National Green Tribunal
Ganesh Dadarao Anasane vs Amravati Municipal Corporation on 22 September, 2020
Item No. 5 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 60/2019 (WZ)
Ganesh Dadarao Anasane Applicant(s)
Versus
Amravati Municipal Corporation & Anr. Respondent(s)
Date of hearing: 22.09.2020
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
For Applicant(s) : Mr. Ganesh Dadarao Anasane, applicant-in-
person
For Respondent (s): Mr. Amol S. Patayeet and Mr. Amit Lanke,
Advocates for R-1
Ms. Manasi Joshi, Advocate for R- 3
Mr. Shrikantsing Chauhan, Advocate
ORDER
1. In compliance of the order dated 22.06.2020 passed by this Tribunal, the Maharashtra State Pollution Control Board (MPCB) has submitted that the Environmental Compensation (EC) has been calculated for 5 months amounting to Rs. 50 lakhs and the same has been communicated to the Municipal Commissioner, Amrawati Municipal Corporation (AMC). It is reported that the bio- mining work has been stopped since 13.06.2020 due to rainy season and not again started till date. The legacy waste is reported to be approximately 1,22,581 MT which is still to be carried out. During the visit, certain foundation and allied civil construction work for erection of MRF was under process at the Site No. 155 and 156, Mouje Peth. At Site No. 295/1 & 2, Mouje Badnera, Akoli 1 Gaothan, RCC footings and allied civil work are reported to be under process.
2. In reply thereof, the applicant had submitted affidavit with the facts that the AMC has no method of assessment and has no clear knowledge about the actual quantity of legacy waste. It is further submitted that only 5% of the work of processing unit at Akoli site is completed and same is updated in the order dated 22.07.2020. It is further submitted that only 9450 sq mtr. area is reclaimed against actual area 9.35 Ha. There is continuous violation of MSW Rules 2016 and Bio-Medical Waste Management Rules, 2016 and biomedical waste containing PPE kit and other COVID-19 hospital biomedical waste which is transported by Amrawati Municipal Waste Transporter Contractor vehicles had been noticed and no action had been taken by the AMC. It is further submitted that AMC is having long list of Scam related sanitation and MSW management work which has been detailed in para 6.
3. AMC is directed to see the matter and do the needful. The MPCB has assessed EC of about Rs. 47,23,45,000/-. As per discussion made above, we direct as follows:
(i) MPCB is directed to issue notice to AMC for realisation of EC and to proceed to realise it in accordance with law.
(ii) AMC is directed to dispose of all legacy waste and waste generated within a time frame and submit the report before the date of listing.
(iii) The waste generated from COVID-19, containing PPE kit and other COVID-19 hospital biomedical waste which is reported to be transported by Amrawati Municipal Waste Transporter Contractor 2 vehicles, be taken care and may be dealt, collected, transported and dispose of according to rules separately with consultation to Chief Medical Officer, Amrawati and should be disposed of according to Bio medical Waste Management Rules, 2016.
(iv) A show cause notice be issued to the AMC as to why the necessary and preliminary action be not initiated and forwarded against the officials and officers working there and not enable to control and manage the solid waste management according to the rules and why the necessary and preliminary action should not be initiated against them for non-compliance of the rules.
(v) On the next date of listing, Municipal Commissioner, Amrawati will remain present at the time of hearing through Video Conference with future action plan as to how they manage to dispose the legacy waste and waste generated day to day.
4. List it on 04.11.2020.
Sheo Kumar Singh, JM Dr. Satyawan Singh Garbyal, EM September 22, 2020 Original Application No. 60/2019 (WZ) R 3