National Green Tribunal
Devendra Phanikar Osuri vs Andhra Pradesh Pollution Control Board ... on 3 September, 2025
Item No.1:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Wednesday, the 03rd day of September, 2025.
[Through Physical Hearing (Hybrid Option)]
Original Application No.302 of 2024 (SZ)
[Earlier O.A. No.1017 of 2024 (PB)]
IN THE MATTER OF
Devendra Phanikar Osuri
11-4-37, Osuri Mansion,
Narsapur, West Godavari District,
Andhra Pradesh - 534 275.
...Applicant(s)
Versus
1. Andhra Pradesh Pollution Control Board
Dr. Y.S.R. Paryavaran Bhavan,
APIIC Colony Road,
Gurunanak Colony,
Autonagar,
Vijayawada - 520 007.
2. Central Pollution Control Board
Rep. by its Member Secretary,
Parivesh Bhavan, East Arjun Nagar,
New Delhi - 110 032.
3. Collector & District Magistrate
Bhimavaram West Godavari,
Collector Office Road,
Ameenapet, Eluru,
Andhra Pradesh - 534 006.
4. Andhra Pradesh State Coastal Zone
Management Authority
Rep. by its Chairman,
D.No.33-26-14 D/2, Near Sunrise Hospital,
Pushpa Hotel Centre, Chalamavari Street,
Kasturibaipet, Vijayawada - 520 010.
...Respondent(s)
For Applicant (s): Mr. Devendra Phanikar Osuri (Party-in-Person)
For Respondent(s): Mrs. Madhuri Donti Reddy for R1, R3 & R4.
Mr. R. Thirunavukarasu for R2.
Page 1 of 12
Judgment Reserved on: 26th August, 2025.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. PRASHANT GARGAVA, EXPERT MEMBER
JUDGEMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. This case concerns the continuous illegal dumping of garbage by Narsapur Municipality into the Vasista River and along its flood bank for several years, in violation of both the Coastal Regulation Zone (in short 'CRZ') Notification and the Solid Waste Management (in short 'SWM') Rules, 2016.
2. One Mr. Devendra Phanikar Osuri, claiming to be a Senior Social Activist, sent an e-mail dated 18.12.2023 to the Principal Bench of the National Green Tribunal, New Delhi, alleging that the residents of Narsapur Town, West Godavari District, Andhra Pradesh, are unable to endure the pollution caused by the continuous dumping of garbage into the Vasista River and along its flood bank by the Narsapur Municipality for the past seven years, in blatant violation of the CRZ norms.
3. It was alleged that the entire eastern part of Narsapur Town has become severely polluted, with nearly 40 Tonnes of garbage being dumped daily into the river and on the CC Road laid along the flood bank, thereby causing road blockages. Despite repeated directions issued by the State Pollution Control Board, the practice of dumping waste into the Vasista River continues unabated, resulting in both water and air pollution.
4. The complainant has, therefore, sought directions from this Tribunal to restrain the Municipality from further dumping garbage into the Vasista River and on its flood bank.
Page 2 of 125. Considering the gravity of the issue, the Principal Bench of the National Green Tribunal, New Delhi has Suo Motu registered the above matter as Original Application No.1017 of 2024 (PB) and constituted a Joint Committee comprising the (i) District Magistrate, West Godavari; (ii) Andhra Pradesh Pollution Control Board; (iii) State Coastal Zone Management Authority (in short 'SCZMA') - Andhra Pradesh; and (iv) Central Pollution Control Board (in short 'CPCB') and directed them to file a factual report in this regard.
6. Subsequently, the matter was transferred to this Bench for further consideration and was renumbered as Original Application No. 302 of 2024 (SZ).
7. Upon notice through the Tribunal, the respondents had entered appearance through their counsels and their respective pleadings.
