National Green Tribunal
Prasher Dev Sharma vs State Of Punjab &Ors on 19 September, 2024
Item No.06 Court No. 02
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 668/2023
Prasher Dev Sharma Applicant
Versus
State of Punjab &Ors. Respondent(s)
Date of hearing: 19.09.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant : Mr. Ajay Marwah, Mr. Swaroopanand Misra, Advocates
Respondent: Ms. Poonam Singh, ADC Jagraon, respondent no.1 (through VC)
Mr. Angad Singh Advocates for MC Jagraon with Mr. S.S. Randhawa EO
MC Jagraon (through VC)
ORDER
1. This Original Application (hereinafter referred to as „OA‟) has been registered in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in (2022) 13 SCC 401, Municipal Corporation of Greater Mumbai v. Ankita Singha & Ors.) under Section 14 & 15 of National Green Tribunal Act, 2010 (hereinafter referred to as „NGT Act, 2010') on a letter petition dated 26.07.2023 sent by Prasher Dev Sharma.
2. Complainant has said that in Jagraon Municipal area, municipal officials are dumping solid waste in a pond and also littering garbage in the nearby area surrounding a temple namely "Maa Bhadar Kali Mandir"
which is causing serious damage to environment and also creating health hazards to the local residents.
3. Tribunal took cognizance of the complaint on 12.01.2024 and find itself prima-facie satisfied that substantial question relating to 1 environment has arisen out of implementation of the enactments specified in Schedule-I to NGT Act, 2010. Accordingly, it impleaded following as respondents:
1. State of Punjab, through District Magistrate (DM), Ludhiana;
2. Executive Officer, Municipal Council (MC), Jagraon and;
3. Punjab State Pollution Control Board (PSPCB) through its Member Secretary.
4. Notices were issued to the said respondents requiring them to file their responses.
5. Tribunal also found it appropriate to obtain a factual report with regard to verification of the facts stated in the complaint and, hence, constituted a Joint Committee comprising representatives of Punjab State Pollution Control Board (hereinafter referred to as 'PSPCB'); District Magistrate, Ludhiana and Executive Officer, Municipal Council, Jagraon.
Committee was required to submit its report within one month.
6. Pursuant, thereto, an interim report dated 23.02.2024 was filed by Joint Committee through Environmental Engineer, PSPCB stating that site under complaint was visited by Members of Joint Committee and it was observed that pond was established on government land belonging to Municipal Council, Jagraon. Maa Bhadar Kali Mandir, Kothe Rahla, Jagraon is located in this pond area. Size of the pond is approximately 07 acres but it was almost dry. Municipal solid waste and old construction and demolition waste was found lying in the pond. Members of Joint Committee interacted with Executive Officer, Municipal Council, Jagraon who informed that construction and demolition waste will be removed and bio-remediation of legacy waste lying in the pond site would be carried out. Remediation work would require sometime. Municipal 2 Council, Jagraon had started removal of construction and demolition waste and called tenders for bio-remediation of legacy waste. In these facts and circumstances, Joint Committee requested this Tribunal to grant four months time to submit its report which may include action plan for bio-remediation work of legacy waste lying at the site.
7. Respondent 3-PSPCB has filed a separate reply dated 23.02.2024 stating that Officers of PSPCB visited the site on 04.10.2023 and observed as under:
"a) The complaint site is located between old dump site and Shree Bhadar Kali Mandir and Un-segregated waste has been found dumped in this area. A drain also passes through this area and waste has been found dumped into drain also.
Stray cattle and stray dogs were also found present at dumped waste. There was also a small pond and one domestic water supply pump near the compliant site. MC Jagraon has again started dumping waste at old dump site. Daily waste generation of MC Jagraon is about 23 TPD.
b) MC Jagraon has stopped dumping its waste at new dump site located at a distance of about 7 Km from main city in the revenue estate of Agwar Dala, Near Jagraon Rajbahaja of Abohar Canal.
c) No piezometer has been installed at the site. Also, no weight bridge has been provided at the site. Further, no lighting arrangements provided at the dump site.
d) MC Jagraon has not taken necessary precautions to minimize nuisance of odour, flies, rodants etc.
e) Utilities such as drinking water and sanitary facilities have not been provided at the dumping site.
f) Green belt provided around dump site is not adequate.
g) Arrangements for diversion of storm water have not been provided at dump site.
h) Provisions for management of leachate have not been provided at dump site.
i) Non-permeable lining has also been not provided at dumping site."
