National Green Tribunal
I.Margo S/O Issac Nadar Correspondent vs The Commissioner on 4 February, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.O1: BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 203 of 2017 (SZ) (Through Video Conference) IN THE MATTER OF: I. Margo S/o. Issac Nadar, Correspondent, Reach Matric High Secondary School, Ottupattarai, Coonoor -- 643 105. Nilgiris District. ... Applicant(s) Versus 1. The Commissioner, Coonoor Municipality, The Nilgiris District. 2. The District Collector, The Nilgiris District, Udhagamandalam, 3. The District Environmental Executive Engineer, Tamil Nadu Pollution Control Board, Udhagamandalam, The Nilgiris District, 4. The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai -- 600 032. ... Respondent(s) Date of Judgment: 04.02.2022. CORAM: HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER For Applicant(s): None. For Respondent(s): Mr. N.K. Ponraj represented Mr. P. Srinivas for R1. Dr. D. Shanmuganathan for R2. Mr. S. Sai Sathya Jith for R3 & R4. Page 1 of 14 JUDGMENT
1. The above case has been disposed of by this Tribunal by Judgment dated 04.02.2021 with the following directions:-
"27. So, the application is disposed of as follows:-
(i) Since the prayer in the application has been accomplished, that has become infructuous.
(ii) The further action taken report submitted by the Joint Committee and also response submitted by the Tamil Nadu Pollution Control Board (TNPCB) and the action taken report submitted by the Coonoor Municipality are accepted and recorded.
(iii) As regards the completion of work is concerned, since the Coonoor Municipality wants. further time upto June 2021, we direct' the Coonoor Municipality to furnish Performance Guarantee inthe form of Bank Guarantee to the.tune of Rs.7,00,000/-. (Rupees Seven. Lakhs Only) to the satisfaction of Tamil Nadu Pollution Control (TNPCB) within a period of 1 (One) month and if the work is not completed as undertaken by the end of June 2021, then the amount will be forfeited and this can be adjusted towards the future compensation that has to be assessed from 01.01.2021 to 30.06.2021 or till the bio-mining process is completed prior to 30.06.2021, giving some reduction from the period before which they have completed.
(iv) As regards the show cause notice issued imposing interim environmental compensation up to December-2020, the Tamil Nadu Pollution Control Board (TNPCB) is directed to proceed with the matter, unless any modification is made by the Page 2 of 14
(v)
(vi)
(vii)
(viii) (tx) Principal Bench in this regard on the basis of any application filed by the Coonoor Municipality before that Bench.
The Tamil Nadu Pollution Control Board (TNPCB) is directed to monitor the progress of the bio-mining process that is being undertaken by the 1° respondent Municipality regarding the disposal of the legacy waste and also implementation of the Solid Waste Management Rules, 2016 in that municipality and submit periodical reports to this Tribunal regarding the progress of the work on a quarterly basis, till the bio-mining process is completed in tune with the directions given by the Principal Bench in O.A. No.606 of 2018 and submit a report to this Tribunal through e-filing in. 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.
The. Coonoor Municipality is. also directed to submit its periodical reports regarding the progress of the work once in 3 (Three) month to this Tribunal, till the entire bio-mining process. is completed and.also the compliance report regarding the directions .given. by this. Tribunal for furnishing the Performance Guarantee as directed above.
Considering the circumstances, the parties are directed to bear their respective costs in the application.
The Office is directed to place the periodical reports submitted by the Coonoor Municipality as well as the Tamil Nadu Pollution Control Board (TNPCB) as directed as and when it is filed for consideration and issuing further directions, if any, required in this regard.
The Registry is directed to communicate this order to the members of the committee, Tamil Nadu Pollution Control Board Page 3 of 14 (TNPCB) and also to the Coonoor Municipality for information and compliance.
28. With the above observations and directions, this application is disposed of."
2. The Tamil Nadu Pollution Control Board as well as the Coonoor Municipality were directed to file periodical reports of compliance of the directions once in 3 (Three) Months, till the entire bio-mining process is completed and also the compliance report regarding the directions given by this Tribunal for furnishing the performance guarantee as directed above. Since no reports have been filed as directed, the matter was earlier taken up on 13.12.2021, and at the request of the parties the matter has been adjourned to 12.01.2022 for consideration of compliance report. On 12.02.2022; the matter has been adjourned to today by notification.
