National Green Tribunal
Public Action Committee Through Its ... vs State Of Punjab Through The Chief ... on 7 January, 2025
Item No. 10 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 330/2024
Public Action Committee & Ors. Applicant
Versus
State of Punjab & Ors. Respondent(s)
Date of hearing: 07.01.2025
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Applicant in Person
Respondent: Mr. Sanchar Anand, Advocate for Respondent no. 3 (through VC)
Mr. Sumeet Singh Sikri, Advocate for respondent no. 6 (through VC)
Ms. Richa Kapoor and Ms. Atika Singh, Advocate for PPCB.
ORDER
1. This Original Application (hereinafter referred to as "OA") has been filed by Public Action Committee through its Member Kapil Dev and 8 other individuals complaining about illegal dumping of solid waste at different locations and within municipal limits of Municipal Corporation, Batala, on road sides as well as in surface water drains. Details of sites given in the application, of such illegal garbage dumping/burning, are as under:
" S. No. Particulars Illegal Garbage dump/burning 1 At many location in Kasoor Garbage is being dumped on Nallah (Drain)- near Old Truck routine basis in and along Union Faispur Road, G.T. Road, Nallah (drain) resulting into Sugarpura, Shastri Nagar, Batala contamination of Water Some of GPS Locations are: (Photograph No. 1 to 4) 31.8188, 75.207151 & (ANNEXURE-3) 31.818685, 75.207185 & 31.822701, 75.203825
2 Open Plot No. #4/250 & other Garbage being dumped daily at places in Shastri Nagar, Batala Plot (Photograph No. 5 & 6) (ANNEXURE-4) 1 3 Urban Estate - GPS Location: Garbage being dumped 31.816093, 75.216962 & others along roadside (Photograph No. as mentioned in photographs 7 to 10) (ANNEXURE-5) 4 Cinema Road, Achli Gate, Batala Along Kasoor Nallah GPS 31.816137, 75.200162 5 Garbage littering the roadsides at Photograph No. 11 to 14 various location in Batala (ANNEXURE-6) 6 Burning of Garbage & other Photographs No. 15 (ANNEXURE-
harmful waste in open plot No. 7)
#4/250 & other locations at
Shastri Nagar, Batala
7 Frequent Burning of organic Photographs No. 16 & 17
waste by Saint Francis School (ANNEXURE-8)
8 Frequent incidents of burning of Photograph No. 18 to 21
garbage at various location in (ANNEXURE-9)
Batala (GPS locations mentioned
in Photographs)
9 Primary dump site not disclosed till date by Respondent No. 3 where
Garbage & organic waste is being processed scientifically to prevent issue of legacy waste 10 Beside above locations, the garbage can be seen along roadsides at most of the locations in Batala and Respondent No. 3 is not taking steps as per Solid Waste Management Rules 2016 and has not issued "
any challans against the polluters, thus encouraging them to do so again and again.
2. Applicants have stated that since respondent - Municipal Corporation, Batala is not complying with relevant environmental laws on the subject, i.e., Environment (Protection) Act, 1986 (hereinafter referred to as "EP Act, 1986"), read with Solid Waste Management Rules, 2016 (hereinafter referred to as "SWM Rules, 2016"), by application of Polluter's Pay principle, environmental compensation is leviable and authority should also be directed for prosecution of violators having committed an offence under Section 15 read with Section 17 of EP Act, 1986.
3. Tribunal issued notices on 03.04.2024 to Respondents requiring them to file replies.2
4. Commissioner, Municipal Corporation, Batala has filed its counter affidavit dated 27.05.2024 denying allegations and further stating that despite all the odds and challenges, such as weak economic conditions, lack of mechanical and manual vehicles, and noncooperation of citizens at large, Municipal Corporation is able to achieve door-to-door collection of solid waste from 75% of households within jurisdiction of Municipal Corporation; it has procured 70 Tricycles and 15 Tata Aces, and able to achieve 68% waste segregation at the source of households and its sanitary officials are conducting regular inspections and patrolling of concerned areas to prevent incidents of solid waste burning. Reply also states that sanitary employees of Municipal Corporation regularly went on strikes due to salary issues, caused regularly on account of weak financial position of Municipal Corporation. It has established four Material Recovery Facilitation Centres equipped with 175 compost pits where wet organic waste is processed and converted into organic manure and also earmarked four locations, namely, Khajoori Gate, Bakar Khanna, Said Mubarak and near water supply pump where bioremediation is going on.
