National Green Tribunal
Ankit Sinha vs State Of Maharashtra on 26 November, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
I.A. No. 200/2021
IN
Original Application No. 510/2018
Ms. Ankita Sinha Applicant
Versus
State of Maharashtra & Ors. Respondent(s)
-------------------
Municipal Corporation Greater Mumbai ....... Applicant in IA
Date of hearing: 26.11.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Atmaram N.S. Nadkarni, Senior Advocate with Mr. Ashish
Wad, Advocate for Applicant (MCGM) in I.A. No. 200/2021
ORDER
1. This application has been moved by the Municipal Corporation Greater Mumbai in pursuance of observations of the Hon'ble Supreme Court dated 25.10.2021 in Civil Appeal No. 12122-12123 of 2018, Municipal Corporation of Gr. Mumbai v. Ankita Sinha & Ors. with the prayer to "dispose of the O. A. No.510/2018 keeping in view the fact that the same issue is being continuously monitored by the Hon'ble Bombay High Court in PIL No. 217 of 2009, since 2009, and several orders have been passed in relation to dumping of waste in Deonar dumping ground as also in relation to compliance of SWM Rules".
12. We have heard Shri Atmaram N.S. Nadkarni, Senior Advocate in support of the application and perused the record.
3. The Tribunal initiated suo motu proceedings in O. A. No. 510/2018 based on article titled "Garbage Gangs of Deonar: The Kingpins and Their Multi-Crore Trade" dated 04th August, 2018, https://www.thequint.com, to the effect that illegal dumping of the garbage at Deonar in Mumbai Solid Waste Management Rules, 2016 is resulting in massive fires, adversely affecting the environment and the public health.
4. The Tribunal, vide order dated 07.08.2018, directed joint inspection by a four-member Committee of CPCB, State PCB, District Collector and Municipal Corporation of Greater Mumbai and preparation of an action plan for remediation of legacy waste. Thereafter, vide order dated 30.10.2018, after considering the inspection report filed by the said Committee that dumping of waste was taking place in haphazard manner due to serious failure on the part of Municipal Corporation of Greater Mumbai, the Tribunal required payment of Environmental Compensation to be deposited with the CPCB on 'Polluter Pays' principle. Further order dated 21.12.2018 was passed in light of report dated 19.10.2018 filed by the Municipal Corporation of Greater Mumbai giving proposal for remedial action in future. It was directed that the proposed action was beyond statutory timelines and having regard to the past violations, performance guarantee was required to be furnished. Observations of the Hon'ble Supreme Court giving liberty to the applicant Corporation are in appeal against the said orders of the NGT.
5. Contention in the I.A. is that the Tribunal may not deal with the matter as the issue is pending consideration before the Bombay High 2 Court in PIL No. 217 of 2009, Municipal Corporation of Greater Mumbai vs. Shri Pandurang Patil & Anr. wherein the Hon'ble High Court has been pleased to pass orders from time to time for compliance of SWM Rules as well as for closure of Deonar Dumping Ground, including orders dated 02.04.2013 and 26/29.02.2019. The matter is pending before the Hon'ble Supreme Court in Special Leave Petition No. 23708 of 2017 against the order of the High Court.
6. On due consideration, we are of the view that the prayer in the application cannot be granted in view of earlier binding 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. specifically requiring this Tribunal to deal with the issue of Solid Waste Management. The direction is reproduced below:-
"Enforcement of the Rules and efforts to upgrade the technology relevant to the handling of solid municipal waste is a perennial challenge and would require constant efforts and monitoring with a view to making the municipal authorities concerned accountable, taking note of dereliction, if any, issuing suitable directions consistent with the said Rules and direction incidental to the purpose underlying the Rules such as upgradation of technology wherever possible. All these matters can, in our opinion, be best left to be handled by the National Green Tribunal established under the National Green Tribunal Act, 2010. The Tribunal, it is common ground, is not only equipped with the necessary expertise to examine and deal with the environment related issues but is also competent to issue in appropriate cases directions considered necessary for enforcing the statutory provisions."
7. In pursuance of above, after due notice to all States/UTs in the country, order dated 22.12.20161 was passed requiring all the States/UTs to follow the SWM Rules, 2016 after preparing requisite action plans in a time bound manner with further direction that any State/UT which failed to comply with the Rules shall be liable to be proceeded against 1 O.A. No. 199/2014 (2016) SCC Online NGT 2981 3 under Section 15 of the Environment (Protection) Act, 1986 (EP Act), apart from being required to pay environmental compensation and senior most officers of the States/Local Bodies being personally liable. The directions also include requirement for segregation of waste, providing buffer zone around plants and landfill sites and due monitoring.
The States/Local Bodies were also to create market for consumption of Refuse-Derived Fuel (RDF). Tipping fee was to include the efficient and regular monitoring of waste processing plant, segregation of inert and Construction and Demolition(C&D) material and its transportation.
Landfill sites were required to be bio-stabilized preventing leachate and generation of Methane, enforcement of Extended Producer Responsibility, rights and liabilities under contracts being made consistent with the Rules, creating public awareness about the facilities available at regular intervals.
8. Execution of the above was taken up first by Chamber meetings and then by registering separate proceedings for all States/UTs in O.A. No. 606/2018, In Re: Compliance of Municipal Solid Waste Management Rules, 2016. The Tribunal has been monitoring the matter on regular basis. The Chief Secretaries of all the States/UTs were required to remain present in person having regard to large scale non-compliance and after interaction, directions for remedial action were issued which are still being monitored.
In relation to Maharashtra, order dated 24.01.2020 was passed after second time interaction with the Chief Secretary of the State. The said order gives the whole background. Relevant extracts from the said order are as follows:-
"2. It is necessary to set out brief background of the proceedings. The Hon'ble Supreme Court vide order dated 02.09.2014 in Writ Petition No. 888/1996, Almitra H. Patel Vs. Union of India & Ors., 4 transferred proceedings pending before it on the subject of solid waste management2.
