National Green Tribunal
News Item Titled "Jabalpur Kathaunda ... vs Coram: Hon'Ble Mr. Justice Prakash ... on 25 September, 2025
Item No.28 Court No. 1
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 819/2024
In re : News Item titled "Jabalpur Kathaunda plant में कचरा जलने के बाद दरू दरू
तक फै ल रहे धुल के कण" appearing in Bhaskarhindi.com dated 01.07.2024
Date of hearing: 25.09.2025
Uploaded on: 27.10.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondents: Ms. Rukhmini Bobde, Mr. Jatin Dhamija, Mr. Amlaan Kumar & Mr.
Vinayak Aren, Advs. with
Mr. Sanjay Dubey (Through VC), Addl. Chief Secretary,
Mr. Sanket Bhondve (Through VC), Commissioner, Urban,
Ms. Shishir Gemavat (Through VC), Addl. Commissioner, Urban,
Mr. Neelesh Dubey (Through VC), Deputy Director, UADD &
Ms. Babita Markam (Through VC), Assistant Director, UADD, State of
Madhya Pradesh
Ms. Ankita Sharma & Ms. Ishika Neogi, Advs. with
Mr. Ram Prakash Ahirawar (Through VC), Commissioner,
Mr. Kamlesh Shrivastav (Through VC), Superintendent &
Mr. VN Vajpayee (Through VC), Add. Commissioner, Jabalpur Municipal
Corporation
Mr. Amit Singh Chauhan, Ms. Shikha Chauhan & Ms. Kshitij Singh,
Advs. for CPCB
Mr. Raghav Sharma & Mr. Jaskirat Pal Singh, Advs. for MP PCB
ORDER
1. In this Original Application, registered suo moto, Tribunal is examining improper management of Waste to Energy (WTE) plant located at Kathonda, Jabalpur and consequential environmental issues.
2. Tribunal in its order dated 26.9.2024passed in the main connected matter concerning solid and liquid waste management (for the State of Madhya Pradesh) in para 5 and 6 has pointed out deficiencies in solid and sewage management at Jabalpur. The report was sought in the main matter from the Joint Committee constituted on 14.3.2024 which has submitted report on 17.9.2024 with respect to Jabalpur, Rewa, Ratlam, Gwalior and Morena.
13. Tribunal in the order dated 14.7.2025 observed as many as 04 lacunae in functioning of Waste to Energy plant disclosed by MP PCB on 14.9.2024. Accordingly, Tribunal directed Commissioner, Jabalpur Municipal Corporation (JMC) to respond to the lacunae observed.
4. Jabalpur Municipal Corporation (JMC) has filed affidavit dated 20.9.2025 responding to the lacunae pointed out in the order 14.7.2025.
JMC has submitted that, mixed waste is used for incineration, auxiliary fuel is used during rainy season, bottom ash is disposed through landfilling, buffer zone is demarcated, about 294.08 organic waste of 1879 K cal/kg calorific value is fed to incineration plant and legacy waste is estimated to be 4.62 LMT (3.0 LMT at Kathonda and 1.62 LMT at Ranital site). The disclosure made by the JMC in the report is as follows;
"5. It is humbly submitted that in response with the Para 3 (i) of the aforesaid Order dated 14.07.2025 regarding the WTE plant designed for 600 TPD waste intake and 11.5 MW power generation, it is respectfully submitted that the plant operates on mass incineration technology using mixed municipal solid waste (dry and wet) as fuel. During the rainy season the auxiliary fuel is used for plant operations. However, auxiliary fuel is used for plant operations in exceptional circumstances.
6. It is humbly submitted that in response with the Para 3 (i) of the aforesaid Order dated 14.07.2025 regarding the corresponding power generation from the plant operations from April 2024 to June 2025, the details of Fuel Consumption and Gross Electricity Generation data from April 2024 to July 2025 is furnished by way of a tabulated chart. A tabular chart furnishing the details of the Fuel Consumption and Gross Electricity Generation data from April 2024 to July 2025 is marked and annexed herewith as Annexure A/1 on Page No. 13.
