National Green Tribunal
P.Premkumar S/O. Paulchamy vs The Secretary To The Government, ... on 7 December, 2021
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.03: BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 80 of 2017 (SZ) & L.A. No.42 of 2019 IN THE MATTER OF: S. Prem Kumar S/o Paulchamy, Plot No. 26, Needhi Nagar, Othakadai, Madurai District. ...Applicant(s) Versus 1. The Secretary to the Government, Department of Environment and Forests, Government of Tamil Nadu, Fort St. George, Chennai. 2. The Secretary to:the Government, Public Works Department, Government of Tamil Nadu, Fort St. George; Chennai 3. The Tamil Nadu Pollution Control Board, Rep. by its Member Secretary, 76, Mount Salai, Guindy, Chennai -- 600 032. 4. The District Environmental Engineer, Tamil Nadu Pollution Control Board, SIDCO Industrial Estate, Kappalur, Thirumangalam Taluk, Madurai -- 625 008. 5. The District Collector, Madurai Collectorate Office, Madurai District, Alwarpuram, Madurai 625 020. 6. The Tahsildar, Adurai EastTaluk, Othakadai Madurai District. 7. The Executive Officer, Othakadai Panchayat, Madurai. 8. The Block Development Officer, Madurai East Panchayat Union, Othakadai, Madurai ....Respondent(s)
Date of Judgment: 07.12.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT. MEMBER For Applicant(s): Ms. J. Dayana represented Mr. T. Saikrishnan.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R5, R6 to R8.
Mr. S; Sai Sathya Jith for R3, R4.
Judgment
1. The above case -has been filed by the applicant stating. that the 7™ respondent/Othakadai Village Panchayat which is under the supervision of 8" respondent/Block Development Officer, Madurai East Panchayat Union is not complying with the Solid Waste Management Rules, 2016 in its letter and spirit.
2. According to the applicant, the Cremation.ground tsed by the public which is situated 15 meters from the applicant's residence was being used for dumping waste which includes both bio-degradable and non-biodegradable.
They are not properly disposing the same, occasionally whenever complaint of odour pollution was being raised, they were burning the same instead of disposing the same in a scientific manner as provided under the rules.
3. Further keeping the waste in an open ground for long duration without proper disposal depending upon the wind direction causes odour pollution affecting the health of the people living in the locality.
As per rule 4 (2) of the Solid Waste Management Rules, 2016 "No waste generated shall be thrown, burnt or buried on streets, open public spaces outside the premises or in the drain or the water bodies." On the basis of the complaints made to the Tamil.Nadu Pollution control Board (TNPCB), some officials from the Board had inspected the area and sent a letter dated 14.10.2016 to the 8" respondent directing them to stop the dumping and burning of waste in the Cremation ground, but in spite of that, they were continuing with the same. None of the procedure provided under Solid Waste Management Rules, 2016 were being.complied with by the Othakadai Village Panchayat. Since no strict action has been taken bythe. authorities to stop this practice, the applicant.had no other option, except to approach this Tribunal seeking the following reliefs:
"@).To direct the respondents No.3 to 8 to stop illegal dumping of municipal waste in the cremation ground. of Othakadai and restore the area.
(ii) To implement source segregation system and the solid waste management. system in accordance with the guidelines in this regard.
(iii) To pass such further orders as this Hon'ble Tribunal may deem fit and necessary in the interest of justice.
The respondents 7 and 8 have filed their counter statement stating that in the Cremation ground at Othakadai, they are doing segregated Solid Waste Management. But the allegation that no such management was done by the Panchayat is not correct. By obeying the order of this Tribunal, they 3 stopped the dumping of the waste and occasional burning of the same from the date of Interim order of the Tribunal namely, 20.04.2017. Upon receiving the orders of the Tribunal, then Block Development Officer sent a requisition letter dated 19.06.2017 to the 6" respondent requesting a suitable place for shifting the segregated Solid Waste Management process since, the Othakadai Village Panchayat is being heavily populated and near to the Madurai Corporation, there is no suitable place available for shifting of the above said process.
Thereafter on 20.06.2017 then Block Development. Officer also sent a similar request tothe Assistant Director of Panchayat, Madurai, but no reply was received from them so. far:
Since the local people were agitating on the issue, a Peace Meeting was held on 26.09.2017 and somehow settled the issue. On the basis of the requisition made by the Panchayat official to the 6" respondent for allotting a suitable place for segregating the Solid Waste Management purpose, by letter dated 27.10.2017; they received a reply fromthe 6" respondent that they had issued a diréction to the Revenue Inspector to search for a suitable place nearer to the Revenue.village within the area and assured that they would intimate the fact of finding a suitable place immediately. The process of shifting and disposal of segregated Solid Waste Management had been started already and it was under process. They are waiting for the allotment of the suitable place. by the Revenue department and if the suitable place has been made available, immediately they would be shifting the same. So they prayed for passing appropriate orders accepting their contentions.