3. The matter was earlier considered by the Hon'ble Supreme Court inter-alia vide judgments reported in (2000) 2 SCC 679 and (2004) 13 SCC 538 directing scientific disposal of waste by setting up of compost plants/processing plants, preventing water percolation through heaps of garbage, creating focused 'solid waste management cells' in all States and complying with the Municipal Solid Waste Management Rules, 2016 (SWM Rules, 2016) on urgent basis. It was observed that the local authorities constituted for providing services to the citizens are lethargic and insufficient in their functioning which is impermissible. Non-
accountability has led to lack of effort on the part of the employees. Domestic garbage and sewage along with poor drainage system in an unplanned manner contribute heavily to the problem of solid waste. The number of slums have multiplied significantly occupying large areas of public land. Promise of free land attracts more land grabbers. Instead of "slum clearance" there is "slum creation" in cities which is further aggravating the problem of domestic waste being strewn in the open. Accordingly, the Court directed that provisions pertaining to sanitation and public health be complied with, streets and public premises be cleaned daily, statutory authorities levy and recover charges from any person violating laws and ensure scientific disposal of waste, landfill sites be identified keeping in mind requirement of the city for next 20 years and environmental considerations, sites be identified for setting up of compost plants, steps be taken to prevent fresh encroachments and compliance report be submitted within eight weeks.
4. Further observations in the judgment of the Hon'ble Supreme Court3 are:
"3. The petitioner has handed over a note in the Court showing the progress that has been made in some of the States and also setting out some of the suggestions, including the suggestion for creation of solid waste management cell, so as to put a focus on the issue and also to provide incentives to those who perform well as was tried in some of the States. The said note states as under:
"1. As a result of the Hon'ble Supreme Court's orders on 26- 7-2004, in Maharashtra the number of authorisations granted for solid waste management (SWM) has increased from 32% to 98%, in Gujarat from 58% to 92% 2 Operative part of the order of the Hon'ble Supreme Court reads:
"Enforcement of the Rules and efforts to upgrade the technology relevant to the handling of solid municipal waste is a perennial challenge and would require constant efforts and monitoring with a view to making the municipal authorities concerned accountable, taking note of dereliction, if any, issuing suitable directions consistent with the said Rules and direction incidental to the purpose underlying the Rules such as upgradation of technology wherever possible. All these matters can, in our opinion, be best left to be handled by the National Green Tribunal established under the National Green Tribunal Act, 2010. The Tribunal, it is common ground, is not only equipped with the necessary expertise to examine and deal with the environment related issues but is also competent to issue in appropriate cases directions considered necessary for enforcing the statutory provisions."
3 (2004) 13 SCC 538 5 and in M.P. from NIL to 34%. No affidavits at all have been received from the 24 other States/UTs for which CPCB reported NIL or less than 3% authorisations in February 2004. All these States and their SPCBs can study and learn from Karnataka, Maharashtra and Gujarat's successes.
2. All States/UTs and their SPCBs/PCCs have totally ignored the improvement of existing open dumps, due by 31-12-2001, let alone identifying and monitoring the existing sites. Simple steps can be taken immediately at almost no cost by every single ULB to prevent monsoon water percolation through the heaps, which produces highly polluting black run-off (leachate). Waste heaps can be made convex to eliminate standing water, upslope diversion drains can prevent water inflow, downslope diversion drains can capture leachate for recirculation onto the heaps, and disused heaps can be given soil cover for vegetative healing.
3. Lack of funds is no excuse for inaction. Smaller towns in every State should go and learn from Suryapet in A.P. (population 103,000) and Namakkal in T.N. (population 53,000) which have both seen dustbin-free 'zero garbage towns' complying with the MSW Rules since 2003 with no financial input from the State or the Centre, just good management and a sense of commitment.
4. States seem to use the Rules as an excuse to milk funds from the Centre, by making that a precondition for action and inflating waste processing costs 2-3 fold. The Supreme Court Committee recommended 1/3 contribution each from the city, State and Centre. Before seeking 70- 80% Centre's contribution, every State should first ensure that each city first spends its own share to immediately make its wastes non-polluting by simple sanitising/stabilising, which is always the first step in composting viz. inoculate the waste with cow dung solution or bio culture and placing it in windrows (long heaps) which are turned at least once or twice over a period of 45 to 60 days.
5. Unless each State creates a focussed 'solid waste management cell' and rewards its cities for good performance, both of which Maharashtra has done, compliance with the MSW Rules seems to be an illusion.
6. The admitted position is that the MSW Rules have not been complied with even after four years. None of the functionaries have bothered or discharged their duties to ensure compliance. Even existing dumps have not been improved. Thus deeper thought and urgent and immediate action is necessary to ensure compliance in future."
65. In this regard, reference may also be made to orders of Hon'ble Supreme Court in Municipal Council, Ratlam vs. Vardhichand4 and B.L. Wadhera v. Union of India and Ors.5 laying down that clean environment is fundamental right of citizens under Article 21 and it is for the local bodies as well as the State to ensure that public health is preserved by taking all possible steps. For doing so, financial inability cannot be pleaded."
9. The background of proceedings before this Tribunal was summed up in the said order as follows:-
"7. This Tribunal considered the matter of solid waste management after notifying all the concerned States/Regulatory Bodies and finally disposed of the same on 22.12.20166 requiring all the States/UTs to follow the SWM Rules, 2016 after preparing requisite action plans in a time bound manner with further direction that any State/UT which failed to comply with the Rules shall be liable to be proceeded against under Section 15 of the Environment (Protection) Act, 1986 (EP Act), apart from being required to pay environmental compensation and senior most officers of the States/Local Bodies being personally liable. The directions also include requirement for segregation of waste, providing buffer zone around plants and landfill sites and due monitoring. The States/Local Bodies were also to create market for consumption of Refuse-Derived Fuel (RDF). Tipping fee was to include the efficient and regular monitoring of waste processing plant, segregation of inert and Construction and Demolition(C&D) material and its transportation. Landfill sites were required to be bio-stabilized preventing leachate and generation of Methane, enforcement of Extended Producer Responsibility, rights and liabilities under contracts being made consistent with the Rules, creating public awareness about the facilities available at regular intervals. Copy of the judgment was circulated to all the Chief Secretaries/ Advisors of States/UTs.
