National Green Tribunal
Sh. Neel Mani vs South Delhi Municipal Coorperation on 4 September, 2023
Item No.01 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 92/2023
Neel Mani ...Applicant
Vs
Municipal Corporation of Delhi & Anr. ...Respondents
Date of hearing: 04.09.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Abhinay Sharma AOR, with Ms. Parul Khurana
Advocate.
Respondents: Ms. Tanisha Samanta Adv. for Mr. Balendu Shekhar
Standing Counsel for DPCC.
Mr. Virendra Singh Adv. for Ms. Puja Kalra, Standing
Counsel for MCD.
Application under Section 18(1) read with Sections 14 and 15 of the
National Green Tribunal Act, 2010.
ORDER
1. The applicant has filed the present application under section 18 (1) read-with Sections 14 and 15 of the National Green Tribunal Act, 2010 seeking relocation of the dhalao/garbage dumps situated in front of entry gate of the residence of the Applicant.
2. The applicant has submitted that the father of the Applicant constructed family residence at plot bearing No. 74, West Friends Colony, New Delhi in the year 1954. Next to the house is a service lane, a nallah and then the Friends Colony Club. In earlier times there was another service lane at the other end of the club. At the end of that service lane O.A No. 92/2023 Neel Mani Vs. Municipal Corporation of Delhi & Anr.
2there used to be a place to dump garden waste. The club closed the end of that service lane and made it the entrance to the said Friends Colony club and simultaneously closed access to the dump, which was in the month of April, 2000, moved/shifted to the other side next to plot bearing No. 74, West Friends Colony, New Delhi without intimation to/permission from the applicant. The said dhalao has now been officially made a garbage dump for whole of the Friends Colony (West) causing health hazards not only to the Applicant herein but also the other residents of the Colony thereby violating fundamental rights of the Applicant as guaranteed under Article 14, 19 and 21 of the Constitution of India, which include and are not limited to right to have a clean and healthy environment. The Applicant on several occasions contacted the respondents and raised the requests to relocate the dhalao/garbage dump but the respondents never paid any attention to any of such request. The Applicant filed Writ Petition Civil no. 8854 of 2006 before Hon'ble High Court of Delhi in the year 2006 and Hon'ble High Court of Delhi vide its order dated 03.02.2010 directed the Respondents to maintain the hygienic condition of dhalao and granted liberty to the Applicant to approach Hon'ble High Court of Delhi if aggrieved by the noncompliance of the order dated 03.02.2010 by the Respondents. The Applicant again filed Writ Petition Civil no. 1258 of 2020 before Hon'ble High Court of Delhi. Hon'ble High Court of Delhi vide order dated 05.02.2020 directed the Respondents to maintain the hygienic condition.
However, the Respondents, in violation of the order dated 03.02.2010 and 05.02.2020, are still not maintaining the hygienic condition of the dhalao.
Subsequently, the Applicant withdrew the above said Writ Petition for filing the present Application before this Tribunal.
O.A No. 92/2023 Neel Mani Vs. Municipal Corporation of Delhi & Anr.
33. Vide order dated 21.02.2023, this Tribunal ordered issuance of notices to the respondents and also constituted a Joint Committee comprising of the Commissioner, Municipal Corporation of Delhi (MCD), the Delhi Pollution Control Committee (DPCC) and the District Magistrate (South East), Delhi and directed the same to look into the grievances of the applicant, verify the factual position and suggest appropriate remedial action and file its report within two months.
4. In compliance thereof, report of the Joint Committee was filed vide email dated 25.04.2023 the relevant part of the report reads as under:
"xxxx xxxx xxxx
2. That a joint inspection of the site was carried out on 21.03.2023 by the representative of DPCC, MCD and DM (South-east). During the inspection it was observed that:
The Dhalao as mentioned in the present matter is located in the friends Colony (West), which is adjacent to Plot no. 74, belongs to MCD.
MCD officials informed that MCD is cleaning the Dhalao on regular basis. The collected garbage is then transferred to FCTS (Fix Compactor Transfer Station) located at Abdul Hamid Park, NFC Market for proper disposal.
During the time of Inspection joint committee observed that proper hygiene was being maintained at this dhalao. (Geo tagged photos were taken).
Official of District Magistrate (South - Bast) informed that ownership and cultivator of the land in which this Dhalao is located is in the name of Friends Colony and Friends Co- operative.
Copy of the joint inspection report alongwith photographs taken during the inspection on 21.03.2023 are enclosed herewith as ANNEXURE - 1(Colly).
