National Green Tribunal
Syed Mohamed Kalifa Sahib,S/O. Syed ... vs The District Collector on 17 November, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.12:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 131 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Syed Mohammed Kalifa Sahib
...Applicant(s)
Versus
The District Collector,
Nagapattinam District and Ors.
...Respondent(s)
Date of hearing: 17.11.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Dr. D. Shanmuganathan for R1.
Mr. N.K. Ponraj represented
Mr. P. Srinivas for R2.
Mr. S. Sai Sathya Jith for R3.
ORDER
1. As per order dated 02.08.2021, this Tribunal had considered the Joint Committee report dated Nil, e-filed on 29.06.2021 and extracted in Page 1 of 11 Para 5 of the order and then, passed the following order:-
"6) It is seen from the joint committee report that the bio-mining was done in respect of 10,117 Cu. M. out of 23,213 Cu. M. as on 25.06.2021 and the remaining legacy waste has to be processed by the municipality.
Certain directions were also given by the joint committee to the municipality to comply with the same.
7) It is also mentioned in the report that apart from legacy waste, there is additional legacy waste of 20,735 Cu.M., which has been caused after Gaja Cyclone, also will have to be cleared by the Nagapattinam Municipality.
8) Further, it is also mentioned in the report that administrative sanction has to be given to the Nagapattinam Municipality by the Commissioner for Municipal Administration, Chennai to carry out the bio mining process for additional legacy waste of 20,735 Cu. M. available as well. The committee has directed the Municipal Commissioner, Nagapattinam Municipality to ensure that bio mining of legacy waste will be completed within six months.
9) It is not known as to whether the Nagapattinam Municipality has obtained any consent from the Tamil Nadu Pollution Control Board for the purpose of operation of sewage treatment installed in the Nagur Town.
10)So under such circumstances, the Commissioner, Municipal Administration, Chennai is directed to consider the proposal (if any) submitted by the Nagapattinam Municipality for providing any administrative sanction cum financial sanction for carrying out the bio mining for the additional legacy waste that was accumulated in the area after Gaja Cyclone according to the municipality, as recommended by the joint committee.
11)The Tamil Nadu Pollution Control Board as well as the Nagapattinam Municipality are directed to file their further action taken report and independent status report cum progress respectively to this Tribunal on or before 09.09.2021 by e-filing in the form of Searchable PDF/ OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
12)The Tamil Nadu Pollution Control Board is also directed to mention about the improvement that has been made by disposal of legacy waste and whether the Nagapattinam Municipality has complied with the directions of this Tribunal of furnishing Bank Guarantee as well while submitting the report.
13)The Registry is directed to communicate this order to the members of the committee, official respondents including the Nagapattinam Municipality, Chairman, Tamil Nadu Pollution Control Board and Commissioner, Municipal Administration, Chennai by e-mail immediately for their information and compliance of the direction."
Page 2 of 112. The case was posted to 09.09.2021 for consideration of further status cum action taken report. On 09.09.2021, this Tribunal had considered the submissions made by the counsel for the Nagapattinam Municipality that bio-mining of the legacy waste will be completed by 31.12.2021 and also considered the report submitted by the 2 nd Respondent dated 08.09.2021 which was said to be extracted in Para 3 of the order, but not extracted but inadvertently omitted and then, passed the following order:-
"4. They have reiterated the inability to proceed with the disposal of the additional legacy waste found for want of sanction from the Commissioner of Municipality Administration in respect of which proposals had already been sent to them. This Tribunal in order dated 02.08.2021 in para 10 observed as follows:
"10) So under such circumstances, the Commissioner, Municipal Administration, Chennai is directed to consider the proposal (if any) submitted by the Nagapattinam Municipality for providing any administrative sanction cum financial sanction for carrying out the bio mining for the additional legacy waste that was accumulated in the area after Gaja Cyclone according to the municipality, as recommended by the joint committee. and also directed the Commissioner, Municipal Administration, Chennai as well as Additional Chief Secretary for Municipal Administration and Water Supply to consider these aspect and take steps for according administrative sanction and provide funds for this purpose. Even as per order dated 01.06.2021, this Tribunal had directed the higher officials to take steps to honour the undertaking given by the Chief Secretaries before the Principal Bench in O.A. No. 606 of 2018 with respect to implementation of Solid Waste Management Rules in their State. But in spite of these things, progress of Solid Waste Management Rules is going at snail's pace."