8. Execution of above directions has been subject matter of further proceedings in the last more than three years after the said order and after almost 20 years after the orders of the Hon'ble Supreme Court.
Order dated 20.08.2018:
9. Reference may be now made to some further significant orders.
Vide order dated 20.08.20187, after referring to earlier proceedings and a chamber meeting with all the concerned stakeholders, the Tribunal considered the following questions:
4 (1980) 4 SCC 162 5 (1996) 2 SCC 594 6 O.A. No. 199/2014 (2016) SCC Online NGT 2981 7 O.A. No. 606/2018 7 "i. Whether State-wise Action Plan with timelines and budgetary support/provision for management of MSW has been prepared?
ii. Whether each city/town/urban local body is covered under the said Plan and individual Action Plan has timelines with budgetary provisions?
iii. What time has been fixed to completely comply with the provisions of the Rules, 2016?
iv. What are the main constraints of non-compliance of Rules, 2016?"
It was directed that action plans be finalized latest by 31.10.2018 and executed latest by 31.12.2019 which was to be overseen by the Principal Secretaries of Urban/Rural Development Departments of States/UTs. States were directed to standardize technical specifications instead of leaving the same to individual local bodies. Further directions are for installing CCTV cameras at dump sites, installing GPS system in garbage collection vans, adopting best practices including control rooms where citizens can upload photos of garbage to be looked into by responsible officers, conducting performance audit with reference to source segregation, door to door collection, public sweeping, waste processing, grievance redressal mechanism and monitoring. This Tribunal also constituted Regional/Apex Committees for a limited period."
10. Directions of the Tribunal have been summed up in the said order as follows:-
"16. After interaction with the Chief Secretaries on several dates, further directions were issued which were by and large on same pattern as non-compliance was found by all the States/UTs. It will be suffice to refer to the observations and directions issued vide order dated 18.07.2019 in respect of State of J&K, which was the last State in the series of interactions:
Observations:
"36. Needless to say that improvement in environment is not only inalienable duty of the State, but is also necessary for sustainable development which is essential for the health and well-being of citizens as well as for intergenerational equity.
These principles require that all human activities should be conducted in such a way that the rights of future generations to access clean air and potable water are not taken away. At the cost of repetition, it may be mentioned that water is being polluted because of discharge of untreated sewage and effluents. Air pollution is result of failure to manage solid waste and to prevent other causes leading to air pollution. There are also other issues like deterioration in groundwater level, damage to forests and wild life, unscientific and uncontrolled sand mining etc. Unsatisfactory implementation of law is clear from the fact that in spite of severe damage, there is no report of any convictions being recorded against the polluters, nor adequate compensation has been recovered for damage 8 caused to the environment. Steps for community involvement are not adequate. There is reluctance even to declare some major cities as fully compliant with the environment norms. The authorities have not been able to evolve simplified and standard procedure for preparing project reports and giving of contracts. There is no satisfactory plan for reuse of the treated water or use of treated sewage or waste and for segregation and collection of solid waste, for managing the legacy waste or other wastes, etc.
37. Since we have found huge gap in steps taken and steps required to be taken to remedy the unsatisfactory state of environment, we had an interaction with the Chief Secretary about the way forward. The gap in the mandate of law on the one hand and actual compliance with law on the other has manifested itself in the form of polluted water, air and land. Its actual measurement in terms of monetary value or the loss on account of adverse impact on public health and environment or otherwise in terms of number of deaths or diseases does not appear to have been duly and exhaustively undertaken by the official machinery so far for the country or for any particular area. The private reports mention diseases by pollution in the state of J&K, as already noted in the para 33 above. There are also various studies reporting about number of deaths and diseases in India by pollution.8 Death by pollution may be comparable to an offence of homicide and any disease on that account may be likewise comparable to attempt to murder or grievous hurt. Polluter is, thus, liable to be dealt with in the same manner as a person committing any other heinous crime as per law of the land. Mere fact that such polluter creates wealth or employment does not make the offence less serious. The statutory framework prohibits polluting activity and provides for penal consequences. Further, the 'Polluter Pays' principle requires compensation to be recovered to meet the cost of remedying the adverse impact of pollution. Governance of such laws can be held to be satisfactory if the magnitude of punishment of law violators corresponds to the extent of violation of law and the compensation recovered is adequate to meet the cost of damage. There is enough evidence of pollution but no data is shown of corresponding convictions or recovery of adequate compensation for restoration of environment. This calls for authentic study of the extent of damage to the environment and to the public health so that policy makers and law enforcers can bridge the gap.
38. In case extent of convictions for the environment related offences do not correspond to the extent of crime, paradigm shift in policies and strategies for implementation of law may need to be considered. Similarly, the mechanism for recovery of compensation may need to be revised on that pattern. Such review of policy cannot be left to the local bodies or the Pollution Control Boards but has to be at highest level in the State and 8https://www.healtheffects.org/publication/gbd-air-pollution-india To the effect that 3283 Indians died per day due to outdoor air pollution in India in 2015, making the potential number of deaths due to outdoor air pollution in India in 2015 to 11.98 lakh.
9further review at the national level. As noted in some of the studies, the ranking of the country in compliance of environmental norms needs to be brought to respectable higher position which may be possible only if there is change in policies and strategies for implementation of necessary norms at every level in right direction. The scale of compensation needs to be suitably revised so that the same is deterrent and adequate to meet the cost of reversing the pollution.
39. Authentic data is required to be compiled which is necessary for proper policy making. The Rules provide for such data to be collected at the state level as well as at the national level. If such data is not furnished timely from ground level with all the requisite details, the policy making remains deficient. Since none of the States is fully compliant with the mandate of statutory waste management rules under various headings, as already noted, remedial measures are necessary. We consider it necessary to observe that at least some major cities/towns/villages be first developed as model and thereafter successful experiment replicated in remaining cities/towns/villages.
