National Green Tribunal
Rajkumar Sunderdas Kukreja vs Ulhasnagar Municipal Corporation on 15 September, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
*********
Original Application No. 40/2019(WZ)
(I.A. No. 105/2022)WZ)
IN THE MATTER OF:
1. Mr. Rajkumar Sunderdas Kukreja,
Age: 50 Yrs,
Occ : Business
R/at Barrack No 2038, Room No.3,
Section 36, Ulhasnagar, District Thane (pin 421 005)
2. Mr. Rajesh Govindram Changlani,
Age : 44 Yrs,
Occ : Business
R/at Barrack No. 2073, Room No.1,
Section 35, Ulhasnagar, District Thane (pin 421 005)
.....Applicant(s)
Versus
1. Ulhasnagar Municipal Corporation,
Ulhasnagar, District Thane,
Through: its Commissioner/Dy. Commissioner,
Headquarter, Near Chopda Court,
Ulhasnagar -- 421 003 (District Thane)
2. The Maharashtra Pollution Control Board,
Through : Sub-Divisional Officer, MPCB,
Siddhivinayak Sankul, 3rd and 4th floor,
Near Oak Baugh, Station Road,
Kalyan (W) -- 421 301 (Dist. -- Thane)
3. The Urban Development Department
Through its Secretary
Government of Maharashtra,
Mantralaya Mumbai -400 032
4. The District Collector,
Collector Office, Court Naka,
Thane (West), Maharashtra 400601.
.....Respondent(s)
1
Counsel for the Applicant(s)
None Present
Counsel for the Respondent(s):
Ms. Pooja Deshpande, Advocate for R-1
Ms. Mansi Joshi, Advocate for R 2,
PRESENT:
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Orders Reserved on: 23.08.2022
Pronounced on: 15.09.2022
JUDGMENT
1. The present Original Application has been filed by the Applicants under Sections 14 & 15 & 20 of the National Green Tribunal Act, 2010 against the illegally/unauthorized dumping of municipal solid waste by the Respondent No.1- Ulhasnagar Municipal Corporation at Mahatma Phule Nagar, Old Khadi Machine, Gaikwad Pada, Ulhasnagar and blatantly violating the provisions of the Solid Waste Management Rules, 2016 and without obtaining any authorization from Respondent No.2/Maharashtra Pollution Control Board (MPCB).
2. This dumping has been started since last two-three years in very unscientific manner which has resulted in incidents of catching fire at the said dumping of garbage which further created pollution through toxic air entering the houses of the nearby residents which resulted in their becoming sick, suffering from various kinds of ailments such as asthma, skin problems, T.B. etc.
3. The Respondent No.1- Ulhasnagar Municipal Corporation is not following due process of law in collecting and treating the garbage and solid waste.
4. The Applicants have gathered information through Right to Information Act, 2005 (RTI) in respect of the violations by Respondent No.1. One such information dated 26.05.2017 issued by Respondent 2 No.2/MPCB to Respondent No.1/Ulhasnagar Municipal Corporation , shows that at the site in question fire was taking place from time to time due to illegal dumping due to which MPCB had set up a committee which visited the site in question on 17.11.2016 and made several observations to resolve the air pollution by sugge sting short-term and long-term measures but these measures have been ignored by the Respondent No.1. One of the measures suggested was that a budgetary provision of 25% out of total budget of the Corporation should be set apart for running projects like bio-methanizatioin, composting, RDF etc. to address the issue of disposal of solid waste.
5. The RTI information also revealed that MPCB had issued letter dated 24.11.2016 issuing directions to Commissioner, Ulhasnagar Municipal Corporation-Respondent No.1 under Section 33A of the Water (Prevention & Control of Pollution) Act, 1974 and under Secti on of the 31A of the Air (Prevention & Control of Pollution) Act, 1981 with Municipal Solid Waste (Management & Handling) Rules, 2000 which shows that the Respondent No.1 did nothing for garbage management. The directions which were contained in the said letter dated 24.11.2016 have been quoted in paragraph nos. 15 and 16 of the paper book. By the said letter dated 24.11.2016, the Respondent No.1 was also directed to submit a compliance report about the said directions. The said directions which also contained a warning that in case they were not followed, the MPCB would be left with no other option but to file prosecution against the Respondent No.1, but if went unheeded as no actual action was taken by the MPCB.
