National Green Tribunal
Ram Milan Sahani vs State Of Uttar Pradesh on 26 July, 2024
Item No 1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No.613/2022
IN THE MATTER OF:
1. Mr. Ram Milan Sahani,
Prakarti Sampada Sanrakshan Samiti,
Sardar Nagar, Gorakhpur, U.P.
Phone: 9792918951. ...Applicants
Versus
1. State of Uttar Pradesh,
Through Chief Secretary,
Government of Uttar Pradesh,
101. 'B' Block, Lok Bhawan,
U.P. Secretariat, Lucknow - 226001,
Email Address: [email protected].
2. Principal Secretary, Directorate of Environment, U.P.,
Room No. 601, Bapu Bhawan Secretariat,
Vidhan Sabha marg, Lucknow-226001,
Phone: 0522-2238669.
Email Address: [email protected]/
[email protected].
3. Uttar Pradesh Pollution Control Board,
Building No. TC-12V,
Vibhuti Khand, Gomti Nagar,
Lucknow-226 010, U.P.
Email Address: [email protected].
4. Commissioner, Municipal Corporation, Gorakhpur,
Town Hall, Gorakhpur, Uttar Pradesh-273001.
Email Address: [email protected].
5. District Magistrate, Gorakhpur,
Bilandpur, Gorakhpur,
Uttar Pradesh-273001.
Email Address: [email protected]. ...Respondents
For the Applicant:
None for the applicant.
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-2-
For the Respondents:
Mr. Bhanwar Pal Singh Jadon, Mr.Chetan Jadon and Mr. Hardik Saxena, Advocates for respondents no. 1 and 2.
Mr. Arvind Kumar, Advocate for respondent no. 3 (Through VC).
Ms. Priyanka Swami and Ms. Simran Sehgal, Advocates for respondents no. 4 and 5.
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER Judgment Reserved on:- 14.03.2024 Judgment pronounced on :- 26.07.2024 Application is registered based on a letter petition received by Post.
Judgment PRONOUNCED BY: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JM
1. Mr. Ram Milan Sahani, Prakarti Sampada Sanrakshan Samiti has sent to this Tribunal by post the present letter petition, which has been treated and registered as original application (OA No.613/2022), complaining that average 500 tons of garbage is dumped on embankment of Rapti River at Nausad Akla Baudha/ Kalani, which has reached main river flow causing serious pollution to river.
2. The relevant part of the letter petition enumerating grievances of the applicant reads as under:
"X X X आपके सं ान म लाना है िक ाकृितक पयावरण संर ण सिमित ारा रा ी नदी के पयावरण के स म नौसढ़ एकला बंधा/कलानी तटब के रा ी नदी के डूब े म औसतन 500 टन कूड़ा िगराया जा रहा है , जो िक नदी के बहाव तक प ं च चुका है इसीिलए नदी का जल दू िषत हो चुका है एवं कूड़े म आये िदन आग लग जा रही है िजससे भारी मा ा म जहरीली गैस िनकल रही O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-3-
है । इससे होने वाला नुकसान म अपने सिमित के ारा जां च िकया जा रही है । सिमित ारा अ यन म यह भी पाया गया है िक कूड़े के कारण उ थल पर भारी प से बै रीया, वायरस, टी०बी०, दमा, सां स लेने म िद त, फेफड़ो का ित होना आिद बीमा रयां िवकिसत हो रही ह जो िक कभी-कभी उस इलाके म सं मण रोग फैला रहे ह। िजससे हजारों लोगों का जीवन संकट म पड़ गया है । सिमित के ारा इसका भी अ यन िकया गया िक पूरे इलाके म गां व के िकतने लोग बीमा रयों के चपेट म ह और िकतने लोगों का आक क मृ ु हो गयी है । इस भयानक थित को दे खते ए सिमित अपने जनतां ि क अिधकारों का योग करते ए नदी के जल े म जल स ा ह करने जा रही है । इस हे तु आपको सूचना दी जा रही है ।
हम आशा है िक आप पयावरण के इस मह पूण मु े पर त ाल कायवाही सुिनि त करगे। अतः गरीब और कमजोर तबके के लोगों के जीवन के साथ खलवाड़ न िकया जाय। ऐसे म हम आपके हर कदम का ागत एवं स ान करते ह। "
3. Vide order dated 23.09.2022, this Tribunal constituted a Joint Committee comprising of representatives of the Ministry of Jal Shakti, Government of Uttar Pradesh; the Commissioner, Municipal Corporation, Gorakhpur; the Uttar Pradesh Pollution Control Board (UPPCB); and the District Magistrate, Gorakhpur; and directed the same to verify the factual position and submit its report within one month.
4. In compliance of order dated 23.09.2022, Action Taken Report of the Joint Committee has been submitted by the UPPCB vide email dated 02.01.2023. The relevant part of the report reads as under:
"Action taken Report in compliance of order dated 23.09.2022 passed by Honourable National Green Tribunal, Principle Bench, New Delhi in O.A. no. 613/2022 Ram Milan Sahani V/s State of U.P. X X X Action taken report
1. In Compliance of the above said orders, U.P. Pollution Control Board (UPPCB) constituted a committee comprising of Additional Chief Secretary, Irrigation and Water Resource Dept., Ministry of Jal Shakti, U.P., Lucknow, District Magistrate, Gorakhpur, Municipal Commissioner, Municipal Corporation, Gorakhpur and Regional Officer, Regional Office, U.P. Pollution Control Board, Gorakhpur O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-4-
vide letter no. H 83034/C-6/SA-709/O.A. No. 613/2022/2022, dated. 14.10.2022. Copy of the said letter is annexed as annexure- 01.
2. In compliance of the said order a meeting regarding the complaint was conducted in the chairmanship of District Magistrate, Gorakhpur on dt 29.10.2022 and members present in the meeting were requested for inspecting the site mentioned in the complaint. Photocopy of letter sent regarding conducting meeting is enclosed as Annexure-
02.
3. In compliance of the order passed by Honorable N.G.T. and decisions taken in the meeting held on dt 29.10.2022, a joint team of officers of Municipal Corporation, Gorakhpur and U.P. Pollution Control Board, Gorakhpur inspected complaint site on dt.16.12.2022. Copy of the site inspection report is annexed as annexure-03
4. As per joint inspection report, distance of water stream of river was found 250m away from garbage dumping place at the time of inspection.
5. Municipal Commissioner, Municipal Corporation, Gorakhpur vide letter no. 419/n.aa/n.ni.go./2022-23 dt 10/11/20.22 has given information regarding disposal of garbage lying on complaint site. Copy of the said letter is enclosed as annexure-04.
6. Photograph of complaint site taken during inspection of joint team is enclosed as annexure-05.
7. It is to mention here that Environmental Clearance/NOC for dumping garbage on complaint site to Municipal Corporation, Gorakhpur has not been issued by U.P. Pollution Control Board.
8. Further, it is to mention here that Municipal Solid Waste (MSW) treatment and disposal site is under construction in village - Suthani, Gorakhpur.
9. Further, it is to mention that direction for removing garbage from complaint site has been given by Board to Municipal Corporation, Gorakhpur."
5. Copy of spot inspection report dated 17.12.2022 enclosed with above said Action Taken Report reads as under:-
"माननीय एन०जी०टी० नई िद ी म योिजत ओ०ए० नं० 613/2022 राम िमलन साहनी बनाम े ट ऑफ उ० ० म पा रत आदे श िदनां क 23.09.2022 के स म थलीय िनरी ण आ ा।
बोड मु ालय के प ां क सं० एच० 83034/सी०-6/सा0-709/ओ०ए० न० 613/2022. िदनाक 10.10.2022 म िदये गये िनदश के अनु म म िदनाक 29.10.2022 को िजलािधकारी महोदय गोरखपुर की अ ता म स बैठक म िदये गये िनदश के अनु म म नगर आयु नगर िनगम गोरखपुर एवं दू षण िनयं ण बोड ारा संयु थलीय जाँ च कर आ ा ेिषत हे तु िनदिशत िकया गया। उ िनदश के अनु म म मु अिभय ा, नगर िनगम्, गोरखपुर एवं े ीय अिधकारी, उ० ० दू षण िनयं ण बोड, गोरखपुर ारा िदनां क 16.12.2022 को संयु िनरी ण िकया गया, आ ा िन वत् है-
गत थल गोरखपुर लखनऊ हाईवे पर रा ी नदी का पुल पार करने की प ात बायी तरफ एकला बंधे पर हाईवे से लगभग 100 मी० की दू री पर है । िनरी ण के O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-5-
समय थल की नदी के िकनारे से दू री लगभग 250 मी० थी। उ दू री नदी के जल र के अनु सार घटती बढ़ती रहती है ।
उ थल पर पूव से कूड़े की ड ं ग की गयी थी। िनरी ण के समय तीन पोकले न मशीन कुड़े की ले िवल करते ये पाया गया। पूरे ब े पर ीिचंग पाउडर का िछड़काव होता पाया गया। थल पर पानी का े भी होते ये पाया गया। थल पर रै ग िपकर ारा सेग रगेशन का काय भी िकया जा रहा था। थल पर लगभग 01 िकमी० ल ाई तथा 50 मी० चौड़ाई म लीगेसी वे है . िजसको दे खने से ऊँचाई लगभग 10 मी० तीत होती है । लीगेसी वे की मा ा एवं कूड़े िनरतारण के सबंध म अपर नगर आयु , नगर िनगम गोरखपुर ारा उपल करायी गयी सूचना सल है। संल क यथोप र।"
6. Copy of letter sent by the Commissioner, Municipal Commissioner, Gorakhpur to the Regional Officer, UPPCB, Gorakhpur enclosed as annexure 04 with above said Action Taken Report reads as under:-
" नगर िनगम, गोरखपु र मा० एन०जी०टी०, नई िद ी म ओ०ए० सं० 613/2022 राम िमलन साहनी बनाम े ट ऑफ उ० ० म पा रत आदे श िदनाँक 23.09.2022 के संबंध म। मा० रा ीय ह रत अिधकरण नई िद ी म ओ०ए० सं० 613/2022 राम िमलन साहनी बनाम े ट ऑफ उ० ० म पा रत आदे श िदनाँ क 23.09.2022 के ारा नगर िनगम, गोरखपुर े म लीगेसी वे के संबंध म अवगत कराना है िक :-
1- गोरखपुर शहर का कुल सीवेज जनरे शन 100 MLD/ ित िदन। 2- वतमान म जिनत नगरीय ठोस अपिश की मा ा 379.66 TPD।
3- िलगेसी नगरीय ठोस अपिश की मा ा 29000 MT ।
4- उपरो के साथ ही यह अवगत कराना है िक वतमान म ित िदन सूखा
कूड़ा/िम कूड़ा एकला बध म ले जाते है जहाँ नगर िनगम से पंजीकृत रै क पीकस के ारा मौके पर ही कूड़े की छटाई कर सूखे कूड़े को अलग-अलग कर िलया जाता है । त ात वै ािनक प ित से थल को उपचा रत िकया जाता है , इस काय हे तु मौके पर तीन पोकलेन मशीने लगाई गई है । गीले कूड़े को MRF प रसर, का ा उपवन म िनिमत िपट क ो ं ग एवं बेड क ो ं ग के मा म से क ो तैयार िकया जाता है ।
5- नगर िनगम ारा सुथनी म 500TPD के सूखा कूड़े का ोसेिसंग ा िनमाणाधीन है िजसकी लागत 2840.16 लाख है तथा िसिवल काय 45% पूण हो चुका है । इसके साथ ही वतमान म 05 TDP की मता के सूखे कूड़े के िन ारण हे तु MRF ा प रसर म े िडं ग एवं क ेश मशीनों को थािपत िकया गया है । उ के अित र 05 TDP की मता के 05 अदद MRF ा िनिमत करने के िलए थल िच ाकन कर िनिवदा ि या की कायवाही की जा रही है ।
6- नगर िनगम गोरखपुर म Bio-CNG Plant की थापना हे तु आम त EOI को मु सिचव की अ ता वाली कमे टी आफ से े टीज ारा Ever Enviro के प म मं जूरी दान कर दी गई है। सं था ारा गीले कचरे की समु िचत ब न हे तु बायो CNG Plant ाम सुथनी सहजवा थत ठोस अपिश ब न हे तु थािपत िकये जा रहे ा के प रसर म थापना हे तु पी.पी.पी. मॉडल पर काय िकया जायेगा, िजस पर लगभग ० 150 करोड के य का अनु मान है । नगर िनगम इस ा कों ित िदन O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-6-
लगभग 250 MT गीला कूड़ा उपल करायेगी। उ मंजूरी िन शत के अधीन दान की गई है :-
A-कचरे के से ीगेशन हेतु वाड र पर वृहद र पर जन जाग कता का काय म िनकायो के ारा चलाया जाए। िजसम आर०ड ू ०ए०, एन०जी०ओ०. वातावरण ो ाहन सिमित, तथा मु ह ा सिमितयों को जोडा जाए। B- गीले कचरो को ोसेिसंग ा तक भेजने के िलए सभी संशाधनो का समुिचत ब न िकया जाए। हरे नीले ड िबनों का िवतरण, डोर टू डोर से ीगेटड कूड़ा कले न के वाहनों की पया व था के साथ टा फर े शन थािपत िकया जाए। Ever Enviro के ितिनिध के ारा से ीगेटेड गीले कचरे के े म तकनीकी सहायता उपल कराने की बात रखी गयी है तािक ा हे तु गुणव ा पूवक समुिचत मा ा म गीले कचरे की उपल ता हो सके।
7- वतमान म नगर िनगम ारा डोर टू डोर से ीगेटेड कूड़ा कले न के अ गत ा कूड़े का 65% गीला कूड़ा जोिक लगभग 379.66 TDP म 64% लगभग 242 TDP कूड़ा ा हो रहा है के लगभग 70% (169TPD) का सं रण िकया जा रहा है । महानगर को कूड़ा मु िकये जाने हे तु डोर टू डोर से ीगेटेड कूड़ा कले न हे तु 56 वाहनों की व था की गई है । इसके साथ ही 27 वाहनों के िलए टे र ि या पूण कर ली गई है , तथा इसके अित र 30 नये वाहनो को य िकये जाने हे तु कायवाही की जा रही है ।
8- ब वे जनरे टरो को, जो िक 50-100 िकलो से ादा कूड़ा उ ािदत करते ह, ऑन साइं ट क ो ं ग िकये जाने हे तु े रत िकया जा रहा है । साथ ही साथ RWA सोसाईटी ारा भी अपने सोसाईटी म ऑन साईट क ो ं ग करते ए गीले कचरे का िन ारण कराया जा रहा है। इसके अित र िविभ अ सोसाईिटयों म होम क ो ं ग िकये जाने हे तु े रत िकया जा रहा है ।
9-जन जाग कता के मा म से भी वाड म होम क ो ं ग िकये जाने हेतु े रत िकया जा रहा है, साथ ही साथ वाड म क ो र पीट भी थािपत कराया गया है , तािक गीले कचरे से सामु दाियक क ो ं ग की जा सके।
10- िल ड वे के िन ारण के िलए 30 MLD एवं 15 MLD के 02 अदद STP काय कर रहे है । बायो माईिनं ग हे तु DPR तैयार कर अि म कायवाही की जा रही है। इस कार रा ीय ह रत अिधकरण म दा खल राम िमलन साहनी बनाम े ट ऑफ उ र दे श म औ०ए० सं० 613/2022 म विणत त ों के ि गत एवं उपरो विणत त ों के ि गत अवगत कराना है िक वतमान म एकला बंधे पर आने वाले ितिदन के कचरे को मशीनो के मा म से Remediation िकया जाता है । सुथनी म िनमाणाधीन ा पूण होते ही इसे िश कर िदया जाएगा। एवं नगर िनगम, गोरखपुर पयावरण के संर ण हे तु अपनाए जाने वाली सारी ि याओं के अनु पालन हे तु ितब है ।
7. In view of the averments made in the application and observations made in the report, this Tribunal vide order dated 06.01.2023 impleaded the State of Uttar Pradesh, through Chief Secretary, Government of Uttar Pradesh; the Principal Secretary, Directorate of Environment, U.P.; the Uttar Pradesh Pollution Control Board; the Commissioner, Municipal Corporation, Gorakhpur; and the District Magistrate, Gorakhpur, Uttar Pradesh as respondents no. 1 to 5 with direction to file their reply/response within one month.
