National Green Tribunal
Ashish Sharma vs State Of Up & Ors on 16 August, 2024
Item No. 07 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 465/2023
(IA No. 303/2024 & I.A. No. 186/2024)
Ashish Sharma Applicant
Versus
State of UP & Ors. Respondent(s)
Date of hearing: 16.08.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Rajan Kumar Singh, Advocate alongwith applicant in Person
Respondent: Mr. Pradeep Misra, Advocate for UPPCB (through VC)
Mr. A.R. Takkar, Ms. Unnati Anand and Mr. Manan Takkar, Advocates
for respondent-4(through VC)
Mr. Ravindra Kumar Senior Advocate with Mr. Shivam Saxena, Advocate
for GNIDA with Ms. Leenu Sehgal, General Manager and Mr. Chet Ram,
Senior Manager, GNIDA.
ORDER
1. This Original Application was registered in exercise of suo-moto jurisdiction in view of the law laid down by Supreme Court in the matter of "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors."
reported in 2021 SCC Online SC 897, on a letter petition dated 10.05.2023 sent by Ashish Sharma, resident of 14th Avenue, Gaur City-2, Greater Noida West, Gautam Budh Nagar complaining that in the aforesaid residential apartment society, a Garbage Collection Centre has been created in the basement of the Tower-I which is emitting foul smell creating health hazard to local residents.
2. Cognizance was taken by Tribunal on 03.08.2023 and it constituted a joint Committee to verify facts and submit report.
13. Pursuant to order dated 03.08.2023, a report dated 07.11.2023 was submitted by Joint Committee through Regional Officer, Uttar Pradesh Pollution Control Board (hereinafter referred to as 'UPPCB'), Greater Noida stating that an Organic Waste Convertor Machine (hereinafter referred to as 'OWC Machine') for processing and disposal of Municipal Solid Waste generated from the above residential project has been installed in basement; one exhaust pipe/ducting is provided which opens on top floor; there was a gap in the joints of the duct/exhaust pipe due to which foul smell was observed in nearby area; Project Proponent did not provide any logbook of functioning of OWC Machine; daily consumption record of the said machine, consumption of anti-smell chemicals etc.; and, also did not provide generation of solid waste per day, details of disposal of solid waste (dry and wet), capacity of OWC machine and duration of its functioning etc. The observations recorded by joint Committee are reproduced as under:-
Main observation of the Joint Committee are as follows:
i. Project has installed Organic Waste Converter (OWC) Machine for processing and disposal of municipal solid waste generated from said project in basement. One exhaust pipe/ ducting is provided for same, which opens on the top floor.
ii. It was observed that there is a gap in the joints of the duct/exhaust pipe installed for the Organic Waste Converter (OWC) section, due to which foul smell was observed in nearby area.
iii. Project proponent has not provided logbook of OWC operations, daily electricity consumption of OWC, consumption of anti smell chemicals and copy of approved map by GNIDA with location of OWC.
iv. Project proponent has not provided generation of solid waste per day, details of disposal of solid waste (dry and wet), capacity of OWC and duration of operation of OWC per day, details of disposal of manure as informed to be produced by OWC installed at project.2
In view of above shortcomings observed by the Joint Committee, Regional Officer, UPPCB, Greater Noida (nodal agency) issued notice to the said project, vide letter dated 16.09,2023, copy of same Is annexed as (Annexure-1.) In view of above shortcomings observed by the Joint Committee, Show Cause Notice under section-5 of Environmental (Protection) Act, 1986 has been issued against the said project by the Competent Authority of UPPCB, Lucknow vide letter dated 01.11.2023, copy of same is annexed as (Annexure-2.) In compliance of notice dated 16.09.2023, project has submitted its reply on dated 03.11.2023 regarding shortcomings found during inspection, copy of same is annexed as (Annexure-3.) Photographs taken during inspection are annexed as Annexure-4.
No reply is submitted by project in compliance of show cause notice issued by Board.
3. Conclusion:
In view of above, the Joint Committee observed the shortcoming as mentioned above and action has been initiated by following due process of law."