8. It appears that the Commissioner, Narsapur Municipality, though not a party to the present proceedings, had submitted a report (signed on 06.01.2025) before the Principal Bench. The said report has now been furnished by the learned counsel for the APPCB through e-mail dated 26.08.2025, and the same is taken on record. The report states that the Municipality has no designated dumping yard and for long, waste has been disposed of at outskirt locations near the Godavari bund, but not into the Vasista River. It is stated that garbage is being transported twice weekly to the Jindal Waste-to-Energy Plant at Guntur, thereby gradually reducing the waste at the dumpsite. The Government of Andhra Pradesh, through Swachh Andhra Corporation under SBM (U) 2.0, has initiated projects for legacy waste management, MRF centres, mechanical road sweeping, scientific landfills, and composting. M/s. Avinash Agencies, Guntur, has been engaged for bio- remediation and bio-mining of legacy waste. The Municipality has acquired 4.20 Acres in R.S. No. 94/1 of Rustumbada Village for waste disposal; however, the local public have objected. Consequently, as directed by local officials, an alternative site Page 3 of 12 measuring 2 Acres in R.S. No.151, Narsapur Town, has been proposed for segregation of waste.
9. In compliance with the directions of this Tribunal, the Central Pollution Control Board filed the Joint Committee Report (e-filed on 07.05.2024). The report records that the Committee convened a meeting on 13.12.2024 near Mahaprasthanam, Narsapur, wherein the Executive Engineer, Regional Office, Eluru, APPCB, provided a brief description of the case. The APCZMA explained the geographical features of the Vasista River with reference to the Coastal Zone Management Plan (in short 'CZMP') Map of 2011, wherein the relevant coordinates were plotted.
10. The Committee thereafter inspected the dumpsite and its surrounding area within a radius of approximately 2 km, covering aquaculture tanks, irrigation canal, feeder tank, residential areas, a school and a college. Sampling locations for water and sediment were identified, and sites for ambient air quality monitoring were also selected. The complainant/applicant was present during the inspection. On 14.12.2024, the Committee further visited Narsapur Town to review the municipal solid waste collection and transportation system, and also inspected the identified ambient air quality monitoring stations to assess the ongoing monitoring activities.
10.1 With regard to the Solid Waste Management, it is stated that the Municipality generates 35 Tonnes Per Day (TPD) of waste. Only 4.2 TPD sent to Jindal Waste to Energy (WTE) Plant; 30.8 TPD waste has been dumped at riverbank of the Vasista River. Out of 51,312.26 MT, only 1,053.495 MT of legacy waste is cleared and the remaining 50,258.765 MT is still lying at the site. Waste is dumped without fencing/bunds; fires frequently occur, releasing smoke and dust.
10.2 In respect of the Dumpsite Location, it is stated that the dumpsite (2.5 Acres) is located on the banks of the Vasista Godavari River, approximately 1.5 km from Narsapur Town, Page 4 of 12 200 m from nearest habitation. Further, crematoriums, Fecal Sludge Treatment Plant (FSTP), aquaculture ponds, irrigation canals, schools/colleges are located in the vicinity of the dumpsite.
10.3 As far as the Water Quality is concerned, the report indicates that surface and groundwater samples collected from the Vasista River, canals, aquaculture tanks, and nearby borewells show severe contamination. River water failed to meet MoEF&CC's outdoor bathing standards due to low DO, high BOD, and excessive TDS and Chlorides. Irrigation canals and aquaculture tanks exhibited high BOD, COD, and Electrical Conductivity, confirming leachate pollution. Groundwater samples from a school and residential area exceeded IS 10500:2012 limits for TDS, Chlorides, Hardness, Sulphates, and heavy metals, with one sample showing odour and discoloration. The water was declared unsafe for drinking and residents confirmed non- usage due to its high salinity and hardness.
10.4 With respect to Sediment Analysis, samples were collected from the banks of the Vasista River at downstream, midstream, and upstream locations of the dumpsite. The results indicated the presence of heavy metals; however, their concentrations were found to be below the Screening/Response levels prescribed in the MoEF&CC guidelines for soil and sediment.
