National Green Tribunal
News Item Titled Cag Faults Citys Waste ... vs Meghalaya Pollution Control Board on 27 May, 2025
Item No.4 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Physical Hearing with Hybrid Option)
Original Application No.217/2024/EZ
(Earlier O.A. No.1205/2024/PB)
News Item titled "CAG faults city's waste processing"
appearing in the Shillong Times dated 16.09.2024
Date of hearing: 27.05.2025
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
Applicant(s): Suo Motu
Respondent(s): Ms. K. Enatoli Sema, Advocate for R-1 (in Virtual Mode)
Mr. Surendra Kumar, Advocate for R-2
Mr. D. N. Ray, Sr. Advocate a/w Mr. Sourav Haldar,
Advocate for R-3 (in Virtual Mode)
Mr. Avijit Mani Tripathi, Advocate for R-4, 5 & 6 (in
Virtual Mode)
ORDER
1. Tribunal took cognizance of the present matter suo-moto in the light of a news item "CAG faults city's waste processing" published in Shillong Times dated 16.09.2024.
2. The news item relates to the waste processing efficiency in Shillong, particularly at the Shillong Landfill Facility (SLF) as raised by the Comptroller and Auditor General of India. As per the article, the SLF, established under North Eastern Region Capital Cities Development Investment Program (NERCCDIP), was designed to have a lifespan of 15 years, up to 2029. However, due to inefficient waste processing, the landfill's operational lifespan has been significantly reduced. Phase I of the SLF, completed in May 2017, is already fully utilized and covered with 1 vegetation. Phase II, completed in February 2021, is filling up rapidly and is expected to last only until 2025.
3. The news item states that CAG Report highlights that lack of efficient waste processing has led to premature filling of the landfill. Furthermore, the existing waste processing facilities are insufficient to handle the volume of waste generated by the city. This has led to improper processing and increased waste backlog. The waste processing activities are not in full compliance with environmental regulations and standards. This includes inadequate measures for waste segregation and treatment. The inefficiencies in waste processing are leading to environmental degradation. Unprocessed waste and improper disposal contribute to pollution and health hazards.
4. Finding that the issue raised in the above news item gives rise to substantial issues relating to compliance of provisions of Environment (Protection) Act, 1986 (hereinafter referred to as 'EP Act, 1986') and Solid Waste Management Rules, 2016 (hereinafter referred to as 'SWM Rules, 2016'), vide order dated 01.10.2024, this Tribunal impleaded the following as respondents, issued notices to them and required them to file responses:
(i) Meghalaya State Pollution Control Board (hereinafter referred to as 'MSPCB'), through its Member Secretary Meghalaya Pollution Control Board, Khanapara, Shillong-793014, Meghalaya;
(ii) Central Pollution Control Board (hereinafter referred to as 'CPCB'), through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Shahdara, Delhi-110032;
(iii) Ministry of Environment, Forest and Climate Change (hereinafter referred to as 'MoEF&CC'), through its Regional 2 Officer, Regional Office (Northeast), Ministry of Environment, Forest and Climate Change, Guwahati- 781021, Assam; and
(iv) District Magistrate, Shillong, Office of District Magistrate, East Khasi Hills District, Shillong - 793001, Meghalaya.
5. Respondent 1 i.e., MSPCB has filed its reply dated 08.01.2025 stating that the officials of MSPCB carried out inspection of the Sanitary Landfill Facility of Shillong Municipal Board located at Marten, Mawiong, East Khasi Hills District Meghalaya on 01.08.2024. The inspection team found that geothermal lining is all peeled off and in deteriorated condition.
It also found that drainage system and leachate plant were not maintained at all. Inspection Report is at page 15 and its observations and remarks are as under:
"OBSERVATION:
1. Total waste received at the facility is around 150 ton per day.
2. No segregation of solid waste, the solid waste both biodegradable waste & non-biodegradable waste were dumped. When enquired, the person present at site informed that 50% of the mixed waste i.e. 75 TPΑ approx is dumped and further treated in the composting plant and remaining 50% is dumped directly in the landfill site (Pic, enclosed as Plate -I).
3. Road leading to the areas where all mixed waste were dumped is in deteriorated condition (Pic. enclosed as Plate-11).
4. Solid waste were observed littering around the approach road.
5. Weight bridge installed found non-operational at the time of inspection. Data is observed to have been recorded manually, however the data on waste to be disposed was not recorded.
6. Recyclable materials is being pickup by rack picker with no personal protective equipment provided. When enquired, it was informed that around 8 tonnes approx of recyclelable is being collected by the informal sector.
7. Clearing of Legacy waste through excavator has started since June, 2024. One trommel machine installed for segregation of legacy waste (Pic, enclosed as Plate -III). Trucks were seen waiting in line for loading of the segregated plastic waste. Authorization yet to be obtained.
