National Green Tribunal
Ganesh Dadarao Anasane vs Amravati Municipal Corporation on 24 August, 2022
Item No.5 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 60/2019(WZ)
Ganesh Dadarao Anasane
.....Applicant(s)
Versus
Amravati Municipal Corporation & Anr
....Respondent(s)
Date of hearing: 24.08.2022
CORAM: HON'BLE MR. JUSTICEDINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant(s) : Applicant-in-Person
Respondent : Mr. Sangram Singh R. Bhonsle, Ms. Aarti D. Bhonsle, Mr.
: Siddharth A. Mehta, Ms. Samridhi S. Jain Mr. Nrupal A.
Dingankar, Advocates for R-1
: Ms. Mansi Joshi, Advocate for R-3
ORDER
1. In compliance of the Tribunal's order dated 17.08.2022, the Applicant has filed rejoinder affidavit dated 20.08.2022 and Learned Counsel for Respondent No.1/Amravati Municipal Corporation (AMC) has filed an affidavit (addressed as sur-rejoinder) and they are taken on record.
2. From the side of Respondent No.3-MPCB, Ms. Mansi Joshi, Learned Counsel has appeared.
3. No one has appeared from the side of Respondent No.2 despite sufficient service. Hence, the proceedings shall go ahead ex-parte against him.
Page 1 of 12
4. The question involved in the present application is with respect to dumping of waste at Sukali Dumping Ground as the Applicant has sought direction that the Respondent No.1 be directed to stop dumping of waste at the said dumping ground and be directed to set up solid waste processing unit in accordance with Municipal Solid Waste Managment, Rules, 2016 (MSW Rules).
5. The Tribunal has taken up this matter initially on 22.08.2019 and since thereafter, a number of orders have been passed already which we are not referring here today.
6. We had enquired the current position in respect of the dumping of waste at the Sukali dumping ground from the Learned Counsel for Respondent No.1, to which he responded by pointing out in affidavit dated 13.08.2022 that they have developed MSW Plant of the capacity of 200 TPD at Sukali and of 100 TPD at Akoli Bypass and of 50 TPD at Kondeshwar Naka (proposed, yet to be commissioned).
7. The Learned Counsel for the Respondent No.1 has drawn attention to page no. 1253 of the paper book which shows processing of solid waste at Sukali and Akoli Bypass solid management plant which shows that in total seven months 35512.69 tons of waste has been processed which shows that on an average little less than 200 TPD is being generated and processed as far as the daily waste generation is concerned and as of now, there is no fresh dumping being done at the said two dumping grounds as the entire waste material is being processed simultaneously.
8. As regards the legacy waste, he has drawn attention to the steps that were taken by the Respondent No.1 by referring to affidavit dated 29.11.2021, the relevant portion of the same are as follows:- Page 2 of 12
"iii. In terms of the Total Station Survey report conducted by the PMC on 03.09.2021, the Respondent No. 1 prepared a Revised Detailed Project Report for conducting Bio-remediation and Bio- mining of Legacy Waste at Sukali Compost Depot for Solid Waste Management in the Respondent No. 1 Corporation. The copy of the Revised Detailed Project Report submitted to the Urban Development Department, Government of Maharashtra under the Swachh Maharashtra Mission. In terms of the Total Station Survey conducted by the PMC on behalf of the Respondent No. 1, 6.5 Ha of total area is under the Legacy Waste with a total quantity of 4,51,580 m3 of Legacy Waste. About 4,03,595 m3 of Legacy Waste is on the right side of the Akoli Rind Road admeasuring 4.92 Ha and about 47,985 m 3 of Legacy Waste is on the left side of the Akoli Rind Road admeasuring 1.63 Ha. An area of about 3.25 Ha has been cleaned and recovered.
iv. The Revised Detailed Project Report was submitted to Maharashtra Jivan Pradhikaran by the Respondent No. 1 Corporation in October 2021 for obtaining its Technical Sanction. The Maharashtra Jivan Pradhikaran accorded its Technical Sanction to the Bio-remediation and Bio-mining project of the Respondent No. 1 with regards to the Legacy Waste at the Sukali Dumping Ground on 03.11.2021. Simultaneously, the Respondent No. 1 Corporation has also sent the same proposal for its Administrative Approval to the Principal Secretary, Urban Development Department, Government of Maharashtra. The Respondent No. 1 is awaiting the Administrative Approval from the Principal Secretary, Urban Development Department, Government of Maharashtra.
