National Green Tribunal
Ankur Sharma vs State Of West Bengal Through The Chief ... on 13 April, 2023
Item No.07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.152/2022/EZ
IN THE MATTER OF:
ANKUR SHARMA, (Applicant-in-Person)
Son of Shri Ambooj Sharma,
Resident of 13/3,
Dr. P. K. Banerjee Road,
P.O, P.S. & District-Howrah,
West Bengal-711101.
......Applicant(s)
Versus
1. THE STATE OF WEST BENGAL,
Represented by the Chief Secretary,
Government of West Bengal,
having office at NABANNA (13th Floor),
235, Sarat Chatterjee Road, Shibpur,
Howrah-711102,
2. THE CENTRAL POLLUTION CONTROL BOARD,
Represented by its member Secretary,
Having its office at Parivesh Bhawan,
East Arun Nagar, Delhi-110032,
3. DEPARTMENT OF ENVIRONMENT,
Government of West Bengal,
Through its Principal Secretary
Having its office at Pranisampad Bhawan,
Block-(5th Floor), LB-II, Salt Lake,
Sector-III, Bidhannagar,
Kolkata-700106,
4. THE WEST BENGAL POLLUTION CONTROL BOARD,
Represented by its Member Secretary,
Having office at Paribesh Bhavan,
10A, Block-L.A., Sector-III,
Salt Lake City,
Kolkata-700106,
5. KOLKATA MUNICIPAL CORPORATION,
Through its Commissioner,
Having office at 5,
S.N. Banerjee Road,
Kolkata-700013,
6. THE COMMISSIONER OF POLICE,
Kolkata Police,
having office at 18,
1
Lal Bazar Street,
Kolkata-700001,
7. PATIPUKUR FISH MARKET OWNERS' ASSOCIATION,
Through its Secretary,
having office at 62B,
Khudiram Bose Sarani,
Patipukur, Kolkata-700037,
........Respondent(s)
Date of hearing: 13.04.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. Ankur Sharma, in person (in Virtual Mode)
For Respondent(s) : Mr. Sibojyoti Chakraborty, Advocate for R-1,3 & 6, State Respondents,
Mr. Rajib Ray, Advocate for R-2 (in Virtual Mode),
Mr. Dipanjan Gosh, Advocate for R-4,
Mr. Prithwish Basu, Advocate for R-5,
Mr. Soham Dutta, Advocate for R-7
ORDER
1. This Original Application has been filed by the Applicant alleging that there is a fish market known as 'Patiukur Fish Market' located at 62B, Khudiram Bose Sarani, Patipukur, Kolkata-700037 under Ward No.3 of Kolkata Municipal Corporation, which is managed by the Respondent No.7, Patipukur Fish Market Owners' Association.
2. It is alleged that huge volumes of rotten fish, fish scales and heaps of damaged thermocol/polystyrene boxes are being regularly dumped into the nearby municipal vets and adjoining public road by various shops of Patipukur Fish Market.
3. It is also alleged that tonnes of ice slabs are being brought into the market to store fish and this ice after melting flows through the market and gets mixed with rotten fish choking drains creating unhygienic conditions.
4. Affidavit dated 08.02.2023 has been filed on behalf of the Respondent No.4, West Bengal Pollution Control Board. Along with this affidavit, an Inspection Report has been filed of an inspection 2 carried out on 28.12.2022. The Observations and Remarks/Recommendation of the Report read as under: -
"OBSERVATIONS:
The inspected site is a wholesale fish market comprising one big/original market and another small/new/upper market. The market has been in existence for a long time exceeding a century. The market site is surrounded by local residences on almost all sides except on the South where there is the local road. The entire complex, laid over approximately 56 Kattas of land and having 200 stalls (120 in original market and 80 in new market) is managed by three merchant Associations, namely B.K. Pal Bazar Paikari Matsya Byabsayee Samity, Patipukur Fishmarket Owners' Welfare Association and Patipukur Fishmarket Owners' Welfare Society Upper Section.
The market activity involves procurement of packed fishes from several states of India and subsequent sale/delivery to retail buyers. Only whole sale of fish, without any processing (cutting, descaling or otherwise), takes place in the market except for a few shops (about 10 to 15 nos.) in the new smaller section of the market, namely upper section market, that also conduct very limited selling of vegetables & cut fish.
As learnt, the daily handling of fish amounts to 30MT approx. (25MT in original market & 5MT in new market). As per the association's submission, approx. 5000 buyers visit the market daily during the early morning hours and fish delivery is done daily through approx. twenty small commercial vehicles in early morning and approx. ten trucks in the night hours. During inspection no ongoing commercial transaction was noticed in the market.