5. Learned Counsel appearing for Pollution Control Board submitted that if some time is granted, they will be able to file the status as well as further action taken report in compliance to the directions issued by the Principal Bench in O.A. No. 606 of 2018. Considering the circumstances, we feel that some more time can be granted to Nagapattinam Municipality as well as Pollution Control Board to file their further progress report and action taken report respectively to this Tribunal. They are Page 3 of 11 directed to file the respective report on or before 25.10.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
6. The Registry is directed to communicate this order to the members of the committee, Pollution Control Board, District Collector, Nagapattinam, Nagapattinam Municipality and also to Chief Secretary, State of Tamil Nadu, Commissioner Municipal Administration and Additional Chief Secretary, Municipal Administration and Water Supply for their information and give necessary direction to implement the direction issued by this Tribunal and also for proper implementation of Solid Waste Management Rules, 2016 in that Municipality in its letter and spirit as has been undertaken by the Chief Secretaries before the Principal Bench in O.A. No. 606 of 2018."
3. The case was posted to 25.10.2021 for consideration of further reports.
On 25.10.2021, it was adjourned to today by notification.
4. The Office is directed to rectify the mistake noted by us of not incorporating the report submitted by the 2nd Respondent in Para 3 of the order and then upload the corrected order today itself.
5. We have received the status report submitted by the Tamil Nadu Pollution Control Board signed by the District Environmental Engineer, Nagapattinam on 22.10.2021, e-filed on 16.11.2021 and received today (i.e.17.11.2021) which reads as follows:-
"STATUS REPORT IN CONNECTION WITH HONB'LE NATIONAL GREEN TRIBUNAL (SZ), CHENNAI ORDER DATED 09.09.2021 IN O.A. NO. 131 OF 2017 FILED BY THIRU. SYED MOHAMMED KALIFA SAHIB, NAGAPATTINAM VERSUS DISTRICT COLLECTOR, NAGAPATTINAM AND COMMISSIONER, NAGAPATTINAM MUNICIPALITY.
1. BRIEF OF THE O.A.NO.131 OF 2017 It is submitted that Thiru. Syed Mohammed Kalifa Sahib, Nagapattinam has filed an Application in O.A. No. 131 of 2017 before the Hon'ble NGT (SZ), Chennai against the following two respondents Page 4 of 11 regarding non-compliance of Solid Waste Management Rules, 2016 by Nagapattinam Municipality.
1) District Collector, Nagapattinam, and
2) Municipal Commissioner, Nagapattinam It is submitted that the Hon'ble NGT (SZ), Chennai in its latest order dated 09.09.2021 has directed as follows.
Learned Counsel appearing for Pollution Control Board submitted that if some time is granted, they will be able to file the status as well as further action taken report in compliance to the directions issued by the Principal Bench in 0.A. No. 606 of 2018. Considering the circumstances, we feel that some more time can be granted to Nagapattinam Municipality as well as Pollution Control Board to file their further progress report and action taken report respectively to this Tribunal. They are directed to file the respective report on or before 25.10.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
The Registry is directed to communicate this order to the members of the committee, Pollution Control Board, District Collector, Nagapattinam, Nagapattinam Municipality and also to Chief Secretary, State of Tamil Nadu, Commissioner Municipal Administration and Additional Chief Secretary, Municipal Administration and Water Supply for their information and give necessary direction to implement the direction issued by this Tribunal and also for proper implementation of Solid Waste Management Rules, 2016 in that Municipality in its letter and spirit as has been undertaken by the Chief Secretaries before the Principal Bench in O.A. No. 606 of 2018.
For consideration of further reports, post on 25.10.2021. "
Based on the above order of the Hon'ble NGT (SZ), Chennai, the officials of TNPC Board, Nagapattinam and Officials of Nagapattinam Municipality have inspected the MSW Processing Facility, Legacy Waste Processing Facility, MCCS and STPs on 20.10.2021 located at Nagapattinam Town and Nagore Town and the status report of TNPC Board is submitted as follows.
II. SOLID WASTE MANAGEMENT BY NAGAPATTINAM MUNICIPALITY Page 5 of 11 Nagapattinam Municipality is a selection grade Municipality having population of 102905 as per 2011 census. It consists of 36 wards. Municipality generates solid wastes of 32 Ton per day. Municipality has two solid wastes processing facility, one at Nagapattinam town and another one at Nagore town. The breakup details of solid wastes generation are tabulated as below.