40. Though environment is priceless and no amount of compensation may be sufficient for real restoration of environment to its pristine glory, the 'Polluter Pays' principle requires cost of restoration to be recovered which should be deterrent and also include Net Present Value (NPV) for environmental services forgone forever. Though such compensation is to be primarily recovered from polluters, where authorities fail to implement law and recover compensation on account of collusion or inaction, such authorities can also be made accountable and required to pay compensation. Strong central mechanism of auditing the compliance of environmental laws by the States and the Union Territories (UTs) is necessary. We are also of the view that to encourage enforcement of environmental laws, cognizance of performance or otherwise need to be taken by authorities allocating funds. Incentives can be given to encourage compliance and those deficient in compliance may be required to comply as a condition for getting grants or part of such grants. Such a policy may be a step in the right direction for achieving sustainable development goals. We take note of discussion on the subject in the minutes of National Development Council held on 01.10.1990.9 Therein a formula called "Gadgil - Mukerjee"
formula is referred to envisaging grants to meet environmental problems. We may add that while such grants may be necessary, there may be a condition requiring measurable and demonstrable improvement in time bound manner as a condition for the grant. Accordingly, vide order dated 24.04.2019 a copy of this order has been sent to Niti Aayog, Finance Commission and MoEF&CC to consider the observations, particularly in this para.
41. One major hurdle in compliance of the Rules is lack of institutional training mechanism. Scheme of Rules and strategies 9http://planningcommission.gov.in/aboutus/committee/wrkgrp12/wg_state_finan0106.pdf 10 for implementation, including technology to be used, best practices to be employed need to be identified. Resource persons, target group of persons to be trained, location at which training is to be undertaken need to be worked out.
42. It is also necessary to have an Environment Plan for the country as well as for the States which may identify and publish gaps in compliance of environmental law and indicate action plan to remedy the same. Compliance of environmental norms also requires carrying capacity study not only of eco-sensitive areas but also areas where violation of environmental laws has clearly surfaced out based on scientific data published by CPCB such as non-attainment cities in terms of air quality, critically polluted industrial clusters on account of air/water pollution, polluted river stretches etc. Drastic remedial measures may be necessary to deal with the same which should not merely be responsive but proactive by way of planning population density, vehicle numbers, nature and quality of vehicles, nature and quality of activity to be allowed. Absence of such measures may render it difficult to meaningfully implement the accepted norms of 'Sustainable Development' or 'Intergenerational Equity'. Such planning is part of 'Precautionary' principle. 'Polluter Pays' principle can be meaningfully implemented only when assessment of damage is realistic and compensation recovered matches the extent of damage. As per census of India 2011, there are 475 places with 981 overgrowths (OGs) have been identified as Urban Agglomeration (UA). The number of total towns in India is 7,935 (Statutory Towns 4,041 + Census Towns 3,894). There are total 6,166 Urban Agglomeration/towns which constitutes the urban frame of the country. During FY 2017-2018, out of 35 SPCBs/PCCs only 16 SPCBs/ PCCs reported the status of Solid Waste Management Rules, 2016.10 In view of these statistics, emergent and stringent measures are required for compliance of environmental norms.
43. We discussed with the Chief Secretary the above unsatisfactory situation of environment and about need for having an effective monitoring cell directly attached to the office of the Chief Secretary with experts in environment and related issues to assist the Chief Secretary.
44. The presence of Chief Secretary before this Tribunal was directed with an expectation that there will be realization of seriousness at the highest level which may percolate in the administration."
Directions:
10 Annual report of CPCB for the year 2017-18 accessible at:
http://cpcb.nic.in/uploads/hwmd/MSW_AnnualReport_2017-18.pdf 11
"45. In view of above, after discussion with the Chief Secretary, following further directions are issued:
i. Apart from three towns said to have been notified as proposed models for compliance of Environmental norms, atleast three villages in every District of the State may be notified on the website of the State within two weeks from today which will be made fully compliant with environmental norms within the next six months. Remaining cities, towns and villages of the State may be made fully compliant in respect of environmental norms within one year.
ii. A quarterly report be furnished by the Chief Secretary, every three months. First such report shall be furnished by October, 10, 2019.
iii. The Chief Secretary may personally monitor the progress, atleast once in a month, with all the District Magistrates. iv. The District Magistrates may monitor the status of compliance of environmental norms, atleast once in two weeks.
v. The District Magistrates or other Officers may be imparted requisite training.
vi. Estimate of value of environmental degradation and cost of restoration be prepared and compensation be planned and recovered from polluters for environmental restoration and restitution on that basis.
vii. Performance audit of functioning of all regulatory bodies may be got conducted and remedial measures be taken, within six months.
viii. Introduction of a policy of giving ranking, based on performance on the subject of environment and giving of rewards or other incentives on that basis to individual areas, localities, institutions or individuals may be considered. This may also include encouraging students or other citizens significantly contributing to the cause of environment. The best practices may be evolved, if necessary, in the light of experiences on the subject. This may help in educating and involving public at large which may help in enhancing of environmental laws.
ix. The Chief Secretary may remain present in person before the Tribunal with the status of compliance in respect of various issues mentioned in para 22 as well as any other issues discussed in the above order on 10.02.2020 at
2.p.m. It is made clear that Chief Secretary may not delegate the above function and the further requirement of appearance before this Tribunal to anyone else.
However, it will be open to him to change the date, by advance intimation by e-mail at [email protected] to adjust their convenience.
A copy of the compliance report furnished by the Chief Secretary be sent to CPCB as already directed vide order dated 24.04.2019 for the State of Karnataka (supra).
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20. The Tribunal vide order dated 12.09.2019 considered the above and directed all the States/UTs to furnish information to the CPCB as follows:
"3. We have heard learned Counsel for the CPCB for future course of action and further directions required on the above subjects. He submitted that the above reports are incomplete for want of information from the States/UTs. It was elaborated during the course of hearing that information is required to be submitted in terms of following thematic areas viz.