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-7-8. In compliance thereof Action Taken Report has been filed by the Commissioner, Municipal Corporation, Gorakhpur vide email dated 07.02.2023.The relevant part of the report reads as under:
"1. नगर िनगम ारा सुथनी म 500TPD के सूखा कूड़े का ोसेिसंग ा िनमाणाधीन ह. िजसकी लागत 2840.16 लाख है तथा िसिवल काय 45% पूण हो चुका है । इसके साथ ही वतमान म 05TPD की मता के सूखे कूड़े के िन ारण हे तु एम०आर०एफ० ा प रसर म े िडं ग व क े श मशीनों को थािपत िकया गया है । उ के अित र 05 TPD की मता के 05 अ एम०आर०एफ० ा िनिमत करने के िलये थल िच ाकंन कर िनिवदा आमं ि त की जा चुकी है । दो थानों पर काय ार हो चुका है ।
2. वतमान म नगर िनगम ारा डोर-टू -डोर से ीगेटड कूड़ा कले न के अ गत ा कूडे का 65% गीला कूड़ा, जो की लगभग 379.66 TPD म 64 ितशत लगभग 242 TPD कूडा ा हो रहा है के लगभग 70% (169 TPD) का सं रण िकया जा रहा है । महानगर को कूड़ा मु िकये जाने हे तु डोर-टू -डोर सेि गेटड कूड़ा कले न हे तु 56 वाहनों की व था की गयी है । इसके साथ ही 57 वाहनों के िलये कायादे श िनगत िकया जा चुका है । शी ही आपूित ा कर ली जायेगी।
3. एकला ब े पर उपल िलगेसी वे के िन ारण हेतु े ीय नगर एवं पयावरण अ न के , लखनऊ के ारा डी०पी०आर० तैयार की ली गयी है । शी ही िनिवदा आमं ि त कर आव क कायवाही की जायेगी। "
9. Vide order dated 10.02.2023 the District Magistrate, Gorakhpur, the Commissioner, Municipal Corporation, Gorakhpur and the Regional Officer, UPPCB were directed to file action taken reports within two months.
10. In compliance thereof Action Taken Report has been filed by UPPCB vide email dated 25.05.2023. The relevant part of the report reads as under:
"Action taken Report in compliance of order dated 10.02.2023 passed by Honourable National Green Tribunal, Principle Bench, New Delhi in O.A. no. 613/2022 Ram Milan Sahani V/s State of U.P. Action Taken Report
1. Municipal Commissioner, Gorakhpur has sent Action Taken Report in compliance of Honourable N.G.T. Order O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-8-
dated 10.02.2023. Photo Copy of the said action taken report is annexed as annxure-01.
2. As per, action taken report sent by Municipal Commissioner, Gorakhpur, a processing plant of capacity 500 TPD for processing of dry garbage is under constructions at Vill-Suthni. Project cost of dry garbage processing plant is Rs. 2840.16 Lac. Approximately 70% of Civil Work has been completed.
3. As per action taken report sent by Municipal Commissioner, Gorakhpur, in the premises of MRF Plant of capacity 5.0 TPD shredding and compressing machine has been installed. Tender has been invited for installation of 5 numbers more MRF Plant of capacity 5.0 TPD each after demarcation of site.
4. As per action taken report Joint Committee visit the site on dated 18.05.2023. Inspection Report with Photograph is attached as annexure no. 02."
11. This Tribunal considered the report and observed in its order dated 31.05.2023 as under :-
"2. In compliance thereof Action Taken Report has been filed by UPPCB vide email dated 25.05.2023 but no report has been filed by the District Magistrate, Gorakhpur and Commissioner, Municipal Corporation, Gorakhpur. Even none has appeared for them today for apprising this Tribunal about the remedial measures taken by them. The report filed by UPPCB also does not provide complete information regarding all remedial measures which are required to be taken and also the status of compliance with the rules/environmental norms.
3. The proceedings before this Tribunal cannot be treated as part of adversarial litigation where the concerned defendants may opt out to remain absent and suffer ex- parte proceedings. On the other hand, the State and its instrumentalities are under constitutional and statutory obligations to ensure compliance with environmental norms and, therefore, the State and its instrumentalities have to ensure submission of their replies/response with relevant details and also their representation through duly authorised representatives/Counsel before this Tribunal. Since, State of Uttar Pradesh and some of its instrumentalities are not generally appearing before this Tribunal and filing their replies/response in response to the notices served on them, we consider it appropriate that the matter be brought to the notice of the Chief Secretary, Government of Uttar Pradesh and learned Advocate General, Government of Uttar Pradesh for issuance of appropriate instructions for compliance with notices issued by this Tribunal and submission of reply/response and ensuring representation through their authorized O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-9-
representative/counsel before this Tribunal, as may be required."
12. Accordingly, vide order dated 31.05.2023 the District Magistrate was directed to file Action Taken Report within two months.
In view of the facts and circumstance of the case, personal appearance of the Commissioner, Municipal Corporation, Gorakhpur, Regional Officer, UPPCB and District Magistrate, Gorakhpur physically or through VC was sought for producing the relevant documents regarding compliance with environmental norms and assisting this Tribunal in just and proper adjudication of the questions involved in the case and they were directed to remain present before this Tribunal on the date of hearing fixed.
13. In compliance of order dated 31.05.2023, Joint Action Taken Report has been filed by respondent no. 5-District Magistrate, Gorakhpur, U.P. vide email dated 10.07.2023. Reply has also been filed by Municipal Commissioner, Gorakhpur vide email dated 28.08.2023. Mr. Gaurav Singh Sogarwal, Commissioner, Municipal Corporation Gorakhpur, Mr. Ankit Kumar Vats, Regional Officer, Gorakpur, UPPCB and Mr. Krishna Karunesh, District Magistrate, Gorakhpur appeared before this Tribunal through VC and we had interacted with them and emphasized that remedial measures be taken for ensuring requisite compliance with Solid Waste Management Rules, 2016.
14. The relevant part of the Joint Action taken report filed by respondent no.5 reads as under:
"Action Taken Report in compliance of order dated 10.02.2023 & 31.05.2023 O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-10-
X X X X
5. Municipal Corporation Gorakhpur had invited tender for Remediation of legacy waste on dated 03.03.2023. Ms Ecostan Infra Private Limited has been selected for the legacy waste management of Ekla bandha site. Two trommel machines have been installed at the site. Windrow and weighbridges foundation has been completed and bio-mining is in progress. Trommel machines are processing the waste 100 tonne per hour. Till now we have processed 35000 MT legacy waste. We are enhancing the capacity as per requirement .We are trying to complete all the process up to December 2023 at our best level. A true copy of photograph of Machine for treating legacy waste is attached herein as Annexure 02.
6. Municipal Corporation Gorakhpur, is constructing a processing plant having capacity of 500 TPD for processing of dry & wet waste at Vill- Suthni. Project cost of integrated solid waste processing plant is Rs. 2840.16 Lac. Approximately 75% of Civil Work has been completed. Bio- CNG plant is also under construction for processing of wet waste of 200 TPD capacity. A true copy of photograph of Plant is attached herein as Annexure 03
7. Under NCAP (National Clean Air Program) Rs 2.31 Crore sanctioned for construction of 200 TPD capacity For Garbage Transfer Station (Civil Work) near Lal Diggi, Choti Jail. Approx 35% work has been completed. For Mechanical and Operational work Rs 11.00 crore also sanctioned under NCAP. RFP invited for Mechanical and Operational work on dated 04.07.2023. A true copy of photograph of Transfer station is attached herein as Annexure 04
8. Municipal Corporation Gorakhpur, is constructing a C&D Waste Processing Plant having capacity of 50 TPD for processing of Construction and Demolition Waste at Mahesra. Project cost of plant is Rs. 2.65 crore. Approximately 35% of Civil Work has been completed. A true copy of photograph of C&D Waste Plant is attached herein as Annexure 05
9. Municipal Corporation Gorakhpur, has installed shredding and compressing machine in the premises of MRF (Material Recovery Facility) Plant of capacity 5.0 TPD. Another 5 more MRF plant is undergoing in different location of Gorakhpur city to recycle & recovery of materials."
15. The relevant part of the reply filed by Municipal Commissioner, Gorakhpur is reproduced as under:
"REPLY ON BEHALF OF MUNICIPAL CORPORATION, GORAKHPUR
3. That the Municipal Corporation, Gorakhpur vide letter no.73/AMC/NNG/2023-24 dated 10.07.2023 addressed the Registrar, National Green Tribunal, New Delhi regarding O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-11-
Action taken report in compliance of above mentioned order. The copy of the said letter is annexed here as Annexure 1.
4. That with reference to email dated 17.06.2023 send by the Consultant (Judicial) (N.G.T) (P.B.), New Delhi, it came to the knowledge of ourselves that no report has been filed by the District Magistrate, Gorakhpur and Commissioner, Municipal Corporation, Gorakhpur.
5. That the Action Taken Report filed by UPPCB dated 25.05.2023 through email contains the joint report of District Magistrate, Gorakhpur, Commissioner, Municipal Corporation, Gorakhpur and Regional Oficer. UPPCB. The copy of the said report is annexed here in as Annexure 2.
6. Municipal Corporation Gorakhpur had invited tender for Remediation of legacy waste on dated 03.03.2023. Ms Ecostan Infra Private Limited has been selected for the legacy waste management of Ekla bandha site. Two trammel machines have been installed at the site. Windrow and weighbridges foundation has been completed and bio-mining is in progress. Trommel machines are processing the waste 100 tonne per hour. Till now we have processed 35000 MT legacy waste. We are enhancing the capacity as per requirement. We are trying to complete all the process up to December 2023 at our best level. A true copy of photograph of Machine for treating legacy waste is attached herein as Annexure 3.
7. Municipal Corporation Gorakhpur, is constructing a processing plant having capacity of 500 TPD for processing of dry & wet waste at Vill- Suthni. Project cost of integrated solid waste processing plant is Rs. 2840.16 Lac. Approximately 75% of Civil Work has been completed. Bio-CNG plant is also under construction for processing of wet waste of 200 TPD capacity. A true copy of photograph of Plant is attached herein as Annexure 4.
8 Under NCAP (National Clean Air Program) Rs 2.31 Crore sanctioned for construction of 200 TPD capacity For Garbage Transfer Station (Civil Work)near Lal Diggi, Choti Jail. Approx 35% work has been completed. For Mechanical and Operational work Rs 11.00 crore also sanctioned under NCAP. RFP invited for Mechanical and Operational work on dated04.07.2023. A true copy of photograph of Transfer station is attached herein as Annexure 5.
