National Green Tribunal
Shriraj Madhusoodanan Pillai vs Chief Officer Of Ambernath Municipal ... on 8 September, 2022
Item No.9 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 66/2022(WZ)
I.A. No. 100/2022(WZ)
Shriraj Madhusoodan Pillai
.....Applicant(s)
Versus
Chief Officer of Abernath Municipal Corporation & Ors.
....Respondent(s)
Date of hearing: 08.09.2022
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant(s) : Mr. Akshay Shah, Advocate
Respondent : Mr. Balkrishna Joshi, Advocate for R-1
Ms. Manasi Joshi, Advocate for R-3
ORDER
1. This application has been moved under Section 14 and 15 of the National Green Tribunal, Act, 2010, praying that the Respondents be directed to abide by the Provisions of the Environmental (Protection) Act, 1986 and the Municipal Solid Wastes (Management and Handling) Rules, 2016, while Managing and Handling the Municipal Solid Waste generated in the city/town of Ambernath, District- Thane.
2. Further, it is prayed that the Respondents be directed to use the land bearing Survey No. 132 situated at Village Chikhloli, Tal. Ambernath, District- Thane after maintaining a buffer zone as prescribed Page 1 of 17 by CPCB of 500 meters in accordance with the Provisions of Solid Waste Management Rules, 2016.
3. Further, it is prayed that respondents be directed to remove the entire heap of garbage illegally dumped in the Survey No. 132 adjacent to 131, Chikhloli, Tal. Ambernath, District- Thane and thereby restore the said land by carrying out afforestation.
4. In the body of the application, it is submitted that the Applicants are residing in the vicinity of dumping ground in Survey No. 132 situated within the residential area which has been earmarked by the Respondent No. 1 as public utility plot in the Development Plan which has been subsequently converted into a garbage dumping ground. The Ambernath Municipal Corporation (AMC)/Respondent No. 1 has started illegally dumping of the wastes collected by it in the vicinity of the residential area since December, 2021. Initially, in the month of September, 2021, the AMC used to dump one-two trucks on daily basis which gradually increased in the month of December, 2021 thereby they are destroying the environment and causing immense pollution by not following the guidelines laid down under various environmental laws. About 35,000- 40,000 homes are adversely affected from the menace of pollution. The Respondent No. 1 has sought permission from MPCB on 28.12.2017 which was for setting up of operating waste processing/recycling/ treatment/disposal facility at Survey No. 132, Mauze, Chikhloli, Near Dental College Ambernath, District- Thane. The Respondent No. 1 is the concerned municipal authority which is responsible for the implementation of the provisions by maintaining the buffer zone from the residential area as clarified in the Buffer Zone Guideline (BZG) for any Page 2 of 17 kind of infrastructure development for collection, storage, segregation, transportation, processing and disposal of municipal solid wastes.
5. After hearing on 07.07.2022, the joint committee was constituted by us to submit the report which have been filed by it on 16.08.2022. The relevant portion of which is quoted herein below:-
"03.0 OBSERVATIONS & FINDINGS-
03.1 Ambernath Municipal Council (AMC) is located in Thane District. As per 2011 census, total population was 2,53,475 whereas present population is about 3,25,000.
03.2 AMC was earlier dumping solid waste at Survey No. 73, Village-Morivali, Taluka Ambernath.
03.3 AMC is presently dumping Solid Waste at Survey No. 132, Village Chikhloli, Near Sarvoday Nagar, Taluka Ambernath which comes in Ambernath Municipal Council area for which the present Application is filed. The land 13.58 hectares at aforesaid this Survey No. was handed over by the Collector, Thane to AMC for MSW management/public Utilities vide letter dated 13.12.2001. The copy of letter dated 13.12.2001 from the Collector, Thane to AMC is given at Annexure- IV.
