National Green Tribunal
Ganesh Dadarao Anasane vs Amravati Municipal Corporation on 15 October, 2019
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 16
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 60/2019 (WZ)
Ganesh Dadarao Anasane Applicant(s)
Versus
Amravati Municipal Corporation & Ors. Respondent(s)
Date of hearing: 15.10.2019
CORAM: HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant(s): : Mr. Ganesh Anasane, Applicant in person
Respondent No.1 : Mr.Amol S. Patayeet andMr.Amit S. Lanke,
Advocates and Mr. Vishal Kale, Medical
Officer (Health) and Mr.Shrikant Singh
Chauhan,Law Officer
Respondent Nos. 3 : Mrs.ManasiP. Joshi, Advocate and Mr. N.S.
Loharkar, R.O. MPCB and Shri S.D. Patil,
S.R.O., MPCB.
ORDER
1. The question raised in the present application is of illegal dumping of solid waste at Sukali Dumping ground in Amravati, Maharashtra. It has been alleged that no segregation is being done and no leachate collection has been undertaken apart from there being no action for disposal of Hazardous Waste.
2. Considering the seriousness of the matter a joint inspection was directed to be undertaken by the District Collector and the Maharashtra State Pollution Control Board to verify on the factual aspects at the site and to submit a report. The joint report filed by the committee is found to be nebulous and vague containing scattered facts with no coherence. From a sustained effort made by us we could decipher that efforts are being made for solid waste management for which an agency, namely MaRs Planning & 1 Engineering Services Private Limited, Ahmadabad, has been appointed. It is acknowledged that garbage is being dumped at the site for the past three decades which has resulted in stacking of over 20 to 30 feet of solid waste. Bio-mining, waste segregation and processing has been approved under the Swachh Bharat Abhiyan. By March, 2020, 90 % of the work of landfill site would be completed according to the tender documents. Actual work, however, is yet to start. The report thus reveals gross violation of Solid Waste Management Rules, 2016 and mis-management of solid waste in the area. Admitted accumulation of old/legacy waste bears witness to this.
3. In such circumstance, we direct as follows:-
i. The Amravati Municipal Corporation shall expedite the process of establishing solid waste management facility within a period of six months from hence which would include the period for completion of the tender process. ii. The Amravati Municipal Corporation shall commence with the removal of the legacy waste and complete the work within a period of two months having regard to the fact that there is accumulation of two lakh tonnes of such waste. While doing so, Amravati Municipal Corporation, shall adopt the Indore and Pinara, Ahmadabad Gujarat Models. iii. Considering the environmental damage already caused for the last 20 to 30 years, the Amravati Municipal Corporation shall deposit an interim compensation of Rs. 1 Crore with the CPCB. The total environmental compensation shall be assessed by a Joint Committee of the State Pollution Control Board and Central Pollution Control Board.
4. We make it clear that if the Municipal Corporation fails to comply with aforesaid direction, exemplary cost shall be imposed upon 2 them including other coercive orders against the officers concerned.
5. Let a copy of this order be transmitted to the CPCB.
6. List this matter on 07.01.2020.
S.P. Wangdi, JM K. Ramakrishnan, JM Dr. Nagin Nanda, EM October 15, 2019 Original Application No. 60/2019 (WZ) hb 3