7. It is humbly submitted that in response with the Para 3 (i) of the aforesaid Order dated 14.07.2025 regarding the quantity of auxiliary fuel being used, the details of quantity of auxiliary fuel used from April 2024 to June 2025 is furnished by way of a tabulated chart.2
A tabular chart furnishing the details regarding the quantity of auxiliary fuel used from April 2024 to June 2025 is marked and annexed herewith herewith Annexure A/2 on Page No. 14.
It is humbly submitted that in response with the Para 3(ii) of the aforesaid Order dated 14.07.2025 regarding the generation of fly ash and bottom ash, the quantity generated during the period from April 2024 to June 2025 has been furnished by way of tabular chart. A tabular chart furnishing the quantity generated during the period April 2024 to June 2025 is marked and annexed herewith as Annexure B/1 on Page No. 15.
9. It is humbly submitted that in response with the Para 3(ii) of the aforesaid Order dated 14.07.2025 regarding the disposal of bottom ash and utilization of fly ash, relevant details have been requested from the Public Private Partner, namely Jabalpur MSW Private Limited and the same has been received by the Jabalpur MSW Private Limited vide Letter dated 12.08.2025 addressed to the Commissioner, Jabalpur Municipal Corporation.
A copy of Letter dated 12.08.2025 furnishing the details regarding the disposal of bottom ash and utilization of fly ash to the Commissioner, Jabalpur Municipal Corporation is marked and annexed herewith as Annexure B/2 from Page No. 16 to 18.
10. It is humbly submitted that in response with the Para 3(iii) of the aforesaid Order dated 14.07.2025, with respect to the demarcation of the buffer zone and plantation activities undertaken, a map has been furnished illustrating the buffer zone of 500 meters' radius surrounding the Waste-to-Energy (WTE) plant, comprising approximately 194 acres. The said illustration also depicts the extent of green cover within the buffer zone, measuring approximately 28.83 acres, which has been duly highlighted therein. A copy of map illustrating the buffer zone of 500 m radius surrounding the WTE plant comprising approximately 194 acres along with the extent of green cover within the buffer zone measuring approximately 28.83 acres is marked and annexed herewith as Annexure C/1 on Page No. 19.
11. It is humbly submitted that in response with the Para 3(iii) of the aforesaid Order dated 14.07.2025 for the purposes of environmental monitoring and compliance, a the communication vide Letter dated 04.08.2025 has been issued by Jabalpur Municipal Corporation to the 3 RY man Regional Officer, Madhya Pradesh Pollution Control Board (RO, MPPCB), Jabalpur, requesting the establishment of a manual air qualitymonitoring station in close proximity to the WTE plant situated at Kathonda, Jabalpur for ensuring transparency, regulatory compliance, and effective monitoring of ambient air quality in the vicinity of the plant. A Copy of the Letter dated 04.08.2025 issued by the Jabalpur Municipal Corporation to Regional Officer, Madhya Pradesh Pollution Control Board, Jabalpur is marked and annexed herewith as Annexure C/2 on Page No. 20.
12. It is humbly submitted that in response with the Para 3(iii) of the aforesaid Order dated 14.07.2025 with respect to the plantation activities, a formal communication vide Letter dated 04.08.2025 has been received from the Jabalpur MSW Private Limited providing the intimation regarding the plantation activities in demarcated buffer zone around the Waste to Energy plant premises.A True Copy of the Letter dated 04.08.2025 issued by the Jabalpur MSW Pvt. Ltd to the Commissioner, Jabalpur Municipal Corporation is marked and annexed herewith as Annexure C/3 on Page No. 21.
13. In addition, it is humbly submitted that as certified by the Garden Department, Municipal Corporation, Jabalpur, a total of 35,000 seeds have been sown in the designated buffer zone for the Waste-to-Energy OTA(WTE) Plant at Kathonda, Jabalpur, during the period from 08.08.2024 Out of the above, a total of 22,000 saplings belonging to various species have been successfully prepared. A True Copy of the Certificate dated 04.08.2025 issued by the Garden Department, Municipal Corporation Jabalpur is marked and Annexed herewith as Annexure C/4 on Page No. 22.
