National Green Tribunal
Sunrise Colony Council Burma Camp ... vs The State Of Nagaland Through The Chief ... on 3 February, 2023
Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.68/2022/EZ
IN THE MATTER OF:
1. Sunrise Colony Council,
Burma Camp, Dimapur, Nagaland
Through its Chairman,
Shri N. John Zeliang,
S/o Late P Zeliang,
R/o House No.49,
Sunrise Colony, Burma Camp,
Dimapur,
Nagaland,
Pin - 797112
2. Shri Thempu Rongmei,
S/o, Late Kabungson,
Secretary, Sunrise Colony Council,
Burma Camp, Dimapur, Nagaland,
R/o House No.84,
Sunrise Colony, Burma Camp,
Dimapur,
Nagaland,
Pin - 797112
....Applicant(s)
Versus
1. The State of Nagaland,
Through The Chief Secretary,
Government of Nagaland,
Chief Secretary Office,
Nagaland Civil Secretariat,
Kohima,
Pin - 797001
2. The Commissioner and Secretary,
Directorate of Municipal Affairs,
Below Accountant General's Office,
A. G. Colony, Kohima,
Nagaland,
Pin - 797001
3. The Director,
Department of Municipal Affairs,
Below Accountant General's Office,
A. G. Colony, Kohima,
Nagaland,
Pin - 797001
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4. Dimapur Municipal Council,
Through its Chief Executive Officer,
Kalibari Road,
Dimapur,
Nagaland,
Pin - 797112
5. The Nagaland Pollution Control Board,
Through its Chairman,
Signal Point, Dimapur,
Nagaland,
Pin - 797112
6. The Deputy Commissioner Dimapur,
ADC Court Dimapur,
Pin - 797112
....Respondent(s)
Date of hearing: 03.02.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. M. Padhi, Advocate (in Virtual Mode)
For Respondent(s) : Ms. Limayinla Jamir, Advocate for State, (in Virtual Mode),
Mr. Domingo Gomes, Advocate (in Virtual Mode),
Ms. K. Enatoli Sema, Advocate (in Virtual Mode)
ORDER
1. We have heard Mr. M. Padhi, learned Counsel appearing (in Virtual Mode) for the Applicants as well as the learned Counsel for the Respondents and perused the documents on record.
2. The allegation of the Applicants in this Original Application is that the Dimapur Municipal Council, Respondent No.4, is dumping solid waste and other wastes at the dumping site near the Applicant's colony, i.e., Sunrise Colony, Burma Camp Dimapur, Nagaland, in complete violation of the Solid Waste Management Rules, 2016.
3. It is alleged that the dumping site is ill-maintained and located in the low-lying area which percolates and contaminates the groundwater resources through leaching and, therefore, has a direct effect upon the life and health of the residents of the area including flora and fauna.
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4. It is also alleged that plastic, rubber and other toxic material are being burnt openly leading to toxic smell in the air. It is stated that the dumping site is less than 30 meters away from the Dhansiri River and is located about 40-50 meters from the human habitation, thus violating the Siting Criteria for selection of dumping site in accordance with the Solid Waste Management Rules, 2016.
5. The Applicants have also prayed that the Dimapur Municipal Council may be directed to relocate the dump site to a more appropriate place in conformity with the environmental norms.
6. Affidavit dated 20.08.2022 has been filed on behalf of the Deputy Commissioner, Dimapur, wherein it is stated that in the State of Nagaland, land is not owned by the Government but is under the ownership and custody of private individuals/communities. Paragraphs 10 & 11 of the affidavit read as under:-
"10. In view of the opinion expressed by the concerned Department, the issue was re-examined by the office of the Deponent and after re-examining the land at Shozukhu Village and Zani Village, the following observation were made:
(a) Zani Village: The distance proposed site at Zani Village from Burma camp Police point Junction Dimapur is approximately 7 kms, the area is thinly populated, NOC was issued by the Village Council of Zani in the year 2017.
However, the distance being about 7 Km from the municipal area, the cost of transportation of the waste will be higher.
(b) Shozukhu Village: Regarding the proposed dumping site at Shuzukhu Village, the landowner has expressed his unwillingness to give the land anymore citing objection from neighbouring villages.
11. It is further stated that in the State of Nagaland, land is not owned by the Government but is under the ownership and 3 custody of private individuals/communities. As such, land is not readily available for disposal/allotment to Government agency/entity. It is only when the private landowner(s)/Community(ies) agrees to part with the land, such land acquisition can take place. Further, Dimapur municipal area compromises only 18.32 Sq. Km and as such acquiring land within the minimum distance envisaged under the Solid Management Rules, 2016, is difficult."
