National Green Tribunal
Jana Kalyan Samiti Represented Through ... vs Bhubaneswar Municipal Corporation ... on 17 December, 2025
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.207/2025/EZ
Jana Kalyan Samiti Applicant
Versus
Bhubaneswar Municipal Corporation & Ors. Respondents
Date of hearing: 17.12.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
Applicant: Mr. Sankar Prasad Pani and Mr. Ashutosh Padhy, Advocates for
the applicant (through VC).
ORDER
1. The applicant Jana Kalyan Samiti has filed the present Original Application under Section 18(1) read with Sections 14(1), 15 and 20 of the National Green Tribunal Act, 2010 seeking following reliefs:-
"a) Call for the documents of sitting clearance and notification of the designated site for treatment plant
b) Show cause the respondents in regard to the setting up of Micro composting Centre and if due process has been followed then all such documents may be called for
c) Compute environment compensation for operating the MCC without compliance of environment norms.
d) In case of unsatisfactory response, the Hon'ble Tribunal may declare the sitting of MCC as illegal and closure of the unit as well as restore the site to its original status.
e) Pass such order /s as this Hon'ble Tribunal may fill fit and proper in the facts and circumstances of this case."
2. Briefly stated the present application, challenging the setting up of a Micro-Composting Plant within B1-Bharatpur, GA Colony of Bhubaneswar Municipal Corporation on the ground of being violative of 1 the siting criteria prescribed for Solid Waste Management Processing Facilities, has been filed on the averments that the nuisance and health hazard due to the continuing operation of the Micro-compost Centre (MCC) set up adjoining to the residential houses without any buffer zone has made the lives of senior citizens, women and children unbearable. Though the Micro compost centre is having a processing capacity of more than 10 Metric Tons per day, but the MCC was installed and is being operated without obtaining Consent to Establish and Consent to Operate from Odisha State Pollution Control Board (OSPCB). The Solid Waste Management Rules, 2016 prohibit setting-up of such treatment plant within 200 metres from Human Habitation, Pond, Public Park and Water Supply. Further such suitable site selected needs to be notified and to the knowledge of the applicant no such notification was made and for that due process has not been followed. The land in question where the MCC is set up is a forest kissam land and no forest clearance has been obtained by the Bhubaneswar Municipal Corporation for non-forestry activities.
3. Prima-facie, the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.
4. In view of the above, notice of the application along with copies of the documents attached with the same is ordered to be issued to the respondents.
5. Mr. Rajib Ray, learned Counsel has appeared and accepted notice on behalf of respondent no. 1- Bhubaneswar Municipal Corporation. 2
6. Mr. Dipanjan Ghosh, learned Counsel has appeared and accepted notice on behalf of respondent no. 7-Odisha State Pollution Control Board.
7. The Registry is directed to issue notice to respondents no. 2 to 6 and 8 to 11.
8. Responses by respondents no. 1 to 11 may be filed within one month.
9. List on 25.02.2026 for further consideration.
Arun Kumar Tyagi, JM Ishwar Singh, EM December 17th, 2025 Original Application No.207/2025/EZ R 3