As per order dated 20.04.2017, this Tribunal had passed an Interim order against the respondents 7 and 8 restraining them from dumping garbage and Municipal Solid Waste and burning of the same in Othakadai Cremation 4
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ground until further orders. Thereafter, the matter has been adjourned from time to time for completion of pleadings. On 10.01.2020, this Tribunal considered the application filed by the applicant as I.A. No. 42 of 2019 (SZ) for taking action against the respondents 7 and 8 for violating the orders passed by this Tribunal alleging illegal dumping in spite of directions issued by this Tribunal restraining them from doing the same.
This Tribunal also considered the various directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and then constituted a Joint Committee consisting of (1) District Collector, Madurai District, (2):<Tamil Nadu Pollution Control:. Board. and (3) Block Development. Officer, Othakadai: Village. Panchayat to inspect the area in question and submit a factual as well as action taken:report in this regard. The committee was directed to go.into the question and submit.a report as to whether directions given*by the Principal Bench of National Green Tribunal in this regard in Original Application No.:606 of 2018 have been complied with by.the local bodies and if not, to what extent it was being complied with and what:is the action is taken for ire plenietiting the same. If there is any violation, what.is the nature of nature of action taken against the erring local bodies. They were also-directed to assess the environmental compensation for the damage caused to the environment, if any, on account of the illegal dumping said to be going on in that area and burning of the waste and the case was posted to 25.02.2020 for that purpose. The Executive Officer of Othakadai Gram Panchayat was also directed to submit a status report regarding the steps taken by them for implementing the Solid Waste Management Rules, 2016 in tune with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018. Thereafter, the matter has been adjourned from time to time by successive notifications as no report has been filed.
511. On 14.08.2020, the matter was taken up and considered the Joint Committee report filed through e-mail dated 13.08.2020, extracted in Para (6) of the order which reads as follows:
"Report of the Committee constituted as per the orders of the Hon'ble National Green Tribunal, Southern Zone, Chennai, Dt. 10.01.2020 on the Original Application No.80 of 2017 (SZ) & M.A. No. 42 of 2019 The Hon'ble National Green Tribunal, Southern Zone, has issued the following direction in the order dated 10.01.2020 on Original Application No. 80 of 2017 (SZ) & M.A..No.42 of 2019 filed by applicant Thiru. Prem Kumar, regarding the indiscriminate and unscientific manner of dumping of garbage and plastic waste in cremation ground at Othakadai, Madurai District.
e Constitute a committee consisting of District Collector, Madurai, Tamil. Nadu Pollution Control Board and Block Development Officer, Othakadai Panchayat to inspect the area and submit a factual and action taken report.
e The Executive Officer' of..Othakadai Gram Panchayat is.also directed to submit a status report regarding: the steps taken by them for implementation of Solid Waste Management Rules, 2016 in. tune with the direction: given' by the Principal Bench, National Green Tribunal, New Delhi in Original Application No. 606 of 2018.
e The committee is also directed to»go into the question and submit a report as to whether directions given by the Principal Bench of this Tribunal.in this regard have been complied with and if any action has been taken in implementing the same. If there is any violation, what ts the action taken against the erring bodies.
e The committee is also directed to assess the Environmental Compensation for the damage caused to the environment if any on account of the illegal dumping said to be going on this area.
In pursuance to the above direction of Hon'ble National Green Tribunal, the area in question was inspected by the committee on 12.08.2020 and submitted that the following:
It was ascertained during inspection that the site is located at S.F. No.88/2, Rajakamberan of Othakadai Village, Madurai East 6 Panchayat Union of Madurai District. The site is still being utilized as a common graveyard for the locality, two cremation sheds are also situated within the site. It was reported by the local president that site is being used as graveyard more than 10 decades. Habitations are developed around the graveyard site in recent years.
Othakadai Panchayat has total population of 28000. The solid wastes collected by the local body from the households, market, commercial establishments, etc. in that locality were dumped in the graveyard site. A shed has also been established within the premises for the purpose carrying out bio composting from the segregated bio-degradable solid waste, but it is not under use at present. | The Hon'ble National Green: Tribunal: (SZ);<in. the order dated 20.04.2017 on the application No.80 of 2017 filed by the applicant has issued order for interim stay against 7" respondent, the Executive Officer -- Othakadai Panchayat,' and .the 8"
respondent the Block Development Officer.-- Othakadai, from dumping. of garbage and municipal Solid Waste or burning the same in Othakadai Cremation Ground until further order of the Tribunal. . Jt was observed during inspection. that no fresh municipal. solid waste was dumped in the site. .Further, it was ascertained that no burning of municipal solid waste which had already. been dumped in the sites It was reported | by the representative of the local president that the dumping of municipal solid waste was completely..stopped at the site is in question. However, the heaps of earlier dumped solid waste exists in the site and the same has not been removed.by the local body.