9. Municipal Corporation Gorakhpur, is constructing a C&D Waste Processing Plant having capacity of 50 TPD for processing of Construction and Demolition Waste at Mahesra. Project cost of plant is Rs. 2.65 crore. Approximately 35% of Civil Work has been completed. A true copy of photograph of C&D Waste Plant is attached herein as Annexure 6.
10.Municipal Corporation Gorakhpur, has installed shredding and compressing machine in the premises of MRF (Material Recovery Facility) Plant of capacity 5.0 TPD. Another 5 more MRF plant is undergoing in different location of Gorakhpur city to recycle & recovery of materials."
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-12-16. Vide order 05.10.2023, this Tribunal directed Municipal Commissioner, Gorakhpur and District Magistrate, Gorakhpur to file further action taken reports within two months.
17. In compliance thereof Joint Action Taken Report has been filed on behalf of Municipal Corporation and District Magistrate, Gorakhpur vide email dated 28.01.2024. The relevant part of the report is reproduced as under:
"X X X
2. It is respectfully submitted that per day generation of solid waste in Municipal Corporation is 434.6 TPD and we are treating 296.7 TPD solid waste generated daily. Also, wet waste generated is treated through 27 pit-based composting techniques and 2 Vermi Compost Techniques. The gap in the treatment of solid waste is 137.9 TPD and is currently treated by Bio-Culture.
3. It is respectfully submitted that Municipal Corporation Gorakhpur had invited tender for remediation of legacy waste by M/s Ecostan Infra Limited has been selected as per lowest bid for the legacy waste management of the Ekla Bandha site. Two Trommel machines have been installed at the site. Windrow and Weighbridges Foundation has been completed and bio-mining is in progress. Trommel machines are processing the waste 100 tonne per hour. Till now we have processed 1,20,000 MT of legacy waste. We are enhancing the capacity as per requirement. We are trying to complete the process by March 2024 at our best level. A true copy of a photograph of the Machine for treating legacy waste is attached herewith as Annexure 01.
4. It is respectfully submitted that in reference to the letter no. 0-31/ MO-RRC.L1/1 dated 06.01.2024 by the M/S Green aid landscapes Pvt. Ltd to the Nagar Nigam, Gorakhpur, UP, initiated the ongoing consultancy for preparing a Detailed Project Report (DPR) aimed at reclamation of the Legacy Landfill site in Gorakhpur. A physical survey at the project site has been done and encompassed an aerial survey, topographical survey, external parametric survey, physical containment survey, and a meticulous examination of minor soil, water, surface texture, and other superficial features. These surveys lay the groundwork for advancing the design works crucial for the successful reclamation of legacy landfill site. We are committed to ensuring the seamless progression of this O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-13-consultancy project and eagerly anticipate our forthcoming collaboration. A true cop) of the letter is attached herein as Annexure 02.
5. It is respectfully submitted that Municipal Corporation Gorakhpur is constructing a processing plant (Waste to Charcoal) having a capacity of 500 TPD for processing of dry & wet waste at Vill-Suthni in collaboration with NVVN (NTPC Vidyut Vyapar Nigam Ltd.). MoU have been signed with NVVN on 15.10.2023. The bio-CNG plant is also under construction for processing wet waste of 200 TPD capacity and will be operational by September 2024 at the same site. A true copy of a photograph of the plant is attached herewith as Annexure 03.
6.It is respectfully submitted that Under NCAP (National Clean Air Program) Rs 2.31 Crore sanctioned for construction of 200 TPD capacity for Garbage Transfer Station (Civil Work) near Lal Diggi, Choti Jail. All instruments are installed and 100% work has been completed. For Mechanical and Operational work Rs 11.00 crore also sanctioned under NCAP. Construction of a second station of 200 TPD capacity for GTS is in progress. A true copy of photograph of Transfer station is attached herewith as Annexure 04.
7. It is respectfully submitted that Municipal Corporation Gorakhpur is constructing a C&D Waste Processing Plant having a capacity of 50 TPD for processing of Construction and Demolition Waste at Mahesra. The total per day generation of C&D waste in Municipal corporation is 30 TPD and manual segregation of C& D waste by the ULB happens at 3 designated locations. The project cost of the plant is Rs 2.65 crore. Approximately 95% of Civil Work has been completed. A true copy of a photograph of the C&D Waste Plant is attached herewith as Annexure 05.
8. It is respectfully submitted that Municipal Corporation Gorakhpur has installed a shredding and compressing machine in the premises of the 6 MRF (Material Recovery Facility) Plant. Treatment of dry waste has been done by these Material Recovery Facility plants. A true copy of a photograph of the MRF Plant is attached herewith as Annexure 06.
9. It is respectfully submitted that IEC Samvedna Development Society is actively engaged in conducting Solid Waste Management IEC activities across 80 Wards in the Municipal area with the goal of fostering Garbage- Free wards through the promotion of source segregation. The organization plans to allocate a portion of overall funds for hiring a professional Project Management Unit (PMU) agency on an outsourced basis. This agency will be responsible for developing IEC strategies, creating collaterals, generating content and tools, and managing O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-14-social media outreach. A true copy of a photograph of the IEC activities is attached herewith as Annexure 07.
10. It is respectfully submitted that the IEC initiatives encompass the dissemination of National-level campaigns related to various components of SBM Urban such as Swachh Survekshan, ODF+/ODF-F-F/Water+, and Garbage Free certifications. Also the dissemination of State/ULB levels campaigns regarding various components of SBM- U 2.0, including through interpersonal communication and empanelment & engagement of NGOs for grassroots mobilization, and sensitization regarding SBM-U 2.0. The promotion of good practices at different levels, including households, collectives, schools, colleges, and market associations is the key focus.
11. It is respectfully stated that events promoting SBM- U 2.0, such as 'Plog' runs, mass triggering activities, and competitions are organized. The essential themes of the mission are emphasized through diverse approaches, such as Swachhagrah is holding meetings with ward members, Swachhata Captains facilitating discussions with influential figures, workshops involving school children, and the establishment of mohalla swachhta samiti. Despite making considerable strides with door-to-door waste collection reaching 50%, the organization faces challenges in establishing sustainable waste management, primarily due to insufficient user-fee collection. The emphasis is on tackling the ongoing challenge of maintaining a consistent service delivery by the GNN, underscoring the pivotal role of continuous IEC efforts in this regard."
18. This Tribunal in its order dated 30.01.2024 observed that that stand taken in the report does not show any effective compliance of MSW Rules, 2016 and stand of Municipal Commissioner, Gorakhpur is only for future steps instead of effective remedial measures in present. It has also been observed that waste generation estimated by Municipal Corporation, Gorakhpur which is 434.6 TPD is not matching with the planned waste processing facilities and their nature. Mix of charcoal based plant, bio-CNG, etc. are proposed without having proper qualitative assessment and its quantification.
Further, quantity of legacy waste remediated which is to an extent of 1,20,000 MT has been indicated but how much legacy waste is yet to O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-15-be remediated is not clarified. In totality, this tribunal find that a careful review is required and the firm timelines with budget allocation is necessary.
19. Vide order dated 30.01.2024 this tribunal directed that all the processing facilities should be duly authorized under MSW Rules, 2016 and personal appearance of Additional Chief Secretary/Principal Secretary, Urban Development Department, Uttar Pradesh, District Magistrate, Gorakhpur and Commissioner, Municipal Corporation, Gorakhpur was ordered.
20. In compliance thereof Mr. Amrit Abhitaj, Principal Secretary, Urban Development Department, Uttar Pradesh, Mr. Gaurav Singh Sogarwal, Commissioner, Municipal Commissioner, Gorakhpur, Mr. Sanjay Meena, CDO appeared before this Tribunal on 14.03.2024 through VC and we interacted with them.
21. Joint Report has been filed by District Magistrate, Gorakhpur and Commissioner, Municipal Corporation, Gorakhpur vide email dated 12.03.2024. The relevant part of the report is reproduced as under:
"Action Taken Report in the Case of Ram Milan Sahani vs. the State of UP (OA. 613/2022) On Behalf of Municipal Commissioner & District Magistrate Gorakhpur, Uttar Pradesh.
X X X X
2. That it is respectfully submitted that in compliance with the Hon'ble National Green Tribunal Order dated 05.10.2023 and 30.01.2024, We have processed total legacy waste i.e. 1,96,000 MT at Ekla, no legacy waste is remained at Ekla. Biomining of total legacy waste is completed in accordance with SWM Rules, 2016. A true copy of a photograph of the site where legacy waste has been processed is annexed here as Annexure - 1. O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-16-
3. That it is respectfully submitted that the dumping of waste at the Ekla Bandha site has been stopped completely. The Municipal Corporation has made sure that scientific disposal of waste is done as authorized under SWM Rules, 2016. Decentralized solid waste processing units in accordance with SWM 2016 Rules are functional in all Zonal areas of GMC.
4. It is respectfully submitted that per day generation of Solid Waste in Municipal Corporation is 436.4 TPD and we are processing Municipal Solid Waste through 27 Pit- Based Composting and 2 Vermi-Based Composting technique for Wet Waste, Material Recovery Facilities for Dry Waste located as decentralized processing units in all zonal areas of Gorakhpur Municipal Corporation in accordance with SWM Rules, 2016.
5. That the Total budgetary provision for the entire transportation, Collection and processing of solid waste Management by Gorakhpur Municipal Corporation are as follows:
Sr. Processing Facilities Budgetary Remarks No Name Prooslon
1. Integrated waste 228.40 Cr NVVN (NTPC Management Plant at Vidyut Vyapar Suthani. Nigam Ltd) Integrated waste management Plant with the capacity of 500 TPD shall convert mix waste into charcoal.
Timeline for completion is Dec 2025.
2. Garbage transfer 12.80 Cr Total capacity of stations 400 TPD. One with a capacity of 200 TPD is operational for the transportation of collected waste to processing sites and plants.
Timeline for the completion of second one is Dec 2024.
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-17-3. Material Recovery 3.84 Cr MRF with 30 Facility TPD Capacity are functional for processing dry waste.
4. Bio-CNG Plants 155.00 Cr Total capacity is 200 TPD which is under construction under PPP mode by M/s Ever Enviro for processing of wet waste.
Timeline for completion is Sep 2024.
5. Legacy waste 10.00 Cr Total legacy Management waste i.e. 196000 MT at Ekla bandha has been processed completely through Bio Mining.
6. Collection & 100.00 Cr per Cost of Transportation of year Collection and solidwaste management Transportation, expenses per year. staff salary, Fuel, Maintenance of vehicle and purchase of new vehicle and equipment for collection and transportation
22. None appeared for the applicants in the course of hearing of the matter.
23. We have heard learned Counsel for the respondents and interacted with the officers who have appeared through VC and have gone through the material on record.
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-18-24. In the case of Kudrat Sandhu v. Govt. of NCT of Delhi and Ors., Original Application No. 281/2016 decided on 2nd December, 2016, this Tribunal observed that the collection and disposal of MSW is one of the material components for keeping the environment decent and clean, which in turn is a Fundamental Right of the citizens within the ambit of Article 21 of the Constitution of India.
25. State and its instrumentalities cannot be allowed to violate the right to decent and clean environment and this Tribunal is also under constitutional and Statutory obligation to take cognizance suo motu and give necessary directions for ensuring that the right to decent and clean environment does not remain illusionary and is strictly enforced and benefits thereof accrue to the citizens of the country.
26. The solid waste management is an integral part of the environmental management not only of the city but of the country as a whole due to the reason that MSW is one of the most serious pollutant and it is obligatory upon the municipal and other authorities to ensure that the waste is collected, transported and disposed of in accordance with the Solid Waste Management Rules, 2016. The Supreme Court of India years back in the case of Municipal Council, Ratlam vs. Vardhichand, AIR 1980 SC 1622 had held that it is not open for the municipalities to plead a lack of funds. The same holds true regarding State and all its instrumentalities
27. Even though, the Centre and the State Governments and the local authorities being instrumentalities of the State are under a constitutional and statutory obligation to prevent environmental degradation and to ensure that environment is preserved, protected and improved within their territory yet the Centre and the State O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-19-Governments and the local authorities have failed and neglected to discharge this constitutional and statutory obligation in relation to proper collection, handling, transportation and ultimately in the hygienic disposal or recycling of solid and liquid waste.
28. Mrs. Almitra H. Patel and another filed a public interest litigation W.P. (c) No. 888 of 1996 titled as "Almitra H. Patel Vs. Union of India & Ors." under Article 32 of the Constitution of India before Hon'ble the Supreme Court of India in 1996 seeking orders and directions for urgently taking steps to improve the practices adopted for collection, storage, transportation, disposal, treatment and recycling of Municipal Solid Waste (MSW) generated in various cities across India. Various orders were passed and directions were issued by the Hon'ble Supreme Court directing the State Governments to take expeditious and effective steps in accordance with law for dealing with the menace of MSW to protect the environment and public health.