The market has three water taps connected to Kolkata Municipal Corporation (KMC) water supply. Waste water is generated mainly due to melting of ice slabs that are used for frozen fish delivery. This waste water goes finally into local KMC sewer, through internal drains & partly as run off, over 3 sloped grounds via three intermediate catchment pits located at Western, Central & Eastern peripheries of the market complex.
Packed fishes are mainly brought in large ice-packed fiberglass crates and also in thermocol boxes and delivered through personal containers of the purchasing retailers. Since mainly wholesale business occurs, almost no fish waste (fish scales, discarded body parts, blood fluids, blood, etc.) is generated.
Solid waste generated includes discarded/broken fiberglass crates & thermocol boxes, Jute bags and discarded vegetation/leaves required for fish packing. During inspection small garbage piles were noted at some places within the market. It was stated by the market representatives that cleaning of wastes is done daily by twelve labourers. Such market cleaning operation was found being conducted and handcarts were observed being loaded with garbage at some sites.
The market representative submitted that there is a compactor station of KMC in the vicinity of the market to which all the accumulated solid wastes were being sent for disposal until recent past. Supporting bills for the same KMC service were produced as testimonials. However, it was alleged that the same market-bred solid waste is no longer being allowed by the KMC to be disposed to the said compactor unit on ground of its wetness (high moisture content). Now the same waste has to be disposed to a distant Compactor Station and higher charges have to be paid to the KMC for such service. The association also complained that the KMC waste collection service is irregular.
Thermocol wastes (broken boxes) are disposed to a makeshift area earmarked for that purpose, beside the said Compactor Station near the market and is reported to be collected by a local group for further processing. No accumulation of any market generated solid waste nor any encroachment of the market operations was seen into the adjacent road or ambient locality.4
Usual strong characteristic fish smell was noted inside the market specially at the old section.
Remarks/Recommendation:
Since the fish market conducts mainly whole-selling operations, it has very limited generation of effluent & fish waste. However, it is located at a prominent locality of the city and therefore, considering the entire circumstances it is recommended that an efficient waste disposal plan should be worked out by the market associations in consultation with KMC and special care should be taken to ensure regular disposal of all types of solid wastes."
5. Learned Counsel for the West Bengal Pollution Control Board further informed that the Board has issued a letter dated 07.02.2023 to the Kolkata Municipal Corporation (KMC for short) to formulate a policy for removal of garbage for maintenance of the Patipukur Fish Market and also directing KMC to work out a proper disposal plan in association with the Patipukur Fish Market Owners Association.
6. The Central Pollution Control Board has filed affidavit dated 13.01.2023 particularly with reference to the provisions of the Solid Waste Management Rules, 2016 for waste management which provides that local authorities shall collect waste from vegetable, fruit, flower, meat, poultry and fish market on day to day basis and promote setting up of decentralized compost plant or bio- methanation plant at suitable locations in the markets or in the vicinity of markets ensuring hygienic conditions. The Rules provide that every waste generator shall-
a) Segregate and store the waste generated by them in three separate streams namely bio-degradable, non-bio-degradable and domestic hazardous waste in suitable bins and 5 handover segregated wastes to authorized waste pickers or waste collectors as per the direction or notification by local authorities from time to time.
b) No waste generator shall throw, burn or bury the solid waste generated by him, on streets, open public spaces outside his premises or in the drain or water bodies.
7. Provisions relating to Plastic Waste Management (Amendment) Rules, 2021 with effect from 01.07.2022 have also been mentioned which read as under: -
i. Ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene (Thermocol) for decoration.
ii. Plates, cups glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 microns.
8. Provisions relating to waste generator under the Plastic Waste Management Rules, 2016 have been given which read as under: -
a) Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the Solid Waste Management Rules, 2000 or as amended from time to time.
b) Not to litter the plastic waste and ensure segregated storage of waste at source and handover segregated waste to urban local body or gram panchayat or agencies appointed by them or registered waste pickers, registered recyclers or waste collection agencies.
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9. The Kolkata Municipal Corporation has filed affidavit dated 10.02.2023 bringing on record an Inspection Report filed as Annexure-R-2 which reads as under: -
"
I) Patipukur Fish Market Owners Association has their own management to clean the waste like considerable quantity of Tharmacal Boxes, Plastic materials etc. generated at the said market. II) That instead of such arrangement they have began to deposit fees Rs.60 per cart × 8 carts / per day at the treasury counter of Borough-I of Kolkata Municipal Corporation [w.e.f. 20.12.2022 to clean the residual Solid Waste of the market.
III) That Kolkata Municipal Corporation also provides 4.5 cum MS container for Patipukur Fish market. IV) That Patipukur Fish market Owners Association has their own man power arrangement till fill containers provided by the Kolkata Municipal Corporation with the MSW of the Fish market. V) That Kolkata Municipal Corporation regularly lift the Container filled up with MSW of the Patipukur Fish Market. Clean the area maintaining health and hygiene of the locality."