6. It is further submitted that the garbage dumping was polluting groundwater, consequently killing the greenery of the area. It also came to the knowledge of the Applicants that the Respondent No.1 was spending amounts unwittingly to meet the challenge of garbage 3 processing on ad-hoc basis which was nothing but wastage of the funds.
7. One of the orders in the form of letter dated 04.08.2018 issued by Respondent No.1 indicates that corpse of dogs, cows, pigs etc. were illegally dumped on the said ground and it was stated therein that in future they will be taken care of through incineration of dead bodies of animals.
8. It is further mentioned that at some distance from the dumping ground there is a water tank being used for supply of drinking water which was also getting contaminated because of the unscientific dumping of waste.
9. It is further mentioned that it was apparent that Respondent No.1/ Ulhasnagar Municipal Corporation and Respondent No.2/MPCB were unable to cope up with the growing magnitude of the problem due to absence of scientific approach in dealing with the solid waste. Hence, it is prayed that directions may be issued to Respondents to stop dumping of municipal solid waste/garbage at Mahatma Phule Nagar, near Gaikwad Pada, Old Khadi Machine, Ulhasnagar and that Respondents be further directed to shift the said unauthorized garbage dumping to some other suitable place in accordance with the norms provided in Solid Waste Management Rules, 2016 .
10. This Application was heard by this Tribunal on 06.08.2019 for the first time whereby the notices were issued to the Respondents and a joint committee was constituted comprising Respondent No.1/ Ulhasnagar Municipal Corporation and Respondent No.2/Maharashtra Pollution Control Board (MPCB) directing to conduct joint inspection of the area/site and verify the factual aspects contained in the complaint and submit its report.
4
11. The joint committee submitted its report which was considered by the Tribunal in its order dated 24.09.2019. The said report is quoted in the said order which is as follows:-
"1) Presently Ulhasnagar Municipal Corporation is generating municipal solid waste around 360MT/day. Out of which 6 MT/day of wet garbage is sent to 3 vermicomposting plants installed by the Ulhasnagar Municipal Corporation.
2) Rest of all the municipal solid waste is collected in compactor and dumped into the aforesaid area.
3) Ulhasnagar Municipal Corporation has not obtained authorization under the Solid Waste Management Rules, 2016 from the MPCB.
4) Ulhasnagar Municipal Corporation has appointed rag pickets (42 nos) at dumping site for separation of metals, glasses, plastic materials from the municipal solid waste. At the time of visit, rag pickets were noticed at the site and were carrying out their duties.
Otherwise no segregation of municipal solid waste is carried out at dumping site.
5) UMC staff was spraying Bio-culture on the municipal solid waste for degradation of garbage. The Bio-Sanitizer is spread on municipal solid waste to control smell nuisance/odour. Record of the same is maintained in register.
6)During the visit, no smoke was observed at the MSW site.
7) Leachate of MSW or no MSW was observed nearby the water tank.
8) There is a road between dumping site and overhead water tank. The Ulhasnagar Municipal Corporation has maintained daily Ward-wise record of the MSW collection, transportation and disposal. The same is uploaded on MPCB web-portal daily. During the joint visit, the representative of the Ulhasnagar Municipal Corporation informed that from 1996 to 2016, the municipal solid waste was dumped near Rana Trading Co., Mharal Gaon, Ulhasnagar-1. Thereafter it is dumped at the present dumping site i.e. Old Khadi Machine, Gaikwad Pada, Ulhasnagar-
5. It was further reported that UMC does not have its own land to set up MSW processing plant and they are taking vigorous follow up with the Government of Maharashtra for getting land to set up MSW processing plant. Till date no land is allocated to them by the Government of Maharashtra.".