10.5 In respect of Air Quality, it is stated that PM10 (154-180 µg/m³) and PM2.5 (63-99 µg/m³) exceeded NAAQS limits (i.e. 100 & 60 µg/m³ respectively) for 24-hour averages at all three monitoring locations.
10.6 On the issue of CRZ Notification, the Joint Committee observed that, as per the CZMP Map, 2011, the site in question falls within CRZ-IB and CRZ-IVB. Consequently, the dumping of garbage in the CRZ area, namely the Vasista River and its flood bank, is impermissible and constitutes a prohibited activity.
Page 5 of 1211. Finally, the Joint Committee has made certain recommendations, which are reproduced herein below:
"A. For Effective Implementation of CRZ Notification • The Municipality shall stop dumping the waste on the bank and in the River Vasista with immediate effect.
• As a short-term measure, the solid waste being generated from the municipality may be sent to waste to energy project.
• As a long-term measure, the Municipality shall prepare a time bound programme and implement it effectively to dispose the solid waste being generated.
B. For Water quality monitoring • APPCB shall monitor water quality on the upstream and downstream of dump site River Vasista once in three months • APPCB shall engage an expert agency to investigate the cause for higher concentration of various parameters to that of IS Drinking Water Standard IS 10500:2012, in ground water at G12 & G 13 locations as at Table 3 above and take remedial measures as applicable.
C. For Solid Waste Management:
• Narsapur Municipality shall take immediate steps for development of infrastructural capacity of solid waste management facilities including those utilized for collection, segregation, transportation and processing of 35 TPD of waste generated in the Municipality and to stop dumping of fresh waste on river bank in accordance with rule 15 of SWM Rules, 2016. Due to waste dumping on river bank there is potential risk of contamination of river Vasista and Groundwater. Immediate measures to be taken for collection and treatment of leachate generated at the dumpsite.
• The municipal authority to submit their action plan to APPCB for completing biomining of legacy waste at the dumpsite in accordance with the CPCB "Guidelines for disposal of legacy waste (old municipal solid waste)", 2019. The State Urban Development Department to monitor the implementation in a time bound manner.
• The Municipality to implement air pollution control measures aimed at controlling PM10 and PM2.5 such as sprinkling of water /leachate for dust suppression, development of fire prevention measures, development of green belts around the dumpsite etc. • The Municipal authority shall comply the direction issued by CPCB under Section 5 of Environment (Protection) Act, 1986 on 26.5.2022 (to all SPCB/ PCCs) for management of fire hazards at dumpsites.
• The Andhra Pradesh Pollution Control board shall ensure compliance of the directions issued by CPCB and enforce effective implementation of provisions of SWM Rules, 2016."
12. The SCZMA - Andhra Pradesh has filed its report (e-filed on 25.08.2025), stating that it had received representations from the Applicant through e-mails dated 03.07.2025, 05.08.2025, and 08.08.2025, alleging that Narsapur Municipality was dumping garbage in the CRZ area along the banks of the Vasista River. In response, APCZMA, vide e-mail dated 14.08.2025, directed the Environmental Engineer (Regional Officer, APPCB - Member Convener, DLC, West Godavari) to submit a report. Further, vide letter dated 18.08.2025, APCZMA instructed the Commissioner, Narsapur Municipality to: (i) immediately stop dumping waste on the riverbank/into the river; (ii) divert solid waste to the waste-to-
Page 6 of 12energy project as a short-term measure; and (iii) prepare and implement a time-bound programme for solid waste disposal as a long-term measure. The Municipality was also directed to submit its compliance within 15 days. Additionally, vide letter dated 22.08.2025, APCZMA requested the Collector & District Magistrate, West Godavari (Chairman, DLC) to implement this Tribunal's order dated 11.07.2025, verify the Applicant's complaints, take immediate action in accordance with Government orders, ensure enforcement of the CRZ Notification, and submit Action Taken Reports to APCZMA.
