National Green Tribunal
Bikramjit Singh Shergill vs State Of Punjab on 26 August, 2022
Item No.01 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.413/2021
Bikramjit Singh Shergill ...Applicant
Versus
State of Punjab ...Respondent
Date of hearing: 26.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondents Mr. Naginder Benipal, Advocate for PMIDC.
Application is registered based on a complaint received by Email.
ORDER
1. Grievance in the application by applicant Bikramjit Singh Shergill is regarding a fire incident on 06.06.2021 at M/S JITF waste plant, Bhatinda, Punjab. It is submitted that the fire erupted from the large quantity of inflammable material lying in the open space at dumpsite which shows that M/S JITF is not processing the city waste as per agreement. Earlier also the fire incidents have been reported from this dumpsite but no action has been taken.
2. Vide order dated 02.02.2022, this Tribunal constituted a Joint Committee comprising of the CPCB, State PCB, Municipal Commissioner-
Bhatinda (Punjab) and the District Magistrate-Bhatinda (Punjab) and directed O. A. No. 413/2021 Bikramjit Singh Shergill Vs State of Punjab -2- the same to submit factual and action taken report within three months. The relevant part of the order reads as under:-
"Having regard to the seriousness of the allegations, it appears necessary to ascertain the factual position in the matter through a Joint Committee of the CPCB, State PCB, Municipal Commissioner-Bhatinda (Punjab) and the District Magistrate-Bhatinda (Punjab). The State PCB will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks and undertake site visit and look into the grievance of the applicant. Factual and action taken report may be furnished within three months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF..."
3. In compliance thereof, Mr. Daljit Singh, Environmental Engineer, Punjab PCB has sent report of the Joint Committee dated 24.08.2022 by email dated 24.08.2022 to this Tribunal. The relevant part of the report reads as under:-
"X X X X X X
3.) In compliance to the order dated 2.2.2022 of the Hon'ble National
Green Tribunal, the matter was deliberated amongst the Joint Committee members in the office of District Magistrate, Bathinda on 12.8.2022 and it was decided the site in question will be visited by the Joint Committee members on 17.8.2022. Accordingly, the dump / legacy waste site was visited by the Joint Committee members on 17.8.2022. The facts relating to the background of the case, action taken by the Punjab Pollution Control Board, observations of the Joint Committee regarding legacy waste site and functioning M/s JITF Urban Waste Management (Bathinda) Ltd. alongwith recommendations of the Joint Committee are summarized in the following paragraphs.
Background of the case:
4) The dumpsite area has been given on lease to M/s JITF Urban Waste Management (Bathinda) Limited; (Concessionaire) by Municipal Corporation, Bathinda on 01.02.2012 to setup an Integrated Municipal Solid Waste Management project. As per the information available with O. A. No. 413/2021 Bikramjit Singh Shergill Vs State of Punjab -3- the Board, this agreement was terminated by M/s JITF Urban Waste Management (Bathinda) Ltd. in December, 2018, but the decision of the management company was challenged by Municipal Corporation, Bathinda by filing a petition u/s 9 of the Arbitration and Conciliation Act, 1986 before the Court of District Judge, Bathinda and the Court of Additional District Judge, Bathinda vide order 15.1.2019 had directed both the parties to continue to perform their respective obligation under the said agreement, till further directions or until arbitral award is published without prejudice day to their rights to make adjustments in accordance of said award. In compliance to the said orders dated 15.1.2019 of Additional District Judge, Bathinda, the facility is continuing with its operation at site. At present, approximately 110 Ton Per Day of solid waste is being processed by M/s JITF Urban Waste Management (Bathinda) Ltd., Bathinda.
Action taken by Punjab Pollution Control Board:
5) The Punjab Pollution Control Board has taken action from time to time against Municipal Corporation, Bathinda for the violation of Solid Waste Management Rules, 2016 and the details are given herein below:
a) A fire was broke-out on 06.06.2021 at the dump site and the same fanned through large quantity of inflammable material lying at dump site. Consequently, the site was visited by the officer of the Board on 07.06.2021 and fire was still observed at various spots. Fire tenders were put into service.
b) The representatives of the facility (JITF) were contacted and they informed that fire broke out is common in the legacy waste. As the work for laying of storm water pipeline was being carried out, hence Fire Brigade could not reach at the site on time. Thus, the fire extended in the larger area.
c) Show-cause notice was issued to the Commissioner, Municipal Corporation, Bathinda as well as operator of the facility M/s JITF Urban Waste Management (Bathinda) Ltd. by the Board with an opportunity of personal hearing before the Chairman of the State Board on 09.09.2021.
d) The personal hearing was attended by Sh. Verinder Singh Luthra, AGM on behalf of M/s JITF, Bathinda but no one on behalf of Municipal Corporation, Bathinda was present in the hearing on 9.9.2021.
e) After deliberations in the hearing, it was decided by the Chairman of the Board as under that:
i. The facility shall give details of measures taken by it to control fire incidents, within one month and shall make all-out efforts that no such incident shall occur in future. ii. The facility shall upgrade Risk Management and Disaster Management plan, within one month.