Hon'ble Supreme Court of India vide its order dated 2nd September, 2014 transferred the Writ Petition No. 888 of 1996 to this Tribunal while passing the following order:
"W.P.(C) No.888 of 1996:
This petition filed in public interest as early as in the year 1996 prays for the reliefs that are set out in as many as eleven pages of the petition. It is, therefore, unnecessary to extract the same in extenso. Suffice it to say that several orders have been passed by this Court over the past 18 years or so in regard to the prayers made in the writ petition. One significant development that has taken place pursuant to those orders is the framing of the Municipal Solid Wastes (Management and Handling) Rules, 2000 under the Environment (Protection) Act, 1986. The Rules, in turn, came to be framed pursuant to a report submitted by a committee constituted by this Court. With the framing of the Rules all that remains to be done is an effective enforcement of the said Rules and possible upgradation of technology wherever necessary. Enforcement of the Rules and efforts to upgrade the technology relevant to the O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-20-
handling of solid municipal waste is a perennial challenge and would require constant efforts and monitoring with a view to making the municipal authorities concerned accountable, taking note of dereliction, if any, issuing suitable directions consistent with the said Rules and direction incidental to the purpose underlying the Rules such as upgradation of technology wherever possible. All these matters can, in our opinion, be best left to be handled by the National Green Tribunal established under the National Green Tribunal Act, 2010. The Tribunal, it is common ground, is not only equipped with the necessary expertise to examine and deal with the environment related issues but is also competent to issue in appropriate cases directions considered necessary for enforcing the statutory provisions.
In the circumstances we deem it proper to transfer W.P.(C) No.888 of 1996 to the National Green Tribunal for further proceedings in the matter and for disposal in accordance with law after hearing all concerned. We make it clear that we have expressed no opinion on any of the aspects that have been raised by the petitioner or by those seeking to be added as parties to the case including an application made by the residents of Sukhdev Vihar, New Delhi, who are aggrieved by the construction of an incinerator, next to the residential colony, affecting the quality life of those residing there. We leave it open to the Tribunal to examine all pending applications and the prayers made in the same including applications for directions wherever the same are prayed for and to pass appropriate orders in accordance with law. Needless to say that anyone of the parties if aggrieved of any order passed by the Tribunal shall be free to seek appropriate redress by way of an appeal in this Court under the provisions of the relevant statute. In case of any difficulty or clarification as to the scope of the proceedings being transferred by this Court, we reserve liberty to the party concerned to seek appropriate clarification from this Court as and when required. With the above observations, we direct transfer of W.P.(C) No.888 of 1996 to National Green Tribunal, Principal Bench, New Delhi. We request the Chairperson of the Tribunal to bestow his attention to the subject which has been pending in this Court for a long time to ensure that a matter of considerable public importance like management of municipal solid waste does not remain neglected any longer.
CONMT. PET. (C) No. 8/2009 In W.P. (C) No. 888/1996:
In the light of the order passed by us in W.P. (C) No.888 of 1996, we do not propose to continue with these contempt proceedings which are dropped and the contempt petition disposed of.
SLP(C) No. 22111/2003:
This special leave petition is delinked from W.P. (C) No.888 of 1996 to be listed separately after four weeks."
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-21-29. On receipt the Writ Petition was registered as O.A. No. 199 of 2014 titled as "Mrs. Almitra H. Patel and another Vs. Union of India and others" and this Tribunal vide order dated 22nd December, 2016 issued directions which are reproduced as under:-
"43. The present application relates to the management of solid municipal waste in the entire country. We have already noticed that the country is generating 133760 MT of waste/day as in 2012- 2013 which apparently has increased rapidly with the passage of time. A city like Delhi alone generates approximately 14100 MT of waste per day. Hardly any land is available for creation of land fill sites. Indiscriminate dumping of such huge quantity of mixed waste would inevitably have adverse impacts on environment and public health. The only possible solution is to treat this waste in accordance with the Rules of 2016 to ameliorate this situation. We have to convert this health hazardous humongous waste to a source of power, fuel and benefit for society at large, in consonance with the Principles of Circular Economy. Processing of waste by adopting bio-methanation, composting, conversion to RDF and converting waste to power generation, is the only solution which must be adopted by all stakeholders without wasting any further time. Immediate attention to preparation of action plan and effective execution thereof is the need of the day and is the essence of the only solution. It is neither possible nor even prudent to provide unequivocally a certain criteria for adoption of any or more of the technologies for management, processing and disposal of SMW by the respective States. The factors that are required to be taken into consideration for site selection and establishment of a particular plant, have been mentioned above which are not exhaustive but merely illustrative. It would depend primarily on geographical, financial and other conditions as stipulated above. Irrespective of the fact that which technology is adopted by a State, it is absolutely essential that the State should prepare complete and comprehensive action plan for management, for processing and for disposal of its solid municipal waste in accordance with the Rules. Every State has spent considerable money and manpower but without any desired results. Any further delay in proper enforcement of such action plans in accordance with the Rules is likely to prove disastrous for environmental protection and public health. It is, therefore, necessary for this Tribunal to issue comprehensive directions to ensure effective and expeditious implementation of the Rules of 2016 and which would also bridge the gaps in these Rules. Thus, we issue the following directions in the interest of the environment and public health:
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-22-
1. Every State and Union Territory shall enforce and implement the Solid Waste Management Rules, 2016 in all respects and without any further delay.
2. All the State Governments and Union Territories shall prepare an action plan in terms of the Rules of 2016 and the directions in this Judgment, within four weeks from the date of pronouncement of the judgment. The action plan would relate to the management and disposal of waste in the entire State. The steps are required to be taken in a time bound manner. Establishment and operationalization of the plants for processing and disposal of the waste and selection and specifications of landfill sites which have to be constructed, be prepared and maintained strictly in accordance with the Rules of 2016.
3. The period of six months specified under Rule 6(b), 15 of the Rules of 2016 has already lapsed. The State Governments have failed to take action in terms thereof within the stipulated period. By way of last opportunity, we direct that the period of six months shall be reckoned w.e.f. 1st January, 2017. There shall be no extension given to any State for compliance with these provisions any further.
The period of one year specified under Rule 11(a), 11(f), 15
(e) and 22 for compliance of the prepared plans and directions issued by the Committees shall, therefore, commence with effect from 1st July, 2017. For this also, no extension shall be provided.
Any State or Union Territory which now fails to comply with the statutory obligations as afore indicated shall be liable to be proceeded against in accordance with Section 15 of the Environment (Protection) Act, 1986. Besides that, it would also be liable to pay environmental compensation, as may be imposed by this Tribunal. In addition to this, the senior most officer in-charge in the State Government/Urban Local Body shall be liable to be personally proceeded against for violation of the Rules and orders passed by this Tribunal.
4. The Central Government, State Government, Local Authorities and citizens shall perform their respective obligations/duties as contemplated under the Rules of 2016, now, without any further delay or demur.
5. All the State Governments, its departments and local authorities shall operate in complete co- ordination and cooperation with each other and ensure that the solid waste generated in the State is managed, processed and disposed of strictly in accordance with the Rules of 2016.
6. Wherever a waste to energy plant is established for processing of the waste, it shall be ensured that there is mandatory and proper segregation prior to incineration relatable to the quantum of the waste.
7. It shall be mandatory to provide for a buffer zone around plants and landfill sites whether they are geographically integrated or are located separately. The buffer zone necessarily need not be of 500 meters O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-23-wherever there is a land constraint. The purpose of the buffer zone should be to segregate the plant by means of a green belt from surrounding areas so as to prevent and control pollution, besides, the site of the project should be horticulturally beautified. This should be decided by the authorities concerned and the Rules are silent with regard to extent of buffer zone. However, the Urban Development Manual provides for the same. Hence, we hold that this provision is not mandatory, but is directory. We make it clear that buffer zone and green belt are essential and their extent would have to be decided on a case to case basis.
8. We direct that the Committees constituted under Rule-5 would meet at least once in three months and not once in a year. The minutes of the meeting shall be placed in the public domain. Directions, on the basis of the minutes, shall be issued immediately after the meeting, to the concerned States, local bodies, departments and Project Proponents.
9. The State Government and the local authorities shall issue directives to all concerned, making it mandatory for the power generation and cement plants within its jurisdiction to buy and use RDF as fuel in their respective plants, wherever such plant is located within a 100 km radius of the facility.
In other words, it will be obligatory on the part of the State, local authorities to create a market for consumption of RDF. It is also for the reason that, even in waste to energy plants, Waste-RDF-Energy is a preferred choice.
10. In waste to energy plant by direct incineration, absolute segregation shall be mandatory and be part of the terms and conditions of the contract.
11. The tipping fee, wherever payable to the concessionaire/operator of the facility, will not only be relatable to the quantum of waste supplied to the concessionaire/operator but also to the efficient and regular functioning of the plant. Wherever, tipping fee is related to load of the waste, proper computerised weighing machines should be connected to the online system of the concerned departments and local authorities mandatorily.
12. Wherever, the waste is to be collected by the concessionaire/operator of the facility, there it shall be obligatory for him to segregate inert and C&D waste at source/collection point and then transport it in accordance with the Rules to the identified sites.
13. The landfill sites shall be subjected to bio- stabilisation within six months from the date of pronouncement of the order. The windrows should be turned at regular intervals. At the landfill sites, every effort should be made to prevent, leachate and generation of Methane. The stabilised waste should be subjected to composting, which should then be utilized as compost, ready for use as organic manure.
14. Landfills should preferably be used only for depositing of inert waste and rejects. However, if the O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-24-authorities are compelled to use the landfill for good and valid reasons, then the waste (other than inert) to be deposited at such landfill sites be segregated and handled in terms of clause-12.
15. The non-biodegradable waste and non-recyclable plastic should be segregated from the landfill sites and be used for construction of roads and embankments in all road projects all over the country. To this effect, there should be a specific stipulation in the contract awarding work to concessionaire/operator of the facility.
16. The State Government, Local Authorities, Pollution Control Boards of the respective States, Pollution Control Committees of the UTs and the concerned departments would ensure that they open or cause to be opened in discharge of Extended Producer Responsibility, appropriate number of centers in every colony of every district in the State which would collect or require residents of the locality to deposit the domestic hazardous waste like fluorescent tubes, bulbs, batteries, electronic items, syringe, expired medicines and such other allied items. Hazardous waste, so collected by the centers should be either sent for recycling, wherever possible and the remnant thereof should be transported to the hazardous waste disposal facility.
17. We direct MoEF&CC, and the State Governments to consider and pass appropriate directions in relation to ban on short life PVC and chlorinated plastics as expeditiously as possible and, in any case, not later than six months from the date of pronouncement of this judgment.
18. The directions and orders passed in this judgment shall not affect any existing contracts, however, we still direct that the parties to the contract relating to management or disposal of waste should, by mutual consent, bring their performance, rights and liabilities in consonance with this judgment of the Tribunal and the Rules of 2016. However, to all the concessionaire/operators of facility even under process, this judgment and the Rules of 2016 shall completely and comprehensively apply.
19. We specifically direct that there shall be complete prohibition on open burning of waste on lands, including at landfill sites. For each such incident or default, violators including the project proponent, concessionaire, ULB, any person or body responsible for such burning, shall be liable to pay environmental compensation of Rs.5,000/- (Rs. Five Thousand only) in case of simple burning, while Rs. 25,000/- (Rs. Twenty Five Thousand only) in case of bulk waste burning. Environmental compensation shall be recovered as arrears of land revenue by the competent authority in accordance with law.
20. All the local authorities, concessionaire, operator of the facility shall be obliged to display on their respective websites the data in relation to the functioning of the plant and its adherence to the prescribed parameters. This data shall be placed in the public domain and any person O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-25-would be entitled to approach the authority, if the plant is not operating as per specified parameters.
21. We direct the CPCB and the respective State Boards to conduct survey and research by monitoring the incidents of such burning and to submit a report to the Tribunal as to what pollutants are emitted by such illegal and unauthorized burning of waste.
22. That the directions contained in the judgment of the Tribunal in the case of 'Kudrat Sandhu Vs. Govt. of NCT & Ors', O.A. No. 281 of 2016, shall mutatis mutandis apply to this judgment and consequently to all the stakeholders all over the country.
23. That any States/UTs, local authorities, concessionaires, facility operators, any stakeholders, generators of waste and any person who violates or fails to comply with the Rules of 2016 in the entire country and the directions contained in this judgment shall be liable for penal action in accordance with Section-15 of the Environment (Protection) Act, 1986 and shall also be liable to pay environmental compensation in terms of Sections 15 & 17 of the National Green Tribunal Act, 2010 to the extent determined by the Tribunal.
24. That the State Government/UT, public authorities, concessionaire/operators shall take all steps to create public awareness about the facilities available, processing of the waste, obligations of the public at large, public authorities, concessionaire and facility operators under the Rules and this judgment. They shall hold program for public awareness for that purpose at regular intervals. This program should be conducted in the local languages of the concerned States/UTs/Districts.
25. We expect all the concerned authorities to take note of the fact that the Rules recognize only a landfill site and not dumping site and to take appropriate actions in that behalf.
26. We further direct that the directions contained in this judgment and the obligations contained under the Rules of 2016 should be circulated and published in the local languages.
27. Every Advisory Committee in the State shall also act as a Monitoring Committee for proper implementation of these directions and the Rules of 2016.
28. Copy of this judgment be circulated to all the Chief Secretaries/Advisers of States/UTs by the Registry of the Tribunal. The said authorities are hereby directed to take immediate steps to comply with all the directions contained in this judgment and submit a report of compliance to the Tribunal within one month from the date they receive copy of this judgment."
