National Green Tribunal
Subhash Datta vs Viswa Bharati University on 5 December, 2022
Item No.04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.129/2022/EZ
Subhas Datta Applicant(s)
Versus
Vishwa Bharati University & Ors. Respondent(s)
Date of hearing: 05.12.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. Subhas Datta, in person
For Respondent(s) : Ms. Sucharita Biswas, Advocate for R-1,
Mr. Sudip Kumar Dutta, Adv. for R-2&3,
Mr. Siddhartha Ghosh, Advocate for R-4,
Mr. Dipanjan Ghosh, Advocate a/w Mr. Prithwish Basu,
Advocate for R-5,
ORDER
1. Mr. Subhas Datta, the Applicant, is present in person.
2. Affidavit dated 02.12.2022 has been filed on behalf of the Respondent No.5, West Bengal Pollution Control Board; the same is taken on record.
3. Along with this affidavit, an Inspection Report of inspections carried out on 11.11.2022 and 16.11.2022 has been filed. The observation, other relevant information and remarks/recommendations in the Inspection Report read as under:-
"Report of the inspection carried out by West Bengal Pollution Control Board on 11/11/2022 & 16/11/2022 at Viswa Bharati University & its precincts, with the assistance of Bolpur Municipality & Sriniketan Shantiniketan Development Authority (SSDA), in compliance with the Orders of Hon'ble NGT, EZ Bench dated 14/09/2022 & 01/11/2022 in connection with O.A. no.129/2022/EZ.1
Observation:
On 11/11/2022, the inspecting group comprising of officials from WBPCB, UD&MA Dept., SSDA & Bolpur Municipality visited area of the university campus and the adjacent areas, guided by the Visva Bharati University officials. The total area of the campus is about 1128.5 acres and holds a fixed population of about 12,000 & a floating population of about 15,000 daily. In visva Bharati University campus area and its fringe area following types of land ownership & its use pattern has been observed:
Visva Bharati University owned land having offices, libraries, departments, hostels, hospital, market, academic/non-academic staff quarters and some leased out shops.
Fields being used for regular sporting activities and in specific seasons for fair & restival.
Visva Bharati University owned ponds
Visva Bharati University's land leased out to some
Asramiks.
Roadside lands of Visva Bharati University and fringe
area being used by a good no. of different kinds of informal permanent and movable shops of food & non- food items.
Tribal village lands for their residential purpose. Private ownership plots/lands for residential use, office/institute, commercial purpose and forest(Deer Park and Sonajhuri).
Considering the fixed and floating population as mentioned above, the solid wastes generated from the campus area are to the tune of about 8 MT/day. It was noticed that solid wastes comprising of papers, plastics, cloths, etc., were disposed at different points beside the roadsides & pathways, both within the campus & and its fringes. There is not proper solid waste management system (no segregation, collection & storage0 and no Solid Waste Management Plant exists. However, Visva Bharati University officials informed that solid wastes generated from the different establishments (residential quarters, hostels, market, etc.) within the campus are managed locally. An 2 agency (namely Mahadal) engaged by the Visva Bharati University collects dry wastes from the campus once a week but the final mode of disposal could not be specified by them. The officials also informed that a good percentage of residents and markets of outside campus area dispose their mixed wastes on vacant land of the campus area and its fringes. The university had not entered into any agreement with Bolpur Municipality for clearing & management of solid wastes.
No proper drainage system exists within the university campus. Sewage/sullage generated from the different establishments within the campus is treated through individual septic tanks and discharged to dedicated soakpits. Septic tank sludge generated due to periodical cleaning of septic tanks is buried in soil without any proper treatment. Liquid waste management plant (Sewage Treatment Plant) has yet to be set up.
Other relevant information:
Visva Bharati University officials alleged that untreated sewage water from the Bolpur Municipality area falls into the large water body (Bhubandanga Bandh) owned by Visva Bharati, thereby polluting the water body. In order to verify such allegation, the inspecting group met for the second time on 16/11/2022. A large number of local people along with the Councillor (Sri Sukanta hazra) of ward no.7 of Bolpur Municipality were also present.