12. In this very order, the Tribunal had issued directions to the District Collector, Thane (West), Maharashtra, to identify a suitable land of adequate size to be allotted to Respondent No.1/Ulhasnagar Municipal Corporation for 5 setting up the integrated MSW facility at the earliest but not later than two months from date of order.
13. Thereafter, several orders have been passed by the Tribunal out of which an order dated17.06.2020 in which the Chief Secretary of the State was directed to see the matter personally and ensure that the land be made available immediately within one month to the Respondent No.1 for running the facility of the waste management and that compliance be done of the directions issued in Original Application No. 606/2018. Non-compliance of the order will result punitive action.
14. The stand of Respondent No.1/ Ulhasnagar Municipal Corporation as per affidavit dated 21.11.2019 is as follows:-
(i) Under Rule 12 (a) of the Solid Waste Management Rules, 2016, it is the responsibility- of Respondent No.4/ Collector to facilitate identification and allocation of suitable land as per clause (f) of rules 11 for setting up solid waste processing and disposal facilities to local authorities in the concerned district in close coordination with Respondent No.3/Urban Development Department within one year"
from the date of notification of these rules.
(ii) The Respondent No.1/Corporation does not have continues piece of land larger than 5 acres which can be used as dumping ground, although, it is perusing Respondent No.4 since year 2012 for getting suitable land for the said purpose.
(iii) Following efforts were made for getting the land allotted:-
―(I) As per the order of the Respondent No.4 (District Collector, Thane) dated 21.08.2004 bearing No. Mahasul/Kaksh-1/Te7/LBP/CR-117 25 hectares of the Survey Nos.44/1, 45, 53/2, 55/1 and 57 in Taluka Kalyan admeasuring 47.57 hectare was allotted to Respondent No.1, which order was later cancelled.
(II) Due to cancellation of the above-mentioned land, Respondent No.1 since then had used an unused 6 Quarry near Rana Trading Co. situated at Mharal, Ulhasnagar-1 for dumping the waste. However, the same was almost full by 2012. By letter dated 8.10.2012 the Respondent No.1 informed Respondent No.4 that Respondent No.1has identified the Survey No.40 to 58 situated at Kamba, Tq. Kalyan and requested them to allot the same and in case of inability to allot it to allot any other land situated near the municipal limits of the Respondent No.1 Corporation.
(III) I further submit that, since Respondent No.4 did not allot either, Survey Nos.44/1, 45, 53/2, 55/1 and 57 in Taluka Kalyan, or Survey No.40 to 58 situated at Kamba, Tq. Kalyan, the Respondent No.1 by its letter dated 8.03.2013 bearing No. UMaPa/AaVi/416/13 UMC requested allotment of any of the following groups of land:
Sr. Location Area
No.
1. Kohoj, Khutvali, Tq. Ambarnath Survey 12.34 hectare
No.21 and 22 (Forest Department Land
Stone Quarry.
2. At Jambhivali, Tq. Ambarnath Survey No. 4.51,5.99,4.51,4.42
24/3, 12/1 21/3 24/3 (Government hectares respectively
Barren Land)
3. At Pale, Tq. Ambarnath Survey No. 120 11.53 and 6.68
(Forest Department Land and Survey No. Hectare respectively.
121.
(IV) Thus, Respondent No.1 again by letter dated
29.04.2013 requested Respondent No.4 to allot the land at Kamba, Tq. Kalyan. In a subsequent meeting conducted with the Respondent No.3, he informed to the Respondent No.1 that the said land at Kamba was allotted to MMRDA and hence cannot be allotted to Respondent No.1.