1) Solid waste generation details in Nagapattinam Municipality III. DETAILS OF SOLID WASTE PROCESSING FACILITY IN NAGAPATTINAM MUNICIPALITY Out of 32 T/day of solid waste generation, 19 T/day is the compostable waste which is processed in the Micro Compost Centres (MCCs) and also Onsite Compost Centres (OCCs). The Municipality has two MCCs in Nagapattinam Town and one MCC at Nagore Town to process bio degradable waste generated from the nearby wards.
A) DETAILS OF MICRO COMPOST CENTRES (MCCs).
1) Micro Compost Centre (MCC-1):
The above MCC is located at existing MSW Processing facility at Nagapattinam with a capacity of 5 MT/Day. It covers 13 wards with household of 7581 Nos and population of 30733. During inspection, the MCC was under operation.
2) Micro Compost Centre (MCC-2):
The above MCC is located at back side of Government Hospital, Nagapattinam with a capacity of 5 MT/Day which was under operation during inspection. It covers 12 wards with household of 9125 Nos and population of 36381.Page 6 of 11
3) Micro Compost Centre (MCC-3):
The above MCC is located at Nagore Town with a capacity of 5 MT/Day which was also under operation during inspection. It covers 11 wards with household of 8075 Nos and population of 35791.
• Onsite Compost Centre (OCCs):
The Municipality has also provided Onsite Compost Centre (OCCs) at 6 locations in Nagapattinam Town and 2 locations in Nagore Town to process about 2 MT/Day of segregated bio degradable solid waste generated from the nearby houses.
• Utilization of manure and other wastes generated from MCCs: Manure generated from the MCCs are being sold to the local farmers/public for agriculture purposes. Plastic wastes segregated from the above MCCs are being sold to M/s. Ultratech Cements Pvt Ltd., Ariyalur for Co-incineration in Cement kiln for which Municipality has executed an agreement with them. The local body is maintaining the records for handling of solid waste.
B) DETAILS OF BIO - METHANATION PLANT:
Nagapattinam Municipality has provided Bio-Methanation Plant with a capacity of 5 MT/Day near to existing MSW Processing facility located at Nagapttinam Town. This plant was established in the year 2018 for the generation of electric power 300-350 KW/hr which will be used for their own purposes. The showcause notices were issued under the both Acts vide this office Proc. Dated 03.09.2021. The Commissioner has replied to the showcause notice and assured to submit the application shortly.
C) DETAILS OF BIO MINING PROCESSING FACILITY:
The Municipality has two bio mining processing facility to process the existing accumulated legacy waste. One is located at existing MSW Processing facility, Nagapattinam Town and another one is located at Nagore Town.
1) Bio-Mining facility at Nagapattinam Town:
The total legacy waste of 10852.77 Cum accumulated over an area of 8.20 acres, has been processed as on 20.10.2021 by the Municipality. The land in which entire legacy waste accumulated is found to be vacant.
In addition to the above, as per the revised survey of legacy waste, 20735 Cum is accumulated in the above premises. It was reported that Page 7 of 11 approval from Commissioner of Municipal Administration, Chennai is still pending and also informed that the bio mining of additional 20735 Cum of legacy waste will be carried out immediately after getting approval from Commissioner of Municipal Administration, Chennai.
2) Bio Mining facility at Nagore Town:
Out of 12360 Cum of legacy waste over an area of 2.86 acres, 6600 Cum has been processed as on 20.10.2021 by the Municipality. During inspection the Bio mining of legacy waste was under process. The local body has assured to process the remaining legacy waste of 700 Cum shortly. The major portion of the land in which legacy waste accumulated is found to be vacant.
• Utilization of materials recovered from Bio Mining process Bio earth generated from the bio mining process is used for land filling. The plastic and rubber waste recovered from the bio mining are disposed to M/s Dalmia Cements Ltd, Ariyalur for co-incineration in Cement kiln for which Municipality has executed an agreement with them.
• Progress on completion of bio mining process at Nagapattinam and Nagore From the above table, it was observed that 96.98% of legacy waste has been processed as on 20.10.2021 which shows that there was a fast progress on bio mining of legacy waste. The Commissioner, Nagapattinam Municipality has assured to process the remaining 3.02% of legacy waste shortly.
IV. DETAILS OF SEWAGE TREATMENT PLANT (STP):
The Municipality has installed two Sewage Treatment Plant (STP) at Nagapattinam and Nagore Town. The Municipality has completed the Page 8 of 11 underground sewerage system for 32 wards out of 36 wards and partially completed in remaining 4 wards.