It was observed that the water body Bhubandanga Bandh has four divisions namely Lalbandh (forming the sourthern part), Dalbandh (forming the eastern part), Barobandh (forming the western part) & Chhotobandh (forming the northern part) and covers a total area of about 28 acres. The waterbody is situated in Bolpur Municipality area, and not within the campus area. All parts of the water body were seen to be fully covered with water hyacinth. Three drains of the ward no.7 have their outfalls into Lalbandh only. No drain from any other area falls into any of the other three parts of the water body.
The local people also counter alleged that Visva Bharati University is indifferent towards cleaning the water body, 3 which was constructed in the year 1936 with the aim to meet the water demand of the local people then, and there is no effort to restore it to the original state. Also, on 16/11/2022, WBPCB officials visited Pearson Hospital, which is a captive hospital owned & oper4ated by Visva Bharati University, having OPD as well as indoor section with bed capacity 37 for treating university staff & students only. It was observed that the hospital possesses one incinerator (single chambered, 5 kg/hr capacity) for treating incinerable bio-medical wastes (BMW). Also, two autoclaves exist in a room opposite to the operation theatre. The incinerator was found in defunct state. The Chief Medical Officer (Dr. Arindam Chatterjee) informed that BMW is presently disposed in a pit in the backyard of the hospital premises and burnt. He also informed that as the operation theatre is not used presently, the autoclaves are lying idle. It may be mentioned here that the hospital possesses no Consent to Operate and Bio-Medical Waste Authorization of WBPCB. Photographs taken during inspection are annexed herewith for ready reference.
Remarks/Recommendations:
1) As a bulk waste generator, the Visva Bharati University is in total non-compliance w.r.t. the provisions of Solid Waste Management Rules, 2016 & As amended. It should immediately set up an arrangement for proper segregation, collection, storage and disposal of solid wastes generated from its campus area as per Solid Waste management Rules, 2016 & as amended.
Alternatively, the University may enter into an agreement with Bolpur Municipality for proper management of solid wastes.
2) As regards waste management in Shanitiniketan area, Bolpur Municipality cannot be exonerated from its responsibility of properly handling both solid & liquid wastes. The Municipal Authority along with authorities of Visva Bharati University, SSDA & Shantiniketan Trust should chalk out a plan on war footing basis for proper management of solid & liquid wastes. The Municipal Authority should also look into the matter so that no 4 sewage/sullage from municipality area enters into the Bhubandanga Bandh.
3) Visva Bharati University hospital is also violating the provisions of Bio Medical Waste Management Rules, 2016 & as amended. The hospital authority may be directed to strictly follow Bio Medical Waste Management Rules, 2016 & as amended and obtain necessary Consent to Operate and Bio-Medical Waste Authorization from WBPCB.
4. Ms. Sucharita Biswas, learned Counsel appearing for Respondent No.1, Viswa Bharati University, states that she has filed affidavit dated 23.11.2022 but the same is not on record.
5. The Counsel for the Respondent No.1 may verify from the Registry of the Tribunal as to why the same is not on record and e-file the same within one week.
6. Mr. Siddhartha Ghosh, learned Counsel appearing on behalf of the Respondent No.4, Sriniketan Shantiniketan Development Autohrity, also states that he has filed affidavit on behalf of the said Respondent but the same is not on record.
7. The Counsel for Respondent No.4 may also verify from the Registry of the Tribunal as to why the same is not on record and e-file the same within one week.
8. Mr. Sudip Kumar Dutta, learned Counsel appearing for State Respondents, Govt. of West Bengal, states that the counter-affidavit is ready but could not be filed since officer concerned is on leave.
Let the same be filed within two weeks.
9. We also direct the Respondent No.1, Viswa Bharati University, to file its response in respect to the Inspection Report filed along with the affidavit dated 02.12.2022 within three weeks.
510. List on 03.01.2023.
..................................... B. Amit Sthalekar, JM .................................
Dr. Afroz Ahmad, EM December 05, 2022 Original Application No.129/2022/EZ AK 6