National Green Tribunal
Tribunal On Its Own Motion Re Monikhal vs State Of West Bengal Through Chief ... on 26 July, 2022
Item No. 07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No.66/2021/EZ
Tribunal On its Own Motion in
Re: Monikhal Canal Applicant(s)
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 26.07.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Suo Motu
For Respondent(s) : Mr. Sibojyoti Chakraborty, Advocate for State Respondents,
Ms. Paushali Banerjee, Advocate for R-3 (in Virtual Mode),
Mr. Nayan Chand Bihani, Advocate (in Virtual Mode) a/w
Mr. Sibojyoti Chakraborty, Advocate for R-4, KMC,
Mr. Soumitra Mukherjee, Advocate for R-5 (in Virtual Mode),
Mr. Rajib Ray, Advocate for R-6, CPCB,
Mr. Pritwish Basu, Advocate for R-7, WBPCB,
Mr. Indranil Biswas, Advocate for R-8
ORDER
1. One affidavit dated 20.06.2022 has been filed on behalf of the Respondent No.4, Kolkata Municipal Corporation; the same is taken on record.
2. One affidavit dated 19.07.2022 has been filed on behalf of the Respondent No.8, Maheshtala Municipality; the same is taken on record.
3. In the affidavit of Respondent No.8, Maheshtala Municipality, it has been stated that detailed plans have been prepared for waste lifting, road sweeping, drain cleaning. The relevant extract of the affidavit reads as under:-
"3. That in compliance to the order of the Hon'ble Tribunal Maheshtala Municipality has taken several steps towards Solid Waste Management which are as follows:-1
i) Orientation Programs of members of Self Help Group member, Market Committee, Housing Complex have initiated in 19 no wards out of 35 no of wards, taken up. Health and ICDS staffs are also participating in Para-Baithaks.
ii) In 4 no of wards waste are collected in full segregated form.
IEC and allied activities regarding waste segregation have been initiated in 17 other wards.
iii) Proposals for enhancing capacity of Material Recovery Facility, Central Processing Units have been initiated with object to cover all 35 wards, 12 no of Rag pickers have been identified and have already been trained.
iv) The Agency engaged by Kolkata Metropolitan Development Authority (KMDA) for bio-mining of legacy waste have capacity of 300 Ton per day. Till date they have bio-mined around 33,000 Metric Tons of waste. But considering upcoming rainy season and requirement of place for enhancement capacity of Material Recovering Facility and Central Processing Unit, the capacity of the agency to be enhanced, so that more lands can be reclaimed in short time.
4. That apart from solid waste management, KMDA has taken up several steps for desilting or cleaning of 39 no of canals passing through the jurisdiction of Maheshtala Municipality. KMDA has planned to desilt the Mahadevpur Khal, Bagmari Khal and Nangi Abadi Khal.
5. That for complete IEC (Information Education and Communication) of every stake holders have been initiated by the Municipality in 19 Wards by engaging 147 Nos of Nirmal Sathi workers.
Photocopy of the Approved List Nirmal Sathi Workers are annexed herewith as Annexure D.
6. That for complete collection of segregated wastes a total nos. of 202 Nirmal Bandhus were engaged in 19 Wards of the Municipality in First and Second Phase.
In the Third Phase remaining 16 wards of Conservancy as soon as fund for the same is made available by The State Urban Development Agency hereinafter referred to as SUDA.
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7. That in terms of the directions of the Hon'ble National Green Tribunal, Eastern Zone Bench passed in connection with the instant Original Application being no OA No 66/2021 and as well as the directions passed in OA No 606/2018, the Present Status with the Action Plans for Maheshtala Municipality is as follows:-
Solid Waste Management A. Present Status Waste Collection
1. No of Households assorted in 35 wards as on date :142764
2. No of Households covered as on date :36000
3. Quantity of generation of waste : 210 MT
4. No of Households covered by each waste lifter :150-200 (Nirmal Bandhu)
5. No of Waste lifters as on date : 180 Nos
6. No of Households left over : 106764 Action Plan had been made after household survey in all the wards of the Municipality. Detail Plans has been drafted for waste lifting, road sweeping, drain cleaning. Action Plan has provision for enhancing the capacity for CPU (Central Processing Unit) and as well as MRF (Material Recovery Facility). A budgetary proposal has been sent to UD&MA Department considering various components like man-power, preparation of IEC material, procurement tri-cycle van, tripper car, procurement of man power, enhancement capacity of CPU (Central Processing Unit) and MRF (Material Recovery Facility).
Be it also mentioned that the funds obtained from the Fifteenth Finance Commission (Tied Fund on SWM) which will be available to the Municipality will also be used for implementing the Action Plan has been made. From the available fund of the 15th Finance Commission IEC Material, Sprinkler, Tricycle Van, Tipper Car will be arranged in all 17 wards tender."
4. It is also stated that the Maheshtala Municipality does not have requisite fund and the Municipality gave a reminder to the Commissioner, Urban Development and Municipal Affairs (UD&MA) for holding a joint meeting of all concerned departments under which the State Urban Development Agency (SUDA) is the Nodal Agency for fund disbursement, but fund has not been made 3 available till date. Learned Counsel for the Municipality further points out that meeting also could not be held.
5. We, therefore, direct the Principal Secretary, Urban Development and Municipal Affairs (UD&MA) to file his personal affidavit stating what action has been taken for release of fund. Let the affidavit be filed positively within two weeks.
6. In the affidavit of Respondent No.4, the Kolkata Municipal Corporation dated 20.06.2022 it is stated that IIT, Kharagpur has requested the following data and information from the Kolkata Municipal Corporation:
"(i) Data and reports related to project background
(ii) The sludge handling details
(iii) The detailed survey drawing as required
(iv) Data of other sources contributing to the pond area
(v) Field data required for the project to be provided by the client i.e. the Kolkata Municipal Corporation to the consultants at no cost."
7. Subsequently, the Kolkata Municipal Corporation has engaged Envirotech Solution for carrying out Survey of the sludge pond area of the Garden Reach Water Works and the same is in progress and in the first phase of the work, drawing with survey details of sludge pond no. 1 has been completed and presently they are carrying on survey work of the next pond. It is also stated that IIT, Kharagpur has been informed that survey of sludge pond no. 1 has been successfully completed and further technical assistance and guidance has been sought. It is further stated that intensive maintenance of the Sludge Ponds of the Garden Reach Water Works of the Kolkata Municipal Corporation have been carried out and 4 photographs to that effect have been filed by way of evidence as Annexures R-2 and R-3.
8. The Kolkata Municipal Corporation is therefore directed to file fresh affidavit with fresh Status Report. Let the affidavit be filed within two weeks.
9. List on 08.09.2022.
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B. Amit Sthalekar, JM ...................................
Saibal Dasgupta, EM July 26, 2022, Original Application No.66/2021/EZ SKB 5