03.4 AMC had obtained Authorization for setting up and operation of MSW processing facility (Vermi composting and Material Recovery Facility) vide authorization dated 12/09/2002. Only Vermi composting facility was developed at this location in 2004 and operated up to 2006 and there was no MRF developed at this Site. However, due to local hindrances and resistance, it is informed that MSW project after 2006 was discontinued due to resistance from local residents/villagers.
03.5 As the MSW project at Survey No. 132 Village Chikhaloli after 2006 was discontinued due to resistance from local residents/villagers. AMC started dumping of MSW at Survey No. 73, Village Morivali, Tal. Ambernath, Dist. Thane which continued till August-2021. The said dumping of Solid Waste at this Survey No. 73 was restricted by the Hon'ble building committee held under the Chairmanship of Justice A.A. Sayed and in the presence of Hon'ble Justice S.S. Shinde, Hon'ble Justice K.K. Tated, Hon'ble Smt Justice Mohite-Dere, Hon'ble Justic M.S. Karnik and Hon'ble Justice R. I. Chagla of Hon'ble High Court of Bombay by issuing order dtd. 05/08/2021 due to nearby proposed Court Building.Page 3 of 17
03.6 Thereafter, as a temporary arrangement AMC once again started dumping of Solid Waste at Survey No. 132, Village Chikhloli, Tal. Ambernath, Dist. Thane from 11/08/2021 i.e. almost a year back. Though, AMC has obtained Authorization dated 28.12.2017 (Annexure-V) to set up and operate waste processing/recycling/treatment/ disposal facility at this Survey No. 132, village Chikhloli and the same was valid up to 31.12.2021, Solid waste processing/recycling/treatment/disposal facility are not developed at this site and solid waste dumping started on open ground at one corner near the residential building. The distance from nearest Building is about 20 meters whereas MIDC road is about 100 meters. During the visit, it was observed that the dumping of SW is very adjacent to residential buildings with foul smell was experienced in and around said MSW dumping site.
03.7 As informed by AMC vide letter dated 03.08.2022, Out of 13.58 Hectares, around 1.5 Hectares land is in use. Quantity of MSW at site is about 25000 CuM. The waste dumped daily (133 TPD) at the landfill site is capped with a layer of soil excavated from adjoining hill after regular interval along with Disinfectant spraying on waste is done regularly. The copy of the AMC letter dated 03.08.2022 is given at Annexure-VI.
Solid waste generation is about 158 TPD out of which about 72 TPD is wet waste and 86 TPD is dry waste. AMC has claimed that about 158 TPD is collected through 56 Numbers of Garbage Vehicles (Ghantagadis) and one transfer station near Circus ground which is about 8 km from present dumping site. About 133 TPD solid waste is dumped at present dumping site waste and 33 TPD plastic waste is segregated and 10 TPD is used for composting at Decentralized Composting facilities.
03.8 Various complaints were made by local residents regarding illegal dumping of Solid waste at the said site without maintaining buffer zone from residential buildings and thereby causing nuisance of smell, houseflies and mosquitoes. Nearby residents during the visit also expressed their strong concern of foul smell, houseflies, and arising health issues thereby.
03.9 During the visit flow of leachate was observed from the dumping site which is further meeting to local nalla/drain. There was no proper leachate collection arrangement and transfer of leachate to STP for the treatment, and which was not even envisaged by AMC due to heavy rains in the area. Latter, the work of construction of concrete gutters around the dumping site is taken by AMC and now, it is informed though Page 4 of 17 letter dated 03.08.20222 (Annexure-VI) that generated leachate is collected with the help of a suction vehicle and transported to the Sewage Treatment Plant (Chikhloli-STP). Analysis results of leachate sample shows TDS: 12748 mg/I, BOD: 3500 mg/I and COD: 22400 mg/I (please, refer Annexure-III for analysis results).