The Tamil Nadu Pollution Control Board in the letter dated 27.02.2020, 06.03.2020 & 15.05.2020 addressed to the Block Development Officer, Othakadai Panchayat has requested to furnish report on steps taken by Othakadai Village Panchayat for implementation of Solid Waste Management Rules, 2016 in tune with the directions given by the Principal Bench, National Green Tribunal, New Delhi in Original Application No.606 of 2018. In this regard the Block Development Officer, Othakadai Panchayat in the letter dated 23.07.2020 has informed that as per the orders of the Hon'ble National Green Tribunal the disposal of municipal solid waste was stopped. The solid waste collected from the Othakadai Panchayat is being dumped in a Government land at Palaniyayee 7 Nagar of Othakadai. Further it was reported by the Block Development Officer that they have proposed to provide Micro Compost Centre for the Solid waste Management.
The site is in question in premises of graveyard of othakkadai was utilized by the Othakkadai panchayat for the dumping of Municipal Solid Waste more than 8 years. Vermi Composting facility has also been established & operated even before the enforcement of Solid Waste Management Rules 2016 but the facility is not under operation at present.
No burning of solid waste or odour or effluent was noticed in the accumulated solid waste site during inspection. However the accumulated Solid Waste. within the premises needs treatment by adopting the suitable technology including bio mining and bio remediation.so that the Environmental damage likely.to occur due to accumulated Solid Waste could be avoided in future. Meanwhile the local body has to implement the Solid Waste Management Plan including treatment and disposal of accumulated.Solid Waste at _Othakkadai in a suitable site.
The Central Pollution. Control Board, Delhi.has briefed the methodology for assessing Environmental Compensation where the CPCB has listed instances namely a,b,c,d,e.& f for. taking cognizance of case fit for violation and levy: environmental compensation. According to the instances d,e & f the environment compensation contain two parts. The first one requires providing immediate relief and*other...long-term:.measures such as remediation. In such cases,'detailed investigation is required from the expert institutions' organization to decide environmental compensation. The.dump Site.is.in.existence.more.than.8 years and the real damage caused to the environment if any, due to the dumping of solid waste and the..measures to be carried out for remediation will be assessed by engaging expert institutions/organization to decide environmental compensation as per the methodology envisaged by the CPCB. Hence the environmental compensation required if any may be assessed by engaging an expert institution/organization in this case."
12. After considering the same, this Tribunal had passed the following order:
"7. It is seen from the report submitted by the committee 8 that there is no proper disposal of legacy waste and no steps have been taken to remove the waste as required under the Solid Waste Management Rules, 2016.
8. It is also mentioned that they have not complied with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 as well and they want the assistance of an expert body to assess environmental compensation.
9. The learned counsel for the applicant submitted that he received the report yesterday and they want to file objection to the same.
10 There is no representation for the local body namely 7" respondent who are expected to comply with the provisions of the Solid: Waste Management Rules, 2016.
11 The Pollution Control Board has issued a guideline as to how.the compensation has to be calculated in. such 'cases on the basis of the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 in case of violation.
12 Further, if the committee wants any expert assistance for that purpose, they are at liberty to co-opt any person and take steps toassess the environmental compensation 'and. if anyremediation is required on account of any contamination caused on account of the long time dumping of the waste in that area without..proper treatment, then..they..will..have to mention remedial measures also to be taken to rectify the same.
13 So under such circumstances, we direct the committee to co-opt any expert member of their choice for the purpose of assessing environmental compensation and also suggest the remedial measures after ascertaining as to whether any contamination of soil and water has been caused on account of dumping and non-disposal of waste in a scientific manner in that area by the seventh respondent.
14 Seventh respondent is directed to come with a proper action plan for the disposal of the legacy waste in the 9 dumping ground which causes danger to environment, otherwise they will have to pay a huge environmental compensation and even otherwise they are liable to pay environmental compensation as the time line fixed by the Principal Bench of National Green Tribunal, New Delhi for complying with Solid Waste Management Rules, 2016 has expired by 31.03.2020.
15 The Pollution Control Board is directed to take steps to impose environmental compensation on the basis of the direction issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.
606. of 2018.
16 The Committee is directed to submit a further report as-directed to this Tribunal on or before: 27.10.2020 by e-filing.
17 The Office is also directed to. issue notice to the seventh respondent along with the copy.of the order 'through e-mail.
18:The Registry is directed to communicate this order to _the members of the committee so as to enable them to comply with the.direction.
13. The case was posted to 27.10.2020 for consideration of further reports. The matter was again taken up on 06.11.2020 and on that day this Tribunal had.recorded:. the submissions made by the learned counsel appearing for the applicant that. the dumping was still going on without taking any steps for disposing of the same causing untold hardships to the people in the locality. So, this Tribunal had directed the Tamil Nadu Pollution Control Board (INPCB) to inspect the area in question and submit a status report of dumping ground in dispute and if there is any violation and non compliance of the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018, impose environmental compensation as directed by the Principal Bench for non compliance of the direction on or before 31.03.2020 and submit a report.