O. A. No. 413/2021 Bikramjit Singh Shergill Vs State of Punjab -4- iii. The Municipal Corporation, Bathinda shall speed-up the processing of legacy waste and submit progress in this regard to the Board on monthly basis.
f) The matter was also discussed in the second meeting of the District Environment Committee held under the Chairmanship of Deputy Commissioner, Bathinda on 14.03.2022, and it was decided that treated wastewater of STP Bathlnda may be used for fire fighting, as dump site / legacy waste site is adjacent to the STP Bathlnda.
g) The facility/legacy waste dump site was visited by the officer of the Board on 19.04.2022 and observed that Municipal Corporation / facility has failed to provide any measures to control fire incidents at dumpsite, failed to upgrade risk management and disaster management plan. Both the Corporation as well as the facility M/s JITF were afforded an opportunity of personal hearing before the Chairman of the Board on 24.05.2022, wherein the facility vide its letter dated 20.05.2022 submitted that it is continuing to implement the Risk Assessment and Disaster Management Plan at the project site. Upgraded Risk Management and Disaster Plan will be submitted once MC Bathinda lays the pipeline from the STP to dumping site and also installs the sprinklers on the same to prevent any fire.
h) MC, Bathinda vide letter dated 28.06.2022 submitted that budget has been prepared for installation of sufficient number of fire extinguishers and other fire fighting equipments at site for utilization of treated waste by laying PVC pipeline in & around garbage dump site for controlling the fire. The tenders for laying PVC pipeline have been re-invited on 26.06.2022.
i) Environmental compensation amounting to Rs. 24 Lakhs has been imposed upon Municipal Corporation, Bathinda for the period from 1.7.2020 to 28.2.2022 for non-compliance of the provisions of the Solid Waste Management Rules, 2016.
Visit of dump / legacy waste site by the Joint Committee
6). The site of dump / legacy waste was visited by the members of Joint Committee on 17.08.2022 comprising of Sh. Rohtash Kumar, Municipal Engineer (office of Additional Deputy Commissioner, Urban Development) representative of the District Magistrate, Bathinda, Er. Daljit Singh, Environmental Engineer, Punjab PollutiOn Control Board, Regional Office, Bathinda, Sh. Jagdish Prasad Meena, Scientist (D), CPCB RD, Chandigarh, and Sh. Neeraj Garg, Assistant Corporation Engineer, Municipal Corporation, Bathinda. Observations of the committee with regard to dump / legacy waste site, functioning of JITF alongwith recommendations are summarized herein below:
A) Observations of the Committee with regard to the dumping of waste / legacy waste at the site:
O. A. No. 413/2021 Bikramjit Singh Shergill Vs State of Punjab -5-
a) The Municipal Corporation, Bathinda has a dump site / legacy waste site in an area of 12.68 acres of land at Mansa Road, Bathinda, which is adjoined by STP of capacity 52 MLD (SBR technology) and M/s ..11TF Urban Waste Management (Bathinda) Ltd. is processing the municipal solid waste generated from the Bathinda city.
b) The Municipal Corporation, Bathinda has installed 01 number trommel in December, 2020 and processing about 18-20 TPH of legacy waste. During visit, trammel was found in operation.
c) Segregated RDF and the remaining waste was being dumped separately at the dump site.
d) At present, about 2.35 lacs MT of legacy waste is dumped at the site and 30,000 MT of legacy waste has been processed till date.
e) The Municipal Corporation, Bathinda has provided boundary wall all along the dumpsite / legacy waste site.
f) The Municipal Corporation, Bathinda has provided plantation along the boundary wall.
g) The MC, Bathinda has executed an agreement with M/s Indian Pollution Control Association for collection, segregation and channelization of multilayered plastic and plastic material generated during remediation of legacy waste.
h) The Monitoring Committee constituted by Hon'ble NGT in OA No. 360 of 2018 in the matter of Shree Nath Sharma Vs Union of India and others had held a meeting with the members of District Environment Committee on 9.8.2022 in the Committee Room, District Administrative Complex, Bathinda wherein it was decided that MC, Bathinda may remediate 100% legacy waste by 31.12.2024.
i) At present, fresh mixed waste is being dump at dump site by the M.C, Bathinda. No weigh bridge has been provided for measurement of fresh mixed waste being dumped at the legacy waste site.
j) The Municipal Corporation, Bathinda has started the work for laying pipeline along the boundary wall of STP for carrying STP treated water to utilize for fire fighting. The total length of the pipeline is about 350 meters out of which about 100 meters' length pipeline has been laid."
4. Notices alongwith copies of the application and report of the Joint Committee be issued to the M/s JITF Waste Plant, Bhatinda, Punjab and the Commissioner, Municipal Corporation of Bhatinda through E-mail requiring them to file their response/reply to the allegations made in the application and observations/recommendations made in the report of the Joint Committee O. A. No. 413/2021 Bikramjit Singh Shergill Vs State of Punjab -6- within two months at [email protected] in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
5. List for further consideration on 17.11.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 26, 2022 AG