03.10 The committee also inspected surrounding area of present dumping site at Survey No.132 and noted that leachate is getting mixed with water which is flowing in nearby Nallah/drain, due to rainy season, which is ultimately meeting with Ulhas River. The analysis results of the samples taken from drain/nallah and stagnant/ accumulated water shows contamination due to leachate (please, refer Annexure-III for analysis results). It is claimed by the farmers gathered during the committee visit that the contaminated water due to leachate was damaging their agriculture land which need to be ascertained by Agriculture Department.
03.11 The committee also visited previous facility of vermi composting developed by AMC at Survey No. 132, Village Chikhloli, Tal. Ambernath, Dist. Thane which was developed in 2004, and presently was not in operation. It was informed that the same was not in operation due to resistance of local residents/villagers since 2006 03.12 Further, AMC informed that Integrated Solid Waste Management Project for Ambernath Municipal Council, Kulgaon- Badlapur Municipal Council and Ulhasnagar Municipal Corporation is proposed at Survey No. 188, Village Valavli, Tal. Ambernath, Dist. Thane (please, refer Image-01 & 02). The proposed site for the aforesaid Integrated Solid Waste Management Project shall be developed where the existing MSW dumping site of Kulgaon-Badlapur Municipal Council is in operation. The land of the proposed Integrated MSW processing facility is in the possession of Kulgaon- Badlapur Municipal Council. For this combined project, about 5.00 hectares (7.80 Acres) of land is required out of 9.50 hectares (23.80 Acres) of available land at Survey no. 188, Village Valivali. This facility will consists of compost plant, Material Recovery Facility, Scientific Landfills etc with capacity 600 TPD with total cost Rs. 148.67 Cr.
Preparation and execution of joint solid waste management project M/s. Tandon Urban Solutions Pvt. Ltd. Mumbai has been appointed as Project Management and Consultant. The project is technically vetted by I.I.T. Mumbai. The estimated cost of the proposed project is Rs. 116.71 crores and the project is submitted to the Mumbai Metropolitan Region Development Authority (MMRDA) for technical approval and Page 5 of 17 funding. As per directives of MMRDA now Ulhasnagar Municipal Corporation is also included in this cluster project. Costing is Rs. 148.67 Crore which is being submitted to MMRDA for its approval and finance.
It is further informed by AMC that the new integrated facility to be developed at Survey No. 188 requires about 1.5 years. Further, the disposal site of Mauje Chikloli survey no. 132 will be permanently closed and Bio mining work will be carried out at this site.
04.0 ACTION TAKEN BY MPCB 04.1 MPCB issued Directions dated 28.07.2021 (Annexure-VII) for non-compliance of Hon'ble NGT Order dated 02.07.2020 in OA No. 606 of 2018 in the matter of compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues and directed to pay final compensation at the rate of Rs. 1 Lakh per month from 01.04.2020 till compliances towards Solid Waste Management Rules, 2016 and compensation at the rate of Rs. 1 Lakh per month from April 2021 till compliance towards the non-compliance of Legacy Waste Management for not completing bioremediation work of legacy waste before 07.04.2022.
04.2 Further, MPCB issued proposed directions dated 12/01/2022 (Annexure-VIII) u/s 33A of the Water (Prevention & Control Pollution) Act, 1974 and/or u/s 31A of Air (Prevention & Control Pollution) Act, 1981 to Ambernath Municipal Council vide letter for violation of Solid Waste Management Rule, 2016 and failure to provide scientific treatment at dumping site based on the visit of MPCB officials on 23.12.2021. Subsequently, personal hearing was extended on 01/02/2022.