13. The APPCB has filed its report (e-filed on 26.08.2025), wherein it is stated that the Board officials, along with the Revenue Divisional Officer, Narsapur, inspected the Narsapur Municipality dump site on 19.08.2025 to verify compliance with the Joint Committee's recommendations. The Municipal Commissioner also accompanied the inspection. Narsapur Municipality (Grade-I) covers an area of 11.72 sq. km with a population of 58,901 and generates about 35 TPD of solid waste. APPCB had earlier reviewed its compliance with SWM Rules, 2016 during EAC (TF) meetings on 21.12.2020, 06.04.2022, and 29.12.2023, and issued directions on 09.01.2021, 21.04.2022, and 10.01.2024 for non-compliance.
14. The APPCB, in its report, has also furnished the compliance status of Narsapur Municipality with respect to the recommendations of the Joint Committee in a tabular form.
15. Considered the pleadings and the reports filed by the respective authorities and also heard the submissions made by the Applicant (Party-in-Person) as well as the learned counsel appearing for the Respondents.
16. The primordial submission of the Applicant is that the indiscriminate dumping of garbage into the Vasista River and on its flood bank by the Narsapur Municipality has caused severe damage to the river ecology and environment. It is further contended that the recommendations of the Joint Committee have not been fully complied with by the Municipality, which Page 7 of 12 demonstrates inaction on the part of the authorities and amounts to a violation of the Solid Waste Management Rules, 2016.
17. The Joint Committee conducted a site inspection, examined the surrounding areas, collected water, sediment, and air samples, and thereafter submitted its report. The key findings are as under:
• Waste Generation & Disposal: Municipality generates about 35 TPD of waste, of which only 4.2 TPD was being sent to the Waste-to-Energy plant; nearly 30.8 TPD was dumped at the Vasista riverbank. Over 50,000 MT of legacy waste remained.
• Water Pollution: Water samples from the Vasista River and nearby borewells show alarming levels of TDS, chlorides, heavy metals, and BOD, making the water unfit for drinking and bathing.
• Air Pollution: PM10 and PM2.5 levels exceeded NAAQS limits. Frequent fires at the dumpsite caused additional hazards.
• CRZ Violation: The dumpsite falls within CRZ-IB and CRZ-IVB zones, where such dumping is expressly prohibited. The Municipality has acted in breach of the CRZ Notification, warranting strict action.
18. The APPCB reported the status of compliance of Narsapur Municipality with respect to the recommendations of the Joint Committee. The salient points are as under:
18.1 Stopping Dumping into the River: The inspection on 19.08.2025 confirmed that Narsapur Municipality stopped dumping waste on the existing dump site. Garbage is now shifted to 0.37 Acres of municipal land (R.S. Nos. 69 & 70) situated opposite to the existing old dump site. The site coordinates were sent to APCZMA for CRZ verification.
18.2 Short-Term Waste Disposal: Dry waste from Narsapur Municipality is transported twice a week to Jindal Waste-to-
Energy Plant, Guntur. As of 19.08.2025, about 128 MT has been disposed of.
Page 8 of 1218.3 Long-Term Waste Management: APPCB directed the Municipality on 31.07.2025 to prepare and submit a time- bound action plan for solid waste management. A response is awaited.
18.4 Water Quality Monitoring: APPCB has been monitoring the Vasista River water monthly at upstream and downstream locations under the NWMP programme. Data from January 2024 to June 2025 indicates water quality falls under CPCB's "Class B" (suitable for outdoor bathing).
18.5 Groundwater Investigation: APPCB Regional Office, Eluru, requested NEERI's expertise on 18.08.2025 regarding high concentrations of parameters in groundwater (G12 & G13 locations). NEERI accepted the request to examine and provide remedial measures.
18.6 Solid Waste Infrastructure & Leachate: The Municipality has not developed infrastructure for proper waste collection, segregation, transportation, and processing of 35 TPD, nor has it taken measures for leachate collection and treatment.