4. A reply filed by Project Proponent-M/s Gaursons Promotors Private Limited states that OWC Machine was installed underneath tower I in basement -1 and the said location was approved and sanctioned by G Noida. However, it explains that mitigating measures to control air pollution have been taken from time to time. Relevant extract of reply submitted by Project Proponent is reproduced as under:
"9. That the most relevant excerpts of the detailed reply dated 03.11.2023 on behalf of the Project Proponent are summarized below:
COMPLIANCE IN TERMS OF SOLID WASTE (MANAGEMENT & HANDLING) RULES, 2016 PUBLISHED ON 08.04.2016 BY MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (MOEFCC), NEW DELHI A) A Garbage Agency has been appointed for implementation of Solid Waste Management System by GPPL. B) Two distinct dustbins (Green and Blue) are provided to facilitate waste segregation, primarily categorized as Dry and Wet Waste, allocated to each flat owner.3
C) Solid waste generated from each flat is collected using the respective dustbins for Dry and Wet Waste. D) A total of 58 dustbins, each of 220 liters capacity and equipped with wheels, have been provided for the purpose of collecting garbage from the project.
E) Waste Segregation techniques have been undertaken by GPPL by categorizing various types of waste such as Biodegradable, Non-Biodegradable, Recyclables, Hazardous, and E-waste within the Project.
F) Biodegradable waste, sorted and segregated, is subsequently converted into compost via the Organic Waste Composter (Hereinafter as "OWC") installed at the site and utilized in the Horticulture within the Project.
G) Other segregated wastes like Non-Biodegradable, Recyclables, Hazardous and E-waste etc. are appropriately managed and subsequently handed over to the respective Waste Handling Agencies.
ORGANIC WASTE COMPOSTER / OWC MACHINES & UTILISATION OF MANURE FROM OWC MACHINES H) The OWC Machine Room / Garbage Room is located
underneath Tower-I in Basement 1. The map for the OWC Room's location, has been approved and sanctioned from Greater Noida Authority.
I) Two OWC Machines of 1000 Kg/day Capacity Each have been installed at the Project to manage total solid waste generated i.e. approximately 5130 KGs (out of which about 2000 kg/day is biodegradable).
J) OWC Machine installed in the project is of Make -SMS Hydrotech from Faridabad. Daily electricity consumption of each machine is around 40 -50 Units considering 12-14 Hours Operation per day K) The Manure generated from OWC Machine is used in landscaping areas within and outside the Project. The excess manure is being handed over to the garbage vendor for self-
use/sale.
ODOUR CONTROL MEASURES L) Bleaching Power and Anti Odour chemical are being administered daily within the Project premises for sanitation and cleaning purposes.
M) The issue of unpleasant Odour s emanating from the area has been addressed by rectifying air leakages in the Garbage Room. Regular use of Anti-Odour Chemicals and Bleaching Powder has been implemented in the Garbage Room.
N) The logbook detailing the issuance of Anti-Odour Chemicals and Bleaching Powder, to the Garbage Agency is being maintained by GPPL.
O) The repair and maintenance work for the ducting system is conducted periodically.
10. That it was after the aforesaid reply dated 03.11.2023 was posted by the Project Proponent in compliance of notice dated 4 16.09.2023 by the Regional Officer, UPPCB, Greater Noida, a notice dated 01.11.2023 issued by The Chief Environment Officer, UPPCB, Lucknow was received by the Project Proponent on 7.11.2023. The Project Proponent responded to the notice dated 01.11.2023 vide a reply dated 28.11.2023 addressed to the Chief Environment Officer, UPPCB, Lucknow. True Copy of the Reply of the Project Proponent dated 28.11.2023 in compliance of notice dated notice dated 01.11.2023 issued by the Chief Environment Officer, UPPCB, Lucknow is marked and annexed hereto as is marked and annexed hereto as Annexure: P/4.
11. That it is most humbly submitted that the Joint Committee constituted by this Hon'ble Tribunal in the present OA submitted its report vide an email dated 07.11.2023. Since the Report was compiled by the Joint Committee before the notice dated 1.11.2023 issued by the Chief Environment Officer, UPPCB, Lucknow was received by the Project Proponent, the said response is not recorded in the report submitted by the Joint Committee.
12. That the main observations made by the Joint Committee in the said report and the response by the Project Proponent are summarized below:
S.N. MAIN OBSERVATIONS RESPONSE TO THE
OF THE JOINT OBSERVATION BY THE
COMMITTEE PROJECT PROPONENT
1. Project has installed organic The Organic Waste Composter (OWC) waste converter (OWC) Machine /Garbage Room, which is located for processing and disposal of underneath Tower-I in Basement 1 is duly municipal solid waste generated approved and sanctioned by GreaterNoida from said project in basement. Authority. TrueCopy of the sanction plan One exhaust pipe/ ducting is approved by GNIDA has already been provided for same, which opens annexed above. on the top floor.