30. The Municipal Solid Waste (Management and Handling) Rules, 2000 (MSW Rules 2000) were notified after the effective intervention of O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-26-the Hon'ble Supreme Court of India. In practice MSW Rules 2000 were found deficient in various aspects. One of the main drawbacks of MSW Rules 2000 was that the same did not provide for and deal with certain basics of waste management and did not provide for effective implementation and fixation of responsibility in regard to management and disposal of waste. Various improvements and amendments to MSW Rules 2000 were suggested. MoEF&CC on 3rd June, 2015, published in the Gazette of India, Part-II Draft of Solid Waste Management Rules. Objections were invited to the draft Rules and on due consideration of the same the Solid Waste Management Rules, 2016 (SWM Rules 2016) were notified on 8th April, 2016.
31. SWM Rules 2016 have a very elaborate definition section, inter-
alia, but importantly they define "solid waste" to mean and include solid or semi-solid domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other non-
residential wastes, street sweepings, silt removed or collected from the surface drains, horticulture waste, agriculture and dairy waste, treated bio-medical waste excluding industrial waste, bio-medical waste and e-
waste, battery waste, radio-active waste generated in the area under the local authorities and other entities mentioned in rule 2 and "domestic hazardous waste" to mean discarded paint drums, pesticide cans, CFL bulbs, tube lights, expired medicines, broken mercury thermometers, used batteries, used needles and syringes and contaminated gauge, etc. generated at the household level. Waste hierarchy means prior order in which solid waste is to be managed by giving methods for prevention, reduction, recycling, recover and disposal, with prevention being most preferred option and disposal in O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-27-landfills being the least. In Rules 4 to 18 the duties of various stakeholders are spelt out.
32. Rule 4, which lays down the duties of waste generators, reads as under:-
"4. Duties of waste generators.- (1) Every waste generator shall,-
(a) segregate and store the waste generated by them in three separate streams namely bio-degradable, non bio-
degradable and domestic hazardous wastes in suitable bins and handover segregated wastes to authorised waste pickers or waste collectors as per the direction or notification by the local authorities from time to time;
(b) wrap securely the used sanitary waste like diapers, sanitary pads etc., in the pouches provided by the manufacturers or brand owners of these products or in a suitable wrapping material as instructed by the local authorities and shall place the same in the bin meant for dry waste or non- bio-degradable waste;
(c) store separately construction and demolition waste, as and when generated, in his own premises and shall dispose off as per the Construction and Demolition Waste Management Rules, 2016; and
(d) store horticulture waste and garden waste generated from his premises separately in his own premises and dispose of as per the directions of the local body from time to time.
(2) No waste generator shall throw, burn or burry the solid waste generated by him, on streets, open public spaces outside his premises or in the drain or water bodies.
(3) All waste generators shall pay such user fee for solid waste management, as specified in the bye-laws of the local bodies.
(4) No person shall organise an event or gathering of more than one hundred persons at any unlicensed place without intimating the local body, at least three working days in advance and such person or the organiser of such event shall ensure segregation of waste at source and handing over of segregated waste to waste collector or agency as specified by the local body.
(5) Every street vendor shall keep suitable containers for storage of waste generated during the course of his activity such as food waste, disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables, fruits, O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-28-etc., and shall deposit such waste at waste storage depot or container or vehicle as notified by the local body. (6) All resident welfare and market associations shall, within one year from the date of notification of these rules and in partnership with the local body ensure segregation of waste at source by the generators as prescribed in these rules, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. The bio-degradable waste shall be processed, treated and disposed off through composting or bio-methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by the local body.
(7) All gated communities and institutions with more than 5,000 sqm area shall, within one year from the date of notification of these rules and in partnership with the local body, ensure segregation of waste at source by the generators as prescribed in these rules, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorized recyclers. The bio-degradable waste shall be processed, treated and disposed off through composting or bio-methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by the local body. (8) All hotels and restaurants shall, within one year from the date of notification of these rules and in partnership with the local body ensure segregation of waste at source as prescribed in these rules, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. The bio- degradable waste shall be processed, treated and disposed off through composting or bio-methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by the local body.
33. Rule-5 provided for duties of MoEF&CC. It was required to monitor implementation of SWM Rules 2016 and constitute a Committee for the same. It had the discretion to co-opt experts, if needed. The Committee constituted under Rule-5(1) is required to meet at-least once in a year to monitor and review the implementation of SWM Rules 2016. At the central level SWM Rules 2016 provided for O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-29-duties of Department of Fertilizers, Ministry of Chemicals and Fertilisers, Ministry of Agriculture, Ministry of Power, Ministry of New and Renewable Energy Sources. These duties primarily relate to co-
ordination with the State Governments and Union Territory Administration to review the measures taken by the State and Local bodies and help them to improve the steps taken to implement the SWM Rules 2016 such as undertaking training for capacity building, formulation of national policy and strategy and scientific guidelines for dealing with MSW, to provide market development assistance on city compost and ensuring promotion of co-marketing of compost with chemical fertilisers, to provide flexibility in Fertiliser Control for manufacturing and sale of compost and propagating the utilisation of compost on farm land, setting up of laboratories to test quality, issuing suitable guidelines for maintaining quality of compost. to decide tariff or charges for the power generated from the Waste to Energy plants based on solid waste and ensure compulsory purchase of power generated from such Waste to Energy plants by the Distribution Company and to provide appropriate subsidy or incentives for such Waste to Energy plants respectively.
34. The SWM Rules 2016 also cast duties at the State level on the Secretary-in-charge of Urban Development Department in the State or Union Territory as well as the Secretary-in-charge of Village Panchayats or Rural Development Department in the State and Union territory. Rule 11 lays down the Duties of the Secretary-in-charge, Urban Development in the States and Union Territories and the same is also made applicable by Rule 13 to Secretary-in-charge of Village Panchayats or Rural Development Department in the State and Union O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-30-Territories which mentions their duties to be the same as specified under Rule 11. Rule 11 reads as under:-
"11. Duties of the Secretary-in-charge, Urban Development in the States and Union territories.- (1) The Secretary, Urban Development Department in the State or Union territory through the Commissioner or Director of Municipal Administration or Director of local bodies shall,-
(a) prepare a state policy and solid waste management strategy for the state or the union territory in consultation with stakeholders including representative of waste pickers, self help group and similar groups working in the field of waste management consistent with these rules, national policy on solid waste management and national urban sanitation policy of the ministry of urban development, in a period not later than one year from the date of notification of these rules;
(b) while preparing State policy and strategy on solid waste management, lay emphasis on waste reduction, reuse, recycling, recovery and optimum utilisation of various components of solid waste to ensure minimisation of waste going to the landfill and minimise impact of solid waste on human health and environment;
(c) state policies and strategies should acknowledge the primary role played by the informal sector of waste pickers, waste collectors and recycling industry in reducing waste and provide broad guidelines regarding integration of waste picker or informal waste collectors in the waste management system.
(d) ensure implementation of provisions of these rules by all local authorities;
(e) direct the town planning department of the State to ensure that master plan of every city in the State or Union territory provisions for setting up of solid waste processing and disposal facilities except for the cities who are members of common waste processing facility or regional sanitary landfill for a group of cities; and
(f) ensure identification and allocation of suitable land to the local bodies within one year for setting up of processing and disposal facilities for solid wastes and incorporate them in the master plans (land use plan) of the State or as the case may be, cities through metropolitan and district planning committees or town and country planning department;
(h) direct the town planning department of the State and local bodies to ensure that a separate space for segregation, storage, decentralised processing of solid waste is demarcated in the development plan for group housing or commercial, institutional or any other non-
residential complex exceeding 200 dwelling or having a plot area exceeding 5,000 square meters;
(i) direct the developers of Special Economic Zone, Industrial Estate, Industrial Park to earmark at least five O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-31-percent of the total area of the plot or minimum five plots or sheds for recovery and recycling facility.
(j) facilitate establishment of common regional sanitary land fill for a group of cities and towns falling within a distance of 50 km (or more) from the regional facility on a cost sharing basis and ensure professional management of such sanitary landfills;
(k) arrange for capacity building of local bodies in managing solid waste, segregation and transportation or processing of such waste at source;
(l) notify buffer zone for the solid waste processing and disposal facilities of more than five tons per day in consultation with the State Pollution Control Board; and (m ) start a scheme on registration of waste pickers and waste dealers."
35. The District Magistrate or District Collector or Deputy Commissioner in the District is obliged to perform the duties under Rule 12 to facilitate setting up of SWM facilities in tandem with local authorities and review performance of local bodies. Rule 12 reads as under:-
"12. Duties of District Magistrate or District Collector or Deputy Commissioner.- The District Magistrate or District Collector or as the case may be, the Deputy Commissioner shall, -
(a) facilitate identification and allocation of suitable land as per clause (f) of rules 11 for setting up solid waste processing and disposal facilities to local authorities in his district in close coordination with the Secretary-in-charge of State Urban Development Department within one year from the date of notification of these rules;
(b) review the performance of local bodies, at least once in a quarter on waste segregation, processing, treatment and disposal and take corrective measures in consultation with the Commissioner or Director of Municipal Administration or Director of local bodies and secretary-in-
charge of the State Urban Development."
36. In terms of Rule-15, duties have been cast upon the local authorities and village Panchayats to establish centres for proper and safe disposal of storage of waste and its transportation, etc. Rule 15 reads as under:-
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-32-
"15. Duties and responsibilities of local authorities and village Panchayats of census towns and urban agglomerations.- The local authorities and Panchayats shall,-
(a) prepare a solid waste management plan as per state policy and strategy on solid waste management within six months from the date of notification of state policy and strategy and submit a copy to respective departments of State Government or Union territory Administration or agency authorised by the State Government or Union territory Administration;
(b) arrange for door to door collection of segregated solid waste from all households including slums and informal settlements, commercial, institutional and other non residential premises. From multi-storage buildings, large commercial complexes, malls, housing complexes, etc., this may be collected from the entry gate or any other designated location;
(c) establish a system to recognise organisations of waste pickers or informal waste collectors and promote and establish a system for integration of these authorised waste-pickers and waste collectors to facilitate their participation in solid waste management including door to door collection of waste;
(d) facilitate formation of Self Help Groups, provide identity cards and thereafter encourage integration in solid waste management including door to door collection of waste;
(e) frame bye-laws incorporating the provisions of these rules within one year from the date of notification of these rules and ensure timely implementation;
(f) prescribe from time to time user fee as deemed appropriate and collect the fee from the waste generators on its own or through authorised agency;
(g) direct waste generators not to litter i.e throw or dispose of any waste such as paper, water bottles, liquor bottles, soft drink canes, tetra packs, fruit peel, wrappers, etc., or burn or burry waste on streets, open public spaces, drains, waste bodies and to segregate the waste at source as prescribed under these rules and hand over the segregated waste to authorised the waste pickers or waste collectors authorised by the local body;
(h) setup material recovery facilities or secondary storage facilities with sufficient space for sorting of recyclable materials to enable informal or authorised waste pickers and waste collectors to separate recyclables from the waste and provide easy access to waste pickers and recyclers for collection of segregated recyclable waste such as paper, plastic, metal, glass, textile from the source of generation or from material recovery facilities; Bins for storage of bio-degradable wastes shall be painted green, those for storage of recyclable wastes shall be printed white and those for storage of other wastes shall be printed black;
(i) establish waste deposition centres for domestic hazardous waste and give direction for waste generators O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-33-
to deposit domestic hazardous wastes at this centre for its safe disposal. Such facility shall be established in a city or town in a manner that one centre is set up for the area of twenty square kilometers or part thereof and notify the timings of receiving domestic hazardous waste at such centres;
(j) ensure safe storage and transportation of the domestic hazardous waste to the hazardous waste disposal facility or as may be directed by the State Pollution Control Board or the Pollution Control Committee;
(k) direct street sweepers not to burn tree leaves collected from street sweeping and store them separately and handover to the waste collectors or agency authorised by local body;
(l) provide training on solid waste management to waste-pickers and waste collectors;
(m) collect waste from vegetable, fruit, flower, meat, poultry and fish market on day to day basis and promote setting up of decentralised compost plant or bio- methanation plant at suitable locations in the markets or in the vicinity of markets ensuring hygienic conditions;
(n) collect separately waste from sweeping of streets, lanes and by-lanes daily, or on alternate days or twice a week depending on the density of population, commercial activity and local situation;
(o) set up covered secondary storage facility for temporary storage of street sweepings and silt removed from surface drains in cases where direct collection of such waste into transport vehicles is not convenient. Waste so collected shall be collected and disposed of at regular intervals as decided by the local body;
(p) collect horticulture, parks and garden waste separately and process in the parks and gardens, as far as possible;
(q) transport segregated bio-degradable waste to the processing facilities like compost plant, bio-methanation plant or any such facility. Preference shall be given for on site processing of such waste;
(r) transport non-bio-degradable waste to the respective processing facility or material recovery facilities or secondary storage facility;
(s) transport construction and demolition waste as per the provisions of the Construction and Demolition Waste management Rules, 2016;
(t) involve communities in waste management and promotion of home composting, bio-gas generation, decentralised processing of waste at community level subject to control of odour and maintenance of hygienic conditions around the facility;
(u) phase out the use of chemical fertilizer in two years and use compost in all parks, gardens maintained by the local body and wherever possible in other places under its jurisdiction. Incentives may be provided to recycling initiatives by informal waste recycling sector.