Compliance to Solid Waste Rules including Legacy Waste. Compliance to Bio-medical Waste Rules.
Compliance to Construction & Demolition Waste. Compliance to Hazardous Waste Rules.
Compliance to E-waste Rules.
351 Polluter Stretches in the country.
122 Non-attainment cities.
100 industrial clusters.
Status of STPs and re-use of treated water.
Status of CETPs/ETPs including performance. Ground water extraction/contamination and re-charge. Air pollution including noise pollution.
Illegal sand mining.
Rejuvenation of water bodies.
4. The information with regard to above thematic areas needs to be submitted to CPCB by the Chief Secretaries of all the States and Union Territories in terms of following:
Current status Desirable level of compliance in terms of statutes. Gap between current status and desired levels. Proposal of attending the gap with time lines. Name and designation of designated officer for ensuring compliance to provisions under statute.
5. CPCB is permitted to file revised updated reports on the subject after collecting information from concerned States/UTs by 15.11.2019."
Order dated 07.01.2020:
21. The status report dated 27.12.2019 with reference to the above thematic areas was considered on 07.01.2020 and it was observed:
"12. The reports give information about States who have given some information but the nature and extent of information which was required has not been furnished. Available information with regard to sewage generation and treatment shows huge gap. Grading made by the CPCB into 'good', 'average', 'poor' and 'no information' is not based on any qualitative analysis but extent of information furnished.13
Instead, what is least expected is information on:
(i) solid waste management, including remediation of legacy waste in terms of earlier orders of this Tribunal,
(ii) sewage treatment and restoration of 351 polluted river stretches and
(iii) air quality management in 102 (122) non-attainment cities.
With respect to serial no. (i), the information is required with regard to the quantity of MSW generated, segregated and treated; gaps in the waste processing in terms of generation and treatment and enforcement of statutory timelines and orders of this Tribunal for bridging the gap; number of sites, and quantity of legacy waste therein and timelines for its remediation.
With respect to serial no. (ii), quantity of sewage generated and treated in the State, gap in the sewage treatment and timelines to bridge the gap including strategy for use of treated water for secondary purpose. Further, with regard to restoration of 351 polluted river stretches, the States need to furnish information about the compliance of directions including in-situ and ex-situ remediation by way of phyto-remediation/artificial wetlands, bio-diversity parks or any other appropriate measure to supplement load reduction on recipient river systems.
With respect to serial no. (iii), the Chief Secretaries need to monitor and compile information on the subject of execution of action plans for containment of air pollution in terms of orders of this Tribunal and furnish the quantifiable progress/achievement to the CPCB.
13. In view of above, CPCB needs to redesign formats and secure relevant quantifiable information from the Chief Secretaries under different heads so that the Chief Secretaries are able to respond to the Tribunal on their appearance as per schedule of appearance already notified. Chairman and Member Secretary, CPCB may remain present on the dates of appearance of Chief Secretaries with relevant data.
14. The regime of compensation in terms of earlier directions will be considered after interaction with the Chief Secretaries."
"22to23..........xxx.............................xxx..................................xxx
24. The Standing Committee on Urban Development, 16th Lok Sabha in its 25th Report dated 12.02.2019 considered the issue of solid waste management including hazardous waste, medical waste and e-waste and observed:
"It is estimated that about 65 million tonnes of waste is generated annually in the country out of which about 62 million tonnes is Municipal Solid Waste (MSW) which include organic waste, recyclables like paper, plastic, wood, glass etc. About 45-50% of this MSW is biodegradable/wet/organic waste, 20-25 % is recyclable waste & about 30-35% is inert/debris.14
1.2 Only about 75-80% of the municipal waste gets collected and out of this only 22- 28% is processed and treated and remaining is deposited indiscriminately at dump yards. It is projected that by the year 2031, the MSW generation shall increase to 165 million tonnes and to 436 million tonnes by 2050. Eliminating, dumping and minimizing releases of hazardous chemicals by paying special attention to air quality and municipal and other waste management and reducing waste generation through prevention, reduction, recycling and reuse globally have been one of the Sustainable Development Goals (SDGs) that have been adopted by UN General Assembly in September, 2015.
1.3 It has been estimated that the Urban Local Bodies (ULBs) spend about 60-70% of total expenditure on street sweeping, 20- 30% on transportation and less than 5% on municipal disposal of waste, which shows that hardly any attention is given to scientific disposal of waste. The waste collection efficiency in India ranges between 70% and 90% in major Metro cities, whereas in several smaller cities it is below 50%. However, if the current 62 million tones annual generation of MSW continues to be dumped without treatment; it will need 3.40 lakh cubic meter of landfill space every day. Considering the projected waste generation of 165 million tonnes by 2031, the requirement of land for setting up landfill for 20 years (considering 10 meter high waste pile) could be as high as 66 thousand hectares (1240 hectare per year) of precious land, which our country cannot afford to waste. Currently, of the estimated 62 million tonnes of MSW generated annually by 377 million people in urban areas, more than 80% is disposed of indiscriminately at dump yards in an unhygienic manner by the municipal authorities leading to problems of health and environmental degradation.
1.4 As per NITI Aayog, presently, out of the total MSW generated, only 29.51% is subjected to treatment which, however, is poised to improve with the Swachh Bharat Mission (Urban) scheme of Government of India being in full swing."
25. Accordingly, we have considered the matter further after interaction with the Chief Secretary, Maharashtra and Member Secretary, CPCB. Even though all the thematic areas of the environment are significant, interaction has been limited to few selected themes, other themes being left to be considered separately on different scheduled hearings.
26. As per available statistics, there is huge gap in generation and treatment of solid and liquid waste in the country. As per CPCB report 2016 (06.12.2016), as against 61948 MLD sewage generated in urban areas in India, the treatment capacity is 23277 MLD. The deficit in capacity is 62%. There is no data of sewage generation in rural areas. As per CPCB estimate of solid 15 waste11, about 65 million tonnes of waste is generated annually in the country out of which about 62 million tonnes is Municipal Solid Waste (MSW). Only about 75-80% of the municipal waste gets collected and out of this only 22- 28% is processed and treated and remaining is deposited indiscriminately at dump yards. It is projected that by the year 2031, the MSW generation shall increase to 165 million tonnes and to 436 million tonnes by 2050. There are more than 4000 dump sites as per CPCB data12 which need to be remediated to avoid harmful impact on environment and public health.