1) STP at Nagapattinam Town:
The Municipality has already installed STP to treat the 9.63 MLD of sewage generated from Nagapattinam Town. Daily generation of sewage is about 3.90 - 4.20 MLD. The Municipality has obtained consent to operate under Water & Air Acts and the same is renewed upto 31.03.2020. During inspection the STP was under operation. The Local Body has applied for renewal of consent for the period 2021-2022 through online and inspection report has been submitted to the Corporate Office, TNPC Board, Chennai with the recommendation for considering the issue of renewal of consent.
2) STP at Nagore Town:
The Municipality has obtained Consent to Establish (CTE) under Water & Air Acts valid upto 31.03.2022 for the STP to treat 2.96 MLD of sewage generated from Nagore Town. The Municipality has installed the STP and commissioned since April 2021. During inspection the STP was under operation. The Local Body has applied for consent to operate for the period 2021-2022 through online and inspection report and note has been submitted to the Zonal Level Consent Clearance Committee for considering the issue of Consent to Operate to the STP.
V. CONCLUSION:
1) As per the Hon'ble NGT order, the Municipality has to complete the bio mining process on or before 31.03.2021. But it was observed that out of existing legacy waste of 23212.77 Cum, 22512.77 Cum (96.98%) has been processed as on 20.10.2021 and assured to process the remaining 3.02% of legacy waste shortly. It was observed that there was a fast progress on bio mining of legacy waste accumulated both in Nagapattinam and Nagore of Nagapattinam Municipality.
2) As per the revised survey of legacy waste by the Municipality, 20735 Cum waste is also available at Nagapattinam site.
3) The Municipality is yet to provide adequate vehicles and man power for the management of solid wastes generated from the Municipality.
Page 9 of 11VI. RECOMMENDATION:
1) Municipality has to complete the bio mining process of balance legacy waste of 700 Cum at the earliest as assured.
2) Administrative sanction shall be given early to the Municipality by Commissioner of Municipal Administration (CMA), Chennai to carry out the bio mining process of additional legacy waste of 20735 Cum available at Nagapattinam site.
3) Segregation of solid wastes at source shall be improved by providing adequate vehicles and man power.
4) The Nagapattinam Municipality shall apply and obtain Consent of the Board for the operation of Biomethanation plant immediately.
Submitted status report to the Hon'ble NGT (SZ), Chennai, please."
6. The learned counsel appearing for the Nagapattinam Municipality submitted that for doing further bio-mining of the legacy waste found, administrative sanction has been granted and if some time is granted, they may be able to complete the same. But, they have not filed any report to that effect. So, they are directed to file the report stating that the time line within which that can be completed.
7. When we posed a question to the counsel appearing for the Tamil Nadu Pollution Control Board as to whether the Nagapattinam Municipality has furnished the Bank Guarantee as directed by this Tribunal for non-compliance of the undertaking given, whether the Bank Guarantee has been forfeited or not, the learned counsel wanted some time to get instructions regarding the same and file a report in this regard.
Page 10 of 118. The Nagapattinam Municipality as well as the Tamil Nadu Pollution Control Board are directed to file their further reports as directed by this Tribunal on or before 30.11.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
9. The Registry is directed to communicate this order to the official respondents, Tamil Nadu Pollution Control Board and also to the Nagapattinam Municipality by e-mail immediately for their information and compliance of the direction.
10. For consideration of further status cum action taken report, post on 30.11.2021.
Sd/-
......................................J.M. (Justice K. Ramakrishnan) Sd/-
................................E.M. (Dr. K. Satyagopal) O.A. No.131/2017 (SZ) 17th November, 2021. Mn.
Page 11 of 11Item No.14:
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 131 of 2017 (SZ) (Through Video Conference) IN THE MATTER OF:
Syed Mohammad Kalifa Sahib ... Applicant(s) Versus The District Collector, Nagappattinam and Ors.
...Respondent(s) Date of hearing: 09.09.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER For Applicant(s): None appeared.
For Respondent(s): Dr. D. Shanmuganathan for R1.
Mr. P. Srinivas through Mr. N.K. Ponraj for R2.
Mr. Sai Sathya Jith for R3.
ORDER 1
1. As per order dated 02.08.2021, this Tribunal had considered the report submitted by the Joint Committee dated Nil, e-filed on 29.06.2021 and received on 14.07.2021 which was extracted in para 5 of the order and then passed the following order:
6) It is seen from the joint committee report that the bio-mining was done in respect of 10,117 Cu. M. out of 23,213 Cu. M. as on 25.06.2021 and the remaining legacy waste has to be processed by the municipality. Certain directions were also given by the joint committee to the municipality to comply with the same.