3. We have received the. compliance -- cum -- progress report submitted by the District Collector, Nilgiris/2"' respondent dated 06.01.2022, e-field on 11.01.2022 which reads as follows:-
Page 4 of 148. It is further submitted that the dumping locations in the Coonoor Municipality were inspected by the District Environmental Engineer on 05.01.2022, and reported that waste Siid in to the Tea Estate of Thiru | Margo, the Applicant in this application, the legacy waste in the erstwhile Ottupattarai dumpsite and the present Resource Recovery Centre, the plastic waste mixed with silt, that were kept adjacent to the erstwhile IL & FS shed in western side, legacy waste lied in the western side of IL&FS shed, legacy waste lied in the valley in the north western side of IL&FS shed were found completely removed, subjected to biomining and disposed with. it is also reported that the erstwhile dump location at Ottupattarai has been landscaped with grass.
Similarly, the area where legacy waste lie in the western side of IL & FS shed has been also pitched with grass.
G. It is also reported by the District Environmental Engineer that waste to the tune of around 4 to 6 MT, which lies in the valley between Karadipallam Road and the Ottupattarai Resource Recovery Centre Road, and about 3 MT of waste lying at the southwest end of the land adjoining to IL & FS shed, alone are yet to be removed. It is informed by the Municipal Authorities that til! 31.12.2021, 4524.445 MT of wastes are removed and the remaining waste lie in two locations, amounting: 7 to 9 MT, which would be removed before 15.01.2022 and the difficulties in the terrain of the location and unstavie subsoil condition are said to be reason for non-completion of the removal and the same was confirmed by the District Environmental Engineer. The Commissioner , Coonoor Municipality has been instructed to complete the removal of these waste before 15.01.2022, with due caution, employing sufficient safety measures for the workmen employed.
10. It is respectfully submitted that the wet organic wastes generated in Coonoor Municipality is managed by composting. The composting is carried out through Micro Composting and Wind Row Composting. The Micro Composting Centre, located adjacent to "Uzhavar Sandhai', which is operated by RDO Trust, Yellanalli and the Wind Row Composting is carried out at the erstwhile IL&FS Shed at Ottupattarai, which is operated by Clean Coonoor Organization. The dry wastes are segregated at the Resource Recovery Centre at Ottupattarai, and sent for beneficial uses. The rags, seers and Collett we Milgiris BY, - eUdhat yamandalam.
Page 5 of 14COMPLIANCE-CUM-PROGRESS REPORT FILED BY THE DISTRICT COLLECTOR, THE NILGIRIS, SECOND RESPONDENT I, S P Amrith, |.A.S, aged 33 years, the District Collector, The Nilgiris, the second Respondent in this Original Application, having office at Collectorate, Udhagamandalam, submit this compliance-cum-progress report, as follows:
2. It is submitted that the Hon'ble National Green Tribunal (SZ), during the hearing on 13.12.2021, directed this respondent to submit compliance-
cum-progress report before the date of next hearing viz. 12.01.2022. In compliance, this Report is filed on behalf
4. It is submitted that Coonoor Municipality has carried out the removal of the legacy waste and biomining the same since January 2021, and as on 31.12.2021, a total of 4524.445 MT has been removed and processed. It is learned that as on 31.12.2021, waste to the tune of less than 20 MT is to be removed, which is said to be delayed for the reason they could not be removed using machineries and need to be employing men and to be fr \ moved by hand "
alone remains.
Collect a Othe Niigs.. GUdhadamandalam.
a, s sanitary napkins are subjected to controlled high temperature burning, at the Resource Recovery Centre premises. The Resource Recovery Cenire premises at Ottupattarai is managed and maintained by Clean Coonoor Organization. The District Environmental Engineer, after inspection on 05.01.2022, reported that the performance of the solid waste management system by Coonoor Municipality is satisfactory. The District Environmental Engineer has been instructed too periodically monitor the operations of Micro Composting Centre and the Wind Row composting.
12. It is submitted for the kind consideration of the Hon'ble National Green Tribunal (SZ) that the performance of Coonoor Municipality in managing the Municipal Solid VWWaste generated is satisfactory. As regards the removal and biomining of the legacy waste, even though Coonoor Municipality assured to complete the same by June 2021, they have now completed the same, and the waste remain to be removed is less than 10 MT only, which need to be removed with caution, since the location is very steep, and covered with bushes. As such, the Hon'ble National Green Tribunal(SZ) may consider that the biomining of waste process is complete.