(V) Due to the inaction of Respondent No.4, the Respondent No.1 had to write to the Respondent No.4 again by letter dated 27.06.2013 bearing No. No.UMaPa/AaVi/Upa- Aa/81/13 requested the Respondent No.4 to allot a land for use as Suitable land for scientific disposal of Municipal Waste thereby informing that, a proposal to join the Mumbai Metropolitan Regional Development Authority 7 common Land for scientific disposal of Municipal Waste was placed before the General Body of the Respondent No.1 Corporation, however the General Body has resolved not to join the MMRDA dumping ground; that instead it was resolved to acquire land at MIDC Ambernath to setup a Waste Disposal plant on BOT basis; that since there is no land fill site available in or near the municipal limits of Respondent No.1 Corporation, the Respondent No.1 Corporation will face severe problem of waste disposal; that by letter dated 23.05.2013 and 20.06.2013 the Respondent NO.1 has applied to the Respondent No.2 for dumping ground authorization for the site near Rana Trading.
(VI). I further state that, till 2017 Respondent No.4, did not respond to the requests of Respondent No.1 Corporation, and on the other hand the Respondent No.2 informed the Respondent No.1 of its intention to prosecute the officers of Respondent No. 1. Therefore, by letter dated 3.08.2017, the Respondent No.1 requested Respondent No.3 to direct the Respondent No.2 to not to proceed against the officers of Respondent No.2 and to direct the Respondent No.4 to allot land for Scientific disposal of Municipal Waste for reasons that even after pursuing the Respondent no. 3 and Respondent No.4 for so long, the Respondent No.4 has failed to allot any land to the Respondent No.1 Corporation.
(VII) I further submit that, since Respondent no.1 was stopped by residents form dumping near Rana Trading, Respondent no.1 has from 3.10.2016 started dumping waste at the unused quarry at Gaikwad Pada, Ulhasnagar; that UMC has placed a proposal before the General Body for conversion of use of the said land for use of dumping ground; that UMC has no option but to dump the waste at the site at Gaikwad Pada, however UMC is facing severe opposition from people regarding the same.
(VIII) To assess the suitability for Land officers of Respondent No.1 visited Survey No.50 and 62 situated at Usatane, 8 Tq. Ambernath on 2.08.2017 and found that the said land is apt for setting up of integrated MSW plant. (IX) The Respondent No.1 Municipal Corporation by letter dated 07.08.2017 bearing No. UMaPa/AaVi/UPa.Aa/118/17 UMC requested Respondent No.4 to allot land for setting up of integrated MSW Plant, since for want of a proper land fill location Respondent No.1 has been unable to setup a waste management unit. In the letter it was informed to the Respondent No.4 that since land was not being allotted by the Respondent No.4, the Respondent No.1 Corporation published public appeal in the newspaper on 09.06.2015 and 27.08.2015. Thereafter, Respondent No.1 Corporation received an offer to acquire a private land in Village Kelani, Tq. Kalyan, however the local Grampanchayat refused to grant NOC for the same; that illegal occupants of the unused quarry near Rana Trading which was being used as dumping ground have protested and have prohibited the Respondent No.1 Corporation from dumping waste at that site; Respondent no.1 Corporation has from 3.10.2016 started dumping waste at the unused quarry at Gaikwad Pada, Ulhasnagar; that Corporation has placed a proposal before the General Body for conversion of use of the said land for use of dumping ground; that Corporation has no option but to dump the waste at the site at Gaikwad Pada, however Corporation is facing severe opposition from people regarding the same.
( X ) Following the visit to the Survey No.50 and 62 at Usatane, Tq. Ambernath, Respondent No.1 learnt that advance possession of the said land is given to MMRDA for common dumping ground.
(XI) Following up with the visit dated 2.08.2017 and the letter dated 7.08.2017 to the Respondent No.4, Respondent no.1 Corporation submitted a proposal to the Tahsildar, Ambarnath for allotment of land situated at Survey No.50 and 62 at Usatane, Tq. Ambarnath by letter dated 8.08.2017.
9 (XII) BY letter dated 19.08.2017, Respondent No.1 Corporation informed to Respondent No.4 about the aptness of the Survey No. 50 and 62 at Usatane, Tq. Ambarnath for setting up integrated MSW Plant and requested for allotment of 30 acres of the land out of those survey numbers for the purpose of Municipal Solid Waste disposal.
