National Green Tribunal
P.Premkumar S/O. Paulchamy vs The Secretary To The Government, ... on 24 August, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item Nos. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 80/2017(SZ)
P. Prem Kumar Applicant
Versus
The Secretary to the Government Department of
Environment And Forests Chennai and Ors. Respondent(s)
Date of hearing: 24.08.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
Applicant(s): Mr. T. Sai Krishnan.
Respondent(s): Dr. D. Shanmuganathan for R1, R2, R5 & R6 to R8.
Dr. D. Shanmuganathan represented Mr. S. Sai Sathya Jith for
R3 & R4.
ORDER
1. The matter has been put up at the post-judgment stage. The Tribunal disposed of the matter vide judgment dated 07.12.2021. The issue dealt with relates to management of Municipal Solid Waste at Othakadai Village in Madurai District of Tamil Nadu.
2. The Tribunal after seeking response of the parties and considering the status reports in pursuance of its orders found that main grievance of the applicant should redressed. However, there was need to continuously implement provisions of the Solid Waste Management Rules, 2016. The operative part of the order is as follows: 1
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(i) Since the grievance of the applicant that the waste is being dumped in the burial ground and it is not being disposed properly in accordance with the rules has been redressed by removing the waste dumped there to some other place, namely at a place called 'Vowval Thottam' there is nothing survives as regards the applicant is concerned in the matter.
(ii) However, it is seen from the reports that the Solid Waste Management Rules, 2016 and the directions of the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 were not complied with. We direct the Tamil Nadu Pollution Control Board (TNPCB) to take appropriate action against the erring local bodies strictly in compliance with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 after complying with the procedure provided for passing appropriate orders in this regard.
(iii) The Othakadai Village Panchayat is directed to maintain the Micro Compost Yard which they proposed to operate in the disputed dumping ground in a scientific manner without causing any nuisance to the people in the locality, as if the Micro Compost Yard is not properly maintained, it will create more problem to the people in the locality though such facilities can be established in public places like park and burial ground etc., as held by the Hon'ble High Court of Madras with directions and observations made therein.
(iv) The Tamil Nadu Pollution Control Board (TNPCB) is directed to inspect the Micro Compost Yard if it is commissioned to ascertain as to whether it is being properly maintained and if not, they are directed to take appropriate action against the Othakadai Village Panchayat for not operating the same in a scientific manner as it is required.
(v) If the legacy waste dumped in the present dump yard is not disposed of in a scientific manner, then the Tamil Nadu Pollution Control Board (TNCPB) is directed to take appropriate action against them for non compliance of the directions issued by the Principal Bench of National Green Tribunal in this regard including imposition of environmental compensation as directed and to take steps to recover the amount from them.
(vi) The District Collector, Madurai District, is directed to carry out his responsibility as required under Rule 12 of the Solid Waste Management Rules, 2016 and take action against the local bodies, if they are not strictly complying with the rules and if there is any difficulty for them in carrying out the same, the District Collector, Madurai District is directed to take appropriate steps to provide necessary solution and see that the rules are strictly implemented in Othakadai Village Panchayat.2
(vii) The Principal Secretary for Rural Development and Panchayat Raj and the Director, Rural Development and Panchayat Raj are directed to look into the issue and see that the Solid Waste Management Rules, 2016 are strictly implemented in Othakadai Town Panchayat as required under the Solid Waste Management Rules, 2016 and as directed by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 and if any technical or financial or administrative sanctions are required for that purpose, they are directed to look into the issues personally and see that it is being implemented in its letter and spirit.
(viii) Considering the circumstances, the legacy waste has been shifted from the burial ground, we don't think there is any necessity to impose any punishment for non compliance of the directions issued by this Tribunal and any coercive orders to be passed in I.A. No. 42 of 2019 (SZ). So I.A. No. 42 of 2019 (SZ) is closed.
(ix) The Tamil Nadu Pollution Control Board (TNPCB),District Collector, Madurai District and Block Development Officer in charge of Othakadai Village Panchayat are directed to file their periodical compliance reports of implementation of the Solid Waste Management Rules, 2016 in that Panchayat till it is achieved cent percent in the Panchayat on a quarterly basis, which includes the action taken for disposal of the legacy waste and operation of the Micro Compost Yard and other Waste management facilities and also action taken for non compliance of the same.
(x) The office is directed to place the report as and when received before this Bench for consideration.
(xi) Considering the circumstances, the parties are directed to bear the respective cost in the application.
(xii) The Registry is directed to communicate this order to the District Collector, Madurai District, Chairman, Tamil Nadu Pollution Control Board (TNPCB), Block Development Officer, Madurai Panchayat Union and also to the Principal Secretary for Rural Development and Panchayat Raj and the Director, Rural Development and Panchayat Raj for their information and compliance of the direction."
3. Since the State PCB, Collector and BDO were to file their periodical compliance reports, the matter was taken up for further consideration on 12.04.2022. The Tribunal considered the report of the State PCB dated 11.04.2022 mentioning the steps taken for compliance of Solid Waste Management Rules, 2016. It was directed that State PCB may ensure preventing percolation of leachate into the ground. 3
4. Further report has been filed by the State PCB on 18.05.2022 after conducting inspection on 16.05.2022 to the effect that the BDO, Madurai has been asked to ensure that leachate is reused completely in bio- composting process.
5. Learned Counsel for the applicant states that nothing survives for further consideration.
The proceedings are accordingly closed without prejudice to any aggrieved party taking remedy in future, if required, in accordance with law.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM August 24, 2022 Original Application No. 80/2017(SZ) SN 4