(v) facilitate construction, operation and maintenance of solid waste processing facilities and associated O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-34-infrastructure on their own or with private sector participation or through any agency for optimum utilisation of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control Board. Preference shall be given to decentralised processing to minimize transportation cost and environmental impacts such as-
a) bio-methanation, microbial composting, vermi- composting, anaerobic digestion or any other appropriate processing for bio-stabilisation of biodegradable wastes;
b) waste to energy processes including refused derived fuel for combustible fraction of waste or supply as feedstock to solid waste based power plants or cement kilns;
(w) undertake on their own or through any other agency construction, operation and maintenance of sanitary landfill and associated infrastructure as per Schedule 1 for disposal of residual wastes in a manner prescribed under these rules;
(x) make adequate provision of funds for capital investments as well as operation and maintenance of solid waste management services in the annual budget ensuring that funds for discretionary functions of the local body have been allocated only after meeting the requirement of necessary funds for solid waste management and other obligatory functions of the local body as per these rules;
(y) make an application in Form-I for grant of authorisation for setting up waste processing, treatment or disposal facility, if the volume of waste is exceeding five metric tones per day including sanitary landfills from the State Pollution Control Board or the Pollution Control Committee, as the case may be;
(z) submit application for renewal of authorisation at least sixty days before the expiry of the validity of authorisation;
(za) prepare and submit annual report in Form IV on or before the 30th April of the succeeding year to the Commissioner or Director, Municipal Administration or designated Officer;
(zb) the annual report shall then be sent to the Secretary
-in-Charge of the State Urban Development Department or village panchayat or rural development department and to the respective State Pollution Control Board or Pollution Control Committee by the 31st May of every year; (zc) educate workers including contract workers and supervisors for door to door collection of segregated waste and transporting the unmixed waste during primary and secondary transportation to processing or disposal facility; (zd) ensure that the operator of a facility provides personal protection equipment including uniform, fluorescent jacket, hand gloves, raincoats, appropriate foot wear and masks to all workers handling solid waste and the same are used by the workforce;
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-35-(ze) ensure that provisions for setting up of centers for collection, segregation and storage of segregated wastes, are incorporated in building plan while granting approval of building plan of a group housing society or market complex; and (zf) frame bye-laws and prescribe criteria for levying of spot fine for persons who litters or fails to comply with the provisions of these rules and delegate powers to officers or local bodies to levy spot fines as per the bye laws framed; and (zg) create public awareness through information, education and communication campaign and educate the waste generators on the following; namely:-
(i) not to litter;
(ii) minimise generation of waste;
(iii) reuse the waste to the extent possible;
(iv) practice segregation of waste into bio-degradable, non-biodegradable (recyclable and combustible), sanitary waste and domestic hazardous wastes at source;
(v) practice home composting, vermi-composting, bio- gas generation or community level composting;
(vi) wrap securely used sanitary waste as and when generated in the pouches provided by the brand owners or a suitable wrapping as prescribed by the local body and place the same in the bin meant for non-biodegradable waste;
(vii) storage of segregated waste at source in different bins;
(viii) handover segregated waste to waste pickers, waste collectors, recyclers or waste collection agencies; and
(ix) pay monthly user fee or charges to waste collectors or local bodies or any other person authorised by the local body for sustainability of solid waste management. (zh) stop land filling or dumping of mixed waste soon after the timeline as specified in rule 23 for setting up and operationalisation of sanitary landfill is over; (zi) allow only the non-usable, non-recyclable, non- biodegradable, non-combustible and non-reactive inert waste and pre-processing rejects and residues from waste processing facilities to go to sanitary landfill and the sanitary landfill sites shall meet the specifications as given in Schedule-I, however, every effort shall be made to recycle or reuse the rejects to achieve the desired objective of zero waste going to landfill;
(zj) investigate and analyse all old open dumpsites and existing operational dumpsites for their potential of bio- mining and bio-remediation and wheresoever feasible, take necessary actions to bio-mine or bio-remediate the sites;
(zk) in absence of the potential of bio-mining and bio- remediation of dumpsite, it shall be scientifically capped as per landfill capping norms to prevent further damage to the environment."
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-36-37. The CPCB and SPCB have also been directed to perform the stated duties and functions under Rules 14 and 16 of the SWM Rules 2016. These primarily relate to enforcement of the Rules, monitoring of environmental standards and their compliance, co- ordination between the Central and the State Boards, issuance of requisite guidelines.
Rule 16, which lays down the Duties of State Pollution Control Board or Pollution Control Committee, reads as under:-
"16. Duties of State Pollution Control Board or Pollution Control Committee.- (1) The State Pollution Control Board or Pollution Control Committee shall,-
(a) enforce these rules in their State through local bodies in their respective jurisdiction and review implementation of these rules at least twice a year in close coordination with concerned Directorate of Municipal Administration or Secretary-in-charge of State Urban Development Department;
(b) monitor environmental standards and adherence to conditions as specified under the Schedule I and Schedule II for waste processing and disposal sites;
(c) examine the proposal for authorisation and make such inquiries as deemed fit, after the receipt of the application for the same in Form I from the local body or any other agency authorised by the local body;
(d) while examining the proposal for authorisation, the requirement of consents under respective enactments and views of other agencies like the State Urban Development Department, the Town and Country Planning Department, District Planning Committee or Metropolitan Area Planning Committee, as may be applicable, Airport or Airbase Authority, the Ground Water Board, Railways, power distribution companies, highway department and other relevant agencies shall be taken into consideration and they shall be given four weeks time to give their views, if any;
(e) issue authorisation within a period of sixty days in Form II to the local body or an operator of a facility or any other agency authorised by local body stipulating compliance criteria and environmental standards as specified in Schedules I and II including other conditions, as may be necessary;
(f) synchronise the validity of said authorisation with the validity of the consents;
(g) suspend or cancel the authorization issued under clause (a) any time, if the local body or operator of the facility fails to operate the facility as per the conditions stipulated:
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provided that no such authorization shall be suspended or cancelled without giving notice to the local body or operator, as the case may be; and
(h) on receipt of application for renewal, renew the authorisation for next five years, after examining every application on merit and subject to the condition that the operator of the facility has fulfilled all the provisions of the rules, standards or conditions specified in the authorisation, consents or environment clearance. (2) The State Pollution Control Board or Pollution Control Committee shall, after giving reasonable opportunity of being heard to the applicant and for reasons thereof to be recorded in writing, refuse to grant or renew an authorisation.
(3) In case of new technologies, where no standards have been prescribed by the Central Pollution Control Board, State Pollution Control Board or Pollution Control Committee, as the case may be, shall approach Central Pollution Control Board for getting standards specified. (4) The State Pollution Control Board or the Pollution Control Committee, as the case may be, shall monitor the compliance of the standards as prescribed or laid down and treatment technology as approved and the conditions stipulated in the authorisation and the standards specified in Schedules I and II under these rules as and when deemed appropriate but not less than once in a year. (5) The State Pollution Control Board or the Pollution Control Committee may give directions to local bodies for safe handling and disposal of domestic hazardous waste deposited by the waste generators at hazardous waste deposition facilities.
(6) The State Pollution Control Board or the Pollution Control Committee shall regulate Inter-State movement of waste."
38. Duties have been imposed upon manufacturer or brand owners of disposable products and sanitary napkins and diapers under Rule 17 which reads as under:-
"17. Duty of manufacturers or brand owners of disposable products and sanitary napkins and diapers.- (1) All manufacturers of disposable products such as tin, glass, plastics packaging, etc., or brand owners who introduce such products in the market shall provide necessary financial assistance to local authorities for establishment of waste management system. (2) All such brand owners who sell or market their products in such packaging material which are non-
biodegradable shall put in place a system to collect back the packaging waste generated due to their production. (3) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-38-products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.
(4) All such manufacturers, brand owners or marketing companies shall educate the masses for wrapping and disposal of their products."
39. Rule 18 required the industrial units located within one hundred km from the refused derived fuel and waste to energy plants based on solid waste to make arrangements within six months from the date of notification of these rules to replace at least five percent of their fuel requirement by refused derived fuel so produced.
40. Rule 19, which lays down the Criteria for Duties regarding setting-up solid waste processing and treatment facility, reads as under:-
"19. Criteria for Duties regarding setting-up solid waste processing and treatment facility.- (1) The department in- charge of the allocation of land assignment shall be responsible for providing suitable land for setting up of the solid waste processing and treatment facilities and notify such sites by the State Government or Union territory Administration.
(2) The operator of the facility shall design and set up the facility as per the technical guidelines issued by the Central Pollution Control Board in this regard from time to time and the manual on solid waste management prepared by the Ministry of Urban Development. (3) The operator of the facility shall obtain necessary approvals from the State Pollution Control Board or Pollution Control Committee.
(4) The State Pollution Control Board or Pollution Control Committee shall monitor the environment standards of the operation of the solid waste processing and treatment facilities.
(5) The operator of the facility shall be responsible for the safe and environmentally sound operations of the solid waste processing and or treatment facilities as per the guidelines issued by the Central Pollution Control Board from time to time and the Manual on Municipal Solid Waste Management published by the Ministry of Urban Development and updated from time to time.
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-39-(6) The operator of the solid waste processing and treatment facility shall submit annual report in Form III each year by 30th April to the State Pollution Control Board or Pollution Committee and concerned local body."
41. Rule 20 provides the criteria and action to be taken for solid waste management in hilly areas and Rule 21 provides criteria for waste to energy process.
42. SWM Rules 2016 Rules also give specifications for landfills and other matters in relation to composting treated leachate insulation, processing treatment and monitoring of solid waste. Rule 23 required constitution of the State Level Advisory Committee within six months.
Rule 24 provides for submission of annual report while Rule 25 provides for reporting of accidents. Schedule-I deals with specifications for sanitary landfills, while Schedule-II deals with the standards of processing and treatment of solid waste.
43. Rule 22 provided time frame for implementation. The authorities were required to create the necessary infrastructure and perform directly or through engaging agencies the activities specified in that Rule within the time mentioned therein.
44. In its order dated 22nd December, 2016 passed in O.A. No. 199 of 2014 titled as "Mrs. Almitra H. Patel and another Vs. Union of India and others" this Tribunal noticed the fact that there is no provision in SWM Rules 2016 specifying punitive consequences for violation or non-compliance thereof but considered the absence of any such provision in consequential and not of much significance in view of provision contained in the Environment Protection Act, 1986 specifying punitive consequences of such violation/non-compliance. In that case this Tribunal observed as under:-
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-40-
"20. The apparent lacuna that emerges from the bare reading of these Rules is that there are no punitive consequences for violation or non-compliance of these Rules. In absence of such provisions, the very purpose of these Rules will stand defeated. Enforcement of such regulatory regime is of essence. If there is no serious and effective implementation of these Rules, then they will not be able to achieve the noble goal of prevention and control of environmental degradation resulting from MSW. These Rules have been framed in exercise of powers vested in the Ministry under a delegated legislation. The Rules have been enacted under Section 3, 6 and 25 of the Environment (Protection) Act, 1986. The violation of the directions, rules and provisions is made punishable under Section 15 of the Act of 1986. Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued there-under, shall, be liable for punishment with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, or higher punishment in the case of repeated failure. It is for this reason that no specific rule has been famed by the Ministry. It is obvious that the punitive provisions contained in Section-15 of the Act would come into play the moment there is violation, non-compliance or failure to comply with the directions, orders, rules framed and issued under the provisions of the Act of 1986."
45. The issues of solid as well as liquid waste management are being monitored by this Tribunal in O.A. No. 606/2018 titled as "Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues" in respect of State of Uttar Pradesh as per orders of the Hon'ble Supreme Court (order dated 02.09.2014 in Writ Petition (Civil) No. 888/1996 titled as "Almitra H. Patel & Anr. vs. Union of India & Ors.", with regard to solid waste management and order dated 22.02.2017 in W.P. No. 375/2012, Paryavaran Suraksha vs. Union of India, reported in (2017) 5 SCC 326 with regard to liquid waste management). This Tribunal considered the report dated 21.03.2023 submitted by the Chief Secretary, Government of Uttar Pradesh and vide order dated 23.03.2023 issued the following directions:-
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-41-
"Directions for further follow up
72. We sum up our directions as under:
i. The Chief Secretary, UP may take further remedial measures to ensure compliance of SWM Rules considering the statutory timelines to be sacrosanct as already directed by this Tribunal vide judgment dated 22.12.2016 (para 10). Similarly, the timelines for ensuring setting up of necessary sewage management systems have to be accepted as rigid timelines in view of judgment of the Hon'ble Supreme Court dated 22.02.2017 (para 6) ii. Accountability of erring officers be fixed for delay beyond the binding timelines within six months, following due process of law (para 29).
iii. Recommendations of the Oversight Committee quoted in para 27 above may be implemented forthwith (para 28). iv. Ring-fenced amount of atleast Rs. 5,000/- crores be set apart in terms of statement of the Chief Secretary, UP which has been taken on record. There is no bar to allocation of more amount as it has been stated that more amount has already been allocated by the State (para 30). v. Community compost pits be properly maintained, ensuring that compost produced is fully utilized and standardized designs be executed at town and village level. (para 35).
vi. CPCB in consultation with some of the States PCBs and Municipal Corporations may work out environmentally safe methods/options for their use within one month (para 38). vii. Plastic waste and construction and demolition waste processing plants be set up ensuring that bio-medical, hazardous and E-waste are not co-mingled and treated with solid waste (para 39).
viii. Immediate efforts be made for ensuring connectivity with STPs having present treatment capacity of 3860 MLD and proposed STPs (para 40).
ix. Working of UP Jal Nigam needs to be directly supervised and regulated by the Chief Secretary, UP to effectuate the mandate of this order with regard to speedy setting up of systems, meeting standards, enhancing functional capacity and proper utilization of treated sewage. First review meeting be held within one month (para 46).
x. Chief Secretary may, in particular, look into continuing violations pointed out in some of the orders (para 46). xi. The issues relating to compliance of STPs with standards and utilization of treated sewage be monitored and looked into by centralised mechanism at State level. Instead of high costed STPs in small population towns/villages, oxidation ponds and other low cost options be preferred (para 52).
xii. Chief Secretary may immediately set up orientation programme on regular basis at appropriate institutional level to deal with environmental issues at district level(para 60).
