National Green Tribunal
Kantha Vibhag Yuva Koli Samaj ... vs State Of Gujarat on 20 March, 2015
BEFORE THE NATIONAL GREEN TRIBUNAL, WESTERN ZONE
BENCH, PUNE
APPLICATION NO.81/2014 (WZ)
Kantha Vibhag Yuva Koli Samaj Parivartan Trust & Anr Vs State of Gujarat & Ors
CORAM: HON'BLE MR JUSTICE V.R. KINGAONKAR, JUDICIAL MEMBER
HON'BLE DR. AJAY A. DESHPANDE, EXPERT MEMBER
Present: Applicant/ Appellant : Mr. M.Shawaling Siddiqui Adv
Respondent Nos.1,5 : Mr Parth H. Bhatt Adv
Respondent No.3 : Manda Gaikwd Adv
Respondent No.4 : Supriya Dangare Adv
Date and Orders of the Tribunal
Remarks
Item No.10 Heard learned Advocates for the parties.
March 20, 2015
Order No.4 The Applicants are asking for interim measures during pendency
of the Application as contemplated under Section 19 (iv) (i) of the NGT Act, 2010.
According to the Applicants, MSW plant is being operated so badly and callously that a lot of waste is being burnt. With the result, the smoke and other gaseous emissions is causing substantial degradation, pollution in the air. The surrounding air is full of RSPM, and obnoxious gaseous pollutants, which will cause health hazard to the residents. The toxicity of air emission is likely to be more environmentally adverse in the area and would cause degradation beyond limits. Under the circumstances, the Applicants ask for monitoring of MSW dumping on open land burning of the heaps of garbage, vigilance at the place and due inspection by the Authorities in order to control activities of the plant operators.
Having heard learned Advocates for the parties, who have filed the pleadings, we are of the opinion that prima facie there is ring of truth in the averments made by the Applicants, to indicate that MSW plant, is being mismanaged. We state here that joint inspection report of CPCB and GPCB dated 3rd March, 2014, showed that there were significant deficiencies in the MSW process plant. It was observed that the site was having huge heaps of MSW dumped on the open land. These heaps of wastes were in mouldering (burning conditions without fire) and smoke was continuously coming up and spreading over surrounding area, creating suffocating conditions in and around the areas. This fact reported in the joint inspection report, is supported by the photograph No.5, attached to said inspection report. Thus, joint inspection report, prima facie shows that MSW garbage was being dumped at one place and that garbage was just being burnt without Item No.10 treatment. It is aptly said that where there is smoke there is fire. The March 20, 2015 Order No.4 joint inspection team saw smoke emanating from the heap of garbage, which was in smouldering condition. It follows, therefore that garbage was put on fire which resulted into such big quantity of smoke. The natural fall out of such big quantity of smoke is also stated in the report that the smoke was found spreading over and creating suffocating conditions in and around the areas, namely, a small quantity of smoke will not cause suffocation and will be rather spread over and disappear in the air, due to layers upwards, but suffocating condition will appear when the smoke is such thick and it is approximately at the height of human body level and thick one. Considering other observations and particularly, at P-154, in the joint inspection report, we find that this is a case in which interim relief is necessary.
In the circumstances, we deem it proper to grant following Interim Reliefs:
a) The concerned Pollution Control Officer, shall immediately issue directions to the Municipal Corporation and MSW agency to take due care and operate the plant, as per terms of consent, if consent is issued and if it is not issued then to take suitable steps for forfeiture of Bank Guarantee and other provisions under the Environment (Protection) Act, 1986 Air (Prevention and Control of Pollution) Act, 1981, may be permissible;
b) The Commissioner of Municipal Corporation, shall take an appropriate steps against the operator of MSW plant, and if so required, shall prosecute the Director of the plant for causing nuisance to the public or causing health hazard, if any investigation is carried out and evidence is collected in this behalf;
c) The Municipal Commissioner, shall direct the concerned Police authorities to take preventive measures against the persons, who would cause such incident of burning of garbage at the site of MSW, as provided under the Air Act or under the MSW Rules,2000, or under the Indian Penal Code,1860 or the Bombay Police Act,1957 as may be permissible under the Law;
The Chairperson of GPCB, shall ensure that proper system is installed and take care of MSW generated in excess of 400 tonnes and to ensure that additional affidavit by giving factual information about MSW management, including generation of MSW, collection practices i.e. segregation, transport and handling capacity of MSW plant unit-wise Item No.10 and the method of processing, treatment and disposal of waste, the March 20, 2015 Order No.4 update of plant required leachate management system, including disposal, monitoring of plant performance and, also, environmental monitoring done in last two (2) years, as per the provisions of MSW Rules, 2000 provisions, details of visits of the officers action taken against corporation/operator, including directions, if any, complaints received and investigated etc. is submitted.
A copy of this order be immediately served on the concerned authorities by the Advocate of GPCB and Advocate for the Applicant at Surat Municipal Corporation.
S.O. to 27th April, 2015.
....................................................., JM (Justice V. R. Kingaonkar) ...................................................., EM (Dr.Ajay A. Deshpande)