5. With regard to location-wise violations, reply by Commissioner, Municipal Corporation, in para 19, reads as under:
"xxx ....................................xxx..............................................xxx
19. That the reply to the averments made in the table illustrated in the petition are as follows:
i. Regarding Locations Along The Kasoor Nallah (Drain):
a. That in reply to the said averment it is the humble submission of the answering respondent herein that the safaikaramchari's employed, both, on regular and contractual basis used to regularly go on strikes due to salary issues, and it is during that period that, the said sites turned into dumping grounds for the local populace living around.
b. It is also humbly submitted that the management of the kasoor nallah drainage has to be managed by the drainage 3 department and therefore the averments regarding the management of drainage merit no reply.
ii. Regarding Open Plot No. #4/250 And Places In Shastri Nagar, Batala a. That in reply to the said averment it is the humble submission of the answering respondent herein that initially in the said area there was no door-to-door collection, however, now the same has started to happen regularly, Furthermore the answering respondent herein had also contacted the owner of the said plot, and had instructed him to get a perimeter wall constructed around the said plot of land.
iii. Regarding Location at Urban Estate a. The area of Urban Estate Batala does not lie under the jurisdiction of the answering respondent herein and the same lies under the jurisdiction of PUDA, and PUDA has kept its own employees for door-to-door collection of solid waste, further on, the said employees started dumping waste along the dumping points mentioned in the above- mentioned drain.
b. Moreover, vide letter bearing no. 188 and dated 18.01.2024 and furthermore vide letter bearing no. 1110- 1111 and dated 02.05.2025, the answering respondent herein had cautioned the concerned authorities to abide by the waste disposal norms.
A copy of the letter bearing no. 188 and dated 18.01.2024 addressed by the answering respondent herein.
A copy of the letter bearing no. 1110-1111 and dated 02.05.2025, addressed by the answering respondent herein iv. Regarding Cinema Road, Achli Gate, Batala a. That in reply to the said averment the reply tendered in sub- para 1 of the current paragraph is reiterated.
v. Regarding Garbage littering the roadside at various locations in Batala a. That in reply to the said averment the reply tendered in sub- para 1 of the current paragraph is reiterated.
vi. Regarding Burning of Garbage and other harmful waste in open plot no. #4/250 and places in Shastri Nagar, Batala a. That in reply to the said averments it is humbly submitted that the Chief Sanitary Inspector and the Sanitary Inspector of the answering respondent herein regularly conduct patrols/ inspections to keep in check the issue of solid waste burning.4
b. Furthermore, the said authorities had also investigated into the said matter by inspecting the CCTV footage of the said area, however, the culprits could not be identified.
vii. Regarding Frequent burning of organic waste by St. Francis School, Batala a. That with regard to the said averment it is the humble submission of the answering respondent herein that, it had issued a warning letter bearing no. 3893 and dated 19.12.2023, and then had again issued another warning letter bearing No. 189 and dated 18.1.2024 to the said school management, asking them to comply with the solid waste management guidelines. A copy of the letter bearing No. 189 and dated 18.1.2024 addressed by the answering respondent herein to the St. Francis School, Batala.
viii. Regarding Frequent incidents of burning of garbage at various locations around Batala a. That in reply to the said averments the reply tendered in sub para 6 of the current paragraph is reiterated for the sake brevity.
ix. Regarding Primary Dump Site not disclosed till date by the Respondent No. 3 herein where garbage and organic waste is being processed scientifically to prevent issue of legacy waste.
a. That in regard to the said averment it is the humble submission of the answering respondent herein that the dry and wet waste generated out of the 50 wards is taken to the 4 Materials Recovery Facility Centres (MRF) in Bhandari Mohalla-1, Bhandari Mohalla-2, where the waste is scientifically processed.
b. That the said corporation has established 4 Materials Recovery Facility Centres (MRF) in Bhandari Mohalla-1, Bhandari Mohalla-2.
c. Moreover, 175 compost pits were created to turn wet waste into organic manure.
x. Regarding Garbage along roadside a. That in reply to the said para it is submitted that the averments made at the given serial no. are entirely false and vehemently denied. Safaikaramchari's of the answering respondent herein regularly collect waste from the locations at Gurdaspur Road, Jalandhar Road, Amritsar Road, Dera Baba Nanak Road, and Qadian Road."