10. The Respondent No.7, Patipukur Fish Market Owners' Welfare Association, has filed its affidavit dated 02.03.2023 stating therein that the fish market starts functioning at about 03:00 AM in the morning when trucks arrive in the market premises and fish supplies are taken by the businessmen and sold inside the fish market building and no fish are sold outside the premises. It is also stated that the Kolkata Municipal Corporation had provided a specific dumping bin for dumping of organic waste but after the 7 initiation of the present proceeding, the facility has been taken away from the Respondent No.7 as a result of which the market has to dispose of its waste far away from the market which becomes difficult for the shopkeepers in the market.
11. It is further stated that the market does not dump any waste except at the dump waste site identified by the Government. The market does not process the waste which falls within the domain of the Government of West Bengal but all steps are being taken by the market to keep the environment clean and pollution free. Photographs have been filed with the affidavit which however, do not present a very happy picture and its shows litter and waste scattered all over the place and in fact there is garbage lying all around outside on the road instead of in the waste bins.
12. The Kolkata Municipal Corporation has filed further affidavit dated 30.03.2023 and it is stated that certain proposals have been made by the Patipukur Fish Market Association before the Kolkata Municipal Corporation for formulation of a proper disposal plan to clear the municipal solid waste of the market. The proposals have been outlined in paragraph-3 of affidavit which read as under: -
I. The fish market association provide 8 numbers of cleaning staff to clean the inside and the outside of the market regularly.
II. On the basis of sales of whole sale fish the waste which were accumulated are divided in four categories (a) Plastic, (b) jute, (c) broken thermacal, (d) sal leaves and others. Out of this waste plastic, thermacal and jute were again reused by the market association. III. Apart from the regular cleaning process on Sunday on every week special cleaning process are done by the cleaning staff of the fish market association. 8 IV. Presently one compactor vat is stationed near the market where the waste accumulated by the market association are not being allowed to be used by the market association by disposing the waste in the compactor vat. If the waste vat are allowed to be used by the market association then the proper and speedy disposal of the waste accumulated by the market is possible. V. Presently there are cleaning staff employed by the market association for cleaning the frontal road area of the market.
VI. The market association also observe that apart from the waste accumulated due to the daily business of the market association the waste of the neighbouring slum area of the other neighbourhood were also disposed in the waste disposal vat of the market area for which the road connecting the market are filled with waste as well as some time the drain was also clogged for which one monthly cleaning shall be conducted under the supervision of the municipal authority.
13. It is also stated that the Kolkata Municipal Corporation has agreed to the proposals made by the Patipukur Fish Market Association.
14. The Applicant has filed a rejoinder affidavit dated 02.03.2023, outlining his suggestions for curbing pollution by the Fish Market which are as under: -
"
I) An organic waste composter may be set up immediately in the vicinity of the said market to deal with biodegradable waste. The civic body must ensure collection of wastes in to two different bins viz. one for bio degradable wastes other for non-biodegradable wastes.
9 II) The biodegradable waste should be disposed of in to organic waste composters while the non-biodegradable waste should be recycled as far as practicable. III) The police authorities ought to keep strict vigil in and around the said Fish Market and must not allow illegal parking of vehicles in the vicinity of the market. IV) Usage and stacking/storing of thermacol boxes should be banned immediately. The civic authority should carry on a drive to remove all such boxes lying in and around the said market. Thermocol boxes may be replaced by PVC boxes.
V) There should be a separate area for loading and unloading of fish from vehicles.
VI) Designated space should be provided for parking of transport and customer vehicles upon payment of parking fees.
VII) The market ought to have enough ventilation, lighting, water supply, and drainage systems.
VIII) Crates of fish should be set up on platforms for sale.
Fish should not be kept straight on the platform or floor. IX) Fish market building should be renovated or re-
constructed in a modernized manner.
X) Surfaces of walls, partitions and floors should be made of impervious materials.
XI) The walls of the market should be laid with glazed tiles up to a height of 6-7 feet for easy cleaning. XII) Floor should have good slope to prevent water logging. XIII) Provisions for adequate drainage, which are covered with removable lids connect to an ETP should be provided.
10 XIV) Adequate numbers of exhaust fans should be provided which will help in maintaining air quality as well as temperature inside the market. Sufficient numbers of exhaust fans should be oriented to push in fresh air in addition to exhausting.
XV) Fish vending platforms should be reconstructed with easy to clean, maintain and disinfest materials. They should be made of smooth, non absorbent materials and must have a slope towards the drain.
XVI) Platforms should be provided with taps to give potable water within the reach for cleaning.
XVII) Provisions to store waste ought to be provided in each vending platform. They must have proper slope towards the drain for easy flow of water which will also decrease spillage.