3. That the Chief Secretary, Delhi passed an order dated 06.04.2023 in compliance with this Hon'ble Tribunal order dated 16.02.2023 passed in OA No. 606 of 2018 entitled as "Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues". This order was passed after collecting information from all the stake holder Departments, the present status and action plan in this regard for the purpose of monitoring important parameters for effective Solid Waste Management, the Department wise action plans for solid waste management in Delhi, is enclosed herewith as Annexures -2. On the issue of closure of Dhalao:
O.A No. 92/2023 Neel Mani Vs. Municipal Corporation of Delhi & Anr.
4(a) In the jurisdictional areas of NDMC and DCB there are no dhalaos existing.
(b)In the MCD areas corporation shall ensure closure of existing 638 dhalaos by 31st December 2024 and some Dhalaos are planned to be retained for disposal of silt and street sweeping waste.
4. In view of the order dated 06.04.2023, passed by the Ld. Chief Secretary, Delhi, as issue is being monitored at the highest level of the Government, further orders may be kept in abeyance. The present Status report may kindly be taken on record."
5. Vide order dated 07.04.2021, this Tribunal, while referring to order passed in O.A. no. 267/2020 in Anubhav Vs. North Delhi Municipal Corporation, directed MCD and DPCC to file status report.
6. In compliance thereof, Status Reports have been filed by MCD and DPCC vide emails dated 01.09.2023 and 31.08.2023 respectively. In the reports filed by MCD and DPCC undertaking has been given that the dhalao shall be closed by 31st December 2024. The relevant part of the report filed by DPCC is reproduced as under:
"xxxx xxxx xxxx
4. That in compliance to the order of Hon'ble National Green Tribunal dated 07.04.2021 in O.A. No. 267/2020 "Anubhav Vs. North Delhi Municipal Corporation" a meeting was taken by the Secretary, Urban Development, Govt. of NCT of Delhi on 08.07.2021 and minutes of the said meeting were sent to Local Bodies, CPCB and Urban Development Department, Govt. of NCT of Delhi vide letter dated 26.08.2021 for urgent necessary action and sending the information / updated status to DPCC within 7 days as mentioned in the said minutes.
Following decisions were taken in the said meeting of Secretary, Urban Development, Govt. of NCT of Delhi, held on 08.07.2021:-
(i) All the local bodies in NCT of Delhi shall take all necessary measures in order to ensure timely removal of Solid waste from all dhalaos/collection points and in case of failure, shall take necessary action against the concerned person.
(ii) All the local bodies shall provide information and updated status in respect of total number of dhalaos/collection points along with timelines and compliance in respect of Rule 15 of the Solid Waste Management Rules,' 2016, in the enclosed Annexures-I and Annexures -II. The said information shall be sent to the DPCC through email within 7 days positively and hard copy signed by the concerned senior officer of the department.
O.A No. 92/2023 Neel Mani Vs. Municipal Corporation of Delhi & Anr.5
(iii) Central Pollution Control Board if necessary shall prepare a Standard Operating Procedure (SOP) and send the same to DPCC through email copy of the minutes of the meeting taken by the Secretary, Urban Development, Govt. of NCT of Delhi on 08.07.2021 issued vide letter dated 26.08.2021 is enclosed as Annexure-I.
5. That Reminders were sent through email on 29.09.2021, 25.11.2021 and 11.01.2023 to Local Bodies & CPCB since information / updated status was not received with respect to the minutes of the meeting taken by the Secretary, Urban Development, Govt. of NCT of Delhi on 08.07.2021. Delhi Cantonment Board submitted its reply vide letter dated 06.09.2021 along with status in Annexure-I & II informing that in their area there were 10 No. of Dhalaos and all the 10 Dhalaos were compliant with Rule 15 of the Solld Waste Management Rules, 2016.
6. That Solid Waste Monitoring Committee (SWMIC) headed by Hon'ble Lt. Governor, Delhi has been constituted by the Hon'ble. National Green Tribunal vide order dated 16.02.2023 in OA. No. 606/2018 in the matter of "Compliance of Municipal Solid Waste Management Rules, 2016 and other Environmental Issues". Chief Secretary, GNCTD is Convener and Secretaries /HODs of various Ministries / Departments of Govt. of India / Delhi are members of the said Committee.
An Action Plan for Solid Waste Management in Delhi has been prepared and an order dated 06.04.2023 has also been issued by Chief Secretary, Delhi. Copy of the said Action Plan and Order dated 06.04.2023 were sent to concerned Departments for necessary action including providing required information as mentioned in the said order & Action Plan. Copy of the order dated 06.04.2023 issued by Chief Secretary, ONCTD has already been submitted to Hon'ble National Green Tribunal in OA. No. 92 of 2023 along with status report filed by DPCC on 25.04.2023.
First meeting of the Solid Waste Monitoring Committee was held on 25.04.2023 and copy of the minutes of the meeting are enclosed as Annexure- 2.