1014. The 7" respondent also directed to submit an independent report regarding the compliance of the directions issued by the Principal Bench of National Green Tribunal, New Delhi. The case was posted to 18.12.2020 for that purpose. The matter was taken up on 11.01.2021 and considered the report submitted by the Tamil Nadu Pollution Control Board (TNPCB) signed on 14.12.2020, received on 18.12.2020, extracted in Para (4) of the order which reads as follows:-
"STATUS REPORT AS PER THE ORDERS OF THE HON'BLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI, ON THE ORIGINAL APPLICATION NO.80 OF 2017 (SZ) & IA.NO.42 OF 2019 IN THE MATTER... OF « INDISCRIMINATE DISPOSAL OF" :GARBAGE IN THE GREMATIOQN GROUND AT OTHAKADAI, MADURAI DISTRICT.
The Hon'ble National Green Tribunal, Southern Zoné: has issued the following directions in the order dated 14.08.2020 on Original Application No: 80 of 2017 (SZ) & 1.A.No.42 of 2019 filed by applicant Thiru, Prem Kumar, régarding indiscriminate.and unscientific manner of dumping of garbage and plastic waste in cremation ground at Othakadai, Madurai District.
We direct the committee to*co-opt any expert member of their choice for the purpose. of assessing environmental compensation and also suggest the rémedial measures after ascertaining as to. whether.any contamination of soil and water has been caused on account of dumping and non-disposal of waste in a scientific manner in that.area.by..the seventh respondent. (The Executive Officer, Othakadai Panchayat) Seventh respondent is directed to'come. with a proper action plan for the disposal of the legacy waste in the dumping ground which causes danger to environment, otherwise they will have to pay a huge environmental compensation and even otherwise they are liable to pay environmental compensation as.the time line fixed by the Principal Bench of National Green Tribunal, New Delhi for.complying with Solid Waste Management Rules, 2016 has expired by 31.03.2020 The Pollution Control Board is directed to take steps to impose environmental compensation on the basis of the direction issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.606 of 2018.
The committee is directed to submit a further report as directed to this Tribunal on or before 27.10.2020 by e-filing.
As per the above directions issued by the Hon'ble NGT, the committee has included the Professor and Head, Department of Soil and Environment, 11 Agriculture College and Research Institute, TamilNadu Agricultural University, Madurai to co-opt in the Joint Committee on 15.09.2020 for the purpose of assessing environmental compensation and the remedial measures to be carried out after ascertaining as to whether any contamination of soil and water has been caused on account of dumping and non-disposal of waste in scientific manner.
In order to ascertain the environmental damage caused if any, the dump site of Othakadai Village was inspected by the committee along with the Expert Member on 21.09.2020,..During inspection, the ground water and soil samples were collected in and around legacy waste dump site of Othakadai Village Panchayat and sent to the Department of Soil and Environment Laboratory, Tamil Nadu Agricultural University, Madurai for analysis.
The Block Development Officer, Madurai East panchayat Union in the letter dated: «16.09.2020, addressed to the Commissioner, Madurai Corporation has requested to collect the waste accumulated in the dump site of Qthakadai panchayat for proper disposal at Municipal solid waste processing facility located at Vellakkal.
The Hon'ble NGT has issued the following directions inthe order dated 06/11/2020, The Tamil Nadu Pollution Control Board (TNPCB) is directed to inspect the area in question and submit a status report of the dumping ground in dispute and. if there is any violation and non compliance of the directions issued by the Principal Bench of National Green Tribunal:in:O.A. No. 606 of 2018, then. impose..environmental compensation ..as directed by the Principal Bench:.for, non compliance of the direction on or before 31.03.2020 and submit'a:status:report.and also the action taken for the violation committed by the.7th, respondent.
The 7th respondent, panchayat is also directed to submit a status report regarding the implementation of the Solid Waste Management Rules, 2016 in their panchayat and also disposal of the waste generated and collected in their area and the status of dumping ground, quantity of legacy waste un-disposed and time réquired for disposal of the same before the next hearing date.
The Tamil Nadu' Pollution Control Board (TNPCB) as well as the 7th respondent/panchayat are directed to submit action taken report and the status report respectively on or before 18.12.2020 by e-filing along with necessary hardcopies to be produced as per Rules.
If the 7th respondent does not file the status report as directed, then the Executive Officer of the 7th respondent, Othakadai Panchayat and the Block Development Officer of that area have to appear before this Tribunal through Video Conference and to explain as to why action should 12 not be taken against them for non implementation of the Solid Waste Management Rules, 2016 in their area.
report of analysis of Soil and water samples was received from Department of Soils and Environment, Agriculture College and Research Institute, Tamil Nadu Agricultural University vide letter dated 05.11.2020 (Annexure I). The Professor and Head (The Expert Member), Department of Soil and Environment, Agriculture College and Research Institute, Tamil Nadu Agricultural University, Madurai has furnished the inferences on both soil and water samples.based on the Report of Analysis vide his letter dated 04.12.2020 as:follows (Annexure ID.