Further, MPCB issued interim directions on 29/07/2022 (Annexure-IX) u/s 33A of the Water (Prevention & Control Pollution) Act, 1974 and/or u/s 31A of Air (Prevention & Control Pollution) Act, 1981-
- For obtaining authorization under MSW Rules, 2016,
- To provide and maintain buffer zone as per MSW Rules, 2016,
- to provide adequate leachate collection system, to undertake adequate measures
- to control foul smell generating from MSW,
- to provide fencing/ compound wall around the compound site, not to dump MSW unscientifically, Page 6 of 17
- to provide mechanism for collections of segregated waste to achieve 100% segregation at source,
- to restrict open burning of MSW within Municipal Council of Ambernath,
- to explore alternate site for scientific collection, treatment, disposal of MSW,
- to furnish Bank Guarantee of Rs. 10 Lakh and brought to noticed that AMC has neither furnished environmental compensation of Rs. 1 Lakh per month from 01.04.2020 till compliances of SWM Rules, 2016 and nor furnished compensation at the rate of Rs. 1 Lakh per month from April 2021 till compliances towards non-compliances of legacy waste management for not completing bioremediation work of legacy waste.
05.0 CONCLUSIONS-
05.1 AMC has provided temporary arrangement for dumping the solid waste at Survey No.132, Near Sarvodaya Nagar, Village Chikhaloli Taluka Ambernath which comes under Ambernath Municipal Council Area where there is no processing/recycling and disposal facility though obtained Authorisation dated 28.12.2017 to set up and operate waste processing/recycling/treatment/disposal facility and solid waste dumping started on open ground at one corner near the residential building. This is the violation of SWM Rules 2016. The distance from nearest Building is about 20 meters whereas MIDC road is about 100 meters. During the visit, it was observed that the dumping of Solid Waste is very adjacent to residential buildings where foul smell was experienced in and around said MSW dumping site.
05.2 The 13.58 hectares of land of the aforesaid Survey No. 132 is handed over by the Collector Thane to AMC vide letter dated 13.12.2001 for MSW Management/Public utilities. Accordingly, AMC obtained Authorization for setting up and operation of MSW processing facility (Vermi composting and Material Recovery Facility) vide authorization dtd. 12/09/2002. AMC developed Vermi- composting facility. However, due to local hindrances and resistance, AMC could not continue this MSW project after 2006 where only Vermi composting facility was developed.Page 7 of 17
Thereafter, AMC again started dumping of Solid Waste at Survey No. 73, Village Morivali, Tal. Ambernath where AMC was dumping its waste prior to getting land i.e. Survey No. 132. The dumping of solid waste was continued till August-2021. The said dumping of MSW at this Survey No. 73, Village Morivali was stopped due to order of Hon'ble Building Committee of Hon'ble High Court of Bombay by issuing order dtd. 05/08/2021. AMC once again started dumping of MSW using 1.5 hectares land out of 13.58 hectares at Survey No. 132, Village Chikhloli from 11/08/2021.
05.3 There was no proper leachate collection arrangement and transfer to nearby STP from the dumping site and therefore due to rainy season, leachate was found flowing to nearby drain/ Nallah and accumulated in the area, contaminating the same. Latter, AMC informed that leachate is being collected and transferred to STP for treatment.
05.4 Integrated Solid Waste Management Project for solid waste from Ambernath Municipal Council, Kulgaon-Badlapu Municipal council and Ulhasnagar Municipal Corporation is planned at Survey No. 188, Village Valavali, Taluka Ambernath, Dist. Thane. For this combined project of 5.00 hectares of land is required out of 9.50 hectares of available land at Survey No. 188, Village Valivali. This facility will consists of compost plant, Material Recovery Facility, Scientific Landfill etc. with capacity 600 TPD with total cost of Rs. 148.67 Cr. Preparation and execution of joint solid waste management project M/s Randon Urban Solutions Pvt. Ltd., Mumbai has been appointed as Project Management and Consultant. The project is technically vetted by I.I.T., Mumbai. The estimated cost of the proposed project is Rs. 116.71 crores and the project is submitted to the MMRDA for technical approval and funding.
05.5 As informed by AMC, the aforesaid integrated project requires about 1.5 years. Further, the present disposal site at Survey no. 132 Village Chikhloli will be permanently closed and Bio mining will be carried out at this site.