6. Punjab State Pollution Control Board (hereinafter referred to as "PSPCB") has also submitted its status report through Environmental 5 Engineer, vide e-mail dated 28.05.2024. Report states that Board's representative inspected areas complained by Applicants on 02.05.2024 and found following facts/status with regard to garbage dumping etc.:
" S. Particulars Illegal Garbage Comments of the Board No. dump/burning with action taken 1 At many location in Kasoor Garbage is being dumped Garbage was found Nallah (Drain)- near Old Truck on routine basis in and dumped in and outside Union Faispur Road, G.T. Road, along Nallah (drain) the Nallah / Drain. The Sugarpura, Shastri Nagar, Batala resulting into contamination Board has issued notice Some of GPS Locations are: of Water (Photograph No. 1 to Executive Engineer, 31.8188, 75.207151 & to 4) Drainage Water 31.818685, 75.207185 & (ANNEXURE-3) Resources, Division, 31.822701, 75.203825 Gurdaspur vide letter no.
1622 dated 13.05.2024 for violation. of the Water (Prevention and Control of Pollution) Act, 1974 and the Solid Waste Management Rules, 2016 with an opportunity of hearing before the Senior Environmental Engineer, Zonal Office, Amritsar. A copy of letter no. 1622 dated 13.05.2024 is enclosed as Annexure-
R-4/A. 2 Open Plot No. #4/250 & other Garbage being dumped Garbage was found places in Shastri Nagar, Batala daily at Plot (Photograph dumped in the plot. On No. 5 & 6) (ANNEXURE-4) enquiry made by the officer, it came to the fore that residential colony of Shastri Nagar falls under the purview of Improvement Trust, Batala. Accordingly, the Board has issued notice vide letter по. 1623 dated 13.05.2024 to the Executive Officer, Improvement Trust, Batala for violation of the Solid Waste Management Rules, 2016 with an opportunity of hearing before the Senior Environmental Engineer, Zonal Office, Amritsar. A copy of letter no. 1623 dated 13.05.2024 is enclosed as Annexure-
R-4/A. 6 3 Urban Estate - GPS Location: Garbage being dumped Garbage was found 31.816093, 75.216962 & others along roadside (Photograph dumped in the plot. The as mentioned in photographs No. 7 to 10) (ANNEXURE-5) Urban Estate area falls under the purview of Punjab Urban Planning and Development Authority, Batala.
Accordingly, the Board has issued notice vide letter no. 1621 dated 13.05.2024 to the Punjab Urban Planning and Development. Authority, Batala / Amritsar for violation of the Solid Waste Management Rules, 2016 with an opportunity of hearing.
before the Senior Environmental Engineer, Zonal Office, Amritsar. A copy of letter no. 1621 dated 13.05.2024 is enclosed as Annexure-
R-4/A. 4 Cinema Road, Achli Gate, Batala Along Kasoor Nallah Garbage was found GPS 31.816137, 75.200162 dumped in and outside the Nallah Drain. The Board has issued notice to Executive Engineer, Drainage Water Resources, Division, Gurdaspur vide letter no.
1622 dated 13.05.2024 for violation of the Water (Prevention and Control of Pollution) Act, 1974 and the Solid Waste Management Rules, 2016 with an opportunity of hearing before the Senior Environmental Engineer, Zonal Office, Amritsar. A copy of letter no. 1622 dated 13.05.2024 has already been placed at Annexure-R-4/A. 5 Garbage littering the roadsides at Photograph No. 11 to 14 Notice has been issued various location in Batala (ANNEXURE-6) to Commissioner, Municipal Corporation, Batala vide letter no.
1620 dated 13.05.2024 for violation of the provisions of Solid Waste Management. Rules, 2016 with an opportunity of hearing before the Senior Environmental Engineer, Zonal Office, Amritsar. A copy of letter no. 1620 dated 13.05.2024 has already been placed at Annexure-R-4/A. 7 6 Burning of Garbage & other Photographs No. 15 Garbage was found harmful waste in open plot No. (ANNEXURE-7) dumped in the plot. On #4/250 & other locations at enquiry made by the Shastri Nagar, Batala officer, it came to the fore that residential colony of Shastri Nagar falls under the purview of Improvement Trust, Batala. Accordingly, the Board has issued notice vide letter nо. 1623 dated 13.05.2024 to the Executive Officer, Improvement Trust, Batala for violation of the Solid Waste Management Rules, 2016 with an opportunity of hearing before the Senior Environmental Engineer, Zonal Office, Amritsar. A copy of letter no. 1623 dated 13.05.2024 has already been placed at Annexure-R-4/A. 7 Frequent Burning of organic Photographs No. 16 & 17 Penalty of Rs. 5000/-
waste by Saint Francis School (ANNEXURE-8) has been recommended to the authority and after approval penalty will be levied. Apart from penalty, notice for violation of the provision of Solid Management Waste Rules, 2016 has been issued to the School Authorities vide letter no.