7. That pursuant to the order of Hon'ble Green Tribunal dated 14.07.2023 in O.A. No. 92/2023, a letter was issued to MCD on 11.08.2023 referring the above mentioned orders of Hon'ble Green Tribunal, Minutes of the meeting taken by Secretary, Urban Development, GNCTD on 08.07.2021, order dated 06.04.2023 of Chief Secretary, GNCTD and Action Plan of Solid Waste Management in Delhi prepared by Solid Waste Monitoring Committee (SWMC) constituted by. Hon'ble National Green Tribunal vide order dated 16.02.2023 in OA No. 606 /2018 regarding Compliance of Municipal Solid Waste Management Rules, 2016. and other Environmental Issues, secking present status regarding closure of Dhalaos in Delhi w.r.t. order dated 06.04.2023 of Chief Secretary, GNCTD and Action Plan of Solid Waste Management in Delhi etc. Copy of the letter dated 11,08.2023 issued by DPCC to MCD is enclosed as Annexure - 3.
In response to the above mentioned letter of DPCC Dated. 11.08.2023, MCD vide letter dated 28.08.2023 has provided information including information related to Dhalaos and the same is enclosed as Annexure - 4.
O.A No. 92/2023 Neel Mani Vs. Municipal Corporation of Delhi & Anr.
6As per the said letter dated 28.08.2023 of MCD, there are total 572 No. of Dhalaos and the Dhalaos are compliant with Rule I5 of the Solid Waste Management Rules, 2016.
In the said reply MCD has also informed that initially, there were 1491 No. of Dhalaos out of which 919 No. of Dhalaos have already been closed and 572 No. of Dhalaos are functional. Further, out of 919 No. of closed Dhalaos, 514 No. of • Dhalaos have been converted into alternative use, 173 No. of Dhalaos are proposed for alternative use, 109 No. of Dhalaos have been demolished which were situated on Right of Way (ROW) and 123 No. of Dhalaos are closed but not in use. Additionally, one Dhalao per ward will be retained for catering to. sweeping waste and channel silt and the remaining Dhalaos will be closed by December, 2024.
Following are the Alternative use of Dhallaos as informed by MCD in the said letter:
Amul Milk Booth MRF EV Infrastructure (IGL) Library Reading Room Training Centre for less privileged women and children Safaikaramchari Attendence Centre Senior Citizen Recreation Centre Decentralized Composting Pits
8. That as mentioned in the order dated. 06.04.2023 of Chief Secretary, GNCTD, there is No Dhalaos in the areas under the jurisdiction of New Delhi Municipal Council (NDMC) and Delhi Cantonment Board(DCB).
9. That a letter dated 11.08.2023 was issued by DPCC to CPCB with request to send the Action Taken Report (regarding Standard Operating Procedure (SOP) for Dhalaos / Storage Facility of Solid Waste) writ above mentioned orders and Minutes of the meeting taken by Secretary, Urban Development, Govt, of NCT of Delhi on 08.07.2021. Reply of CPCB with respect to the said letter of DPCC is awaited.
Copy of the letter dated 11.08.2023 issued by DPCC to CPCB is. enclosed as Annexure - 5.
10. That inspection of the two Dhalaos mentioned in the said orders of Hon'ble Green Tribunal dated 07.04.2021 and 14.07.2023 were carried out jointly by DPCC and MCD officials on 21.08.2023 and brief of observations and information gathered during the inspections are as follows:
(1) Dhalao located at Military Road, Bapa Nagar Side, Karol Bagh, Delhi-05
(i)The Dhalao is located at Military Road, Bapa Nagar Side, Karol Bagh, Delhi and having area of about 120 sq. meters. Dhalao is surrounded by residential areas and open (Not Covered from the top). Walls of Dhalao found in broken/damaged condition.
(ii) Dhalao is being operated & maintained by M/s Metro Waste Handling Private Limited on behalf of Municipal Corporation of Delhi.
(iii) Unhygienic condition and smell due to storage of Municipal Solid Waste / Garbage observed during the inspection.
(iv) As informed, the Dhalao receives about 25 Tons per day (TPD) of Municipal Solid Waste from Bapa Nagar, Military. Road, Tank Road, O.A No. 92/2023 Neel Mani Vs. Municipal Corporation of Delhi & Anr.7
Anand Parbat and Teacher Colony. Mixed Municipal Solid Waste found stored at the Dhalao. The collected Municipal Solid Waste from the Dhalao is sent to Bhalswa Dumpsite without any processing
(v) Municipal Solid Waste from the Dhalao is lifted in three shifts through one truck in each shift.