06.0 RECOMMENDATIONS:-
06.1 AMC shall stop dumping of solid waste at present dumping site i.e near to residential buildings. Page 8 of 17
06.2 AMC shall be directed to explore the possibility of other nearby Solid Waste processing and Disposal facility for the processing and disposal of Solid Waste generated from the AMC area till the commissioning of Integrated Solid Waste Management Project at Survey No. 188, Village Valivable.
06.3 The permission/work related to Integrated Solid Waste Management Project shall be expedited as to commission the project at the earliest.
06.4 Amended Guidelines on the Provision of Buffer Zone around Waste Processing and Disposal Facilities (March 2019) issued by CPCB shall be followed while developing Integrated Solid Waste Management Project at Survey No. 188, Village Valivale.
06.5 Precautions shall be taken by AMC to prevent the entry of leachate in to natural drain/Nallah and ensure transfer of the same to STP.
06.6 AMC shall spray enzymes based culture on regular basis for prevention of odour and should take measures to prevent fire.
06.7 MPCB shall recover Environmental Compensation to non-compliance of provisions under SWM Rules 2016 as per MPCB direction dated 28.07.2021 (Annexure-VII) for non-compliance of Hon'ble NGT Order dated 02.07.2020 in O.A. No. 606 of 2018 in the matter of compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues and directed to pay final compensation at the rate of Rs. 1 Lakh per month from 01.04.2020 till compliances towards Solid Waste Management Rules, 2016 and compensation at the rate of Rs. 1 Lakh per month from April, 2021 till compliance towards the non-compliance of Legacy Waste Management for not completing bioremediation work of legacy waste before 07.04.2022."
6. The stand of Respondent No. 1/Ambernath Municipal Council is as follows: -
(i). Due to the order of the Building Committee of the Hon'ble High Court, the Respondent No. 1 discontinued dumping at Gut No. 73 at Moriviali because of which it was left with no other Page 9 of 17 alternative than to dump the garbage on the existing Survey No. 132, Chikhloli. It has already taken steps to start an alternate project of MSW plant at survey No. 188 Walivali, therefore, the present arrangement was of purely temporary nature. Since the Hon'ble Bombay High Court is likely to pass an order to the effect to discontinue dumping at Gut No. 73 at Morivali, the Respondent No. 1/Ambernath Municipal Council had approached the District Collector, Thane, seeking alternative site for dumping on urgent basis on 10.03.2021, where-on the District Collector immediately proposed alternate site for dumping of garbage at Survey No. 33/2, Jambivali but the same was not to be viable being close to Chikhloli Dam.
Therefore, the Respondent No. 1 has no option but to dump the garbage at Survey No. 132 Chikloli temporary, till the commissioning of the Joint MSW project at Survey No. 188, Walivali, Badlapur.
(ii). It is further stated that the total solid waste dumped daily is to the tune of 133 Tons per day at landfill site which is being capped with a layer of soil after regular interval and disinfectant spraying on waste is done regularly during rains. The leachate management system fell short and hence leachate flowed in nearby areas. Considering this issue, the work of construction of concrete gutter around the dumping site is made. The Respondent No. 1 did not use the Survey No. 132 for dumping of MSW from the year 2006 till the year, 2021 due to agitations of the local residents but had to re-start dumping of solid waste there because the Gut No. 73 Morivali Page 10 of 17 having been closed by the order of Hon'ble High Court for the purpose of dumping.
(iii). It is further submitted that the leachate generated is also collected with the help of suction vehicle and transported to sewerage treatment plant.
7. The stand of the Respondent No. 3/MPCB is as follows: -
(i) It has granted authorization under the Solid Waste Management Rules, 2016 to Respondent No. 1 vide order dated 28.12.2017 to set up and operate solid waste processing/recycling/treatment/disposal facility at Survey No. 132, Mauze, Chikloli, Ambernath, District- Thane, which was valid upto 31.12.2019. Thereafter, no application was moved for its renewal.