(XIII) Following up with the letter to the Respondent No.3 dated 19.08,2017, Respondent No.1 Corporation by letter dated 13.12.2017 requested the Chief Secretary of the Urban Development Department (2) for allotment of 30 acres of land out of the Survey No.50/1 and 62 at Usatane, Tq. Ambernath to UMC of which land advance possession was given to MMRDA."
(iv) Therefore, it is submitted that despite the Respondent No.1 having made consistent efforts to obtain land for setting up integrated MSW plant, it has failed to obtain the same.
(v) As regards occurrence of fire at the dumping ground it is said that whenever fire cracker are used at the festival time of Diwali etc. fire occurs which is douse. The Respondent No.1 has installed CCTV cameras and has deployed security guard in order to reduce the said occurrences. Moreover, several other initiatives have also been taken by it, in order to meet this problem. Further, it is submitted that pursuance to the Tribunal's order dated 24.09.2019, the Respondent No.1 made request on 01.10.2019 to Respondent No.4 to allot land situated at survey nos. 50/1 and 62 of Village -Usatne, Taluka Ambernath, District Thane. Thereafter, Respondent No. 4 requested Additional Chief Secretary, Revenue for providing revenue free land at survey nos. 50/1 and 62 of above location to the Respondent No.1 at nominal rate and to pass an order for handing over its possession for setting up of solid waste management plant.
(vi) The Respondent No.1 also made a request to Commissioner, Mumbai Metropolitan Regional Development Authority, Mumbai to grant NOC for allotting 30 acres of land for setting up of the integrated MSW Plant on the above land. 10
(vii) It is submitted that the Respondent No.1 is continuing to make efforts to get the land, though, possession could not be delivered till then.
15. In additional affidavit dated 21.11.2019 filed by Respondent No.1, it is further submitted that it requested Respondent No.4 vide letter dated 06.01.2020, Additional Chief Secretary Revenue and Forest Department and Additional Chief Secretary Urban Development and Principal Secretary, Urban Development Department to handover physical possession of survey nos. 50/1 and 62 mentioned above, at the earliest.
16. Vide affidavit dated 12.10.2020 filed in compliance with the Tribunal's order dated 17.06.2020, it is submitted that Respondent No.1 has received possession of the land i.e. survey nos. 50/1 and 62 admeasuring 11-50.98 Hec. and that now the Corporation can proceed to establish solid waste management plant and comply with the order of the Tribunal.
17. By affidavit dated 14.01.2021, the Respondent No.1 has submitted that it will operationalise the solid waste management plant positively by the end of December, 2022. It has given necessary work order of Scientific Dumpside Land Reclamation through Bio-Mining Resource Recovery and Scientific Rejects Disposal of Ulhasnagar to the concerned contractor who has completed 25 % bio-mining and further action is in process.
18. Vide additional affidavit dated 25.03.2022, it is submitted on behalf of Respondent No.1 that one Gramin Samaj Unnati Mandal Trust & Ors filed Writ Petition (ST) No. 23094 of 2021 challenging the Government Resolution of the Revenue and Forest Department dated 18.09.2020 whereby the Government allotted a land situated at post Usatane, Ambernath, Thane to the Respondent No.1/Ulhasnagar Municipal Corporation. Originally, the Respondent No.1 was not made a party in the said matter as Respondent. The Respondent No.1 has been added as Respondent in the said case by way of amendment dated 09.02.2022 and has received the copy of the writ petition. In that writ petition by order dated 01.03.2022, it has been directed by the Hon'ble High Court that the 11 Respondents shall not to take any coercive steps while observing as follows: "4. In the meantime, since we are not satisfied at this stage that there is a valid explanation, no coercive action is to be taken to acquire physical possession of the lands in question until the next date."
19. The Applicant in reply affidavit dated 07.01.2020 has submitted that Respondent No.1 has been allotted 30 acres of land for dumping solid waste in Usatane, Taluka Ambernath, District Thane, therefore, a very short period be allowed to the Respondent No.1 to stop dumping illegally of municipal solid waste at Mahatma Phule Nagar, Old Khadi Machine, Gaikwad Pada, Ulhasnagar and be directed to use newly allotted site for dumping of the municipal solid waste and a fine of Rs. 40 crore may kindly be imposed upon the Respondent No.1 and of Rs. 10 crore may be imposed on the Maharashtra Pollution Control Board to set an example for other municipal corporations who are not managing solid waste by adopting due process of law.