v. Be that as it may, the Respondent No. 1 being conscious of its statutory obligation under the Solid Waste Management Rules, 2016 has floated an E- tender Notice bearing No. AMC/PWD/CE/NIT/110/2021 dated 14.10.2021 for selection of a contractor for a work of Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and scientific Rejects Disposal, Sukali Compost Depot, Phase-II, Amravati. A schedule of the E-tender Notice dated 14.10.2021 was as follows:
Event Date Time Web-Line/Venue
Start of 14.10.21 05:03 pm www.mahatenders.gov.in
Bid
Download
Pre bid 26.10.21 12:00 pm At Conference Hall, Amravati
meeting Municipal Corporation
Amravati
End Date 09.11.21 04:00 pm Online Submission-
of online www.mahatenders.gov.in
Page 3 of 12
&physical Physical Submission-At
submission Deputy Municipal Commission
Office, Amravati Municipal
Corporation, Rajkamal Chowk,
Dist-Amravati
Technical 10.11.21 04:00 pm AmravatiMunicipal
bid Corporation, Amravati
Opening
vi. It is submitted that, in pursuance of the E-tender notice dated 14.10.2021, the Respondent No. 1 received 3 bids from M/s Janadhar Sevabhavi Sanstha in JV with M/s Royal Western Projects, Pune, M/s Vishweshwara Hydrotech Pvt. Ltd. Nagpur and National federation of Farmers Procurement processing and retailing Co - operatives of India Ltd (NACOF), Bhopal. Pune. Out of the 3 bidders, M/s Janadhar Sevabhavi Sanstha in JV with M/s Royal Western Projects, Pune, was technically disqualified. Since, only 2 bidders were left, for the purpose of fair competition the Respondent No. 1 Corporation had recalled its tender dated 14.10.2021 and on 12.11.2021 vide the e-tender notice bearing No. AMC/PWD/CE/NIT/113/2021 has issued a fresh tender for Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and scientific Rejects Disposal, Sukali Compost Depot, Phase-II, Amravati. The schedule of the E-tender Notice dated 12.11.2021 was as follows:
Event Date Time Web-Line/Venue
Start of 12.11.21 06:00 pm www.mahatenders.gov.in
Bid
Download
Pre bid NA NA NA (As the same was
meeting conducted during the
previous tender)
End Date 22.11.21 04:00 pm Online Submission-
of online www.mahatenders.gov.in
&physical Physical Submission-At
submission Deputy Municipal
Commission Office, Amravati
Municipal Corporation,
Rajkamal Chowk, Dist-
Amravati
Technical 23.11.21 04:00 pm AmravatiMunicipal
bid Corporation, Amravati
Opening
Page 4 of 12
9. Thereafter, he has also drawn attention to Affidavit dated
30.11.2021 filed by him, the relevant paragraphs of the same are as follows:-
"d). The Respondent No. 1 Corporation being completely aware of the gravity of the situation of the Scientific Dumpsite Land Reclamation through Bio-Mining, Resource Recovery and Scientific Rejects Disposal, Sukali Compost Depot, Phase 11, Amravati, without awaiting the outcome of the Revision Petition filed by the Mr. Afzal Husain Mubarak before the Urban Development Department, Government of Maharashtra on 05.05.2022 decided to float a fresh bid bearing Bid No. GEM/2022/B/2153429 with regards to the Scientific Dumpsite Land Reclamation through Bio-Mining, Resource Recovery and Scientific Rejects Disposal, Sukali Compost Depot, Phase II, Amravati.
e) By a Letter of Acceptance dated 23.05.2022, the Respondent No. 1 Corporation informed M/s Supreme Gold Irrigation Ltd.
the Acceptance of the bid of M/s Supreme Gold Irrigation Ltd. by the Respondent No. 1 Corporation and called upon the said institution to deposit an amount equivalent to the 5% of the contract value of Rs. 1 7,29,55,140.90/-.
f) In pursuance of the Letter of Acceptance dated 23.05.2022, M/s. Supreme Gold Irrigation Ltd. on 03.06.2022 submitted a Bank Guarantee to the tune of Rs. Rs. 45,00,000/- with the Respondent No. 1 Corporation. A copy of the Bank Guarantee submitted by the M/s Supreme Gold Irrigation Ltd. to the Respondent No. 1 Corporation dated 03.06.2022.
g) In pursuance of the bid document dated 05.05.2022, the Respondent No. 1 received 3 bids from M/s. Supreme Gold Irrigation Ltd., Sagar Motors and Suraj Color Roof. Out of the three bidders, the bid of M/s. Supreme Gold Association was being 8.81% less was accepted by the Corporation on 03.06.2022.
h) Thereafter, vide the Resolution bearing No. 24 dated 03.06.2022 of the Standing Committee of the Respondent No. 1 Corporation acting through its appointed Administrator, the Respondent No. 1 corporation granted tender to M/s Supreme Gold Irrigation Ltd. for the Scientific Dumpsite Land Reclamation through Bio-Mining, Resource Recovery and Scientific Rejects Disposal, Sukali Compost Depot, Phase II, Amravati.