Soil: It is observed that pH of the soil is from 6.5 and 7.0 and it is neutral range except soil sample No. 2 (moderately acidic). The Electrical Conductivity (EC) is in the range of 0.03 to 0.79 dSm"™ (19.2 - 505.06 ppm salt) which is < 1.0 dSm'. So, the soil has no salt accumulation. The heavy metal content of the. soil (Ni, Ph & Cd) are below detectable level and therefore soil can be used for,cultivating crops and.grasses.
Water: The analytical data of water samples revealed that all the quality parameters are within the permissible limit.as per IS 10500:2012. Further all the heavy metals which have been analysed in the bore well are below detectable level. Hence there is no.contamination due to. dumped waste. The legacy waste dump site of Othakadai Village Panchayat was inspected on 01.12.2020 and noticed..that the dump site was found to be vacant Jand (photographs enclosed in the Annexure IID...A letter hasbeen addressed 'to The Block Development Officer, Madurai: East Panchayat Union to furnish the quantity of legacy waste removed:from the efemation yard of. Othakadai..Panchayat and "its .disposal: vide this office letter 02.12.2020 (Annexure IV).
The Block Development Officer, Madurai East Panchayat Union in the letter dated 08.12.2020 received:.in_ this office through E-mail dated 14.12.2020 stated that the legacy waste accumulated were safely transported and kept in private lands. at Idayapatti Panchayat and Kodikulam Panchayat with the concurrence of land owners (Annexure V). In this regard, the Block Development Officer, Madurai East Panchayat Union has been addressed to furnish the action plan for proper disposal of legacy waste dumped in private lands' at Idayapatti Panchayat and Kodikulam Panchayat as per Solid Waste Management Rules, 2016 vide this office letter 14.12.2020 (Annexure VI."
15. Thereafter, this Tribunal had passed the following order:-
5. "Even in the status report, they have only mentioned that the waste that has been dumped in the burial ground has been removed and now it is being dumped in a private land with the concurrence of the land owner. But they have not 13 mentioned as to whether the waste that has been dumped in the dispute site is properly segregated and disposed of in a scientific manner. This Tribunal can dispose of the matter as the grievance in this application is regarding the dumping of solid waste in a burial ground which is not permissible and which has now been removed to another area. However, this will not resolve the issue permanently as they have merely shifted the dumping from one place to another place and disposal is not going on as required under the Solid Waste Management Rules, 2016.
6. Though, the Block Development Officer, Madurai East Panchayat Union and also the concerned Panchayat namely, Othakadai Panchayat were directed to file their action plan regarding disposal of the legacy waste and'also:the manner in which the waste generated are being disposed of by them but they have not come with any specifie report as directed by this Tribunal so far.
7. When this was pointed, the learned counsel appearing for the.local body submitted that if some time is granted, they will come with a proper report... We are not satisfied with the manner in which the:Government authorities are dealing with such issues of great importance, especially when the Principal Bench.has taken pain in issuing periodical directions for implementing the Solid Waste Management Rules, 2016 on a PAN India basis which is being monitored by this Tribunal in individual cases wheré«such issues have been brought to the notice of this Tribunal. That much interest is not being shown by.the State Government departments. including the regulators in implementing the rules which are intended for protection of the environment.
8. However, considering the circumstances, we feel that one more opportunity can be given to the local bodies to submit their respective reports as directed by this Tribunal.
Otherwise, this Tribunal will be compelled to initiate action against them as contemplated under Section 25 & 26 of the National Green Tribunal Act, 2010, apart from making them to appear before this Tribunal to explain as to why an action should not be taken against them for non-compliance of the direction.
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9. The Pollution Control Board is also directed to submit a detailed report as directed by this Tribunal in the earlier orders regarding the action taken for non-implementation of the Solid Waste Management Rules, 2016 against these local bodies and also for non-compliance of the directions issued by the Principal Bench of National Green Tribunal in O.A. No.606/2018 before the next hearing date.
10. The Block Development Officer, Madurai East Panchayat Union as well as the Othakadai Panchayat, Madurai District are also directed to submit their independent status report regarding the implementation of the Solid Waste Management Rules, 2016 in respect of disposal of the legacy waste already dumped in the private land as mentioned in the status report submitted: by the Pollution Control Board, 'after-removing the same from the disputed burial ground and also as to how they are collecting, segregating and disposing the waste generated in that area in their respective jurisdictions and whether they have complied with the directions issued by. the Principal Bench of National Green Tribunal in O.A. No.606 of 2018 before the next hearing date.