13. Therefore, it is respectfully prayed that this Hon'ble Tribunal to accept the Compliance-Cum-Progress Report being submitted by this Respondent and pass such other orders the Hon'bie Tribunal considers deem fit in the facts and circumstances of the case. ~ (Dated this 6" day of January, 2022, at Udhagamandalam)s. So Page 6 of 14
4. The Coonnor Municipality also filed compliance --- cum -progress report through its Commissioner/1*' respondent dated 06.01.2022, e-filed on 11.01.2022 which reads as follows:-
COMPLIANCE-CUM-PROGRESS REPORT FILED BY THE COMMISSIONER, COONOOR MUNICIPALITY, THE FIRST RESPONDENT | T Krishnamurihi, aged 57 years, the Commissioner, Coonoor Municipality, the First Respondent in this Original Application, having office at No. 10, Mount Road, Coonoor this compliance-cum-progress report, as follows:
5 iis submitted that the Hon'ble National Green Tribunal (52), dunng the hearing on 13.12.2021, the Hon'ble National Green Tribunal (SZ) directed the Official Respondents to file Compllance -cum-Progress Report and posted the matter to 12.01.2022.
3. tis submitted for the kind consideration of the Hon'ble National Green Tribunal (SZ) that Coonoor Municipalily has removed and biomined about $524,445 MT of legacy waste til December, 2021, and wastes to the tune of not exceeding 20 MT alone is to be removed further.
COMMISSION ET | COONOOR MUNICIPAL Y Page 7 of 14
4. ft ig-further submitted that the legacy waste that slid in to the Tea Estate of Thiru | Margo, the Applicant in O.A. No. 203 of 2017, the legacy waste in the erstwhile Otftupatiaral dumpsite and the present Resource Recovery Centre, the plastic waste mixed with silt that were kept adjacent to the erstwhile JL & FS shed in western side, legacy waste lied in the western side of IL&FS shed, legacy waste fied in the valley in the north western side of IL&FS shed were found compictely removed, subjected to biomining and disposed with. The erstwhile dump focation at Oltupattarai has been landscaped with grass. Similarly, the area where legacy waste fe in the western side of 1L & FS shed has been alse pitched with grass.
§. It is also submitted that as on date, wastes to the tune of around 4 to 6 MT, which lies in the valley between Karadipallam Road and the Ottupattarail Resource Recovery Centre Road, and about 3 MT of waste lying at the southwest end of the land adjoining to IL & FS shed are yet to be removed. It js submitted that these waste would be removed before 15.01.2022. It is submitted that the area valley between Karadipallam Road and the Road leading to Ottupatiaral Resource Recovery Centre is very Steep and with dense vegetation, and hence there is delay in removal of waste from that place, In the other place, the removal could not be carried out as the subsoil of the adicining area is weak and as such vehicle could not be parked to remove and load the waste. The waste at these locations are proposed to be removed by engaging men.
6. It is submitted for the kind information of the Hon'ble National Green Tribunal (82), that out of the 1520 MT wastes which were removed during the month of July 2021, which is mainly containing plastic waste mixed with other impurities such as silt, rags, broken glass etc. is screened/ segregated fo recover the coarse materials, and the finer matter containing rags, silt, broken glass etc., amounting around 200 MT, is collected in nags and kept in the iL&FS shed, for further processing. It is submitted, that these waste need to be processed in addition to the dry waste collected and processed at the Resource Recovery Centre, and the Centre can handle about 2 MT waste.
addition to the daily waste received, and thereby it would take another months te exhaust the same.
COMMISSIONER COONOOR MUSICIPALITY Page 8 of 14
5. The Tamil Nadu Pollution Control Board also filed a compliance -- cum --
progress report dated 06.01.2022, e-filed on 03.02.2022 which reads as follows fate LILLE 434 rode pte Sod ie wnt.