2. It was observed that there is a The issue of unpleasant odors emanating gap in the joints of the from the area has been addressed by duct/Exhaust pipe installed for rectifying air leakages and ventilation grills the organic waste converter cleaning work in the Garbage Room and (OWC) section, due to which foul the proof to that effect was annexed along smell was observed in the nearby with reply dated 3.11.2023 in compliance area of notice dated 16.09.2023. True Copy of Photographs of cleaning of ventilation grills works and air leakages repair are marked and annexed hereto as Annexure: P/5.
53. Project proponent has not All the logbooks are being duly and provided logbook of OWC, periodically prepared and maintained by consumption anti-smell the Project Proponent. The copy of chemicals and copy of approved logbook of OWC, copy of Log of map by GNIDA with location of consumption of anti-smell chemicals and OWC copy of approved map by GNIDA with location of OWC has already been provided by the Project Proponent along with its reply dated 3.11.2023 and reply dated 28.11.2023. True Copy of Log Book of OWC Machine and True Copy Log Book of Anti Odor chemical and bleaching power maintained at site are marked and annexed hereto as Annexure: P/6 (Colly).
4. Project proponent has not The Project Proponent has installed provided generation of solid OWC Machine of SMS Hydrotech make, waste per day, details of all the technical details viz a vis the disposal of solid waste (dry and capacity, operation etc of the said wet), Capacity of OWC and machine have been provided along with duration of operation of OWC per the details of solid waste generation/ day, Details of disposal of disposal etc by the Project Proponent manure as informed to be along with reply dated 3.11.2023 in produced by OWC installed at compliance of notice dated 16.09.2023. project. True Copy of Technical Details of OWC Machine are marked and annexed hereto as Annexure: P/7.
13. That it is most humbly submitted that in the light of the aforesaid facts and circumstances along with supporting annexures, it is evident that the Project Proponent is meticulously maintaining the Organic Waste Composter (OWC) /Garbage Room, which is located underneath Tower-I in Basement 1 and the same is duly approved and sanctioned by Greater Noida Authority. The Manure generated from OWC Machine is used in landscaping areas within and outside the project by the Project Proponent. Whereas the excess manure is handed over to the garbage vendor for self-use/sale. For the sanitization and cleanliness purposes of the Garbage Room and for preventing odor, the Project Proponent uses bleaching powder along with anti-odor chemicals on a daily basis. Additionally, the Project Proponent has arranged for Solid Waste Management in strict compliance with the regulations stipulated in the Solid Waste (Management & Handling) Rules, 2016 published on 08.04.2016 by Ministry of Environment, Forest and Climate Change (MoEFCC), New Delhi. Thus, it is it is clear beyond any reasonable doubt that present OA is based on concealment of material facts by the Applicant and further the Project Proponent is not in contravention of law qua the Solid Waste Management/Disposal at the Project, further the temporary issue of odor also stands fixed. Hence it is most humbly prayed that this Hon'ble Tribunal may kindly be pleased to dismiss the present OA with cost."
5. The above matter was considered on various dates and various orders were passed. Project Proponent however, expressed its willingness to shift OWC Machine as also Waste Collection Centre from basement to 6 another place but submitted that since the said location was approved by G Noida, therefore, it has submitted an application seeking permission of the said authority for shifting of the said Centre to another place but no permission has been granted.
6. Taking note of above statement of Learned Counsel appearing for Project Proponent on 12.07.2024, this Tribunal impleaded G Noida as respondent 5 and issued notice.
7. Pursuant, thereto, Shri Ravindra Kumar, Senior Advocate has appeared today on behalf of G Noida and on instructions from Ms. Leenu Sehgal, General Manager, has stated at the Bar that within one week appropriate order shall be passed by G Noida and communicated to Project Proponent.
8. Shri A.R. Takkar, Advocate appearing for respondent 4 stated that from date of receipt of order of G Noida with regard to permission of shifting of Waste Collection Centre and OWC Machine, appropriate steps shall be taken and process of shifting shall be completed by Project Proponent within one month.
9. In view of above stand taken by respondents 4 and 5, we do not find that any further order is required to be passed in this matter except that the said authority and proponent shall comply with the above stand.
10. However, we also observe that at shifted place also, appropriate steps for mitigating air pollution shall continue to be taken by Project Proponent in accordance with provisions of Solid Waste Management Rules, 2016 and the suggestions made by Joint Committee in its report dated 07.11.2023.
711. Original Application is accordingly disposed of.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM August 16, 2024 Original Application No. 465/2023 (IA No. 303/2024 & I.A. No. 186/2024) SN 8