1]. The.above local.bodies and the Pollution.Control Board are directed' to submit their respective reports to this: Tribunal on or before 24.02.2021 by e-filing in the form of Searchable PDF/OGR Supportable PDF and*not in the form.of Image PDF along with necessary hardcopies tobe produced as per Rules.
12. The Registry is directed to communicate this order to the Pollution Control Board as well as to the Block Development Officer, Madurai East ..Panchayat Union..and..also to the Othakadai Panchayat,' Madurai. District and the Chief Secretary, State of Tamil Nadu.by.e-mail immediately so as to enable them to comply with the direction.
The case was posted to 24.02.2021 for consideration of further status Thereafter, the matter has been adjourned from time to time for submission of the report either by notification, or at the request of the official respondents. The matter was taken up on 07.06.2021 and the matter was again adjourned to 06.07.2021 for consideration of further report. On 06.07.2021, this Tribunal had considered the previous orders passed and 15 expressed its displeasure regarding the manner in which the regulators were functioning without complying with the directions issued by this Tribunal. The matter was taken up on 21.09.2021. On that day we have received the report submitted by the 7 respondent dated 28.07.2021 which was extracted in Para (2) of the order which reads as follows:-
"REPORT SUBMITTED ...ON THE SIDE OF THE 7TH RESPONDENTS Brief fact of the case:
The applicant has filed the above case against the respondents seeking relief to direct the respondents 3 to 8 to stop illegal dumping of Panchayat board waste in the cremation ground of othakadai and restore. the.area and to implement source segregation system and the solid waste management system in accordance with the guidelines. When the matter came up for hearing on 06.07.2021 through: video conferencing this Honourable court has. directed the.respondents to file a report to this Tribunal on or before 29.07.2021 'by e-filing in the form of searchable PDF/OCR supportable PDF and not in the form of.Jmage PDF along with necessary hardcopies to be produced as per Rules. As per the direction of:this court the report has been submitted.
The details of the report are.as follows:
(1). When:the appeal .has been earlier. listed on 20.04.2017, this Honourable court has passed an interim order of stay against the 7th and 8th respondents. from:dumping garbage:and panchayat board solid waste or burning the same in Othakadai cremation ground until further orders from this Tribunal.As° per the direction of this Honourable court, from that date onwards there is no dumping of the panchayat board waste in the cremation ground of Othakadai.
But till date there is no wastage dumped in the disputed land.
(2) The dumped wastage in the cremation ground has been taken off and sorted 'out the decompose and non decompose item at Sakkimangalam MCC unit. And there is no dumping waste in the disputed land. The photo copy of the removal of the wastage as well as the report of the disposal of the wastage has been enclosed herewith for reference. The block Development officer Madurai East constituency has inspected the premises and acknowledged the completion of the work done by the othakadai Panchayat.
(3) Apart from that the MMC unit as well as recycling of the plastic into granules unit has also been set up in that place and the 90% work was completed and Electricity connection was applied and once 16
18.
19. The. Executive Officer, Othakadai Village Panchayat:.had also. produced certain photographs showing how. the disposal of waste was being managed the electrification work is completed, the process of disposal of the waste as per solid waste management system has started in that place. But due to the pandemic situation, the work has been delayed.
(4) The Othakadai panchayat is taking steps to engage private agencies who are well versed in disposal of solid waste management to train the panchayat employees to segregate the wastage as well as to dispose the same into Manure and plastic Granules.
(5) The Othakadai Panchayat-is.taking steps to create an awareness programs to the public to separate the decompose and non decompose waste in their house for the effective functioning of the solid waste management system.
There is no violation of the interim order passed by this Honourable Court and the entire work for the disposal of the waste in the Othakadai.Panchayat has. been. done.as per the norms.fixed by the Solid' waste management system. The relevant, documents in connection with thé: above have been filed for the immediate reference of this Honourable court.
Dated at.Madurai this the 28th day of July 2021."
by them.
Thereafter, this Tribunal had passed the following order:-
3.
"The learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that they have filed a report during July-2021, but office informed that no such report has-been received.
It may be mentioned here that grievance in this application is regarding non-implementation of the Solid Waste Management Rules, 2000 in the 7" respondent panchayat and further, the grievance was that waste generated in that panchayat is being dumped in the burial ground causing untold hardship to the people. This Tribunal by interim order restrained them from dumping further waste in the disputed land. As there were certain allegations made by the applicant that they are still dumping the waste, in order to ascertain these facts, we have directed the Pollution Control Board and the other officials to file independent reports in this regard.