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12. itis submitied for the kind consideration of the Hon'ble Naflona! Green Tribuna) (SZ) that the sevormance of Coonosr Municivallly in managing the Municisal Solld Waste generated is satisfactory. As raeards the removal and clomining of the legacy waste, even though Coancor Mani cipally assured to complete ine same by June 2021, they have now completed the same vo 2 bey FY tie Ba CLAS the waste remain ta be removed is around 8 MT only, which ase 'femoved with caution, since the location is very steep, and coverad with re ORY bushes. As such, the Hon'ble National Green TNbunal (S2 '} may consider that Ihe diomining of waste process is co molete.
13, i ye yess Bethy ae eed TES at oS og arate & . eoayyheky. ¥S AE pec cist is further submited that in order fo comply with the directions issued by te Hon'ble National Green Tribunal (PB) in OA. No. 608 of 2018 ind levying of Environmental Compensation for rp tpt commencing! cornoleting of the biemining of legacy waste, the Commissioner, Coonoor Municipality has been called for a Personal Hearing on 29.11.2021, which was attended by hin on 03.42.2021, Commissioner, Coonoor Munic pally pleaded thai they hays nade substantial progress in blomining, like ely to complete by 37.72.2024, and hence Environrnental Compensation shall not be imposed an them. However, in compuance of the orders of Hon'ble National Green THbunal (PS), the s recommendation has been submited tc the Head Office of Tamilnada Pollution Control Board, fe Impose an interim Environmental omnes of Rs. & Lakhs, at the rate of Re. 1 Lakh per month, for the period from 07.04.9004 to i4. The Protograshs showing the current condition of the waste d dumped locations and the current solid waste e@nagement practices are submities BER Set herewith as Annexure-1, Further, tha written submission by the Commissioner, Coonoor Municipailly during the personal hearing held on 09.72.2097 ang the + Wig 8 wes oS Sys Sfginsar Tania PRR cs San n Boe AN Adagamandatap y Page 12 of 14 fuby craved that this Hon'bie Tristural to A okeyeery eh ge Yee, ' Eas ' . o : . wg : ays accep! ine Gompiance-Cum-Progress Resert being submitied by this yet aad aed . x» nad . : :
Wirormmnnent? Art seen etre nsheay opsace + Lal gay sk ace ye Se abelian we SP ee, MESHONCEN ANG Hass sucn oer orders the Hon'ble Trisune) cc FISHSGES. CHE STT
6. It is seen from the report submitted by all the stake holders that the major portion of bio-mining has been completed and only around 8 MT is left and that could not be carried out because of the terrain of the land and they required for some time for that purpose.
7. It is also. not reported either by the Tamil Nadu Pollution. Control Board (TNCPB), the District Collector or the Coonoor Municipality that the directions given by this Tribunal to furnish Performance Guarantee of Rs.7,00,000/-
(Rupees Seven Lakhs Only) was furnished or not.
8. It is also seen from report submitted by the Tamil. Nadu Pollution Control Board (TNPCB), since the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 has not been complied with and environmental compensation, as directed in that case, has been imposed to the tune of Rs. 9,00,000- (Rupees Nine Lakhs Only), show cause notice was issued and hearing was also conducted on 03.12.2021. Since major portion of the bio-mining has been completed, we feel that there is no necessity to keep the case for further compliance to be filed as a regulated can take the role of monitoring the same and to take further action if it is not complied with. If the performance guarantee was furnished as directed by this Tribunal, the amount fixed as performance guarantee by this Tribunal can be forfeited and the Tamil Nadu Pollution Control Board (TNPCB) is directed to take steps to realise the balance amount from the Coonoor Municipality by requesting the District Page 13 of 14 Collector to initiate proceedings under the Revenue Recovery Act. As regards the balance compensation, if any, to be levied as per the directions of the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018, the Tamil Nadu Pollution Board (TNPCB) is at liberty to proceed with the same and also monitor the completion of the bio-mining and implementation of the Solid Waste Management Rules, 2016 in Coonoor Municipality in its letter and spirit. If the performance guarantee was not furnished, then they will have to take steps to realise the entire amount against the Municipality.
9. With the above observations and directions, the above case has been finally disposed of.
sesvibeechchecgevesetihdececesceoes J.M. (Justice K. Ramakrishnan) tibeecebadeesheeednseorvanconeees E.M. (Dr. Satyagopal Korlapati) O.A. No.203/2017 (SZ), 04.02.2022, Sr. Page 14 of 14