27. All the States/UTs were directed by this Tribunal to commence remediation of legacy waste sites by 01.11.201913. The Tribunal observed:
"28. ......We are conscious that the SWM Rules provide for a maximum period of upto five years for the purpose, however there is no reason why the same should not happen earlier, in view of serious implications on the environment and public health14."
"30. Needless to say that potential hazard of dumpsites on public health and environment is more or less on the same pattern and earliest such dumpsites are cleared, sooner it is better for public health. Such dumpsites are undoubted source of air pollution resulting in respiratory and other diseases. Most vulnerable are the infants and the senior citizens. The right to breathe fresh air being part of right to life, delay in remedying the situation is not desirable. The plea of capping is being put forward on the ground of need for urgent remedial action, ignoring that doing so will perpetuate the adverse consequences of retaining non-biodegradable and other polluting components in the garbage eventually causing continuous damage to the soil and the ground water. Biological solutions have to be preferred over engineering solutions on the 11 http://164.100.47.193/lsscommittee/Urban%20Development/16_Urban_Development_25.pdf 12 Order dated 18.10.2019 in O.A. No. 606/2018 para 6 13 Order dated 17.07.2019 O.A. No. 519/2019 Para 28 14 (a) What a Waste 2.0, Global Snapshot of Solid Waste Management to 2050, World Bank Group, ISBN (paper): 978-1-4648-1329-0, 2018 International Bank for Reconstruction and Development / The World Bank, http://datatopics.worldbank.org/what-a-waste/. The report states- When waste is burned, the resulting toxins and particulate matter in the air can cause respiratory and neurological diseases, among others (Thompson 2014). Piles of waste produce toxic liquid runoff called leachate, which can drain into rivers, groundwater, and soil. Organic waste entering waterways reduces the amount of oxygen available and promotes the growth of harmful organisms (Bhada-Tata and Hoornweg 2016). Marine pollution is also increasing as a result of mismanaged solid waste on land, poor disposal practices by sea vessels, and runoff from sewage and polluted streams.
(b)https://www.epw.in/engage/article/institutional-framework-implementing-solid-
wastemanagement- india-macro-analysis Several studies have been published that link asthma, heart attack, and emphysema to burning garbage. Human faecal matter is also frequently found in municipal waste--this, along with unmanaged decomposed garbage, attracts other rodents, that further lead to a spread of diseases such as dengue and malaria. Leachate from rotten garbage contains heavy metals and toxic liquid; with such emissions ending up either absorbed into the soil or flowing into water bodies today (Awasthi 2013), the entire food chain can be affected when this contaminated water is utilised for agriculture, human consumption and animal consumption.
16subject. However action has to be taken fast. Delay which has taken place so far is on account of inaction of the concerned authorities for which there is no justification.
31. It will also be appropriate to note that the scheme of the SWM Rules is to prevent collection of waste and instead, to ensure its segregation, treatment and disposal at the earliest and as far as possible at the source itself. If it is not done, the waste continues to be accumulated which becomes a challenge for the environment and public health. In this regard particular reference may be made to Rule 15 (zi). The authorities need to evolve a holistic strategy for integrated waste management in the municipal planning which may result in 'zero waste' going to the landfill in terms of the said rules15.
35. A copy of this order be sent to CPCB, all the Chief Secretaries, the MoEF&CC and MoHUA."
28. The issue of solid and liquid waste needs to be taken seriously. We have already mentioned the available statistics on the subject. It is a matter of serious concern that legacy waste remediation has not even commenced at most of the sites even though statutory rules contemplate outer limit for completion of such remediation by 07.04.2021. Current processing of the waste generated and collected is also not taking place on regular basis. For any person travelling by train, hot spots of scattered garbage and overflowing sewage are common sights. Satisfactory sewage management also remains far cry. This unsatisfactory state of affairs must be remedied at the earliest and in a time bound manner by initiative at the highest level. Accountability needs to be fixed and consequences for failure clearly provided and enforced.
"29..........xxx.............................xxx..................................xxx
30. We may now note State specific scenario for Maharashtra as depicted in the earlier orders of this Tribunal when the Chief Secretary appeared and as emerging from the data now made available by CPCB based on information furnished by the State to CPCB. I. Data noted in the earlier orders of this Tribunal:
A. STATE OF MAHARASHTRA S. RULES DATA No. 1 Solid Waste Number of towns to be covered :271 Management Local Bodies : 271 Waste Generation :2897.83(TDP) Collected Treatment Land filling :22897.83 TPD 15 Reference may also be made to- Suggestive /Indicative "The National Action Plan for Municipal Solid Waste Management", Central Pollution Control Board, https://cpcb.nic.in/uploads/MSW/Action_plan.pdf.17
:7945.554 TDP :14952.28 TDP Waste processing : Composting( 118), Vermicompost (5), Biogas(46), RDF(14) No. of Dumpsite: 231 2 Plastic Waste Waste Generation : 21420.33 TPA Management Regulation of plastic carry bag>50 microns. Complete ban on plastic carry bags.
Number of registered manufacturing units: 276 Number of unregistered units:249 3, 6a,6(b) 3 Biomedical No of Hospitals : 63824+ Waste Waste Generation : 61918 Waste Treatment : 61918 Common Bio-medical waste Treatment for liters: 30 No. of Captive Facilities : 251 4 Polluted River P(I)-9 Stretches P(II)-6 P(III)-14 P(IV)- 10 P(V)- 14 Total 53 5 Air Quality Non-Attainment Cities: Akola, Amravati, Management Aurangabad, Badlapur, Chandrapur, Jalgaon, Jalna, Kolhapur, Latur, Mumbai, Nagpur, Nashik, Navi Mumbai, Pune, Sangli, Solapur, Ulhasnagar Aurangabad, Chandrapur, Chembur, Dombivali, 6 Industrial Mahad, Nashik, Navi Mumbai, Pimpari Chinchwad, Clusters Tarapur, 7 ETP, CETP, ETPs STPs No. of industries which require ETP : 16597 No. of industries having functional ETP:16597 No. of industries complying : 16597 No. of industries non-complying : 5 STPs No. of STPs : 120 No. of STPs complying 120 No. of under construction/proposed STPs : No STPs are under construction/proposal stage.