Page 5 of 12
i) In furtherance of the Administrative Approval dated 03.06.022 and Resolution bearing No. 24 of the Respondent No. 1 Corporation, the Respondent No. 1 Corporation entered into an agreement with M/s Supreme Gold Irrigation Ltd. for the work of Scientific Dumpsite Land Reclamation through Bio- Mining, Resource Recovery and Scientific Rejects Disposal, Sukali Compost Depot, Phase II, Amravati on 06.06.2022.
j) In pursuance to the Agreement dated 06.06.2022, M/s Supreme Gold Irrigation Ltd. deployed requisite machinery at the Sukali Compost Depot, Phase II, Amravati.
k) In pursuance to the Revision petition filed by Mr. Afzal Husain Mubarak challenging the Resolution No. 99 dated 16.02.2022 of the Respondent No.- Corporation, the Urban Development Department of the State of Maharashtra on 29.06.2022 issued notice to the Respondent No.1 calling upon the Respondent No.1 to file its reply to the complaint made by Mr. Afzal Husain Mubarak to the Resolution No. 99, within 7 days.
l) The Respondent No. 1 Corporation on 07.07.2022, in pursuance to the Agreement dated 06.06.2022 executed between the Respondent No. 1 Corporation and M/s Supreme Gold Irrigation Ltd. issued a Work Order to M/s Supreme Gold Irrigation Ltd. to undertake the work of Scientific Dumpsite Land Reclamation through Bio-Mining, Resource Recovery and Scientific Rejects Disposal, Sukali Compost Depot, Phase II, Amravati.
m) On 21.07.2022, the Urban Development Department of Government of Maharashtra directed the Respondent No. 1 Corporation to file its reply before the Government of Maharashtra on or before 25.07.2022.
n) The project of the Respondent No. 1 Corporation to undertake Scientific Dumpsite Land Reclamation through Bio-Mining, Resource Recovery and Scientific Rejects Disposal at Sukali Compost Depot, Phase II, Amravati is ready for commissioning its operations and shall commence its operations as soon the Rainy Season of 2022 is over. Therefore, the Respondent No. I Corporation undertakes to commence the Scientific Dumpsite Land Reclamation through Bio-Mining, Resource Recovery and Scientific Rejects Disposal, Sukali Compost Depot, Phase II, Amravati from November, 2022 and therefore, complete remediation of the legacy waste shall be completed within one year thereafter i.e. on or before 31.12.2023". Page 6 of 12
10. Therefore, it is apparent from the above steps which have been taken by the Respondent No.1 that now to attend to the legacy waste a contract has been entered into between Respondent No.1 and M/s. Supreme Gold Irrigation Limited and work order has also been given to the said company to undertake the work of Scientific Dumpsite Reclamation through Bio-Mining and the said work is likely to be finished by 31.12.2023. Therefore, it is apparent that a deadline of 31.12.2023 has been fixed by the Respondent No.1 by which the entire legacy waste would be got processed by them.
11. It would be pertinent to refer here to the order of this Tribunal passed on 18.08.2022 in O.A. No.606/2018: in re: Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues. wherein in a similar matter, following directions have been issued which are as follows:-
"36. We accordingly 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.Page 7 of 12
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 285 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, biomedical waste, construction and demolition waste which are linked with 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 31 above will result in liability to pay compensation as already noted above.
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 Page 8 of 12 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."