(ii) Further, it is submitted that in compliance of the Order dated 02.07.2020 passed by the National Green Tribunal, Principal Bench, New Delhi in Original Application No. 606/2018, the Respondent Board had issued a letter dated 07.12.2020 and its reminder dated 11.12.2020, directing the Respondent No. 1/Ambernath Municipal Council to pay final compensation from 01.04.2020 till compliance, to the Central Pollution Control Board, for reexstoration of environment, as follows: -
" i. Final Environmental Compensation of Rs. 8.0 Lakh towards non-compliance of Solid Waste Management Rules, 2016 pertaining to untreated solid waste to the tune of 158 MT/day from 01.04.2020 to 30.11.2020.
ii. Final Environmental Compensation of Rs. 1.0 Lakh from 01.04.2021 till compliance towards the non-Page 11 of 17
compliances of Legacy Waste Management as bioremediation work of legacy waste was supposed to be completed before 07.04.2021.
iii. To pay Rs. 1.0 Lakh per month for the non-
compliance of solid waste management and legacy waste management from December, 2020 onwards till the compliance."
(iii) It is further submitted that in view of non-compliance observed by the joint during visit on 26.07.2022, following directions were issued to the Respondent No. 1/Ambernath Municipal Council: -
i. To apply for obtaining Authorization under the provisions of Solid Waste Management Rules, 2016 at the aforesaid MSW site.
ii. To provide/maintain buffer zone between
residential zone and MSW site as per the
Guidelines/ MSW Rules, 2016.
iii. To take adequate leachates collection system along
with treatment facility for treatment and disposal of leachates.
iv. To take adequate measures to control foul smell generating from the MSW by exploring possibilities of application of masking agent/chemicals.
v. To provide fencing/compound wall around MSW processing site located at S. No. 132, Village:
Chikholi, Tal: Ambernath, Dist: Thane.
vi. Not to dump MSW unscientifically at the aforesaid site.
vii. To provide mechanism for collection of segregated waste to achieve 100% segregation at source.
viii. To restrict open burning of MSW within Municipal Council area of Ambernath.
ix. To explore alternate site for scientific collection, treatment and disposal of MSW.
x. To furnish Bank Guarantee of Rs. 10.0 Lakh towards compliance of above directions within 15 days period valid for period of one year in favor of Regional Officer, Kalyan etc. Page 12 of 17
8. The Respondent No. 5/Central Pollution Control Board (CPCB) in reply affidavit has noted nothing in the matter except mentioning rules and regulations.
9. Against the rest of the Respondents, the proceedings will go ahead ex-parte.
10. We have heard the arguments of the Learned Counsel for the Applicant as well as Respondent who are present today. We are of the view that it is apparent from the perusal of the joint committee report that there are serious violations on the part of the Respondent No. 1 even to the extent that they have not sought any authorization from the MPCB after 31.12.2019 and even then, they are running the said Solid Waste Management facility at Survey No. 132 situated at Village Chikhloli, Tal.
Ambernath, District- Thane.
11. Ideally, we should not permit dumping to be continued at Survey No. 132, but looking to the fact that there is no other alternative land available and the process is going on with respect to establishing the facility on Survey No. 188, Walivali, Badlapur, which is yet to be finalized, which will take time, there does not appear to be any option for the Respondent No. 1 but to continue to dump the solid waste in Survey No.