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-42-
xiii. MoUD may review utilisation of capacities of STPs established and utilisation of treated sewage (para 68). xiv. MoUD with MoEF&CC and CPCB may look into applicability of standards for STPs based on mode of disposal (para 68).
xv. MoUD with Ministry of Agriculture and Ministry of Chemical and Fertilizer may maximize use of treated sewage and the compost and reviewing subsidy policy (para 68).
xvi. Ministry of Power and Ministry of Non-Renewal Energy (MNRE) may hasten the process of setting up of waste to energy projects and lay down rolling plan (para 68).
xvii. CPCB and MoEF&CC may specifically issue directions on management of rejects out of biomining processes of legacy waste to avoid haphazard disposal/dumping (para
68).
xviii. Chief Secretary may set up a centralized single window mechanism for planning, capacity building and monitoring of waste management at the State level and District level (para 69) and;
xix. State level Monitoring Mechanism be set up under Chief Secretary and District level Monitoring Mechanism under District Magistrate for monthly review starting from 1st May, 2023 (para 69).
73. Further, six monthly progress reports with verifiable progress may be filed by the Chief Secretary with a copy to the Registrar General of this Tribunal by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. Copies thereof may be furnished to the NMCG, MoUD, CPHEEO (MoUD) and CPCB and also be placed on the website of the State Government.
A copy of this order be forwarded for compliance to the Chief Secretary, Uttar Pradesh, Secretary, Ministry of Housing and Urban Development, MoEF&CC, GoI, Ministry of Power and Ministry of Non-Renewal Energy, National Mission for Clean Ganga, CPCB, Secretary, Ministry of Chemicals and Fertilizers, GoI, Ministry of Agriculture, GoI, CPHEEO of MoUD, GoI by e-mail.
On report being filed with the Registrar General of this Tribunal, the same may be placed before the Bench, if found necessary.
If any grievance survives, it will be open to the aggrieved parties to take further remedies as per law."
46. It may be observed here that the MSW Rules, 2000 contained elaborate time bound action plan and also details of various technologies and procedure for segregation, collection, transport, treatment and disposal of the MSW yet all the cities in the country including major metropolitan cities failed to achieve the benchmarks O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-43-and objectives of the MSW Rules, 2000. The time limits in Rule 22 of SWM Rules 2016, which varied from one year to five years with reference to various activities including setting up of various plants and sanitary landfill sites etc., have also expired. None of the States or UTs have taken complete action in accordance with SWM Rules 2016 and the time frame postulated under SWM Rules 2016 already stands defeated.
47. It will not be out of place to mention here that before transferring Writ Petition (Civil) No. 888/1996 titled as "Almitra H. Patel & Anr. vs. Union of India & Ors." to this Tribunal, the matter was monitored by Hon'ble Supreme Court for about eighteen years and this Tribunal is monitoring the matter for the last about ten years.
Even after about twenty eight years of monitoring (eighteen years by Hon'ble Supreme Court and ten years by this Tribunal), ground situation remains unsatisfactory.
48. Dumping of raw garbage on the roadside within cities with animals eating the waste, also on both sides of approach road/railway tracks within and outside cities, on highway shoulders, rivers, waterways, wetlands, lakes, nalas, panchayat or revenue lands, land owned by PWD or other various authorities is still a common sight almost in all cities. The Central and State Governments and Local Authorities are responsible for this extremely poor state of affairs still prevailing in the country adversely affecting the life and health of citizens. The Central and State Governments, Local Authorities and other instrumentalities of the State have blatantly violated the SWM Rules 2016 yet CPCB and SPCBs/UTPCCs continue to be silent spectators and have not taken steps to ensure proper implementation O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-44-of the SWM Rules 2016 and have failed to perform their statutory duties. Prosecutions are not launched and even if launched, are not effectively pursued to the end to ensure conviction and punishment of the violators. Environmental compensation imposed remains unrealized or even if realized, continues to be unutilized for restoration/protection of environment.
49. It may be observed here that various studies and reports state and operational models show that MSW, if properly handled and managed, can be a profitable exercise for municipalities who choose to privatize waste management and with proper management of garbage can yield revenue by way of Compost, CNG/Energy Generation, Recycling etc. yet most cities do not have duly authorized Solid Waste Processing Facilities and Landfill sites; raw garbage is dumped by the municipalities in low lying areas through which there is every likelihood of it percolating and contaminating the groundwater resources of the city and its environs and due to defective planning the solid waste is not subjected to proper treatment.
50. We consider it to be our solemn duty to remind and reiterate what this Tribunal said in its order dated 22nd December, 2016 passed in O.A. No. 199 of 2014 titled as "Mrs. Almitra H. Patel and another Vs. Union of India and others":-
"Having referred to the gravity of the issues relating to MSW and the ineffective and regressive steps taken by the respective State Governments, we would have no hesitation in stating that all concerned need to give up the attitude of laxity and casualness and become aggressive and effective in the implementation of the mechanism and methodology of collection and disposal of MSW for the entire country. The installation of different mechanisms including establishment of plants is the need of the hour as it is either impractical or not possible to O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-45-
increase the number and size of dumping sites throughout the country. In capital cities of the States and all major towns, land is very scarce and there are financial constraints as well. On the contrary, there is rapid increase in generation of MSW. This means that methodologies which are scientifically acceptable, performable and in consonance with the Rules have to be established without any further delay and this should be the subject of utmost priority for every State. The regulatory authorities like, CPCB, MoEF&CC have to become more aggressive in ensuring that the provisions of law in relation to collection and disposal of MSW are enforced and implemented without default and delay now. They are vested with wide powers including those of punitive nature and time has come to take recourse to such measures and not leave the matters to the sweet will of the implementing agencies. It is evident that any further delay or deferment in enforcing of the Rules would lead to environment and public health disasters resulting from adverse and negative contribution of the public authorities and the officers manning the said authorities. The time has come when the officers/authorities who are persistent defaulters must be dealt with in accordance with the law and be penalized for their attitude and defaults."
51. In the earlier part of this Judgment we have reproduced relevant parts of action taken reports filed by UPPCB, the Commissioner, Municipal Corporation, Gorakhpur and the District Magistrate, Gorakhpur which show serious violations of SWM Rules 2016 regarding setting up of the solid waste processing and treatment facilities and proper collection processing and disposal of solid waste.
52. It appears from the material on record that the Municipal Corporation, Gorakhpur did not take any material/effective steps before filing of the present petition. Serious violation of the SWM Rules 2016 is evident from the existence of legacy waste measuring about 1,96,000 MT at Ekla Bandha site in the flood plain of River Rapti causing serious water pollution particularly during monsoon and flood. Steps have been taken for construction of Integrated Waste O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-46-Management Plant and Bio CNG Plants at Suthani, 01 Garbage Transfer Station, 05 Material Recovery Facilities, 01 Construction and Demolition of Waste Plant at Mahesra besides 01 Material Recovery Facility and 01 Garbage Transfer Station already setup but the scheduled dates for operationalization of the same are not yet mentioned. One MRF is stated to be functional and five are stated to be in the process of being setup but there is no mention even regarding the places where one MRF is already setup and five MRFs are being setup. Same is the case regarding second Garbage Transfer Station. 1,96,000 MT legacy waste is stated to have been cleared but requisite details/particulars regarding the manner of processing and disposal of the same have not been given. The fact that there are serious violations of SWM Rules 2016 by Municipal Corporation, Gorakhpur is evident from a comparative reading of SWM Rules 2016 and the reports filed in the case and we do not intend to catalogue all the violations here.
53. In the present case State of Uttar Pradesh was impleaded through Chief Secretary, Government of Uttar Pradesh as Chief Secretary, Government of Uttar Pradesh has been entrusted with the duties of ensuring proper management of solid and liquid waste under orders passed by Hon'ble Supreme Court in W.P. (C) No. 888 of 1996 titled as "Almitra H. Patel Vs. Union of India" and W.P.(C) No. 375 of 2012 titled as "Paryavaran Suraksha Samiti and Anr. Vs. Union of India and Ors." but no response has been filed on behalf of Chief Secretary, Government of Uttar Pradesh with respect to implementation of Solid Waste Management Rules, 2016 in District Gorakhpur. The Chief Secretary, Government of Uttar Pradesh ought to have filed response either himself or through some officer enclosing O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-47-therewith copies of at least Solid Waste Management Plan and Strategy on Solid Waste Management prepared and submitted by Municipal Corporation, Gorakhpur for the purpose of hearing of O.A. No. 606 titled as "Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issue" and also statement regarding allocation of funds to Municipal Corporation, Gorakhpur for solid and liquid waste management out of amount of Rs. 5,000 crores ordered to be deposited in ring-fenced account and utilization of the same. It may be added here that even the Commissioner, Municipal Corporation, Gorakhpur has not submitted any information regarding Solid Waste Management Plan and Strategy on Solid Waste Management prepared and submitted by Municipal Corporation, Gorakhpur to the Chief Secretary, Government of Uttar Pradesh for the purpose of hearing of O.A. No. 606/2018 titled as Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues and also statement regarding allocation of funds to Municipal Corporation, Gorakhpur for solid and liquid waste management out of amount of Rs. 5,000 crores ordered to be deposited in ring-fenced account and utilization of the same.
54. As mandated by Rule 19 (1) of SWM Rules 2016 the Department in-charge of the allocation of land assignment in the Government of Uttar Pradesh has to provide suitable land for setting up of the solid waste processing and treatment facilities which have to be notified by the Uttar Pradesh Government. This Rule is intended to ensure proper planning as per present and future requirements of allotment of land for solid waste processing and treatment facilities by the concerned State Authorities which aspect cannot be left to the concerned Municipal Corporation/Municipal Council/Nagar O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-48-Panchayat alone. No information has been provided regarding any action plan prepared or action taken by the Department for providing suitable land for setting up of the solid waste processing and treatment facilities to the Municipal Corporation, Gorakhpur and other Municipalities in the State of Uttar Pradesh and notification of the same by Government of Uttar Pradesh.
55. As mandated by Rule 17 of SWM Rules 2016 all manufacturers of disposable products such as tin, glass, plastics packaging etc., or brand owners who introduce such products in the market have to provide necessary financial assistance to Local Authorities for establishment of waste management system and all such brand owners who sell or market their products in such packaging material which are non-biodegradable have also to put in place a system to collect back the packaging waste generated due to their production.
No information whatsoever has been provided by Chief Secretary, Government of Uttar Pradesh or the Commissioner, Municipal Corporation, Gorakhpur regarding financial assistance to Local Authorities for establishment of waste management system and putting in place a system to collect back the packaging waste generated due to their production by the concerned manufacturers and brand owners. Rule 17 has been incorporated with the object of securing participation of the concerned manufacturers and brand owners for management of the solid waste generated by their production and prompt action is required to be taken for due implementation thereof.
56. Vide order dated 22nd December, 2016 passed in O.A. No. 199 of 2014 titled as "Mrs. Almitra H. Patel and another Vs. Union of O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-49-India and others" this Tribunal specifically directed the State Governments, Local Authorities, Pollution Control Boards of the respective States, Pollution Control Committees of the UTs and the concerned Departments to ensure that they open or cause to be opened in discharge of Extended Producer Responsibility, appropriate number of centers in every colony of every district in the State which would collect or require residents of the locality to deposit the domestic hazardous waste like fluorescent tubes, bulbs, batteries, electronic items, syringe, expired medicines and such other allied items.
Hazardous waste, so collected by the centers should be either sent for recycling, wherever possible and the remnant thereof should be transported to the hazardous waste disposal facility. No response has been filed by the Chief Secretary, Government of Uttar Pradesh regarding compliance of above said direction. In the progress reports filed by the District Magistrate, Gorakhpur and the Commissioner, Municipal Corporation, Gorakhpur also there is no mention regarding compliance with the above said directions.
57. The Chief Secretary, Government of Uttar Pradesh is directed to look into these aspects and take appropriate action in this regard within three months and submit action taken report before Ld. Registrar General of this Tribunal in this regard.
58. The Secretary, In-charge of Urban Development Department and the Secretary, In-charge of Village Panchayats and Rural Development Department in the State of Uttar Pradesh are directed to comply with statutory obligation regarding discharge of duties specified in Rule 11 (a) to (m) meticulously and take appropriate O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-50-action in terms thereof within three months and file action taken report before Ld. Registrar General of this Tribunal in this regard.