A True Copy of the stack emissions report received from the Jabalpur MSW Private Limited from 05/08/2024 to 11/09/2025 is marked and annexed herewith as Annexure D from Page No. 23 to 37.
15. It is humbly submitted that the WTE plant is being regularly monitored under the supervision of the Madhya Pradesh Pollution Control Board (MPPCB).
A True Copy of the MPPCB Air Quality Monitoring Report is marked and annexed herewith as Annexure E on Page No.38.
16. It is humbly submitted that in response with the Para 4 of the aforesaid Order dated 14.07.2025 regarding the waste segregation prior to incineration, processing of wet biodegradable waste, calorific 4 value of feed, and legacy waste, the Answering Respondent humbly submits as such:
I. Waste Segregation and Feed Processing
(a) It is humbly submitted that the Waste-to-Energy (WTE) plant in Jabalpur, commissioned before the Solid Waste Management Rules, 2016, is based on mass incineration technology and is designed to process mixed MSW.
(b) It is humbly submitted that as per the recent waste categorization study carried out by CSIR NEERI, the quantity of wet biodegradable waste is 60.60% of the total MSW. This daily quantity average is 294.08 MT. The calorific value of the waste is 1879 Kcal/kg, as per the test conducted by an NABL-certified laboratory on behalf of Jabalpur MSW Private Limited.
A copy of the test conducted by an NABL-certified laboratory on behalf of Jabalpur MSW Private Limited is marked and annexed herewith as Annexure F on Page No. 39.
II. Legacy Waste
(a) It is humbly submitted that under the Jabalpur Municipal Corporation, there are two sites with respect to legacy waste, one at Ranital Phase-2 and another one is at Kathonda
(b) It is humbly submitted that a Work Order has been issued by the Jabalpur Municipal Corporation for the bioremediation of Legacy Waste site at Ranital Phase-2 under the National Air Programme dior the estimated quantity of 1.62 lakh MT of legacy waste and the same as duly accepted.
A true copy of the Work Order dated 15.01.2025 issued by the Jabalpur Municipal Corporation is marked and annexed herewith as Annexure G/1 on Page No. 40.
(c) It is humbly submitted that in pursuance of the aforesaid work order, it is humbly submitted that the according to the work status report dated 11.09.2025, 1.62 lakh MT of legacy waste, 1.32 lakh MT legacy waste has been segregated and disposed off. The disposal of remaining segregated fractions has been in process. A True Copy of the Work Status Report dated 11.09.2025 is marked and annexed herewith as Annexure G/2 from Page No. 41 to 42.
d) It is humbly submitted that regarding the legacy waste site at Kathonda (unauthorized and illegal) the estimated Legacy waste is 3.00 Lakh MT and the Detailed Project Report is under preparation.
517. It is humbly submitted that the Waste-to-Energy (WTE) plant was developed in the year 2016 through a Public-Private Partnership (PPP) arrangement with the Essel Group as the private partner. Further, it is submitted that the Essel Group has undergone the Corporate Insolvency Resolution Process (CIRP) as initiated under the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC), before the National Company Law Tribunal (NCLT).
18. It is humbly submitted that the lacunae observed by this Hon'ble Tribunal vide Order dated 14.07.2025 are related to waste to energy plant kathonda, Jabalpur. Further, it is humbly submitted that pursuant to the CIRP proceedings [from September 2023 to 10th April 2025), a new group (Kundan Green Energy) has taken over the WTE Plant, Kathonda operations from 11th April 2025.
19. It is humbly submitted that the aforesaid Kundan Green Energy has sent a communication ide email dated 09.09.2025 that the plant is in need of major repairs and substantial fresh investments so that the facility can run at the best possible performance and efficiency. In this regard, it has been informed that the Plant will remain under complete shutdown from 07.10.2025 to 30.11.2025 towards maintenance and repair.
A true copy of the e-mail dated 09.09.2025 sent from the Kundan Green Energy to the Municipal Corporation, Jabalpur is marked and annexed herewith as Annexure H from Page No. 43 to 45."