(vi) Representatives of MCD informed that Dhalao will be closed within a month. and Municipal Solid Waste will be sent to FCTS (Fixed Compactor Transfer, Station) located near Anand Parbat, Adjacent to Military Road.
Copy of the Report of the Joint Inspection by Team of DPCC and MCD of the Dhalao located at Military Road, Bapa Nagar Side, Karol Bagh, Delhi-05 on 21.08.2023 is enclosed as Annexure - 6. (2) Dhalao located next to Plot No. 74, West Friends Colony, Delhi- 110065.
(i) The Dhalao is located next to Plot. No. 74, West Friends Colony, Delhi 110065 and having total area of about 80 sq, meters out of which about 20 Sq. meter is covered. Dhalao is having a metal Gate at the front side.
(ii) Dhalao is being operated & maintained by M/s DDSIL (Dakshini Delhi Swatch Initiative Limited) on behalf of Municipal Corporation of Delhi.
(iii) Smell / Unhygienic condition not observed at the Dhalao. Three Metal Containers [Two for Wet Waste (Biodegradable Organic Waste) & One for Recyclable / Non Biodegradable Waste] found at the site of Dhalao.
(iv) No Municipal Solid Waste found during the inspection. It was informed by the representatives of MCD that Door to Door collection of MSW is being done by MCD and this Dhalao receives about 3 Tons per day of Municipal Solid Waste (mainly Green/Horticulture waste) from Friends Colony West (about 150-200 houses). Some Municipal Solid Waste is also dumped by the local people at the Dhalao. Municipal Solid Waste received at the Dhalao is segregated into Dry and Wet Waste. Wet waste is sent to Departmental Compost Pits and Dry Waste is sent to Waste to Energy Plant at Okhla.
(v) Municipal Solid Waste from Dhalao is lifted through MTS (Mobile Transfer Station) Trucks by 12:30PM every day.
(vi) Representatives of MCD informed that. the Dhalao shall be closed by December, 2024 Copy of the Report of the Joint Inspection. by Team of DPCC and MCD of the Dhalao located next to Plot No. 74, West Friends Colony. Delhi- 110065 on 21.08.2023 is enclosed as Annexure - 7.
11. That after the joint inspection of above mentioned two Dhalaos on 21.08.2023, a letter has been issued by DPCC on 30.08.2023 with directions to MOD to ensure:
(a) cleanliness & hygienic conditions at the abovementioned Dhalaos
(b) that there is no smell from the operation of Dhalaos till their closure
(c) take urgent necessary action for closure of both the abovementioned Dhalaos at the earliest
(d) that segregated Municipal Solid Waste is received and processed at the Municipal Solid Waste Processing Facilities in Delhi as per the provisions of the Solid Waste Management Rules, 2016.
Copy of the letter dated 30.08.2023 issued by DPCC to MCD is enclosed as Annexure - 8.
O.A No. 92/2023 Neel Mani Vs. Municipal Corporation of Delhi & Anr.
812. That it is essential that MCD should eliminate open Dhalaos within a timeframe at the earliest and also clears Municipal Solid Waste periodically and timely. There has to be regular and effective door to door collection from households and its enforcement on the part of MCD.
That the status report may kindly be taken on record."
7. MCD shall be bound by the undertaking given in the status report and shall close the dhalao in question at the earliest but latest by 31.12.2024 and maintain good sanitary and hygienic conditions till closing thereof.
8. We find that MCD has proposed alternative use of dhalao as mentioned in the Status Report, However, we consider that use of dhalao for MRF, Decentralized composting Pits and attendance of safai-
karamcharis will not be appropriate and is likely to perpetuate the very same state of affairs which closing of dhalao is meant to remediate Therefore, it will be appropriate that on closure such dhalao are alternatively used as Milk Booth, EV Infrastructure (IGL), Library, Reading Room, Training Centre for less privileged women and children or Senior Citizen Recreation Centre.
9. MCD shall also take appropriate steps to close the remaining dhalao with specific timelines as per directions of the Chief Secretary, Government of NCT of Delhi and directions given by this Tribunal for ensuring compliance with Solid Waste Management Rules, 2016.
10. The CPCB is directed to look into the aspect of issuance of appropriate Standard Operating Procedure (SOP) on the subject applicable to all States/UTs, as already directed by this Tribunal, within three months and file action taken report with the Registrar General of this Tribunal who may, if necessary, direct listing of the matter before the Bench for further directions.
O.A No. 92/2023 Neel Mani Vs. Municipal Corporation of Delhi & Anr.
911. The present OA is disposed of with directions as detailed above leaving the parties to bear their own costs.
12. In case of non-compliance of any of the directions/orders passed by this Tribunal, the Applicant shall be at liberty to move this Tribunal by appropriate proceedings for issuance of further directions in the matter. .
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 4th, 2023 N