1646 dated 20.05.2024 with an opportunity of hearing before the Senior Environmental Engineer, Zonal Office, Amritsar. A copy of letter no. 1646 dated 20.05.2024 is enclosed. as Annexure-
R-4/B. 8 Frequent incidents of burning of Photograph No. 18 to 21 Notice has been issued garbage at various location in (ANNEXURE-9) to Commissioner, Batala (GPS locations mentioned Municipal Corporation, in Photographs) Batala vide letter no.
1620 dated 13.05.2024
for violation of the
provisions of Solid Waste
Management Rules,
2016 with an
opportunity of hearing
before the Senior
Environmental Engineer,
Zonal Office, Amritsar. A
copy of letter no. 1620
dated 13.05.2024 has
already been placed at
Annexure- R-4/A.
8
9 Primary dump site not disclosed till date by Respondent No. Material Recovery
3 where Garbage & organic waste is being processed Facility (MRF) and
scientifically to prevent issue of legacy waste compost pits have been
installed by Municipal
Corporation, Batala
which are located within
the city. The MRF and
compost pits have been
installed in accordance
with the provisions of
Solid Waste Management
Rules, 2016.
10 Beside above locations, the garbage can be seen along Notice has been issued
roadsides at most of the locations in Batala and Respondent to Commissioner,
No. 3 is not taking steps as per Solid Waste Management Municipal Corporation,
Rules 2016 and has not issued any challans against the Batala vide letter no.
polluters, thus encouraging them to do so again and again. 1620 dated 13.05.2024
for violation of the
provisions of Solid Waste
Management Rules,
2016 with an
opportunity of hearing
before the Senior
Environmental Engineer,
Zonal Office, Amritsar. A
copy of letter no. 1620
dated 13.05.2024 has
already been placed at
Annexure- R-4/A.
"
7. The officials of Board found massive violations of SWM Rules, 2016 on the part of municipal authorities, hence, a show cause notice dated 14.05.2024 was issued granting an opportunity of hearing and after hearing representative of Municipal Corporation, following decision was taken by Senior Environmental Engineer of PSPCB:
"5. xxx ..........................xxx...............................................xxx a. The Municipal Corporation, Batala shall segregate waste in hygienic manner and maintain all compost pits.
b. The MC shall provide thick & dense green belt of broad leaves plant around the dump site.
c. The Environmental Engineer Regional Office shall verify the contentions made by the M.C. Batala as above.
8. Further notice was issued on 13.05.2024 and, thereafter, following decision was taken by PSPCB:
"i. The Municipal Corporation, Batala shall obtain authorization under provisions of Solid Waste Management Rules, 2016 alongwith required documents through online system.9
ii. The E.O, Improvement Trust, Batala and Drainage cum District Mining Officer shall comply with the Solid Waste Management Rules, 2016 as solid waste dumped in and outside Nallah as well as the open plots in different localities of the city.
iii. The M.C Batala shall comply with the decision of hearing given on 03.04.2024 before Senior Environmental Engineer."
9. For burning of municipal solid waste, penalty of Rs. 5,000/- was imposed by PSPCB on Saint Francis School, Jalandhar Road, Batala after giving opportunity of hearing to it.
10. For violation of SWM Rules, 2016 read with EP Act, 1986 for the period of 01.07.2020 to 31.03.2021, environmental compensation of Rs. 18 lakhs has been imposed upon Municipal Corporation, Batala and a further amount of Rs. 11 lakhs has been imposed for the period of 01.04.2021 to 28.02.2022. Against aforesaid amount of Rs. 29 lakhs, Rs. 13 lakhs has been deposited by Municipal Corporation and rest amount is yet to be recovered.