II. Data now made available during the hearing by the CPCB by way of presentation based on the data furnished by the State of Maharashtra alongwith its observations:
(i) Solid waste management including legacy waste.
Status of solid waste management in Maharashtra Total No. of ULBs: 384 + 07 (Cantonment Boards) 18 MSW MSW MSW Landfill Gap (TPD) Timeline generated Processed (TPD) (TPD) (TPD) 23845 13276 2371 (10%) 8198 TPD _ (56%) (34%) Assessment of SWM Facilities (capacity wise) Required Existing capacity Gap Observations Capacity (TPD) (TPD) (TPD) Waste 12637 4900 7737 Non-
Segregation biodegradable
Facility (MRF) waste @ 53%
Yet to be Planned
Waste Processing
Biodegradable 11208 8500 2708 Biodegradable
waste (Bio Compost - 7500; waste @ 47%
methanation and Bio-methanation -
Composting) 1000
Non biodegradable 6676 1018 5658 -
(Recycling; RDF, RDF - 1000;
Co-processing) Recycling - 18
Waste Disposal 5961 Not provided Inert @ 25%
(Landfill)
Assessment of SWM Facilities (ULB wise)
Required Existing Gap Timeframe Observations
Waste 384 384 Nil To be ULBs covered;
Segregation provided Inadequate
Facility Capacity
(MRF)
Waste Processing
Biodegradable 384 Compost - 14 December - do -
waste (Bio- 370 (Composting 2020
methanation & Bio- proposed)
Composting) methanation
- 28
Non- 384 RDF - 11 373 To be All ULBs not
biodegradable provided covered
(Recycling;
RDF, Co-
processing)
Waste Disposal 384 18 366 (302 December Capacity to
(Inert- Landfill) landfill 2020 be provided
proposed)
Legacy Waste
1 Number of dumpsites 203
19
2 Quantity of Waste dumped at 28 million ton
dumpsites
3 Number of dumpsites cleared 23
4 Number of dumpsites in which bio- 117
mining has commenced
5 Time frame for clearing all December 2021
dumpsites
(ii) Sewage management and 351 polluted river stretches.
SEWAGE MANAGEMENT IN MAHARASHTRA
TREATMENT CAPACITY Observations
Sewage Existing Gap Proposed Timeline Proposed capacity (for
Generation 2028), timeline to meet
existing gap (21.7%) not
provided.
7741 MLD 6057.84 1683.16 3879.5 September,
MLD MLD MLD 2028
(137 (21.7 %) (64 STPs)
STPs)
SEWERAGE NETWORK
Existing Required Gap Timelines Sewage quantity to be
Sewerage covered till 2023 to be
Length provided
7410.44 9492.86 2082.42 km 2023
km km (21.9 %)
NUMBER OF STPS
NUMBER Proposed Total STPs Timeline Ensure full utilization and
OF STPS compliance of existing
STPs
137 64 201 September,
2028
RE-USE OF TREATED SEWAGE
Present Proposed Timelines Type of Use More options
Utilization for Re-use to be
explored
213.096 280.095 Not provided Industrial Clusters,
MLD MLD (3%) Agriculture,
(2.7 %) Infrastructure Projects
Restoration of Polluted River Stretches (PRS) - O.A. NO 673/2018-Maharashtra Priority Class No. of No. of RRC Date of Receipt of Action Plans Observations (BOD Level/ PRS Approved Action Plans Approved by Range) Action Plans CPCB Task Received Team 20 I 9 9 9 (BOD > 30 mg/l) II (BOD: 20-30 6 6 6 mg/l) III Conditional (BOD: 10-20 14 14 30.1.2019 approval -
mg/l) (within timelines)
Budget
estimates
IV
(BOD: 6-10 10 10 Under review Responsible
at CPCB agencies
mg/l)
V
14 14
(BOD: 3-6 mg/l)
Grand Total 53 53 15
(iii) Air quality management in 122 non-attainment cities.
Status of Actions for Non attainment cities (NACs) 18 ((1) Akola (2) Amravati (3) Aurangabad (4) Badlapur (5) Chandrapur (6) Jalgaon (7) Jalna (8) Number of Non Kolhapur (9) Latur (10) Mumbai (11) Nagpur (12) Attainment Cities Nashik (13) Navi Mumbai (14) Pune (15) Sangli (16) Solapur (17) Ulhasnagar (18) Thane) Not Approved Under Review approved 17 01* 0 * o City plan of Thane not approved - need revision.
o Source Apportionment - Not proposed
Action Plan Status o CAAQMS not as per criteria.
o Plans lack defined timelines for completion of
specific actions
o Time period for completion of actions to be
restricted to six months for short term and maximum 03 years for long term. Activities requiring more time should be explained with reasoning.
o All traffic congestion points in city to be identified and decongestion plan to be part of plan.
Source Apportionment Initiated in 17 cities (except Thane) Studies Strengthening of Timeframe - November 20, 2020 Monitoring Network 21 GRAP GRAP to be prepared and implementation ensured Development of Public Grievance Developed for Mumbai, Navi Mumbai & Badlapur Redressal portal (PGRP) -
o Installation of the requisite number of monitoring stations within timeframe to be ensured, o Development of Public Grievance Redressal Portal (PGRP) CPCB observation o Consideration to Graded Response Action Plan (GRAP) o Micro level planning for each action in city plan o Submission of implementation status quarterly ANALYSIS:
Solid Waste Management:
31. We find that though steps are claimed to have been taken for legacy waste remediation, the timeline proposed for clearing the dump sites is December 2021 which is against the statutory rules as well as the orders of this Tribunal and needs to be preponed.