59. The District Magistrate, Gorakhpur has filed joint action taken report with Commissioner, Municipal Corporation, Gorakhpur and has not filed any separate report regarding compliance with Rule 12 of the SWM Rules 2016 as to facilitating, identification and allocation of suitable land for setting up solid waste processing and disposal facilities to local authorities in the District including Municipal Corporation, Gorakhpur and quarterly reviewing of performance of local bodies on waste segregation, processing, treatment and disposal and take corrective measures.
60. The District Magistrate, Gorakhpur is directed to look into these aspects and take appropriate action for discharge of statutory obligations under Rule 12 (a) and (b) within three months and submit action taken report before Ld. Registrar General of this Tribunal in this regard.
61. The Commissioner, Municipal Corporation, Gorakhpur has filed action taken reports but in action taken reports the Commissioner, Municipal Corporation, Gorakhpur has not provided any information regarding discharge by Municipal Corporation, Gorakhpur of its statutory obligations under Rule 15 (a) to (zk) of SWM Rules 2016 particularly with respect to (i) preparation of Solid Waste Management Plan as per state policy and strategy on solid waste management as required by Rule 15 (a); (ii) establishment of a system to recognize organizations of waste pickers or informal waste collectors and promote and establish a system for integration of authorised pickers and waste collectors to facilitate their participation in solid waste O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-51-management including door to door collection of waste as required by Rule 15 (c); (iii) facilitating formation of Self Help Groups, provide identity cards and thereafter encourage integration in solid waste management including door to door collection of waste as required by Rule 15 (d); (iv) prescribing from time to time user fee and collecting the user fee from waste generators as required by Rule 15 (f); (v) setting up requisite number of material recovery facilities or secondary storage facilities with sufficient space or sorting of recyclable materials as required by Rule 15 (h); establishing waste disposal center for domestic hazardous waste as required by Rule 15 (i); involving communities in waste management and promotion of home composting, bio-gas generation, decentralized processing of waste at community level subject to control of odour and maintenance of hygienic condition around the facility as required by Rule 15 (t);
facilitating construction, operation and maintenance of solid waste processing facilities and sanitary landfill and associated infrastructure as required by Rule 15 (v) and (w); obtaining authorisation from UPPCB for setting up waste processing, treatment or disposal facility and sanitary landfill, if the volume of waste is exceeding five metric tones per day as required by Rule 15 (y); and framing of bye-laws and prescribe criteria for levying of spot fine for persons who litters or fails to comply with the provisions of SWM Rules 2016 and delegate powers as required by Rule 15 (zf).
62. The Central Government in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 and in supersession of the notification number S.O. 60 (E) dated the 27th O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-52-January, 1994, except in respect of things done or omitted to be done before such supersession, directed that on and from the date of publication of Notification no S.O. 1533 (E) dated 14th September, 2006 the required construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to said notification entailing capacity addition with change in process and or technology shall be undertaken in any part of India only after the prior environmental clearance from the Central Government or as the case may be, by the State Level Environment Impact Assessment Authority, duly constituted by the Central Government under sub-section (3) of section 3 of the said Act, in accordance with the procedure specified said notification.
63. Para 2 of EIA notification dated 14.09.2006 (as amended), which lays down requirements of prior EC, reads as under:
"2. Requirements of prior Environmental Clearance (EC):- The following projects or activities shall require prior environmental clearance from the concerned regulatory authority, which shall hereinafter referred to be as the Central Government in the Ministry of Environment and Forests for matters falling under Category 'A' in the Schedule and at State level the State Environment Impact Assessment Authority (SEIAA) for matters falling under Category 'B' in the said Schedule, before any construction work, or preparation of land by the project management except for securing the land, is started on the project or activity:
"(i) All new projects or activities listed in the Schedule to this notification;
(ii) Expansion and modernization of existing projects or activities listed in the Schedule to this notification with addition of capacity beyond the limits specified for the concerned sector, that is, projects or activities which cross the threshold limits given in the Schedule, after expansion or modernization;
(iii) Any change in product - mix in an existing manufacturing unit included in Schedule beyond the specified range."
O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-53-64. Entry 7 (i) in the Schedule to EIA Notification 2006 dated 14th September, 2006 reads as under:-
Project or Activity Category with threshold Conditions if limit any A B X X X X 7 Physical Infrastructure including environmental Services X X X X 7(i) Common All Projects General Condition Municipal shall apply Solid Waste Management Facility (CMSWMF)
65. Common Municipal Solid Waste Management Facility falls under item 7 (i) of the Schedule to Environmental Impact Assessment Notification 2006 issued by MoEF & CC and requires prior environmental clearance.
66. MoEF & CC, GOI, (Impact Assessment Division) has issued Office Memorandum No. F. NO, 22-19/2017-IA.III dated 07th November, 2017 revisiting process of environmental clearance for Solid Waste Management Treatment and Processing Facilities which reads as under:-
" OFFICE MEMORANDUM Sub: Revisiting of process of prior Environmental Clearance for Solid Waste Management Treatment and processing facilities - reg.
The request to revisit the process of prior environmental clearance for Solid Waste Management Treatment and Processing Facilities has been examined by the Expert Group constituted in the Ministry in its meeting held on 14.06.2017. The Expert Group has submitted its recommendations which have also been further examined in the Ministry.
2. The Environment Impact Assessment Notification, 2006 in the Schedule at item 7 (i) mentions Common O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.
-54-Municipal Solid Waste Management Facility (CMSWMF) as Category B project for which State Environment Impact Assessment Authority (SEIAA) is empowered to appraise the project for grant of prior environmental clearance.
3. The municipal solid waste management involves various steps like door to door collection, segregation, composting, refuse derived fuel (RDF) making, waste to energy generation through waste to energy plants and disposal in scientific landfills. The above activities, except landfill site, if proposed as standalone activities are not covered under item 7 (i) of EIA Notification, 2006, hence do not require prior environmental clearance. In case the activities of composting, RDF making and waste to energy plant (up to Capacity of 15 MW) are proposed at an existing landfill site, they do not attract the provisions of the EIA Notification, 2006.
4. If the activities of incineration, RDF making and Waste to energy plant are proposed along with the new site of solid waste disposal, landfill, it is advisable to obtain an integrated prior environmental clearance for these projects.
5. It has been seen that locating a landfill site or municipal Solid Waste disposal site is a contentious issue and there is a tendency to locate them far from the habitation but near forest, rivers, ponds, Wetlands and low lying areas etc., which are ecologically sensitive sites and require proper environmental management. Since, the forests, rivers, ponds, wetland and low lying areas are critical from environmental point of view, it may not be appropriate to exempt this activity of municipal solid waste disposal site or landfill site from the requirement of prior environmental clearance.
6. This issues with the approval of the competent authority"
67. As mandated by Rule 19 of SWM Rules 2016 the operator of solid waste processing and treatment facility has to design and set up the facility as per the technical guidelines issued by the Central Pollution Control and the manual on solid waste management prepared by the Ministry of Urban Development. The operator has to obtain necessary approvals from UPPCB and has to submit annual report to UPPCB.
68. The Commissioner, Municipal Corporation, Gorakhpur has mentioned about setting up of Integrated Waste Management Plan at Suthani with capacity of 500 TPD, Garbage Transfer Station for O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-55-
capacity of 200 TPD each, Material Recovery Facilities with capacity of 05 TPD each but the Commissioner, Municipal Corporation, Gorakhpur has not given any information regarding notification of said facilities by Uttar Pradesh Government, grant of EC by UPSEIAA as required and obtaining of authorization and approvals from UPPCB and submission of annual return to UPPCB by the operator as mandated by SWM Rules 2016.
69. The Commissioner, Municipal Corporation, Gorakhpur is directed to look into these aspects and prepare within three months, if not already prepared, a Solid Waste Management Plan as per State Policy and Strategy on Solid Waste Management for ensuring compliance with Rule 15 (a) to (zk) of SWM Rules 2016 and the directions issued by Hon'ble Supreme Court and this Tribunal with all requisite details regarding budgetary allocation and timelines for completion/compliance and submit action taken report with copies of all relevant documents in this regard.
70. In its report UPPCB has not indicated the compliance status regarding review of implementation of the Rules at least twice a year in close coordination with concerned Directorate of Municipal Administration or Secretary-in-charge of State Urban Development Department; monitoring the environment standards of the operation of the solid waste processing and treatment facilities and adherence to conditions as specified under the Schedule I and Schedule II for waste processing and disposal sites, compliance with requirements of authorization, consents under respective enactments and views of other agencies, as may be applicable and submission of annual returns by all concerned in the State of Uttar Pradesh collectively and O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-56-
Gorakhpur separately as mandated by SWM Rules 2016. In its report UPPCB has mentioned about dumping of garbage on Ekla Bandha of River Rapti by Municipal Corporation without obtaining its consent but the UPPCB has not taken any action in respect of violations of SWM Rules by Municipal Corporation, Gorakhpur.
71. The Member Secretary, UPPCB is directed to look into these aspects and take appropriate action and also to initiate appropriate proceedings for prosecution of the concerned officers and imposition and realization of environmental compensation on Municipal Corporation, Gorakhpur for past violations within three months and file action taken report in this regard.
72. Even though Local Authorities/Municipalities/Panchayats are empowered to make Bye-Laws for imposition of fine on persons littering or dumping garbage at unauthorized places and Rule 15 (zf) of SWM Rules 2016 also casts an obligation on Local Authorities/ Municipalities/Panchayats yet, either the Bye-Laws are not framed or the same are not effectively implemented. The Commissioner, Municipal Corporation, Gorakhpur has not submitted any information regarding framing and implementation of Bye-Laws in this regard and imposition and recovery of fine from the violators. In the present original application allegations of non-compliance and dumping of garbage at unauthorized place have been made against the Municipal Corporation, Gorakhpur itself.
73. Despite presence of enabling statutory provisions as referred to above, dumping of raw garbage on the roadsides within cities with animals eating the waste, also on both sides of approach road within and outside cities, on highway shoulders, rivers, waterways, wetlands, O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-57-
lakes, nalas, panchayat or revenue lands, land owned by PWD or other various authorities is still a common sight.
74. In view of environmental degradation caused by instances of burning of leaves, this Tribunal had vide order dated 22nd December, 2016 passed in O.A. No. 199 of 2014 titled as "Mrs. Almitra H. Patel and another Vs. Union of India and others" directed that there shall be complete prohibition on open burning of waste on land including of landfill sites and directed that violators shall be liable to pay environmental compensation of Rs. 5,000/- in case of simple burning and in case of bulk waste burning Rs. 25,000/- which was made recoverable as arrears of land revenue by the Competent Authority in accordance of law.
75. The menace of littering and dumping of garbage at unauthorized places particularly roadsides, rivers, waterways, wetlands, lakes, nalas, panchayat or revenue lands, land owned by PWD or other various authorities causes serious environmental degradation with consequential air and water pollution violating fundamental right to health and clean environment and requires issuance of appropriate directions in exercise of power under Section 15 of the National Green Tribunal Act, 2010 on the basis of Principle of Sustainable development, precautionary Principle and Polluter Pays Principle embodied in Section 20 of the National Green Tribunal Act, 2010.
76. Accordingly, we specifically direct that there shall be complete prohibition on littering/dumping of Solid Waste at unauthorized places particularly roadsides, rivers, waterways, wetlands, lakes, nalas, panchayat or revenue lands, land owned by PWD or other various O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-58-
authorities in the entire State of Uttar Pradesh with effect from the date of this order and for each such incident of default, violator shall be liable to pay environmental compensation of Rs. 5,000/- in case of first instance and Rs. 10,000/- in case of any further instance of littering/dumping of solid waste not falling in the category of bulk waste and Rs. 25,000/- in case of first instance and Rs. 50,000/- in case of any further instance of littering/dumping of bulk waste by any bulk waste generator, concessionaire, ULB or any other person or body responsible for the same. The concerned Commissioner of Municipal Corporation or the concerned Executive Officer of Municipal Council or Nagar Panchayat shall designate appropriate number of officers thereof for imposing environmental compensation on the violators. In addition to such designated Officers of Municipal Corporation/Municipal Council/Nagar Panchayat, the Regional Officer, UPPCB shall also be entitled to impose environmental compensation from the violators. Environmental compensation so imposed/realized shall be deposited with the concerned Municipal Corporation/Municipal Council/Nagar Panchayat/UPPCB. In case of non-payment the environmental compensation as mentioned above shall be recovered as arrears of land revenue by the Competent Authority in accordance with law. Environmental compensation so realized shall be utilized by the concerned Municipal Corporation/Municipal Council/Nagar Panchayat for proper management and processing of Solid Waste within its respective jurisdiction.
77. The Chief Secretary, Government of Uttar Pradesh and the Member Secretary, UPPCB are directed to ensure adequate publicity of this direction through electronic and print media and also through O. A. No. 613/2022 Ram Milan Sahani Vs. & State of UP & Ors.-59-
hoardings, banners etc for due compliance by all concerned. The concerned Municipal Corporation/Municipal Committee/Nagar Panchayat shall also make due publicity through hoardings, banners etc at appropriate places.
78. The present application is disposed of accordingly with the directions as mentioned above.
79. Reports as directed above may be submitted within four 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, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.
80. A copy of this order be sent to Chief Secretary, Government of Uttar Pradesh, the Secretary, Urban Development, Government of Uttar Pradesh, the Secretary, Panchayats and Rural Development, Government of Uttar Pradesh, the Member Secretary, UPPCB, the Commissioner, Municipal Corporation, Gorakhpur, and the District Magistrate, Gorakhpur by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM July 26th, 2024 AG