132. However, we insist that the recommendations which have been made by the joint committee quoted above need to be implemented for minimizing adverse impact on environment. We do understand that even implementation of all recommendations, in totality would be impracticable at this stage, because these include stopping of dumping of solid waste at the present site, the same being near the residential building. We clarify that this recommendation can be exempted to the Page 13 of 17 extent that the dumping may be permitted within the survey no. 132 at a place as far away from the residential buildings as possible. In the meantime, the Respondent No. 1 shall look for some alternative place without losing any further time, in consultation with the District Magistrate. It has come in the reply of the Respondent No. 1 that already an alternative place i.e. Survey No. 188 is under consideration but it will take a long time till the appropriate Solid Waste Management Plan/facility is established there by the Respondent No. 1. Therefore, till a proper solid waste management facility is established by the Respondent No. 1 an alternative place, Respondent No. 1 shall continue to pay the compensation for violation of Solid Waste Management Rules as has been stated in the direction in O.A. No. 606/2018 vide order dated 10.01.2020, where-in in para 36, following has been observed:-
"36. We accordingly direct:
a. In view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted, compensation scale is hereby laid down for continued failure after 31.03.2020. The compliance of the Rules requires taking of several steps mentioned in Rule 22 from Serial No. 1 to 10 (mentioned in para 12 above). Any such continued failure will result in liability of every Local Body to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body from 01.04.2020 till compliance. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development Page 14 of 17 etc. who are responsible for compliance of order of this Tribunal.
b. Legacy waste remediation was to 'commence' from 01.11.2019 in terms of order of this Tribunal dated 17.07.2019 in O.A. No. 519/2019 para 2853 even though statutory timeline for 'completing' the said step is till 07.04.2021 (as per serial no. 11 in Rule 22), which direction remains unexecuted at most of the places. Continued failure of every Local Body on the subject of commencing the work of legacy waste sites remediation from 01.04.2020 till compliance will result in liability to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal.
c. Further, with regard to thematic areas listed above in para 20, steps be ensured by the Chief Secretaries in terms of directions of this Tribunal especially w.r.t. plastic waste, bio-medical waste, construction and demolition waste which are linked with solid waste treatment and disposal. Action may also be ensured by the Chief Secretaries of the States/UTs with respect to remaining thematic areas viz. hazardous waste, e- waste, polluted industrial clusters, reuse of treated water, performance of CETPs/ETPs, groundwater extraction, groundwater recharge, restoration of water bodies, noise pollution and illegal sand mining.
d. The compensation regime already laid down for failure of the Local Bodies and/or Department of Irrigation and Public Health/Incharge Department to take action for treatment of sewage in terms of observations in para 31 above will result in liability to pay compensation as already noted above.
e. Compensation in above terms may be deposited with the CPCB for being spent on restoration of Page 15 of 17 environment which may be ensured by the Chief Secretaries' of the States/UTs.
f. An 'Environment Monitoring Cell' may be set up in the office of Chief Secretaries of all the States/UTs within one month from today, if not already done for coordination and compliance of above directions which will be the responsibility of the Chief Secretaries of the States/UTs.
g. Compliance reports in respect of significant environmental issues may be furnished in terms of order dated 07.01.2020 quarterly with a copy to CPCB."
12. MPCB is directed to make the calculation of the compensation amount which is required to be realized by the next date on 11.10.2022.
13. The Learned Counsel for the Appellant has vehemently argued that the area of Survey No. 132 is very large where the dumping of solid waste is done close to the residential area, therefore, the Respondent No. 1/Ambernath Municipal Council should be directed to leave a buffer zone, within the Survey No. 132, as per CPCB Guidelines and in the remaining area only, the dumping may be allowed to be done. At this, we have instructed the Applicant to file an affidavit alongwith the sketch map showing the total area, the area where the dumping is being done and the possible buffer zone which he is proposing.
14. On the other hand, the Learned Counsel for the Respondent No. 1/ Ambernath Municipal Council says that there is no area available for carving out buffer zone.
15. In view of above, both the Applicant as well as Respondent No. 1 are directed to submit additional affidavits annexing therewith the sketch map of the area where the dumping is being done and clarify as to why the buffer zone cannot be left in the said area by the next date positively. Page 16 of 17
Put up this case on 11.10.2022 for further consideration.
16. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM September 08, 2022 Original Application No. 66/2022(WZ) I.A. No. 100/2022(WZ) P.Kr Page 17 of 17