32. There remains a gap of 8198 TPD (34% of total generation) in terms of current generation and treatment of solid waste which is endangering environment, adversely affecting public health and posing serious threat to life. No firm commitment to remedy the gap consistent with the statutory Rules specially the timelines has been put forth, as expected in terms of directions of the Hon'ble Supreme Court and this Tribunal. Thus, suitable remedial measures need to be adopted in the matter.
"33...................xxx..................................xxx........................xxx
34. The Chief Secretary must ensure adverse entries in the service records of erring officers in respect of liquid waste management atleast from 01.04.2020.
Likewise, remediation work of legacy dump sites must commence at the earliest and adverse entries in ACRs of concerned officers if the remediation does not commence by 31.03.2020 which may be ensured by the Chief Secretary.
To save time, standard specifications and service providers must be notified by the Chief Secretary on the websites of the State within one month from today. The Chief Secretary may take such opinion as may be necessary for the purpose.
Compliance reports may be filed quarterly and first such report may be filed by 31.03.2020 with a copy to the CPCB. CPCB may furnish gap analysis report.
"35&36................xxx...............................xxx........................xxx 22
37. In view of above, consistent with the directions referred to in Para 29 issued on 10.01.2020 in the case of UP, Punjab and Chandigarh which have also been repeated for other States in matters already dealt with, we direct:
a. In view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted, compensation scale is hereby laid down for continued failure after 31.03.2020. The compliance of the Rules requires taking of several steps mentioned in Rule 22 from Serial No. 1 to 10 (mentioned in para 12 above). Any such continued failure will result in liability of every Local Body to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body from 01.04.2020 till compliance. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal.
b. Legacy waste remediation was to 'commence' from 01.11.2019 in terms of order of this Tribunal dated 17.07.2019 in O.A. No. 519/2019 para 2816 even though statutory timeline for 'completing' the said step is till 07.04.2021 (as per serial no. 11 in Rule 22), which direction remains unexecuted at most of the places. Continued failure of every Local Body on the subject of commencing the work of legacy waste sites remediation from 01.04.2020 till compliance will result in liability to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body.
If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal.
c. Further, with regard to thematic areas listed above in para 20, steps be ensured by the Chief Secretaries in terms of directions of this Tribunal especially w.r.t. plastic waste, bio-medical waste, construction and demolition waste which are linked 16 The Chief Secretaries may ensure allocation of funds for processing of legacy waste and its disposal and in their respective next reports, give the progress relating to management of all the legacy waste dumpsites. Remediation work on all other dumpsites may commence from 01.11.2019 and completed preferably within six months and in no case beyond one year. Substantial progress be made within six months. We are conscious that the SWM Rules provide for a maximum period of upto five years for the purpose, however there is no reason why the same should not happen earlier, in view of serious implications on the environment and public health.
23with solid waste treatment and disposal. Action may also be ensured by the Chief Secretaries of the States/UTs with respect to remaining thematic areas viz. hazardous waste, e- waste, polluted industrial clusters, reuse of treated water, performance of CETPs/ETPs, groundwater extraction, groundwater recharge, restoration of water bodies, noise pollution and illegal sand mining.
d. The compensation regime already laid down for failure of the Local Bodies and/or Department of Irrigation and Public Health/In-charge Department to take action for treatment of sewage in terms of observations in para 33 above will result in liability to pay compensation as already noted above which is reproduced for ready reference:
i. Interim measures for phytoremediation/ bioremediation etc in respect of 100% sewage to reduce the pollution load on recipient water bodies - 31.03.2020. Compensation is payable for failure to do so at the rate of Rs. 5 lakh per month per drain by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2020.
ii. Commencement of setting up of STPs - 31.03.2020.
Compensation is payable for failure to do so at the rate of Rs. 5 lakh per month per STP by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2020.
iii. Commissioning of STPs - 31.03.2021. Compensation is payable for failure to do so at the rate of Rs. 10 lakh per month per STP by concerned Local Bodies/States (in terms of orders dated 28.08.2019 in O.A. No. 593/2017 and 06.12.2019 in O.A. No. 673/2018) w.e.f. 01.04.2021.
e. Compensation in above terms may be deposited with the CPCB for being spent on restoration of environment which may be ensured by the Chief Secretaries' of the States/UTs. f. An 'Environment Monitoring Cell' may be set up in the office of Chief Secretaries of all the States/UTs within one month from today, if not already done for coordination and compliance of above directions which will be the responsibility of the Chief Secretaries of the States/UTs.
g. Compliance reports in respect of significant environmental issues may be furnished in terms of order dated 07.01.2020 quarterly with a copy to CPCB."
21. Thus, closure of proceedings against Municipal Corporation of Greater Mumbai will not be appropriate having regard to directions of the Hon'ble Supreme Court dated 2.9.2014 and series of orders passed by this Tribunal on the subject in pursuance of the said order of the Hon'ble 24 Supreme Court, including orders twice passed in the presence of Chief Secretary, Maharashtra. Monitoring is still continuing in view of continuing problem of non-compliance status, almost throughout India due to apathy of the statutory authorities to the detriment of public health and the environment. No bar is shown to the proceedings before this Tribunal even if earlier the Hon'ble Bombay High Court had been dealing with the matter. On merits, it is not the claim of the Corporation that it has complied with the binding Rules on the subject of Solid waste Management and that public health and environment are no longer suffering due to its continuing failure, even after monitoring by the Hon'ble Supreme Court for 18 years and monitoring by this Tribunal for the last seven years, apart from monitoring elsewhere. Closing proceedings will be against the mandate of order of Hon'ble Supreme Court dated 2.9.2014 as well as against the mandate of NGT Act, 2010 and public interest.
Accordingly, the application is dismissed.
The main matter i.e. O.A. No. 510/2018 may now be put up for further consideration on 17.01.2022.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM November 26, 2021 I.A. No. 200/2021 In Original Application No. 510/2018 SN 25