The learned counsel appearing for the Pollution Control Board submitted that in the dispute land, huge quantity of legacy waste is still pending. Though they have constructed micro composting unit, it 17
20. is not made functional, thereby the entire legacy waste viz., 150 Tonnes is still lying there. It is mentioned in the report submitted by the Block Development Officer, Madurai East Panchayat Union that out of 2,300 Tonne legacy waste, about 2,277 Tonne has already been shifted and they also disposed of the recyclable waste by transferring the same to the recycling units. For the purpose of establishing the micro compost centre, an amount of Rs.24 Lakhs has been sanctioned and due to intervention of Corona Virus, they are not able to complete the work, but they may.be able to.complete within one month. The letter addressed by the BDO to the District Environmental Engineer, Madurai signed on 20.07.2021 was annexed with the report which is in Tamil.
6. The Tamil Nadu Pollution Control Board is directed to inspect the area in question and ascertain the:present status and'file:a detailed report, as in the report submitted by the BDO on 20.07.2021 it is stated that micro compost centre will be put to use within one month.
7. The learned counsel appearing for the Pollution Control Board is also directed to verify from the office regarding the report said to have been filed. during July-2021 and if there is any defect, cure the defect and re-file the same.
8... The applicant is at liberty.to file their objection to the report submitted by the Block Development Officer, Madurai East Panchayat Union as well.as to the local body before the next hearing date. _
9. They are directed:to submit the further report to this Tribunal on or before 07.10.2021 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.
10.The Registry is directed to communicate this.order.to.the Chairman, Tamil Nadu Pollution Control Board, Block Development Officer, Madurai East Panchayat Union, Othakadai Panchayat, Madurai District and also to the Additional Chief Secretary for Municipal Administration and Water Supply, Director of Rural Development and District Collector, Madurai District by e-mail immediately for their information and also for taking action against those persons who have not complied with the directions of this Tribunal and to see that the reports called for are being filed before the next hearing date." The case was posted to 07.10.2021 for consideration of further reports. The matter was taken up on 11.11.2021 and reiterated the 18 order passed by this Tribunal on 21.09.2021. Thereafter, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board (TNPCB) dated 28.07.2021, e-filed on 08.10.2021 and d on 28.10.2021, extracted in Para (12) of the order which reads recelve as follows bit 7 iL ote, 19 & e & QB oe B
-~ EC fe OE BT 2 ~~ ££ & ee teed tot ih is i fee es Ags wg oe a tee Se a se 5 es 7 "~ & * he, Gon 4y a @ a e 1 "3 B + & "a oh fg & me 2 @ Fos g fh. a 4 "0, i G oa . " 6 bes ; a os w Go 4 & ae C3 ian i oa if oa mG wo da vee, ee & y oe ie cn ae von £ g ie jan a a r oye i eh ree rr Cae a te ES & mi ed . ka OE " aff ee ge Cs cn oe to GK gn 5 Ee @ :
Gs & f 2 2 € "eC i st @ ee AG Sy & 82 8 & bs e ne 5 a Ee Og F G 8 8 & i a bo a a 3 a aS oe A i) "8 Ma ES 5 i fore {3 se wm Be, oe oO vara fg Foy f @ & & wh . ay G % & ww 2 & + & € & 6 6 © £ ' te oa & ay tae a" ; 4 tn oe 2 o 7 ch C3 ce "aes ape. ben eG 'ed as ros B a 4 «~e . yer ke oon " ro a fi a mp ee hae So Son Jd 74 es en eG CG ae ot oe Oo Bo 6 kes Ce om, BB "4 Ch se va we a i QB -m Oo ££ fo a & G i te "a tS 8 re 4 fa G & & Sh e) x mo 6 "14. It is seen from the report that the legacy waste is still lying 20 there and though the micro-compost yard has been established, the same has not been made.functional.. When we pointed out that the private area has been redressed, whether the case can be disposed of, the counsel representing the counsel appearing for the applicant to the applicant to file their objection to the report submitted by wanted some time to file objection to the report submitted by the
15. The matter is of the year.2017. This Tribunal cannot go on expanding its scope beyond a particular time and if some action has been taken and carried out by the local bodies, then it can be directed to be monitored by the regulators and if there is any violation or non-compliance for directing them to take action and
16. However, considering the request made by the counsel appearing for applicant submitted that if short time can be granted grievance of the applicant that .the..waste is being dumped in a Tamil Nadu Pollution Control Board (TNPCB).
This Tribunal:also considered the further report signed by the Joint Chief with that direction, the application can be closed.
Environmental Engineer on 22.10.2021,..e-filed on 25.10.2021 which in fact in the same report extracted in Para (12) the order but extracted again in Para 13 and then passed the following: order:-
21.
the Tamil Nadu Pollution Control Board (TNPCB) and get ready with the matter on next hearing date.
22. The case was posted to 30.11.2021 for objections, (if any) to the report and also for hearing.
23. It is seen from the report submitted by the Tamil Nadu Pollution Control Board (TNPCB) that the waste that was dumped in the burial ground had been removed. But instead, Micro Compost yard has been established there, but it was not commissioned.