8. The geo thermal lining is all peeled off and in deteriorated condition, due to which it is most likely possible for leachate to find ways penetrating into the ground (Pic enclosed as Plate - IV).3
9. The drainage system and leachate treatment plant constructed is not at all being maintained. The leachate is observed discharging directly without proper treatment (Pic enclosed as Plate - V).
10. Green belt not maintained.
11. No facility provided for washing or cleaning of vehicles carrying and disposing solid waste.
Remarks:
• The above facilities were found operating without Consent to Operate and without valid Authorization."
6. MSPCB sent a letter dated 14.08.2024 informing Chief Executive Officer, Shillong Municipal Board about the deficiencies and directed to take immediate action to address the issues pointed out during the inspection.
7. Another inspection was carried out on 09.10.2024 by MSPCB to monitor compliance but no substantial progress was observed. Inspection report dated 09.10.2024 is also on record and the observations made thereunder reads as under:
Sl Directions on the Observation as Observation on the Action No. per the inspection on 1st August, taken by 2024 the SMB 1 Non segregation of solid waste, The mix solid waste were the solid waste both being dumped without biodegradable waste & non segregation. However, a biodegradable waste were portion of the Bio-degradable dumped waste was also diverted to the composting unit within the premises of the sanitary landfill.
2 Road leading to the areas where No action has been taken.
all mixed waste were dumped is in deteriorated condition.
3 Solid waste were observed Solid waste were still
littering around the approach observed littering along the
road approach road.
4 Weight bridge installed found Weight bridge has been
non-operational at the time of repaired and operational. inspection. Data is observed to have been recorded manually, 4 however the data on waste to be disposed was not recorded.
5 Recyclable materials are being Personal protective equipment
pickup by rack picker with no like Gumboots and mask were
personal protective equipment observed to be worn by some
provided. of the rack pickers.
6 Clearing of Legacy waste Authorisation have not been
through excavator has started applied for.
since June, 2024. One trommel
machine installed for
segregation of legacy waste.
Trucks were seen waiting in line
for loading of the segregated
plastic waste. Authorization yet
to be obtained.
7 The geo thermal lining was No action has been taken.
peeled off and in deteriorated
condition, due to which it is most
likely for leachate to find way
into the ground.
8 The drainage system and No action has been taken.
leachate treatment plant However, it was also
constructed is not being observed the leachate was
maintained. The leachate is leaking from the cracks of the
observed discharging directly retaining was in phase II of
without proper treatment. the Sanitary Landfill Enclosed
herewith at Annexure-1 is the
Test Report of the Waste
Water collected on 1st August,
2024 in which all the
parameters of the Test Report
has exceeded the Standards
for Land Disposal of
Leachates as per the Solid
Waste Management Rules,
2016.
9 Green belt not maintained. No action has been taken.
10 No facility provided for washing No action has been taken
or cleaning of vehicles carrying
and disposing solid waste.
11 Authorisation in FORM-1 of the Authorisation have not been
SWM Rules, 2016 for setting up applied for.
the waste processing, treatment
or disposal facility
12 Application for Consent to Consent to Operate have not
Operate of the Sanitary Landfill. been applied for.
5
Note: Sample of Waste Waster was collected from the Leachate Treatment tank for analysis."
8. Show cause notice was issued by MSPCB to Chief Executive Officer of Shillong Municipal Board on 28.10.2024 alleging following violations:
"7. Whereas, Shillong Municipal Board has violated:-
i. Section 25 of the Water (Prevention and Control of Pollutions Act 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act 1981 for operating a Restaurant without a valid Consent To Operate from the Board.
ii. Section 24(1) (a) &(b) of the Water (Prevention and Control of Pollution) Act 1974 for discharging leachate waste water directly into land/stream.
iii. Rule 15(y) of the Solid Waste Management Rules, 2016 for operating without authorization from the Board."
9. Municipal Board was required to show cause as to why exercising powers under Section 33A of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'Water Act, 1974') and Section 5 of EP Act, 1986, action be not initiated against the Board.
10. Municipal Board did not give any reply and, thereafter, order dated 07.01.2025 was passed imposing environmental compensation of Rs.26,25,000/- by issuing directions under Section 33A of Water Act, 1974 and Section 31A of Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as 'Air Act, 1981') and Municipal Board was required to pay the said amount within 15 days.
11. Reply affidavit dated 10.01.2025 is filed by respondent 3i.e., MoEF&CC having its office at Shillong Meghalaya. It has referred to the various provisions of SWM Rules, 2016 and states that State PCB is responsible for effective enforcement of the said Rules. The stand taken by respondent 3 in paras 4 to 9 is reproduced as under:
6"4. That at the outset, it is submitted that this Ministry has notified Solid Waste Management (SWM) Rules 2016, in supersession to the Solid Waste (Management and Handling) Rules, 2000, vide S.O No. 1357(E) on dated 8th April 2016. Copy of the said Rules is annexed herein as Annexure-R-3/1. The Notification S.O. 1357 (E) dated 08.04.2016, has been further amended vide S.O. 1152 (E) dated 19.03.2020. Copy of the Notification S.O. 1152 (E) dated 19.03.2020 is annexed herein as ANNEXURE R-3/II. The said rules provide statutory framework for the management. of the solid waste in the country.