12. In pursuance of the above directions, the MPCB/Respondent No.3 had issued order dated 28.07.2021 bearing no. MPCB/RO(HQ)/B-1665, the relevant portion of which as follows:
"In terms of order dated 24/01/2020 in O.A. No. 606/2018,order dated 28/08/2019 in O.A. No. 593/2017 and order dated 06/12/2019 in O.A. No. 673/2018, the Hon‟ble NGT has directed to all the Local Bodies and or the concerned Department of the State Government have to ensure 100% collection, segregation, treatment and disposal of solid waste including legacy waste and liquid waste and in default to pay compensation which is to be recovered by the State with effect from 01/04/2020"
13. The Learned Counsel for the Respondent No.1 has pointed that vide order dated 15.10.2019 of this Tribunal following order was passed with respect to realization of environmental compensation which is as follows:-
" 3(iii) Considering the environmental damage already caused for the last 20 to 30 years, the Amravati Municipal Corporation shall deposit an interim compensation of Rs. 1 Crore with the CPCB. The total environmental compensation shall be assessed by a Joint Committee of the State Pollution Control Board and Central Pollution Control Board."
14. In pursuance to this he has deposited a sum of Rs. 1 crore with CPCB but he has not annexed proof thereof which he will annex on the next date and that in pursuance to this, the joint committee has determined the environmental compensation to be Rs. 47, 23, 45,000/- (Rupees Forty Seven Crore Twenty Three Lakh and Forty Five Thousand only,) the report is at page no. 291 to 295. In pursuance to this report Page 9 of 12 which was accepted by this Tribunal by order dated 22.09.2020, the directions was issued to the following effect which are as follows:-
"3. AMC is directed to see the matter and do the needful. The MPCB has assessed EC of about Rs. 47,23,45,000/-. As per discussion made above, we direct as follows:
(i) MPCB is directed to issue notice to AMC for realization of EC and to proceed to realize it in accordance with law.
(ii) AMC is directed to dispose of all legacy waste and waste generated within a time frame and submit the report before the date of listing.
(iii) The waste generated from COVID-19, containing PPE kit and other COVID-19 hospital biomedical waste which is reported to be transported by Amrawati Municipal Waste Transporter Contractor vehicles, be taken care and may be dealt, collected, transported and dispose of according to rules separately with consultation to Chief Medical Officer, Amrawati and should be disposed of according to Bio medical Waste Management Rules, 2016.
(iv) A show cause notice be issued to the AMC as to why the necessary and preliminary action be not initiated and forwarded against the officials and officers working there and not enable to control and manage the solid waste management according to the rules and why the necessary and preliminary action should not be initiated against them for non-compliance of the rules.
(v) On the next date of listing, Municipal Commissioner, Amrawati will remain present at the time of hearing through Video Conference with future action plan as to how they manage to dispose the legacy waste and waste generated day to day."
15. This order was challenged by Respondent No.1 before the Hon'ble Apex Court in Civil Appeal No(s).4020/2020: Amravati Municipal Corporation Vs. Ganesh Dadarao Anasane & Ors. wherein following order has been passed :-
"Mr. Nikhi Nayyar, learned senior counsel appearing for all the appellant submitted that a compliance report of all directions except the one in para 3(i) shall be filed within a period of two weeks.Page 10 of 12
Issue notice returnable after three weeks.
In the meanwhile, directions for realization on an amount of Rs,. 47, 23,45,000/- is stayed."
16. The above mentioned order of the Hon'ble Supreme Court has been annexed with compliance affidavit dated 09.06.2021 of Respondent No.1.
17. Having cited the said order, it is argued by him that the matter is under monitoring by Hon'ble Supreme Court as well as this Tribunal and that the amount of compensation which has been awarded from the year 2009 to 2019 has already been stayed by the Hon'ble Supreme Court.
18. It is further argued by him that for day to day solid waste from 01.04.2020 to August, 2020 he has deposited Rs. 25 lakhs and for remediation of legacy waste from 01.04.2020 to August, 2020 he has deposited Rs. 25 lakhs with SPCB but he has not annexed any payment receipts and assures the Tribunal that the same would be annexed by the next date positively. Therefore, he has prayed that if any further compensation is required to be levied from the Respondent No. 1 in that amount the amount of Rs. 1 crore should be adjusted.
19. The Learned Counsel for the Respondent No.1 is directed to file a short affidavit giving all the details about depositing of the environmental compensation amount, disclosing name of the authorities and receipts of the payment so that we can pass further order in this matter.
20. The Learned Counsel for the MPCB/R-3 shall also file reply affidavit, if any, to the said affidavit which the Respondent No.1 would Page 11 of 12 be filing and thereafter put up this matter for final order on 07.09.2022.
0.
21. Dinesh Kumar Singh, JM Dr.Vijay Kulkarni, EM August 24,2022 Original Application No. 60/2019(WZ) JG Page 12 of 12