5. MP PCB in its report filed on 04.09.2025, after their inspection of the WTE plant at Kathonda on 30.7.2025 has responded to the deficiencies which are on the same lines of submissions made by JMC and has given following recommendations:-
" 8. That, based on the field observations following recommendations should be implemented: -
8.1 Boundaries of buffer zone around the MSW site shall be clearly demarcated and no settlement activities shall be allowed in the said buffer zone.
8.2 The accumulated legacy waste shall be disposed of as soon as possible.
8.3 That, the disposal of waste at the site in questions is being done without segregation, resulting in the decreased efficiency of the plant because of the feeding of inert material along with the MSW waste.6
Therefore, it is recommended that collected waste should be properly segregated into combustible and noncombustible waste and only combustible waste shall be fed into the Waste to energy plant. So that plant operations can be optimized.
8.4 As per the information given by Jabalpur Municipal Corporation (JMC), a waste characterization study has been undertaken by CSIR- NEERI. Further necessary action shall be taken in accordance with the findings of the said study. It is further submitted that the quantity of legacy waste has now been reassessed at approximately 3.0 Lakh MT, as against the earlier estimation of 95,000 MT. 8.5 Compostable wet waste shall be disposed of either through composting pits or through bio digesters.
8.6 Inert waste, fly ash and bottom ash shall be disposed of in the low lying areas, landfills or in the road constructions/abandoned mines in accordance with the fly ash notification issued by the Ministry of Environment Forest & Climate Change, Government of India."
6. It is noticed that the plant at Kathonda will not be in operation from 7.10.2025 to 30.11.2025, therefore, 522.0 TPD of waste will remain unprocessed and will further add to legacy waste.
7. The unsatisfactory performance of WTE Plant and total mismanagement of solid waste is evident from the reports. We also find that the Plant operator has not been Authorised to operate the plant as required under SWM Rules, 2016 as disclosed by CPCB in its submission filed on 25.9 2024 which is reproduced below:
"5. That it is humbly submitted that as per the criteria for waste to energy process is stated under Rule 21 of the SWM Rules, 2016, non- recyclable waste having calorific value of 1500 Kcal/kg or more shall not be disposed of on landfills and shall only be utilised for generating energy either or through refuse derived fuel or by giving away as feed stock for preparing refuse derived fuel. The local body or an operator of facility or an agency designated by them proposing to set up waste to energy plant of more than five tons per day processing capacity shall submit an application in Form-I to the State Pollution Control Board (SPCB) or Pollution Control Committee (PCC), as the case may 7 be, for authorisation. The SPCBs and PCCs on receiving such application for setting up waste to energy facility, shall examine the same and grant permission within sixty days."
8. Further, in the submissions of CPCB on auxiliary fuel and management of bottom ash, the disclosure is as under;
"........As per record provided by [Jabalpur Municipal Corporation, (JMC) out of total collected waste only 40% is being used in the waste to energy plant for power generation and rest is being dumped at the backside of the plant as a result huge quantity of waste was accumulated around the plant.
The Committee found that in addition to the municipal solid waste, bottom ash and fly ash of the WtE plant also dumped with accumulated municipal solid waste and the sanitary landfill site constructed for the purpose was not being used properly......."
9. Considering the unsatisfactory situation noted above, we direct JMC and State PCB to submit fresh report at least one week before the next date of hearing on following issues:-
i. JMC to submit report on Commissioning and operation of WTE plant in accordance with SWM rules.
ii. PCB to file copy of CTO and Authorisation granted to the operator of WTE plant.
iii. JMC to disclose modus operandi to manage waste which will remain unprocessed during closure period of the plant.
iv. JMC to disclose time-bound plan to process biodegradable waste (estimated to be 300 TPD) and segregation of incinerable high calorific feed and separate management of other residues/ rejects not useful to WTE plant.
v. The JMC will disclose proper quantities of legacy waste lying at Ranital and Kathonda sites and plan for its remediation.
vi. JMC will Maintain buffer around the sites preventing degradation of environment and human health.8
10. List on 29.04.2026.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM September 25, 2025 Original Application No. 819/2024 JG 9