5. That Rule 15 of the SWM Rules, 2016, prescribes the duties and responsibilities of local authorities and village Panchayats of census towns and urban agglomerations. The local authorities and village panchayats are, inter-alia, mandated to facilitate construction, operation, and maintenance of solid waste processing facilities and associated infrastructure be facilitated either independently or through private sector participation or any other agency, to ensure the optimal utilization of various components of solid waste by adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Housing and Urban Affairs from time to time and standards prescribed by the Central Pollution Control Board as quoted below:
"15(v) facilitate construction, operation and maintenance of solid waste processing facilities and associated infrastructure on their own or with private sector participation or through any agency for optimum utilisation of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Housing and Urban Affairs from time to time and standards prescribed by the Central Pollution Control Board. Preference shall be given to decentralised processing to minimize transportation cost and environmental impacts such as-
a) bio-methanation, microbial composting, vermi-
composting, anaerobic digestion or any other appropriate processing for bio-stabilisation of biodegradable wastes;
b) waste to energy processes including refused derived fuel for combustible fraction of waste or supply as feedstock to solid waste based power plants or cement kilns;
6. Further, clause (w) of rule 15 of SWM Rules, 2016, inter-alia, mandates local authorities and village panchayats to undertake on their own or through any other agency, construction, operation and maintenance of sanitary landfill and associated infrastructure as per Schedule 1 for disposal of residual wastes in a manner prescribed under these rules.
77. That Schedule I of the SWM Rules, 2016, outlines the criteria for site selection, inter alia, including that the landfill site must be located at least 100 meters away from rivers, 200 meters from ponds, highways, habitations, public parks, and water supply wells, and 20 kilometers away from airports or airbases. However, in special cases, a landfill site may be set up within 10 to 20 kilometers away from the airport or airbase, provided a no- objection certificate is obtained from the Civil Aviation Authority or Air Force, as the case may be. Additionally, landfill sites are prohibited within floodplains recorded for the last 100 years, coastal regulation zones, wetlands, critical habitat areas, and sensitive eco-fragile areas.
8. That Schedule I of the SWM Rules, 2016, also provides, criteria for the development of facilities at sanitary landfills, specifications for land filling operations and closure on land filling, criteria for post care of landfill site and pollution prevention measures, such as water quality and ambient air quality monitoring.
9. That as per Rule 16 of SWM Rules, 2016, the State Pollution Control Board or Pollution Control Committee is responsible for the effective enforcement of these rules."
12. CPCB i.e., respondent 2 has also filed its reply/response dated 19.11.2024 and therein also it has referred to various provisions of SWM Rules, 2016 as also various directions issued by CPCB for proper management, handling and disposal of solid waste. It is also mentioned that MSPCB officials have found non-compliance of the said Rules after due inspection of the site. The stand taken by respondent 2 in, paras 5 to 8 of reply reads as under:
"5. That, Ministry of Environment, Forest and Climate Change (herein referred as MoEF&CC) has published a Gazette Notification for implementation of SWM Rules, 2016 on 08.04.2016, copy of which is available at СРСВ website at wherein the duties & responsibilities of each stake holder has been notified.
a. Rule 4, of SWM Rules, 2016 defines duties of waste generators, for segregation and storage of the waste generated by them in three separate streams namely bio- degradable, поп-biodegradable and domestic hazardous 8 wastes in suitable bins and handover segregated wastes to authorized waste pickers/collectors.
b. Rule 11, sub rule (f) of SWM Rules, 2016 defines the duties of the Secretary-in-charge, Urban Development in the States and Union territories for ensuring identification and allocation of suitable land to the local bodies for setting up of processing and disposal facilities for solid waste.
c. Rule 12 of SWM Rules, 2016 delineates the duties of District Magistrate or District Collector or Deputy Commissioner to facilitate identification and allocation of suitable land as per clause (f) of rules 11 for setting up solid waste processing and disposal facilities to local authorities in his district.
d. Rule 15 of SWM Rules, 2016 defines the duties and responsibilities of local authorities (i.e. Shillong Municipal Board (SMB) for door-to-door collection of segregated solid waste from all household's premises and establish a system to recognize organizations of waste pickers/collectors and promotion of their participation in solid waste management to implement SWM Rules, 2016 in its territory.
e. Rule 16 of SWM Rules, 2016 defines the duties of SPCBs/PCCS for enforcement & implementation of these rules in their State through local bodies as well as monitor environmental standards and adherence to conditions as specified under the Schedule I and Schedule II for waste processing and disposal sites.
f. That, Rule 19 of SWM Rules, 2016 delineates the criteria for duties regarding setting-up solid waste processing and treatment facility, wherein, the department in charge of the allocation of land assignment is responsible for providing suitable land for setting up of the solid waste processing and treatment facilities and notify such sites by the State Government or Union territory Administration. Moreover, Rule 19 also mandates the operator of the facility to design and set up the facility as per the technical guidelines issued by the Central Pollution Control Board in this regard from time to time and the manual on solid waste management prepared by the Ministry of Urban Development.