20. The Respondent No.2/MPCB has filed affidavit dated 22.08.2022 saying therein that the same was being filed in compliance of the Tribunal's order dated 16.08.2022 whereby it was directed to clarify as to what was the basis of calculation of environmental compensation. The stand taken by the Respondent No.2/MPCB in its affidavit is as follows:-
―1. I say and submit that the Hon'ble National Green Tribunal, Principal Bench, New Delhi has passed orders dated 24.01.2020 & 2.7.2020 in Original Application No.606/2018--In the matter of Compliance of Municipal Solid Waste Management Rules, 2016 and other Environmental issues.
2. I say and submit that in terms of order dated 24.01.2020 in O.A. No.606/2018, Order dated 28.08.2019 in O.A. 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 12 & liquid waste and in default to pay compensation which is to be recovered by the State with effect from 01.04.2020.
3. I say and submit that the Hon'ble NGT vide order dated 02/07/2020 directed to impose Environment Compensation on the non-complied Local Bodies towards non-compliant of Solid Waste Management and non-compliance of Legacy as follows:
(i) 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, interim compensation scale is hereby laid down for continued failure after 31.03.2020.
(ii) 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.
(ii) Continued failure of every Local Body on the subject of commencing the work of legacy waste sites remediation01/04/2020 till the compliance will result in liability to pay compensation @ Rs.10 Lakhs per month per local body for population above 10 lakhs, Rs.5 Lakhs per month per local body for population between 5 lakhs to 10 lakhs and Rs.1 Lakh per month per other local body.
(iii) If the Local Bodies are unable to bear financial burden, the liability will be of the State Government 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.
4. I say and submit that on the basis of non-compliance reported by the officials of the Respondent Board at Kalyan, the Respondent Board had issued Notice for Assessment of 13 Environment Compensation vide letter dtd. 07.12.2020 to the Respondent-Corporation as follows:-
Directions issued by Directions issued by Sr. Hon'ble NGT vide Order MPCB vide Letter dated Mode of No. dated 02.07.2020 07.12.2020 Calculation of Environment Compensation The Population i Any such continued Final Environmental of Respondent failure to comply with the Compensation of Rs. 40 Corporation falls Solid Waste Management Lakh towards the non-
between 5 Lakh Rules, 2016 will result in compliance of Solid Waste & 10 Lakhs. As liability of every Local Management Rules, 2016 per Hon'ble NGT Body to pay untreated solid waste to the Order dtd.
compensation at the rate tune of 322 MT/day from 02.07.2020 for of Rs. 10 Lakh per month 01.04.2020 to 30.11.2020.
non-compliance per Local Body for of SWM Rules, population of above 10 2016, the lakhs, Rs. 5 Lakh per Respondent month per Local Body for Board has population between 5 calculated Final lakhs and 10 lakhs and Environment Rs. 1 lakh per month per Compensation other Local Body from from 01.04.2020 01.04.2020 till to 30.11.2020 compliance.
(Total 8 months X Rs. 5 Lakhs =Rs. 40 Lakhs).
Continued failure of The Population
ii. Final Environmental
every Local Body on the of Respondent
Compensation of Rs. 40
subject of Corporation falls
Lakh from 01.04.2020 to
commencing the work of between 5
30.11.2020 towards not
legacy waste sites Lakhs & 10
commencing work of legacy
remediation from Lakhs.
waste sites remediation.