7. A further affidavit dated 19.09.2022 has been filed on behalf of the Respondent No.4, Dimapur Municipal Council, wherein it is stated that on a daily basis the Council collects an average of 94.5 metric tonnes of mixed wastes and vehicles are deployed for collection of the same which consist of 5 big dumpers, 14 small dumpers and 8 tractor towed trailers. The collected wastes are thereafter transported to the dumpsite in dumpers and trucks and trailers which are covered with tarpaulin and the wastes so collected, are sprayed with a patented bio-culture in order to start the process of Bio-remediation. Thereafter, the waste is allowed to rest and stabilize by creating windrows and then it is shifted to the site where the rest of the waste is kept for further absolute stabilization.
8. It is also stated that door to door collection of wastes from households and residential premises is being carried out at present. It is also stated that a Compost Plant has also been set-up within the dumpsite which treats segregated bio-degradable wastes. It is further stated that the Council is using the process of Bio- remediation instead of Bio-methanation where carbon dioxide is produced as an end gas instead of methane and 90-95 tonnes of waste on an average is treated with Bio-culture to start the process of Bio-remediation per day. The said components are sent in two different solutions, namely, Solution B and Solution B+C then 4 mixed in the ratio of B: B-C = 2:3 and further diluted with 120 litres of water and thereafter sprayed on the fresh waste that is collected at the dumpsite.
9. It is also stated that a Bio-mining machine has been purchased at a cost of Rs. 16,55,000/- (Rupees Sixteen Lakhs Fifty Five Thousand only) which was used for 2-3 months wherein an average of 20 metric tonnes of waste was Bio-mined per day. It is also stated that an order has been placed for purchase of a new Bio-mining machine and required payment for the same has already been done. This machine has a capacity of treating 150 tonnes of waste per day.
10. From the facts emerging from this affidavit, this Tribunal observed that the entire municipal waste viz., solid waste, liquid waste, plastic waste, e-waste etc., which is generated is not being segregated by the Council. In fact, what the affidavit shows is that the entire waste is kept at the dumpsite and then it is sprayed with Bio-remedial sprays. In our opinion, this is not the treatment process of wastes as per the Municipal Solid Wastes (Management & Handling) Rules, 2000, Solid Waste Management Rules, 2016, Liquid Waste Management Rules, 2016, Plastic Waste Management Rules, 2016, and E-waste (Management) Rules, 2016. Admittedly, the Bio-mining is not being carried out, only Bio-remediation is being done.
11. Considering the facts emerging from this affidavit of the Dimapur Municipal Council, Respondent No.4, the Tribunal constituted a Committee comprising of the following Members:-
i) Scientist from the Central Pollution Control Board, Regional Office, Shillong;
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ii) Scientist from the Nagaland State Pollution Control Board;
iii) Professor from the Centre for Environment, IIT Guwahati; and
iv) Deputy Commissioner, Dimapur District.
12. The Committee was directed to visit the site in question and carry out an inspection and thereafter submit its report on affidavit with regard to the following points:-
(a) The Committee shall assess the total amount of solid and liquid wastes generated by the Dimapur Municipal Council and its process of disposal as per the Solid Waste Management Rules, 2016;
(b) Quantum of legacy waste to be quantified and steps taken for Bio-mining of the legacy waste to be recorded in the Report;
(c) The Committee shall also suggest whether present dumping site is in accordance with the Siting Criteria as per the Solid Waste Management Rules, 2016 and if not, suggest alternative measures.
(d) The Committee shall also assess whether leachate is being formed in the dumping site and if so, what is the amount being leaked thereby causing soil and ground water pollution;
(e) The Committee shall also assess the damage caused to the environment on account of unscientific disposal of solid waste and liquid waste and compute Environmental Compensation accordingly; and
(f) The Committee shall also suggest remedial measures to rectify the damage caused to the environment.
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13. It was also directed that the Nagaland State Pollution Control Board shall be the Nodal Office for filing the report of the Committee on affidavit and for all logistic purposes.