g. Rule 20 of SWM Rules, 2016 defines the criteria and actions to be taken for solid waste management in hilly areas for setting up a transfer station at a suitable enclosed location to collect residual waste from the 9 processing facility and inert waste including identification of a suitable land in the plain areas down the hill within 25 kilometers for setting up sanitary landfill to dispose the residual waste from the transfer station at the sanitary landfill.
h. That it is humbly submitted that CPCB has also issued following guidelines as per the SWM Rules, 2016 for proper management, handling, and disposal of solid waste:
i. Guidelines for disposal of Cigarette/Bidi butts ii. Final Guidelines for Carcass Disposal ili. Amendment in Guidelines on the provision of buffer zone around waste processing and disposal facilities issued under SWM Rules, 2016 iv. Guidelines for Disposal of Legacy Waste (Old Municipal Solid Waste) v. Guidelines for Management of sanitary wastes vi. Selection criteria for Waste Processing Technologies.
6. That, in reference to the Order dated 01.10.2024 passed by Hon'ble NGT in the suo-motu matter of OA No. 1205/2024, Regional Directorate North-East (RDNE), CPCB-Shillong has requested Meghalaya State Pollution Control Board (MSPCB) for joint inspection of SLF at Marten vide letter dated 07.10.2024.
7. Further, it is humbly submitted that Officials from RDNE, CPCB-
Shillong, Officials from MSPCB jointly visited the SLF on
09.10.2024 to verify the factual information. The important observations and recommendations made, by the officials during the (ibid) joint visit, are as follows:
• It was observed that SLF processes about 166 Tonnes Per Day (TPD) of collected solid waste, out of which about 76 TPD is composted in compost plant, 6 TPD is processed in Waste Recovery Centres with the help of the self-help groups to recover the recyclable materials. Rest 84 TPD of waste is disposed at landfill.
• It was observed that SLF, Marten has cumulative capacity of 1,34,129 Tonnes, which was developed in two phases. As per the design details, Phase-I has available capacity of 53,000 Tonnes and it was handed over to SMB by State Investment Project Management and Implementation Unit (SIPMIU), Shillong on 04.10.2017. On the other hand, Phase-II has capacity of 81,129 Tonnes and it was handed over to SMB by SIPMIU, Shillong on 30.04.2021.
• During the design of the landfill, it was assumed that Waste generation in 2014 and 2029 as 149 TPD and 240 TPD and 10 waste to be disposed at the landfill site for the same period has been calculated as 29.9 TPD & 24.5 TPD. It is observed that the actual quantity of waste disposed (84 TPD) at land- fill is much higher than the design considerations (~25- 30TPD). Moreover, the waste was not found to be compacted to the desired density before dumping into the land-fill, as per the design considerations during the day of visit.
• Further, traces of e-waste, plastic bags, small packet of multi- layer packaging etc. was observed with the waste disposed at the landfill site, indicating improper segregation of waste.
• Phase-I of the SLF was observed to be fully utilized and Trommel Screen machine was seen for sorting the waste at the time of visit. The sorted waste is being sent to nearby cement plants as Refuse-derived fuel (RDF) as reported. Partial vegetation cover was seen in the Phase-I of the SLF. Phase-II of the SLF was seen to be almost full with MSW with a little space remaining on the day of visit.
• Leachate collection and treatment system was found in the field; however visual appearance of the leachate treatment facility gave an impression that it was not operated regularly. Moreover, there is no system observed for diversion of storm water to minimize leachate generation and to avoid flooding/water logging as per CPCB guidelines.
• MSPCB officials collected the samples from the outlet of the leachate treatment facility on the day of visit for analysis in their laboratory. The analysis report reveals that Total Dissolved Solids (8694 mg/l as against 2100 mg/l), Total Suspended Solids (2705 mg/l as against 200 mg/l), Chloride (1150 mg/l as against 600 mg/l) and Biochemical Oxygen Demand (1382 mg/l as against 100 mg/l) are not complying with the prescribed standards for land disposal of treated leachates as per SWM Rules, 2016.
• The concerned department/authority should identify alternate solid waste processing and disposal sites at the earliest considering the pre-mature filling of the existing land- fills. Further it should be ensured that segregated Inert waste compacted as per the design considerations is only disposed at the landfill site. The Visit Report is enclosed at Annexure-I. It should further be ensured that the waste should be segregated as per the processing facilities requirement for efficient processing and adequate arrangement for leachate management should be made at the site.
118. That, the Annual report submitted by MSPCB for the year 2023- 24 In respect of implementation of Solid Waste Manegement under SWM Rules, 2016 is enclosed herewith as Annexure- II."