18.7 Biomining of Legacy Waste: M/s. Avinash Agencies completed biomining at the dumpsite in June 2025, clearing 51,312.26 MT of legacy waste. The Municipality has also acquired 4.20 Acres at Rustumbada for future dumping. However, local villagers are opposing its use, and no processing facility exists there.
18.8 Air Pollution Control: The Municipality has not installed dust suppression systems, fire prevention measures, or developed greenbelts around the site. Only three movable water tankers are available for emergencies.
18.9 Fire Hazard Management: Despite CPCB's 26.05.2022 directions, no fire extinguishing arrangements, such as sand, foam, or dedicated fire tenders, were found.
Page 9 of 1218.10 APPCB Enforcement: APPCB has repeatedly reviewed and issued directions to the Municipality (latest on 10.01.2024) for non-compliance of SWM Rules, 2016. Regular monitoring of water quality continues.
19. The reports clearly establish that indiscriminate dumping of waste on the riverbank has taken place, as confirmed by inspection findings. The subsequent claim of partial compliance by the Municipality does not absolve it of past and continuing violations.
20. It is pertinent to note that Rule 15 of the SWM Rules, 2016, casts a mandatory duty on municipalities to ensure scientific collection, segregation, processing, and disposal of waste. However, the Municipality has failed to develop the requisite infrastructure for processing the 35 TPD of waste generated and has also not implemented systems for leachate management, air pollution control, or fire safety. This demonstrates serious lapses in adopting permanent and sustainable waste management solutions.
21. Furthermore, the Hon'ble Supreme Court of India, in a series of decisions, has consistently held that the implementation of the SWM Rules, 2016, is a mandatory obligation of the municipalities. Financial constraints or administrative difficulties cannot be taken as a defence. Municipalities are, therefore, required to ensure scientific disposal, segregation, recycling, and clearance of legacy waste, failing which accountability may be fastened not only on the municipal officers but also on the State authorities.
22. In the facts and circumstances of the present case, this Tribunal observes with concern that the Municipality, which is expected to act as a role model in implementing scientific waste management practices, has itself resorted to dumping waste on the banks of the river. Such conduct not only defeats the very object of the SWM Rules but also sets a wrong precedent before the public. When the authorities themselves indulge in such prohibited activities, it sends a message of tolerance towards Page 10 of 12 illegality and encourages the public to follow the same practice, which is wholly unacceptable and detrimental to environmental protection.
23. In light of the foregoing discussion, this Tribunal finds it appropriate to issue the following directions to the concerned authorities:
I. Narsapur Municipality shall forthwith stop all dumping of solid waste on the riverbanks or CRZ areas.
II. Narsapur Municipality shall, within three (3) months, establish facilities for segregation, transportation, and processing of the 35 TPD of waste generated, strictly in accordance with SWM Rules, 2016. Until such facilities are established, all municipal waste shall be transported to authorized Waste-to-Energy or other approved processing facilities.
III. Narsapur Municipality shall, within three (3) months, install leachate collection and treatment systems, including the dust suppression measures, fire prevention systems, and greenbelt development. Compliance status shall be reported to the APPCB.
IV. The APPCB shall monitor river water and groundwater quality on a quarterly basis and publish results on its website.
V. If the above directions issued to the Narsapur Municipality are not complied with in a time bound manner, the APPCB shall take stringent action against the Narsapur Municipality in accordance with law, including levy of environmental compensation for the past, present and continuing violation, if any.
VI. The APPCB shall oversee the implementation of the directions and file a compliance report within six (6) months before this Tribunal. In the event the APPCB fails to take necessary measures to ensure Page 11 of 12 compliance by Narsapur Municipality, it shall also be deemed guilty and rendered liable for action under Section 28 of the National Green Tribunal Act, 2010.
24. With the aforesaid directions, the Original Application [O.A. No.302 of 2024 (SZ)] is disposed of, granting liberty to the Applicant to approach this Tribunal afresh in the event of any future violations by the Municipality.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Prashant Gargava, EM Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.302/2024 (SZ) 03rd September, 2025. Mn.
Page 12 of 12