XVIII) Ice slabs should be stored in PVC boxes/crates and ought to be transported in trolleys which will prevent muddy pathways within the market premises. XIX) PVC boxes/crates of sufficient quantity should be made available to vendors and fish transporters to transport and store fish.
XX) There should be an area demarcated for cleaning, disinfecting and storing of crates.
XXI) An efficient effluent treatment system ought ot be installed in the premises to treat the effluent. Water should not be drained without treatment.
XXII) Adequate facilities and manpower should be provided for cleaning the market. Cleaning should remove fish wastes and dirt which may be a source of contamination.
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XXIII) Compressor with jet cleaning facility mounted on wheel should be provided for efficient cleaning. XXIV) Thorough cleaning should be carried out before the market activity starts and a final cleaning after the market closes. Cleaning should also be carried on as and when waste accumulates.
XXV) Liquid waste should be collected and fed into an Effluent Treatment Plant (ETP) and reused for cleaning."
15. A further rejoinder affidavit dated 12.04.2023 has been filed by the Applicant, stating therein that public pathways should not be allowed to be littered with market waste and garbage and that a Sewage Treatment Plant (STP), Organic Waste Composter should be installed in the near vicinity of the market and steps be taken to handover non-biodegradable waste to waste recycling companies.
16. We have heard the learned Counsel for the parties and perused the documents on record.
17. Some of the suggestions made by the Applicant may be specifically referred here namely that organic waste composters should be set up immediately in the vicinity of the market to treat bio-degradable waste.
We direct that steps be taken in this regard by the concerned authorities Kolkata Municipal Corporation should also be installed to deal with bio-degradable waste. Steps should be taken for recycling non-biodegradable waste. Use of thermocol boxes is completely prohibited and State Government shall therefore, ensure that there is no use or supply of thermocol boxes in the area for transporting fish.
18. In this regard, the learned Counsel for the parties submitted that in some areas and in some fish markets in the city of Kolkata, Howrah 12 and adjoining areas, fish is being transported in cane baskets covered with banana leaves.
We approve such method since it is bio-degradable and direct that the same be adopted in the Patipukur Fish Market forthwith. However, there shall be a complete ban on use of thermocol boxes.
19. It is also contended that fish waste generally collected in the drains and clogs the same. This means that the drainage is not proper.
We accordingly direct the State Respondents to ensure that proper drains are constructed with adequate slope to ensure that there is no concentration and clogging of fish wastes. Adequate arrangements should be made for water supply so that the fish platforms as well as the floors can be cleaned from time to time every day.
20. The Patipukur Fish Market Association shall install sufficient numbers of exhaust fans in the fish market for clearing the stench collecting in the market and to ensure that there is adequate supply of fresh clean air.
21. So far as the suggestions of the fish market are concerned, the same inter alia are that-
a) The market generates four categories of waste namely plastic, jute, broken thermocol and sal leaves and others, out of which plastic, thermocol and jute waste are reused by the market.
We have already made it clear that there shall be a complete ban on use of thermocol which shall be enforced by the State authorities.
b) It is contended that at present there is only one compactor vat present at the fish market where the waste accumulated 13 by the market association is collected but the same is not being allowed to be used.
We, therefore, direct that adequate waste vats should be allowed to be used by the market association to ensure proper and speedy disposal of wastes accumulated in the market.
c) It is stated that eight cleaning staff are engaged by the fish market association to clean the inside and outside of the market regularly. However, many staff are required will depend on day to day need of the Market as long as cleanliness in the Market and its surrounding areas is maintained.
d) The grievance of the Fish Market Association is that waste from the nearby slum area in the neighborhood is also being disposed of in the waste disposal vat provided for the market area, as a result of which waste is being littered all around the vats and the drains are getting clogged.
22. In our opinion, this is matter which needs to be examined by the KMC by providing a waste disposal site for dealing with generation and treatment of Municipal waste as per Municipal Waste Management Rules, 2016.
23. So far as the allegation of the Applicant regarding haphazard parking of vehicles is concerned, it is stated that 15 cars parking space has been allotted to the Patipukur Fish Market Owners' Association by the Kolkata Municipal Corporation with agent code no. 716 on Khudiram Boase Sarani which is valid till 31.03.2023.
24. We, therefore, dispose of this Original Application and in addition to the directions given herein above, we further direct that organic 14 composter should be installed in the fish market. Adequate drains must be provided inside as well as outside the market to ensure that the liquid waste flow do not choke drains. An Effluent Treatment Plant (ETP) should be installed at the Market for treatment of liquid waste.
25. With the aforesaid directions, the Original Application No.152/2022/EZ is disposed of.
26. Interlocutory Applications, if any stand disposed of accordingly.
27. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ................................
Dr. Afroz Ahmad, EM April 13, 2023 Original Application No.152/2022/EZ MN 15