13. Deputy Commissioner, East Khasi Hills District, Shillong i.e., respondent 4 in its reply/response dated 21.03.2025 has not disputed the basic facts but stated that a new landfill site has been identified and it shall be made effective by December 2025. He has also referred to environmental compensation imposed by MSPCB and said that it is taking all possible steps to comply with it. However, it has been categorically stated by respondent 4 that Shillong Municipal Board and Urban Affairs Department of Government of Meghalaya, Shillong are not under the administrative control of respondent 4, therefore, it has limitation in discharging its duties with regard to show cause notice issued by MSPCB regarding management of solid waste in Shillong city. Reply given by respondent 4 in paras 3 to 12 reads as under:
"3. That it is most respectfully submitted at the outset that the Solid Waste Management of Shillong City, including the management of the Sanitary Landfill at Marten is being managed by the Shillong Municipal Board and the site has been provided by the Urban Affairs Department, Government of Meghalaya which is the nodal Department for urban planning.
4. That it is most respectfully submitted that the Shillong Municipal Board and the Urban Affairs Department of the Government of Meghalaya is not within administrative control of the answering Respondent and it is most humbly submitted that the Shillong Municipal Board and the Urban Affairs Department may kindly be impleaded as party Respondents for alleviating the concerns raised in the CAG Report about the shortcomings in Municipal Solid Waste disposal in Shillong city.
5. That it is most respectfully submitted that the Ld. Principal Bench of this Hon'ble Tribunal is seized with the identical issue for whole of the State in O.A. No.606 of 2018 titled as Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues, whereby the Shillong Municipal Board, Urban Affairs Department and Forest and Environment Department are filing the six-monthly progress and status reports in compliance with directions issued from time to time by the Ld. 12 Principal Bench, including that of management of the Landfill site at Marten.
6. That on previous date of hearing, i.e. 05.09.2024, the Ld. Principal Bench has been pleased to constitute a Committee for independent assessment of compliance of Solid Municipal Waste Management Rules, 2016 in the State and the matter is next listed for consideration of report of the Committee and hearing before Ld. Principal Bench on 27.03.2025. The relevant portion of the previous orders dated 05.09.2024 passed by the Ld. Principal Bench is as under:
5. We have examined the report. From this report, following position in respect of solid and liquid waste management in the State of Meghalaya is reflected:-
We find that no progress has been made after the last order dated 22.12.2022 and deficiencies and the gaps in management of solid waste and sewage are as under:
[A] Solid Waste Management
(i) There exists a gap in the processing of solid waste to the extent of 114 TPD which is adding to legacy waste every day.
(ii) There is no disclosure on the utilisation of 94 TPD compost and its quality. Further, there is no disclosure on the rejects coming out of the process of composting and its disposal.
(iii) There is almost no waste processing in other local bodies like; Shillong Cantonment Board, Tura, Jowai, Williamnagar, Resubelpara, baghmara and other three Town Committees and unprocessed waste must be piling up and when dumped down the hills and it may be entering in streams.
(iv) We find that no characterisation has been disclosed about inerts being landfilled to ascertain that no other waste is comingled.
(v) It needs to be ascertained in what manner recycling (scrap -58 TPD) is being carried out by the Recyclers registered with ULBs.
(vi) We find that 5.16,951 lakh MT (Total legacy waste:
5.39,174 minus remediated waste 22,223) of waste is yet to be remediated. Further, timelines stretching up to December 2026 violate MSW Rules, 2016.
[B] Sewage Management 13
(i) 18.63 MLD black water through septic tanks is either seeping or getting mixed with grey water and being discharged into rivers/streams and drains.
(ii) Performance of existing SBR/MBBR treating 0.435 MLD has not been disclosed and details of types of de- centralised plants to be set up are not provided.
[C] Ring fence Account
(i) An amount of Rs 48.53 crores has been ring-fenced and expenditure incurred on ongoing projects.
6. In view of finding of gaps and deficiencies, we form a committee of representative of member secretary CPCB and IRO of MoEF&CC to file an independent assessment report on sewage and solid waste management in light of observations made. The Committee may undertake field assessment covering Shillong and other local bodies and also suggest viable options to expedite the remediation of legacy waste and setting up of DSTPs. The report be filed by the committee through CPCB at least one week before the next date of hearing by way of affidavit through e-filing.
7. Let a fresh action taken report be filed by the State of Meghalaya covering the aspects noted above at least one week before the next date of hearing by way of affidavit through e-filing.
8. List the matter on 27.03.2025 for consideration of report in respect of State of Meghalaya."
Copies of orders passed by the Ld. Principal Bench of this Hon'ble Tribunal in O.A. No.606 of 2018 dated 29.02.2024 and 05.09.2024 are annexed herewith and marked as ANNEXURE R-4/1 and ANNEXURE R-4/2 respectively.
