that the same be done jointly by the CPCB and GPCB, of which the GPCB was made nodal agency for coordination and compliance. The Committee was directed to file report with factual statistics on aspect of the municipal solid waste, plastic, C&D, e-waste and the waste from textile industries management. It was Page 8 of 17 further directed that the report shall also provide details of quantity of waste generation and processed, plants design capacity with their actual utilization status. The Report shall also provide quantified data on end- users who use components arising out of bio-mining/processing plants. Observations shall also be given on maintaining integrity of capped landfill site giving reasons for capping in place of bio-mining. State PCB was also directed to mention compliance status and if there are violations, action taken/proposed, including liability for compensation on polluter pays principle, if violations exist.
16. Thereafter, in compliance with the Tribunal's order dated 12.09.2022, the Joint Committee has submitted its report, which was considered by us vide order dated 14.11.2022 in para no.2. Having gone through the said report, in that very order, this Tribunal had noted that the exact position was not being reflected in this report as to how much quantity of legacy waste, fresh municipal solid waste, plastic waste, C&D waste, e-waste were still there, which required to be attended. Therefore, a clear reply in this regard from the side of Surat Municipal Corporation- Respondent No.4 was directed to be submitted.
17. In compliance with the above order, Respondent No.4 has submitted the said clarification by their reply affidavit dated 17.12.2022 to the following effect:-
"Page 9 of 17 Page 10 of 17
"
18. Against the above report, learned counsel for the applicants had sought time to file objection, which was allowed and the same was filed by Page 11 of 17 the applicants, which is annexed at page nos.1860 to 1872 of the paper book, wherein in para no.5 sub-para (i) to (v), with respect to response to the averment made in the affidavit of Respondent No.4 in para no.2a, it is submitted that the legacy waste has been remediated. With respect to response in para no.2b of the affidavit of Respondent No.4, it is submitted that there is no detail as regards the utilization of RDF which is stated to be generated. It is further mentioned that Respondent No.4- SMC ought to provide the details with regard to the cement plants to whom the RDF is being sent after its generation.
19. At this stage, learned counsel for respondent No.4 has resisted the above submissions by saying that Applicants have no right to know as to which were those cement plants, to whom the RDF was being sent. With respect to response in para nos.2c & 2d of the affidavit of Respondent No.4, we have to state that the same does not relate to the original prayers, as the same were expanded by the Principal Bench of this Tribunal vide order dated 12.09.2022. Therefore, we are not taking those replies into consideration as they relate to plastic waste management, C&D Waste management, etc. and we would confine only to municipal solid waste.
20. Learned counsel for the applicants has filed additional affidavit dated 19.07.2025, wherein at page no.1879 of the paper book, she has given in tabular form the issue involved, violation/concern and the relevant provision(s) violated of MSW Rules, 2016, which are detailed as below:-
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21. Having drawn our attention to the above, learned counsel for the applicants has urged that these are the issues, which are to be considered by this Tribunal in this particular Original Application only because these issues continued from the earlier period and they are recent incidents, hence they need to be taken care of in the present Original Application. We differ from her opinion and find that in the present Original Application, the sole consideration, which was required to be made, relates to the dumping of illegal solid waste at the Khajod site by Respondent No.4, which is causing ailments to the local residents.
22. From the side of Respondent No.4, it is made clear by learned counsel that as far as the solid waste management is concerned, the remediation has already been done and the legacy waste, which was about 25,00,000 MT has already been remediated, which is acknowledged by learned counsel for the applicants as well and also, the closure and capping have been done and the said area is found covered with green grass. Therefore, there is no question of any legacy waste being left there to be still cleared.
23. As regards the fresh municipal solid waste, the processing of the same is given to M/s. United Facility and Logistic Pvt. Ltd. for processing of 10 lakh MT of waste during two years' time period. Approximately 5.12 Page 13 of 17 Lakh MT of waste was received and processed at the said site during September 2021 to August 2022, which is about 1400 MT/Day, which is found to be adequate. Therefore to us, it appears that even day-to-day solid waste is also being taken care of very well by Respondent No.4.
24. As regards the compensation, learned counsel for the applicants in the additional affidavit dated 15.01.2018 has given the calculation of the amount of EDC to be levied from Respondent No.4, which comes to around Rs.10,13,12,500/-, details of which are given in para no.3 (ii) as below:-
"ii. The villagers of Khajod, Budiya, Gabheni, Jiyav, Bhimrad, Umber, Sarsana, Aabhva, Dipli, Dundi, and Talangpor are severely affected by the air pollution. There are approx 25,000 villagers who are affected on account of air pollution from MSW Landfill site of SMC. The health Centre should provide free of cost medical facilities to the villagers of Village Khajod, Budiya, Gabheni, Jiyav, Bhimrad, Umber, Sarsana, AabhvaDipli, Dundi, and Talangpor for a period of 25 years. (The raw municipal waste burning was going on from the last 15 years except last few months). In a study titled Cost of Delivering Health Care Services in Public Sector Primary and Community Health Centres in North India-Prinja S, Gupta A, Verma R, BahugunaP,Kumar D, Kaur M, et al. (2016) (http://journals.plos.org/plosoneiarticle?id=10.1371/journal.pon e.0160986) it has been estimated that Per capita per year costs for provision of complete package of preventive, curative and promotive services at Primary Health Centre (PHC) and Community Health Centre (CHC) were INR 170.8 and INR 162.1respectively. Even if it is assumed that all the 25,000 villagers require one annual check-up then the cost comes to INR 40,52,500 per year ( 162.1 X 25,000) and cumulatively over a period of 25 years it would come up to INR 10,13,12,500. This assessment is based upon the figures arrived at in the study."
25. In the above additional affidavit in para no.3 (iv), it is prayed that Rs. 5 crore should be imposed on account of the ground water having Page 14 of 17 been found contaminated and details of the contamination are given as follows:-
"
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26. The above calculation of EDC is being resisted by learned counsel for Respondent No.4 by saying that there is no authentic agency, which has made the calculation of amount of EDC to the tune of Rs.10,13,12,500/-, because the amount of EDC, which has been calculated, is based on a report, which is said to have been published in a journal, which is also mentioned in para no.(ii) above and the said study was conducted for health issues. We are not inclined to accept the said report because as regards what aliments were suffered by the local residents of the area in question, this report is not based on that.
27. As regards the amount of Rs.5 Crore to be levied because of the contamination of soil, this appears to be erroneous because the limits of heavy metals, which are recorded, are in terms of the mg/lit of leachate whereas concentrations in the Table are mg/kg of solid waste. So, there seems to be some error in this to our understanding.
28. We may also make it clear here that a huge amount of EDC has been calculated by learned counsel for the applicants. We are not in agreement with the opinion expressed by her and moreover, we may make it clear that hearing in Original Application No.606 of 2018 is still being done by the Principal Bench of this Tribunal, which is taking cognizance of all the compliance relating to solid waste management on Pan India level and in that, State of Gujarat is also covered. Therefore, it would not be appropriate for us to pass any order with respect to the amount of EDC to be levied from Respondent No.4. Applicants may approach appropriate Forum for redressal of their grievances, if any.
29. With the above direction, we dispose of the present Original Application accordingly.
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30. Pending application, if any, also stands disposed of.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM July 21, 2025 ORIGINAL APPLICATION NO.81 OF 2014(WZ) (Disposed on 28.09.2018) Restored vide Hon'ble SCI Order dated 21.01.2022 in CA No.1046/2019 in Original Application No.81/2014 P.Kr Page 17 of 17