14. Accordingly, a compliance affidavit dated 10.11.2022 has been filed on behalf of the Respondent No.5, Nagaland State Pollution Control Board, in pursuance of the directions of the Tribunal dated 22.09.2022. Along with this affidavit, a Report of the Committee has been filed as Annexure-R/3 to the affidavit (from pages 1091 to 1093 of the paper book), on the various queries raised by the Tribunal which reads as under:-
a) "The Committee shall assess the total amount of solid and liquid wastes generated by the Dimapur Municipal Council and its process of disposal as per the Solid Waste Management Rules, 2016;
The Committee in order to get the assessment of the solid and liquid wastes generation had sought the information from the Dimapur Municipal Council (DMC), thereby it had submitted a report regarding the solid waste and liquid waste generated per day.
b) Quantum of legacy waste to be quantified and steps taken for bio-mining of the legacy waste to be recorded in the report;
The Committee had directed the Engineering Wing of the Dimapur Municipal Council (DMC) to quantify the quantum of legacy waste in the present dumpsite and accordingly the DMC through a Third Party M/s LAMPS Pvt. Ltd. Kohima had carried out an assessment of the quantum of the legacy waste. Though the assessment carried out by the Third Party it had assessed that around 1,04,620 MT of legacy waste is present at the DMC dumpsite.
For the bio-mining process the DMC had come to an agreement with the Third Party M/s CY Enterprise, wherein, an MOU is 7 already signed between DMC and the Third Party to carry out bio-mining of the legacy waste which has a capacity of 150 TPD. However, the Third Party could not carry out the biomining work due to late delivery of the machineries and equipments.
c) The Committee shall also suggest whether present dumping site is in accordance with the Siting Criteria as per the Solid Waste Management Rules, 2016 and if not, suggest alternative measures.
The Municipal Solid Waste (Management & Handling) Rules, 2000 came into existence in the year 2000 vide notification No. S.O. 908(E) Dated New Delhi, the 25th September, 2000 and the Solid Waste Management Rules, 2016 came into existence in the year 2016 vide notification S.O. 1357(E) Dated New Delhi, the 8th April, 2016, whereas, the present Dimapur Municipal Council dumping site was established in the year 1996. Therefore, during the time of establishment of present DMC dumping site, the citing of criteria as per SWMR, 2016 does not arise. After the implementation of the Rule and its awareness, the NPCB after an inspection and monitoring carried out had written a letter to the Government of Nagaland vide NPCB letter no. NPCB/MSW/40 Dated 12.08.2014 and also to DMC vide NPCB letter no. NPCB/MSW/16 Dated 05.08.2014 for allocation of suitable land for dumpsite in accordance with Schedule III of the Municipal Solid Waste (Management & Handling) Rules 2000, however, till date the Government is unable to acquire an appropriate site to set up a scientific waste processing management site for Dimapur city in accordance to the Nagaland Integrated Waste Management Policy, 2019 and Solid Waste Management Rules, 2016.
d) The Committee shall also assess whether leachate is being formed in the dumping site and if so, what is the amount being leaked thereby causing soil and ground water pollution;
The NPCB had conducted water monitoring analysis in and around the dumpsites in the year 2014 and 2022. The water analysis report as per the samples taken in the year 2022 wherein the Location 1,2,3,4 and 6 falls within the Sunrise 8 Colony and Location 5 within the DMC dumping site itself. The results indicate that's the water conditions in all the locations are within the permissible limit and the dwellers are using it for drinking purposes.
A comparison of the data for 2014 and 2022 shows that the water quality has improved within a period of time as per the analysis report carried out by NPCB in the downstream of the River Dhansiri, which is as follows:
Sl. No. Parameters 2014 2022
1 pH (mg/L) 6.98 7.4
2 Dissolved Oxygen (DO) (mg/L) 4.8 5.9
3 Biological Oxygen Demand (BOD) 13 2.16
(mg/L)
With the recent water analysis carried out on 18th August, 2022 it was observed that the water quality in the up-stream and down-stream and the ground water in and around the dumpsite shows relatively good results. Which may indicate that the results of the water monitoring test as non hazardous this might imply because Dimapur does not have any chemical or hazardous generating industry so since the waste are mostly household and inert waste.
Since, the decomposting wastes are mostly households, the dissolve materials may be relatively harmless and the presence of toxic chemical may be minimal.
e) The Committee shall also assess the damage caused to the environment on account of unscientific disposal of solid waste and liquid waste and compute Environmental Compensation accordingly; and Earlier the dumpsite was surrounded by forest but with the expansion of the city the waste generation increased and there was an incident of fire, foul smell and flies. As such the NPCB issued a letter to Urban Development Department vide letter no. NPCB/RWMR/45 Dated 17.08.2016 for strict implementation of Solid Waste Management Rules, 2016. And with the implementation of bioremediation process which had been carried out the incidence of fire, foul smell and flies have been controlled and reduced.