24. It is also seen from:the report that now the waste generated from Othakadai Village Panchayat is being transported to Vowval Thottam which is away from the Othakadai Village Panchayat. However, it is seen from, the reports that the disposal of the waste is not being carried out in accordance with the provisions of Solid Waste Management Rules, 2016. However, the grievance of the applicant has been redressed. by shifting the same to.some other place. We feel that the application can: be disposed of by giving further directions to. the regulator to see that the provisions .of. Solid Waste Management Rules, 2016 are strictly implemented in accordance. with the rules and also:as directed by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018. So the application is disposed as follows:
(i) Since the.grievance..of the. applicant.that.the waste is being dumped in the burial ground and it is not being disposed properly in accordance with the rules has been redressed by removing the waste dumped there to some other place, namely at a place called 'Vowval Thottam' there is nothing survives as regards the applicant is concerned in the matter.
(ii) However, it is seen from the reports that the Solid Waste Management Rules, 2016 and the directions of the Principal Bench of National Green Tribunal, New Delhi in Original 21
(iii)
(iv)
(v) Application No. 606 of 2018 were not complied with. We direct the Tamil Nadu Pollution Control Board (TNPCB) to take appropriate action against the erring local bodies strictly in compliance with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 after complying with the procedure provided for passing appropriate orders in this regard.
The Othakadai Village Panchayat is directed to maintain the Micro Compost Yard which they proposed to operate in the disputed dumping ground in a scientific. manner without causing any nuisance to the people in the locality, as if the Micro Compost Yard is not properly maintained, it, will create more problem to the. people in the locality though such facilities can be.established in public places like park and burial ground etc., as held by the Hon'ble High Court of Madras with directions and observations made. therein.
The Tamil: Nadu Pollution Control Board (TNPCB) is directed to inspect the.Micro Compost Yard if it is commissioned to ascertain as to whether it-is being properly maintained and if not, they are directed to take appropriate action against the Othakadai Village Panchayat for not operating the same in a scientific manner as it is required.
If the legacy waste dumped in the present dump yard is not disposed of in a scientific manner, then the Tamil Nadu Pollution Control Board (TNCPB) is directed to take appropriate action against them for non compliance of the directions issued by the Principal Bench of National Green Tribunal in this regard including imposition of environmental 22
(vi) (vil)
(viii)
(ix) compensation as directed and to take steps to recover the amount from them.
The District Collector, Madurai District, is directed to carry out his responsibility as required under Rule 12 of the Solid Waste Management Rules, 2016 and take action against the local bodies, if they are not.strictly complying with the rules and if there is any difficulty for them in carrying out the same, the District Collector, Madurai District is directed to take appropriate steps to provide necessary solution and see that the rulesare strictly implemented in Othakadai Village Panchayat. The Principal. Secretary for Rural Development.and Panchayat Raj:and the Director, Rural Development and Panchayat Raj are directed to look into the issue and see that the Solid Waste Management Rules,..2016 are strictly. implemented in Othakadai Town'Panchayat as required.under the Solid Waste Management Rules, 2016 and..as..directed by..the Principal Bench of.National Green Tribunal, New Delhi in Original Application No..606 of 2018 and if any technical or financial or administrative sanctions are required for that purpose, they are directed to look into the issues personally and see that it is being implemented in its letter and spirit.
Considering the circumstances, the legacy waste has been shifted from the burial ground, we don't think there is any necessity to impose any punishment for non compliance of the directions issued by this Tribunal and any coercive orders to be passed in I.A. No. 42 of 2019 (SZ). So LA. No. 42 of 2019 (SZ) _ is closed.
The Tamil Nadu Pollution Control Board (TNPCB),District 23 Collector, Madurai District and Block Development Officer in charge of Othakadai Village Panchayat are directed to file their periodical compliance reports of implementation of the Solid Waste Management Rules, 2016 in that Panchayat till it is achieved cent percent in the Panchayat on a quarterly basis, which includes the action taken for disposal of the legacy waste and operation of the Micro Compost Yard and other Waste management facilities and also action taken for non compliance of the same.
(x) The office is directed to place the report as-and when received before this Bench:for consideration.
(xi) _ Considering the circumstances, the parties are directed to bear | the respective cost in the application.
(xii) The Registry isdirected.to communicate this order to the District Collector; Madurai District, Chairman, .Tamil Nadu Pollution Control Board (TNPCB), Block Development Officer, Madurai Panchayat Union and..also to the Principal Secretary for Rural Development and Panchayat Raj and the Director, Rural Development and Panchayat Raj for their information and compliance of.the direction.
25. With the above observations. and. directions, the application is disposed of.
bosseecessceceesuuuauseeeeseceeeesssseecess J.M. (Justice K. Ramakrishnan) Sd/--
seceueceaecceeceeseseanseaesonseseeeeeaes E.M. (Dr. Satyagopal Korlapati) O.A. No. 80 of 2017 07.12.2021, Sr. 24