National Green Tribunal
News Item Titled Siliguri Protests Of ... vs Siliguri Municipal Corporation on 30 January, 2025
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.236/2024/EZ
(Earlier O.A. No.1337/2024/PB)
News Item titled "Siliguri protests
dumping of Sikkim waste, raises
health and environmental concerns"
appearing in The Telegraph online
dated 12.11.2024 Applicant(s)
Date of hearing: 30.01.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Suo Motu,
For Respondent(s) : Mr. Deborshi Dhar, Adv. for R-1 (in Virtual Mode),
Mr. Rajib Ray, Advocate for R-4,
Mr. Sibojyoti Chakraborty, Adv. for R-3 (in Virtual Mode),
Mr. Sudip Kumar Dutta, Adv. for R-6
ORDER
1. This Original Application was registered suo-motu on the basis of the news item titled "Siliguri protests dumping of Sikkim waste, raises health and environmental concerns" appearing in The Telegraph online dated 12.11.2024.
2. The matter relates to the unauthorized dumping of medical and hazardous waste at a vacant plot in Farabari near Siliguri, West Bengal, allegedly from the neighboring state of Sikkim. As per the article, the vacant plot where waste is being dumped is just around 50 meters from the boundary of the Baikunthapur forest, which poses risks to wildlife.
3. The article highlights that the situation became more complicated when it was revealed that the owner of the vacant plot had made private arrangements with truck drivers for waste disposal without 1 obtaining necessary clearances from the local panchayat or other relevant authorities. It is alleged that irresponsible dumping of waste is a source of inconvenience to residents and the environment. This adds to the issue of waste management in Siliguri.
4. The above news item indicates violation of the provisions of the Solid Waste Management Rules, 2016 and the Environment (Protection) Act, 1986.
5. The following were already impleaded in the array of Respondents:-
(i) Siliguri Municipal Corporation, Through its Commissioner, Baghajatin Road, Siliguri Municipal Corporation, District Darjeeling, Siliguri - 734001
(ii) State Pollution Control Board Sikkim, Through its Member Secretary, Ground Floor, Forest Secretariat Annex I, Deorali Rd, Gangtok, Sikkim 737102
(iii)West Bengal Pollution Control Board, Through its Member Secreatry, Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhannagar, Kolkata-700 106
(iv) Central Pollution Control Board (CPCB), Through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi-110032
(v) Ministry of Environment, Forest and Climate Change (MoEF)
- Regional Office, Sikkim, Law-U-Sib, Lumbatngen, Near MTC Workshop, Shillong
(vi) Ministry of Environment, Forest and Climate Change (MoEF)
- Regional Office, West Bengal, Regional Office (EZ), A/3, Chandersekharpur, Bhubaneswar-751023
6. Thereafter, vide order dated 27.11.2024 the said Original Application has been transferred to the Eastern Zone Bench of 2 National Green Tribunal, Kolkata and renumbered as Original Application No.236/2024/EZ.
7. Issue notice to the Respondents, returnable within four weeks.
8. Mr. Sibojyoti Chakraborty, learned Counsel who is present (in Virtual Mode), accepts notice on behalf of the Respondent No.3, West Bengal Pollution Control Board.
9. Mr. Rajib Ray, learned Counsel files Vakalatnama on behalf of the Respondent No.4, Central Pollution Control Board; the same is taken on record. When the case is next listed, the name of Mr. Rajib Ray shall be printed in the cause-list as Counsel for Respondent No.4.
10. Mr. Deborshi Dhar, learned Counsel who is present (in Virtual Mode), states that he has instructions to appear on behalf of the Respondent No.1, Siliguri Municipal Corporation. Let him e-file his Vakalatnama within one week.
11. We find that the Respondent No.5, Ministry of Environment, Forest and Climate Change (MoEF) - Regional Office, Sikkim and Respondent No.6, Ministry of Environment, Forest and Climate Change (MoEF) - Regional Office, West Bengal, have wrongly been impleaded in the array of Respondents.
12. We also direct that the cause title of the Respondent No.5 be read as Department of Environment and Forest, Government of Sikkim and Respondent No.6 also be read as Department of Environment, Government of West Bengal.
13. Issue notice to the Respondent Nos.2, 5 and 6, returnable within four weeks.
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14. Mr. Sudip Kumar Dutta, learned Counsel who is present Court, accepts notice on behalf of the Respondent No.6, Department of Environment, Government of West Bengal.
15. All the Respondents shall file their counter-affidavits within four weeks.
16. Learned Counsel for the Respondent No.2 whose names are shown in the cause-list, are not present today.
17. List on 07.03.2025.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM January 30, 2025, Original Application No.236/2024/EZ (Earlier O.A. No.1337/2024/PB) OM 4