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The DMC have erected perimeter wall all along the dumpsite, thereby public safety is ensured and incidence of fire is effectively controlled. Because of the bioremediation practice in the dumpsite, bad odour from dumpsite is minimal, incidence of flies and picking of birds is also controlled. As stated in the Committee report under Clause (d) submitted before the Hon'ble Court, the damage by leachate caused to the environment may not be very serious in nature. However, Effluent Treatment Plant for leachate needs to be installed at the earliest.
f) The Committee shall also suggest remedial measures to rectify the damage caused to the environment.
a) To advice the State Government to find an appropriate site complying with the SWM Rules, 2016.
b) In the meantime, where an appropriate land is being process the DMC are directed to comply with the following directions:
i. To prepare an Action Plan for waste management. ii. To implement strict enforcement of waste segregation from source.
iii. To continue the bioremediation process. iv. Creation of green belt and buffer zone. v. Install Weigh Bridge in the dumpsite.
vi. To construct a concrete slab for waste processing (segregation process).
vii. Construct linear drainage inside the periphery of the dumpsite to protect the water and soil environment. viii. To construct Effluent Treatment Plant for treatment of leachate. ix. To construct Faecal Sludge Treatment Plant with higher capacity.
x. To expedite the biomining process with the Third Party. xi. Dumpsite has to be fenced completely and an additional fence on the sides towards River Dhansiri.
xii. To install CCTV cameras for monitoring of the dumpsite for any fire or untoward incidences.
c) The Urban Development Department, Nagaland and Municipal Affairs Department, Nagaland to extend the financial implications needed to set up the waste processing facility as 10 recommended by the Committee Members to the Dimapur Municipal Council for better solid waste management."
15. A perusal of this Report discloses that the legacy waste at the existing Dimapur Municipal Council dumpsite is about 1,04,620 MT. It is stated that steps have been taken by the Dimapur Municipal Council to engage one M/s C Y Enterprise for carrying out the Bio-mining process of the legacy waste having a capacity of 150 tonnes/day (TPD), but it is stated that the agency could not carry out the Bio-mining due to late delivery of the machinery and equipment.
16. Be that as it may, the work of Bio-mining and Bio-remediation cannot be delayed any further merely because the machinery and equipment has been delivered late. Since the machinery and equipment has been delivered, even if late, we direct the Dimapur Municipal Council to ensure completion of all the Bio-mining process by 31.05.2024 and file an affidavit of compliance in this regard by 01.07.2024.
17. So far as the Siting Criteria of the dumpsite is concerned, the Report mentions that the same was established in 1996 and at that time the Solid Waste Management Rules were not in existence, since the Solid Waste Management Rules were promulgated in the year 2016, therefore, no fault can be found with the present dumpsite of the Dimapur Municipal Council.
18. However, considering the quantity of waste generated per day, we cannot ignore the fact that very soon adequate quantity of land will have to be provided for as a dumpsite for future purposes. The stand of the Dimapur Municipal Council is that there is no 11 Government land available in the State at present which means that land for a new dumpsite will have to be acquired.
19. We, therefore, direct the State Government to take necessary steps for acquisition of land within a period of six months for the new dumpsite, ensuring compliance of the Solid Waste Management Rules, 2016, so far as Siting Criteria is concerned, and thereafter, steps shall be taken for re-location of waste from the present dumping site to the new site within a further period of six months.
20. So far as Leachate at the present dumpsite is concerned, the Report mentions that the water monitoring analysis in and around the dumping site indicates that the water conditions are all within the permissible limit and dwellers are using it for drinking purposes.
21. A table of water analysis report has also been filed in support of the contentions made in the Report and it is stated that the test report shows the data of upstream as well as downstream and in the groundwater in and around the dumping site to be good.
22. However, we cannot rule out the possibility of future contamination of upstream, downstream or ground water as population increases and the waste also increases which means that the dumpsite will have to be relocated to an appropriate site following the acquisition of land.
23. As regards the Unscientific Disposal of Solid Waste, Liquid Waste and computation of Environmental Compensation, the Report mentions that the dumpsite in question was earlier surrounded by forest but with the expansion of the city the waste generation too increased and there was an incidence of fire, foul smell and flies. The Nagaland Pollution Control Board, therefore, issued a letter to the 12 Urban Development Department vide its letter dated 17.08.2016 for ensuring strict implementation of the Solid Waste Management Rules, 2016 and thereafter with the implementation of the Bio- remediation process, incidents of fire, foul smell and flies have been controlled and considerably reduced. It is also stated that the Dimapur Municipal Council has erected a perimeter wall all around the dump site thereby ensuring public safety and that incidence of fire in future is controlled.