7) It is also mentioned in the report that apart from legacy waste, there is additional legacy waste of 20,735 Cu.M., which has been caused after Gaja Cyclone, also will have to be cleared by the Nagapattinam Municipality.
8) Further, it is also mentioned in the report that administrative sanction has to be given to the Nagapattinam Municipality by the Commissioner for Municipal Administration, Chennai to carry out the bio mining process for additional legacy waste of 20,735 Cu. M. available as well. The committee has directed the Municipal Commissioner, Nagapattinam Municipality to ensure that bio mining of legacy waste will be completed within six months.
9) It is not known as to whether the Nagapattinam Municipality has obtained any consent from the Tamil Nadu Pollution Control Board for the purpose of operation of sewage treatment installed in the Nagur Town.
10)So under such circumstances, the Commissioner, Municipal Administration, Chennai is directed to consider the proposal (if any) submitted by the Nagapattinam Municipality for providing any administrative sanction cum financial sanction for carrying out the bio mining for the additional legacy waste that was accumulated in the area after Gaja Cyclone according to the municipality, as recommended by the joint committee.
11)The Tamil Nadu Pollution Control Board as well as the Nagapattinam Municipality are directed to file their further action taken report and independent status report cum progress respectively to this Tribunal on or before 09.09.2021 by e-filing in the form of Searchable PDF/ OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules. 12)The Tamil Nadu Pollution Control Board is also directed to mention about the improvement that has been made by disposal of legacy waste and whether the Nagapattinam Municipality has complied with the directions of this Tribunal of furnishing Bank Guarantee as well while submitting the report.
13)The Registry is directed to communicate this order to the members of the committee, official respondents including the Nagapattinam Municipality, Chairman, Tamil Nadu Pollution Control Board and Commissioner, Municipal Administration, Chennai by e-mail immediately for their information and compliance of the direction.
2. Learned Counsel appearing for the Nagapattinam Municipality submitted that major portion of the legacy waste has been bio-
2mined and further waste lying in the dumpyard will be completed on or before 31.12.2021.
3. We have received the report submitted by 2nd respondent dated 08.09.2021, e-filed and received today which reads as follows:
3 4 54. They have reiterated the inability to proceed with the disposal of the additional legacy waste found for want of sanction from the Commissioner of Municipality Administration in respect of which proposals had already been sent to them. This Tribunal in order dated 02.08.2021 in para 10 observed as follows:6
10) So under such circumstances, the Commissioner, Municipal Administration, Chennai is directed to consider the proposal (if any) submitted by the Nagapattinam Municipality for providing any administrative sanction cum financial sanction for carrying out the bio mining for the additional legacy waste that was accumulated in the area after Gaja Cyclone according to the municipality, as recommended by the joint committee.
and also directed the Commissioner, Municipal Administration, Chennai as well as Additional Chief Secretary for Municipal Administration and Water Supply to consider these aspect and take steps for according administrative sanction and provide funds for this purpose. Even as per order dated 01.06.2021, this Tribunal had directed the higher officials to take steps to honour the undertaking given by the Chief Secretaries before the Principal Bench in O.A. No. 606 of 2018 with respect to implementation of Solid Waste Management Rules in their State. But in spite of these things, progress of Solid Waste Management Rules is going at snail's pace.
5. Learned Counsel appearing for Pollution Control Board submitted that if some time is granted, they will be able to file the status as well as further action taken report in compliance to the directions issued by the Principal Bench in O.A. No. 606 of 2018.
Considering the circumstances, we feel that some more time can be granted to Nagapattinam Municipality as well as Pollution Control Board to file their further progress report and action taken report respectively to this Tribunal. They are directed to file the respective report on or before 25.10.2021 by e-filing in the 7 form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
6. The Registry is directed to communicate this order to the members of the committee, Pollution Control Board, District Collector, Nagapattinam, Nagapattinam Municipality and also to Chief Secretary, State of Tamil Nadu, Commissioner Municipal Administration and Additional Chief Secretary, Municipal Administration and Water Supply for their information and give necessary direction to implement the direction issued by this Tribunal and also for proper implementation of Solid Waste Management Rules, 2016 in that Municipality in its letter and spirit as has been undertaken by the Chief Secretaries before the Principal Bench in O.A. No. 606 of 2018.
7. For consideration of further reports, post on 25.10.2021.
...................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Dr. K. Satyagopal) O.A.No.131/2017 9th September, 2021 AM.
Corrected as per order dated 17th November, 2021.
8