7. That as such it is most respectfully submitted that the six-monthly progress reports and other material being filed before the Hon'ble Principal Bench in O.A. No.606 of 2018 are available with the Urban Affairs Department of the Government of Meghalaya which are being directly filed through email by the Department before the Hon'ble Principal Bench and as such necessary records to file a comprehensive reply to the issues raised in the CAG Report in the present case is available with the Shillong Municipal Board and Urban Affairs Department, Government of Meghalaya who are better placed to respond to the concerns raised by the CAG Report.
148. That it is most respectfully submitted that however the answering Respondent has conducted two review meetings at District Level for reviewing the progress of Solid Waste Management in Shillong City on 06.11.2024 and 18.03.2025.
9. That the answering Respondent has categorically requested in meeting dated 06.11.2024 to the Urban Affairs Department, Government of Meghalaya to expeditiously identify and operationalize new land fill site as the site at marten is nearing its capacity, Request has also been made to the Shillong Municipal Board to ensure more efficient waste segregation at source level itself. A copy of minutes of meeting dated 06.11.2024 is annexed herewith and marked as ANNEXURE R-4/3.
10. That in meeting dated 18.03.2025, it has been informed by the Shillong Municipal Board that time-line for rectification of all the Shortcomings pointed out by the Meghalaya State Pollution Control Board has been fixed as December 2025 and has submitted its note on present status. The Meghalaya State Pollution Control Board that a new landfill site has been identified and public hearing for grant of environmental clearance is scheduled on 02.04.2025 by the Board.
A copy of minutes of meeting dated 18.03.2025 along with note of Shillong Municipal Board is annexed herewith and marked as ANNEXURE R-4/4.
11. That it is most respectfully submitted that for the environmental violations committed, the Meghalaya State Pollution Control Board has already imposed environmental compensation amounting to Rs.26.25,000/- (Rs. Twenty-Six Lakhs and Twenty- Five thousand only) which may also be utilized by the MSPCB for improving the condition and compliance of environmental norms at the Solid Waste Landfill site at Marten. A copy of order passed by the Meghalaya State Pollution Control Board dated 07.01.2025 is annexed herewith and marked as ANNEXURE R- 4/5.
12. That the aforesaid information may kindly be taken on record and it is lastly submitted that the answering Respondent is presently not keeping well health-wise and has taken medical leave from 24.03.2025 till 28.03.2025 for comprehensive check- up and treatment. Hence, it is most humbly prayed that the answering Respondent may kindly be exempted from personal appearance on 24.03.2025 for which a formal application is being moved simultaneously. The answering Respondent tenders unconditional apology for not being able to be present on 24.03.2025 due to health reasons and shall abide by any further directions that this Hon'ble Tribunal may deem fit proper to pass in the interest of justice."
1514. On behalf of respondent 5, response affidavit has been filed by Secretary to Government of Meghalaya, Urban Affairs Department, Shillong and it has also taken virtually the same stand as has been stated by respondent 2 and 3 but in addition it has also referred to the proceedings of Tribunal in OA No.606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues and the orders passed therein. The stand taken by respondent 5 in paras 2 to 12 reads as under:
"2. That the present case concerns the deficiencies pointed out by the CAG in Solid Waste Management of Shillong City, including the saturation and management of the Sanitary Landfill at Marten. The present Marten Site is being managed by the Shillong Municipal Board and the site has been provided by the Urban Affairs Department, Government of Meghalaya which is the nodal Department for urban planning.
3. That it is most respectfully submitted that the sanitary landfill site at Marten was spread only in 15000 square meters and because of unprecedented increase solid waste generated in recent past beyond projections the site has been saturated before the estimated time.
4. That considering the aforesaid position and distant future requirements, new and much bigger Waste Management site admeasuring 112 acres has been identified at Nonghali near Shillong for setting up a comprehensive waste management facility and the Urban Affairs Department has already made the application for grant of Environmental Clearance along with Environment Baseline Monitoring Report. The Preparation of Environment Management plan is in progress and the site will be made operational after grant of Environmental Clearances.
O.A. 606 of 2018 (Principal Bench) titled as Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues:
5. That it is most respectfully submitted that the Ld. Principal Bench of this Hon'ble Tribunal is seized with the identical issue for whole of the State in O.A. No.606 of 2018 titled as Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues, supervising the progress and status of 16 compliance of the Rules and orders passed by the Hon'ble Principal Bench from time to time.
6. That for during the course of hearing dated 05.09.2024, the Ld. Principal Bench has been pleased to constitute a committee for independent assessment of compliance of Solid Municipal Waste Management Rules, 2016 in the State and directed the Committee and the State Government to file fresh reports. The relevant portion of the order dated 05.09.2024 passed by the Hon'ble Principal Bench of this Hon'ble Tribunal in O.A. No.606 of 2018 is as under:
"6. In view of finding of gaps and deficiencies, we form a committee of representative of member secretary CPCB and IRO of MoEF&CC to file an independent assessment report on sewage and solid waste management in light of observations made. The Committee may undertake field assessment covering Shillong and other local bodies and also suggest viable options to expedite the remediation of legacy waste and setting up of DSTPs.
