National Green Tribunal
News Item Titled "Silliguri Protests Of ... vs . Ankita Sinha & Ors." Reported In 2021 on 27 November, 2024
Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 1337/2024
News Item titled "Siliguri protests dumping of Sikkim waste, raises health
and environmental concerns" appearing in The Telegraph online dated
12.11.2024
Date of hearing: 27.11.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. This Original Application is 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 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.
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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 news item raises substantial issues relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
6. The power of the Tribunal to take up the matter suo-motu has been recognized by the Hon'ble Supreme Court in the matter of "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors." reported in 2021 SCC Online SC 897.
7. Hence, we implead following as respondents in this matter:
(i) Siliguri Municipal Corpopration, 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 2
8. Issue notice to the above respondents for filing their response/reply by way of affidavit before the appropriate Bench of the Tribunal at least one week before the next date of hearing. If any respondent directly files the reply without routing it through his advocate then the said respondent will remain virtually present to assist the Tribunal.
9. Since the matter relates to the Eastern Zonal Bench, Kolkata, therefore, OA is transferred to the Eastern Zonal Bench for appropriate further action. Office is directed to transfer the original record of the OA to Eastern Zonal Bench, Kolkata.
10. List before Eastern Zonal Bench at Kolkata on 30.01.2025.
Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM November 27, 2024 Original Application No. 1337/2024 AS..
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