11. It is further said that for further period of 01.03.2022 to 30.09.2023, environmental compensation of Rs. 19 lakhs was imposed and for subsequent period of 01.10.2023 to 31.03.2024, Rs. 6 lakhs has been imposed.
12. Except deposit of Rs. 13 lakhs, rest amount has not been deposited by Municipal Corporation.
13. An additional affidavit dated 22.07.2024 has been filed by Municipal Corporation, Batala stating that garbage dump at certain locations, namely, Kasoor Nallah (drain); near Old Truck Union Faizpur Road; G.T Road; Sugarpura; and Shastri Nagar have been cleared off and issues have been resolved. With regard to Urban State, Batala, it is said that it does not fall within the jurisdiction of Municipal Corporation, 10 Batala, but falls within the jurisdiction of Punjab Urban Development Authority (hereinafter referred to as "PUDA"). Further, for locations at Jalandhar Road, Smadh Road, and Chander Nagar, it is said that waste lying thereat has been cleared off and at other places steps have been taken for clearing.
14. Objecting to this stand taken by Municipal Corporation, Applicant has filed objections dated 12.09.2024 placing on record certain photographs showing that pathetic condition of dumping of garbage at different locations is still continuing and the Corporation is continuously violating the matter of management, handling and disposal of solid waste and is not complying with the provisions of SWM Rules, 2016.
15. PSPCB has also filed a recent status report vide e-mail dated 04.01.2025 stating that further a sum of Rs. 6 lakhs has been imposed as environmental compensation for violation for period of 01.04.2024 to 30.06.2024.
16. It is said that except payment of Rs. 13 lakhs at initial stage, no further amount has been paid and a total amount of Rs. 47 lakhs is recoverable from Municipal Corporation, Batala. Learned Counsel appearing for PSPCB also stated that violations are still continuing and there is no satisfactory compliance on the part of Municipal Corporation.
17. On these facts and circumstances, we find that conduct of Municipal Corporation, Batala is highly deprecable and shows an adamant attitude and continuous violation of statutory provisions with regard to management, handling and disposal of solid waste. They are continuously non-complying with the provisions of SWM Rules, 2016 read with EP Act, 1986. This continuous contravention attracts 11 provisions of Section 15 of EP Act, 1986 as amended vide Jan Vishwas (Amendment of Provisions) Act, 2023 which has been made applicable from 01.04.2024 and reads as under:
"15. Penalty for contravention of provisions of Act, rules, orders and direction.-
(1) Where any person contravenes or does not comply with any of the provisions of this Act or the rules made or orders or directions issued thereunder for which no penalty is provided, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to fifteen lakh rupees.
(2) Where any person continues contravention under sub-
section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues."
18. We are informed that rules for implementation of provisions for levy of penalty under Section 15 have also been finalized and published and adjudicating officer has been appointed.
19. PSPCB is competent to make complaint and initiate action for imposition of penalty under Section 15 before adjudicating authority.
20. In these circumstances, we find it appropriate to dispose of this OA by issuing following directions:
(1). Immediate steps shall be taken by Deputy Commissioner, Batala for recovery of environmental compensation which remains unpaid by Municipal Corporation, Batala, by taking such steps as are permissible in law. After recovery, the same shall be forwarded to PSPCB for further action.
(2). PSPCB shall immediately take action against responsible authorities of Municipal Corporation of Batala, including Municipal Corporation, Batala for imposition of penalty under 12 Section 15 of EP Act, 1986 by initiating proceedings before Adjudicating Authority in accordance with law and submit a compliance report before Tribunal.
(3). Environmental compensation realized by PSPCB shall be utilized for remediation/rejuvenation of damage caused to environment in accordance with remediation plan which shall be prepared by a joint Committee comprising PSPCB, Central Pollution Control Board (hereinafter referred to as "CPCB") and Deputy Commissioner, Batala, wherein PSPCB shall be nodal authority. The said plan shall be prepared within two months and amount recovered towards environmental compensation shall be utilized for remediation purposes in accordance with above plan within next three months.
(4). Compliance reports in respect of directions (1) and (2) shall be submitted by PSPCB and Deputy Commissioner, Batala by 15.03.2025 and with regard to direction no. (3), PSPCB shall submit compliance report by 30.06.2025 before Tribunal.
21. The OA is accordingly disposed of.
Sudhir Agarwal, JM Dr. A. Senthil Vel, EM Dr. Afroz Ahmad, EM January 07, 2025 Original Application No. 330/2024 dv 13