The report be filed by the committee through CPCB at least one week before the next date of hearing by way of affidavit through e-filing.
7. Let a fresh action taken report be filed by the State of Meghalaya covering the aspects noted above at least one week before the next date of hearing by way of affidavit through e-filing."
A copy of order dated 05.09.2024 passed by the Hon'ble Principal Bench of this Hon'ble Tribunal in O.Α. No.606 of 2018 is annexed herewith and marked as ANNEXURE R/1.
7. That in compliance with the order dated 05.09.2024, the State of Meghalaya has filed its progress/status report dated 22.03.2025 before the Hon'ble Principal Bench of this Hon'ble Tribunal in O.A. No.606 of 2018, outlining the steps taken for compliance with the Municipal Solid Waste Management Rules, 2016. The progress made is summarised as under:
"Addressing Gap in processing of solid waste:
1. A 4 TPD incinerator to process non-recyclable, non-
compostable waste has been set-up in Shillong and operationalized in between the period from September 2024 till March 2025. The current working capacity is 3 TPD.
2. The State is currently working to complete the action plan approved under the Swachh Bharat Mission (SBM) 2.0 in setting up of waste processing plants in Meghalaya's ten 17 Urban Local Bodies (ULB), which has a total capacity of 91 TPD, details of the action plans and progress is enclosed as Annexure IV Table no. 4 at page 23.
3. 10 TPD RDF plant is being operationalized in Turaunder PPP mode.
4. Setting up of decentralized waste to compost units with a total capacity of 10 TPD in Tura has been initiated.
5. The State is taking steps to set up long term integrated waste management facilities and the details are as Annexure IV Table no. 5 at page 24.
Utilization of 94 TPD Compost:
Utilization:
1. The compost has been tested institutions by Central Government and National Accreditation Board for Testing and Calibration Laboratories (NABL) and is found suitable for use. Test reports is enclosed as Annexure V at page 30.
2. The compost produced has been tried by local farmers and the results were found to be promising.
3. A Memorandum of Understanding (MoU) between the ULB and the State Agriculture Department is being finalized to purchase the compost produced by the ULB, subject to the compost meeting the Fertilizer Control Order (FCO) standards.
Details of Rejects & its disposal:
a. Combustible rejects are baled and sent to cement plants. An MoU was signed between the Shillong Municipal Board (SMB) and Dalmia Cement (Bharat) Limited for coprocessing.
b. Inert rejects are disposed in the Sanitary landfill.
With reference to the solid waste processing units in other Municipalities and Town Committees, the detail progress in setting up of processing units with a total capacity of 111 TPD is enclosed as Annexure IV Table no. 4 at page 23.
At present, 34 TPD of rejects is disposed in the Sanitary Landfill Site. As per the study conducted by Call & Fix, a firm engaged for Bio Mining of Legacy Waste, the rejects consist of the following.
1. Refuse-Derived Fuel: 7.5%.
2. Construction & Demolition Waste: 6.5% 18
3. Moisture Loss: 24%
4. Inert: 62% Recyclable and re-usable materials are being collected by the registered local waste-sorters and sold to recycling agencies from the neighbouring states, as recycling plants are yet to be set up in Meghalaya.
Legacy Waste:
Considering the long rainy season in the State which reduces the working period, a timeline of December 2026 has been proposed. However, measures have been planned to complete the process by June 2026.
The measures include additional working shifts and machineries.
Progress on Legacy Waste Management as per the prescribe format by the Hon'ble NGT is enclosed herewith as Annexure II at page 12, and the summary of the Progress report is enclosed in Table No. 2 at page 14.
A copy of the progress report filed by the Government of Meghalaya before the Hon'ble Principal Bench of this Hon'ble Tribunal in O.A. No.606 of 2018 dated 22.03.2025 is annexed herewith and marked as ANNEXURE R/2.
8. That the aforesaid status report was placed before the Hon'ble Principal Bench of this Hon'ble Tribunal in O.A. No.606 of 2018, during the course of hearing dated 27.03.2025 and the Hon'ble Principal Bench has been pleased to pass, inter-alia, the following order:
"3. We have heard learned AG and the Senior officers of the State present virtually to proceed on assessing status of solid and liquid waste management. Status report under the signature of Secretary, Urban Affairs, Government of Meghalaya has been filed on 22.3.2025 disclosing status as on March 2025. We, on examining the report found following deficiencies:-
[A] Solid Waste Management I. Nine local bodies (including SMB, SCB, SUA) generates 314.5 TPD waste and processing 173.7 TPD and unprocessed waste is 140.8 TPD.19
II. Disclosure of waste processing made in Tabulated statement (page 366) reveals that, except Shillong and Jowai, no local body is processing waste in the form of compost and therefore, this raises question on legacy waste in each ULB and all possibilities of rolling down waste by the Communities down the hill or burning it. We require clear factual statement to this effect.