24. The Report also mentions that the damage caused by leachate is not so great as to warrant computation of Environmental Compensation but it is necessary to install an Effluent Treatment Plant (ETP) at the earliest.
25. The Committee has also given certain recommendations which have already been extracted hereinabove, but we find that no timelines for completion of the same have been given.
26. We, therefore, direct as follows:-
(i) So far as finding of alternative land for a new dumpsite through land acquisition proceeding is concerned, we have already given a timeline of one year i.e., six months for completion of acquisition proceedings and further six months for shifting of the present dumpsite to the new dumpsite by 31.01.2024.
(ii) With regard to preparation of Action Plan, we direct the Dimapur Municipal Council to prepare an Action Plan for Waste Management within a period of three months i.e., by 30.04.2023.
(iii) With regard to implementation of strict enforcement of Waste Segregation from source, we find that it is a continuous 13 process and, therefore, no timeline can be given but the same must be commenced within one month, if not already being undertaken by the Dimapur Municipal Council.
(iv) With regard to Bio-remediation process, as already noted hereinabove, the same is to be completed by 31.05.2024 and affidavit of compliance in this regard shall be filed by 01.07.2024.
(v) With regard to creation of Green Belt and Buffer Zone, the same shall be completed within a period of six months i.e., by 30.09.2023.
(vi) With regard to installation of Weigh Bridge in the dumpsite, the same shall be completed within a period of three months i.e., by 31.05.2023.
(vii) With regard to construction of a Concrete Slab for Waste Processing (Segregation Process), the same shall also be completed within a period of four months i.e., by 31.05.2023.
(viii) With regard to construction of Linear Drainage inside the periphery of the dumpsite to protect the water and soil environment, the same shall also be constructed and completed within a period of three months i.e., by 31.05.2023.
(ix) So far as construction of Effluent Treatment Plant (ETP) is concerned, we direct that the same shall be completed by 31.05.2024. We are aware that the construction of ETP would require sanction of budget by the State Government and, therefore, the Chief Secretary, State of Nagaland, is 14 directed to expedite the matter and ensure sanction of funds in this regard.
(x) With regard to construction of Feacal Sludge Treatment Plant (FSTP) with higher capacity, the same shall also be completed by 31.05.2024 as it requires sanction of budget by the State Government. The Chief Secretary, Government of Nagaland, is directed to expedite the matter and ensure sanction of funds in this regard.
(xi) As regards the Bio-mining Process is concerned, as we have already noted hereinabove that the same shall be completed by 31.05.2024.
(xii) With regard to dump site to be fenced completely and additional fencing on the sides towards River Dhansiri, till the alternate site is found and alternate dumpsite is established, we direct that the present dumpsite shall be fenced completely with additional fence on the sides facing the river Dhansiri, ensuring that there is no contamination of solid and liquid wastes from the dump site in any manner with river water.
(xiii) So far as installation of CCTV cameras for monitoring of the dumpsite for any fire or untoward incidence is concerned, we direct the CCTV cameras to be installed/set-up within a period of six months i.e., by 31.05.2023.
27. To ensure effective compliance of all the remedial measures suggested by the Committee, we direct the Chief Secretary, Government of Nagaland, to constitute a Committee which shall include the Principal Secretary, Urban Development Department and the Municipal Affairs Department, Government of Nagaland, 15 the Municipal Commissioner, Dimapur Municipal Council, Chairman/Member Secretary, Nagaland State Pollution Control Board and any other Member whom the Chief Secretary may consider necessary in his wisdom to include in the Committee for proper and complete execution of the above directions.
28. Needless to say the Chief Secretary, Government of Nagaland, shall be the Chairman of the Committee. The Committee shall conduct quarterly review of the remedial measures suggested by the Committee and ensure compliance of the directions given by us hereinabove.
29. A comprehensive affidavit of compliance in this regard shall be filed by the Committee on or before 01.07.2024.
30. With the aforesaid directions, the Original Application No. 68/2022/EZ is accordingly disposed of.
31. There shall be no order as to costs.
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B. Amit Sthalekar, JM ....................................
Dr. Afroz Ahmad, EM February 03, 2023, Original Application No.68/2022/EZ AK 16