01/04/2020 till the As per Hon'ble
compliance will result in NGT Order
liability to pay dated
compensation @ Rs.10 02.07.2020 for
Lakhs per month not commencing
per Local Per Local the work of
Body for population legacy waste
above 10 lakhs, Rs.5 sites
Lakhs per month per remediation, The
Local Body for population Respondent
between 5 Lakhs & 10 Board has
Lakhs and Rs. 1 Lakh calculated Final
per month per other Local Compensation
14
Body. from 01.04.2020
to 30.11.2020(
Total 8 months
X Rs. 5 Lakhs
=Rs. 40 Lakhs).
Continued failure of Since, the
To pay Rs. 10 Lakh per
every Local Body on the Respondent
month for the non-
subject of Corporation,
iii. compliance of Solid Waste
commencing the work of failed to comply
Management & Legacy
legacy waste sites with the Solid
Waste Management from
remediation and non- Waste
December 2020 onwards till
compliance of Solid Management &
the compliance
Waste Management from Legacy Waste
01.04.2020 till the Management from
compliance will result in December, 2020
liability to pay onwards till the
compensation @ Rs. 10 compliance, the
Lakhs per month per Respondent
local body for population Board has
above 10 Lakhs, Rs. 5 directed to pay
Lakhs per month per Rs. 10 Lakhs per
local body for population month to the
between 5 Lakhs to 10 Respondent
Lakhs and Rs. 1 Lakh Corporation. "
per month per other local
body.
21. Analysis and Findings:-
i) From the Application, it is evident that grievance made in
this case is with respect to dumping of solid waste/ garbage at Mahatma Phule Nagar, Old Khadi Machine, Gaikwad Pada, Ulhasnagar which is said being done illegally.
ii) As per the affidavits cited above filed from the side of Respondent No.1/Project Proponent-Ulhasnagar Municipal Corporation they made herculean effort to get the place allotted for establishing the solid waste management plant for a long time but because of them not finding any place, they had no option but to dump the solid waste at the existing place. By the affidavits, they have also shown 15 repeated efforts and it has been vehemently argued that obligation of providing the space for dumping of solid waste lay upon the District Magistrate and it was the Administration/District Magistrate which failed in providing the said space but now, it has been finally allotted to them and the Corporation will operationalise the solid waste management plant positively by the end of December, 2022.
iii) It is very clear from the statements made in the affidavits of Respondent No.1 that they have been dumping the solid waste illegally since 01.04.2020 till 30.11.2020 and even that dumping is still going on as the new land which has been allotted will take some time in being set-up as a proper solid waste management plant. We find that the Respondent No.2/MPCB has calculated the environmental compensation at the rate of Rs. 5 lakh each per month for eight (8) months i.e. from 01.04.2020 till 30.11.2020 to meet out the challenge of daily waste generation and for remediation of legacy waste, hence, they have proposed levying environmental compensation from the Respondent No.1 of Rs. 80 lakh for the period till 30.11.2020. This rate at which the compensation has been calculated is based on the judgment/order of this Tribunal dated 02.07.2020 passed in Original Application No. 606/2018: Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues. As against this, no counter has been filed from the side of Respondent No.1 and repeatedly it has been urged that there is no fault on the part of the Corporation/Respondent No.1 as they made consistent effort in obtaining the land for setting up the said plant. 16
(iv) We find that even though efforts made by the Respondent No.1 were genuine as per the statements made in the affidavits quoted above but because of there being specific law/rule laid down, we can't give them any exemption from paying the environmental compensation which has been calculated by the Maharashtra Pollution Control Board (MPCB).
(v) Further, we also hold that Respondent No.1 shall continue to deposit the amount for environmental compensation at the rate of Rs. 10 lakh per month for non-compliance in regard to daily waste and legacy waste till the commissioning of the solid waste management plant and its being made fully functional.
(vi) We further direct that a separate account shall be opened by the MPCB wherein the amount of environmental compensation shall be deposited by the Respondent No.1 within a period of two months and the said amount shall be utilized for the purposes of solid waste management in Ulhasnagar and for no other purpose
22. Accordingly, we dispose of this application. Cost easy.
23. I.A. No.105/2022(WZ) also stands disposed of.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM September 15th, 2022 Original Application No. 40/2019(WZ) (I.A. No. 105/2022) 17