III. We also find that inerts are shown only in respect of Shillong and no other body has disclosed on Inerts and RDF going to Cement plant. Further, we could not get response on operation of Incineration plant currently using 3 TPD with consent to operate and compliance with the standards. We also could not get response on ash management. Therefore, we direct that the observed deficiencies be responded with remedial actions taken.
IV. Annexure IV (page 383) has indicated timelines for setting up of compost plants and other required facilities but, it has not been disclosed that the coming up facilities would cater the need to plug the gap of 140.8 TPD. We also find that, except Shillong, all ULBs generates waste < than 50 TPD and such waste can be stabilised by designing appropriate modules and utilising compost at local level.
V. Processing of legacy waste has been very slow as evidenced that 4.47 LMT of legacy waste is yet to be remediated. Further, it is not clear that how waste in Nongpoh town has increased from 10,000 to 55,000 Tonnes in six months. We also direct that next report should disclose quantities of unprocessed waste and correspondingly, legacy waste existing in each town.
IV. To expedite bio mining process, next report should show work allotted to Executing Agencies on Processing and bioremediation for each town. Rejects out of bio mining should be properly managed particularly for landfilling inerts as per MSW Rules and not co disposing any other waste which is not permissible. Residues should be properly managed with identifying users/processor's with defined manifest system.
[C] Ring Fenced Account Ring fenced amount be allocated to each ULB and the executing agencies should be finalised and not to delay in land requirement and other issues.
4. Let a fresh action taken report be filed by the State of Meghalaya covering the aspects noted above at least one 20 week before the next date of hearing by way of affidavit through e-filing.
5. Learned counsel appearing for the CPCB also seeks two weeks' time to file report in terms of the order dated
05.09.2024.
6. List the matter on 03.11.2025 for consideration of report in respect of State of Meghalaya."
A copy of the order dated 27.03.2025 passed by the Hon'ble Principal Bench of this Hon'ble Tribunal in O.Α.No.606 of 2018 is annexed herewith and marked as ANNEXURE R/3.
9. That it is most respectfully submitted that the report of the independent committee set-up by the Hon'ble Principal Bench of this Hon'ble Tribunal is yet to be received by the State Government and the same shall be placed before this Hon'ble Tribunal as soon as received.
10. That as such it is most respectfully submitted that the six-monthly progress reports and other material being filed before the Hon'ble Principal Bench in O.A. No.606 of 2018 and the directions issued by the Hon'ble Principal Bench fromtime to time is being complied with by the answering Respondent under continuous monitoring of the Hon'ble Principal Bench.
11. That in meeting dated 18.03.2025, it has been informed by the Shillong Municipal Board that time-line for rectification of all the shortcomings pointed out by the Meghalaya State Pollution Control Board has been fixed as December 2025 and has submitted its note on present status. The Meghalaya State Pollution Control Board that a new landfill site has been identified and public hearing for grant of environmental clearance is scheduled on 02.04.2025 by the Board.
A copy of minutes of meeting dated 18.03.2025 along with note of Shillong Municipal Board is annexed herewith and marked as ANNEXURE R/4.
12. That it is most respectfully submitted that for the environmental violations committed, the Meghalaya State Pollution Control Board has already imposed environmental compensation amounting to Rs.26,25,000/- (Rs. Twenty-Six Lakhs and Twenty- Five thousand only) which may also be utilized by the MSPCB for improving the condition and compliance of environmental norms at the Solid Waste Landfill site at Marten.
21A copy of order passed by the Meghalaya State Pollution Control. Board dated 07.01.2025 is annexed herewith and marked as ANNEXURE R/5."
15. Despite the opportunity granted to respondent 6 i.e., Shillong Municipal Board, it has chosen not to file any reply.
16. Non-compliance of SWM Rules, 2016 is evident. MSPCB has taken action by computing and assessing environmental compensation by order dated 07.01.2025 for the past period but for continuous violation, further compensation is required to be imposed. Further, as violation is still continuing, further penal action is required to be taken against Chief Executive Officer, Shillong Municipal Board, Shillong. However, since stand has been taken by officials respondents that new site has been identified and effective steps to make it operational shall be completed by December 2025, in the interest of justice, we permit respondents 5 and 6 to take effective steps to make the new site operational by December 2025 but for this period, i.e., upto period of December 2025 or till the new site is made operational, environmental compensation for continuous violation shall be computed by MSPCB in accordance with law after giving due opportunity of hearing to respondent 6.
17. We also make it clear that in case respondents 5 and 6 fail to adhere to the above timeline with regard to making a new landfill site operational by December 2025, penal action before adjudicatory Authority shall be taken against the defaulters in accordance with law under Environmental Statutes including EP Act, 1986, Water Act, 1974 and Air Act, 1981 by MSPCB without any further delay and a compliance Report shall be submitted to this Tribunal by February 2026.
2218. With the above directions, this Original Application is disposed of.
Sudhir Agarwal, JM Dr. Arun Kumar Verma, EM May 27, 2025 Original Application No.217/2024/EZ (Earlier O.A. No.1205/2024/PB) R 23