8. In view of the violations noted by officials of PSPCB, show cause notice dated 25.01.2024 was issued alleging violation of provisions of Solid Waste Management Rules, 2016 (hereafter referred to as „SWM, 3 Rules 2016'). PSPCB also granted opportunity of personal hearing to respondent 2 i.e.-Executive Officer, Municipal Council, Jagraon by appearing before Chairman, PSPCB on 12.02.2024.
9. For the period of July 2020 to September 2023, Environmental Compensation (hereafter referred to as „EC‟) of Rs. 58 lakhs was already imposed upon Municipal Council, Jagraon for violation of provisions of SWM, Rules 2016.
10. Pursuant to show cause notice dated 25.01.2024, and after affording personal hearing, PSPCB arrived at an opinion that further environmental compensation for the period of violation from October 2023 to January, 2024 need be imposed. It is said that PSPCB is taking due action in accordance with law against violators i.e. respondent 2.
11. Short affidavit/reply dated 10.04.2024 has been filed by respondent 2- Executive Officer, Municipal Council, Jagraon stating that legacy waste of 11000 metric ton has already been remediated through agency and a couple of tenders for remediation of approximately 20,000 metric ton of legacy waste have already been issued to successful bidders. Further, tenders for removal of garbage and reclamation of pond site has also been received and finalization is in progress. Municipal Council has planned to clean the site and develop it for welfare of the citizens. Littering of garbage on the site by public and outsiders is strictly prohibited and two employees have been deputed to take care of the site.
12. Above reports/replies were considered by Tribunal on 08.05.2024. It had granted one month time to Joint Committee to submit its report and Executive Officer, Municipal Council, Jagraon and District Magistrate, Ludhiana were directed to take remedial measures for 4 ensuring compliance with SWM Rules, 2016 and file separate action taken report within one month.
13. Consequently, respondent 2- Municipal Council, Jagraon has filed action taken report dated 06.06.2024 vide email dated 13.06.2024 stating that remediation of 11,000 metric ton of legacy waste was carried out vide tender dated 11.11.2022 for Rs. 46, 20, 000/-. For remediation of 20,000 metric ton of waste, work order has been allotted vide two tenders nos. 45 and 46 for worth Rs. 46,00,000/- and Rs. 50,00,000/-, respectively. At present, work on the site is in progress and about 6000 metric ton has been remediated. Further, no new waste is being dumped at a site and instead the same is being dumped at a new dumping site. To make the site clean and green, 100 plants have been planted and 2000 plants are proposed to be planted. Wet waste material is being converted bio-fertilizers and approximately 78 pits are working. Drain abutting the site is being regularly cleaned and persons who throw waste material of dairy farm in the drains have been served with notices. Some persons under religious and political patronage have encroached upon the property at site since long, in respect whereof, separate action has been initiated. At the request of Municipal Council, Jagraon, demarcation of the site was carried out by Revenue Department but final report is awaited. For construction of shed, Municipal Council, Jagraon has prepared estimate worth Rs. 51,73,000/- and for renovation and remodeling of pond Rs. 99,32,000/- which is being sent to Punjab Municipal Infrastructure Development Company, Chandigarh. Solid waste is being cleared on daily basis and screen mesh has been installed around water body/ponds for cleaning the same. Cleaning is being done around temple on regular basis.
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14. Joint Committee again submitted an interim report vide e-mail dated 15.07.2024 wherein stand taken by Municipal Council, Jagraon in its action taken report, virtually has been repeated/reiterated.
15. Joint Committee has also requested the Tribunal to pass appropriate order for removal of encroachment from the site of the pond. Relevant extract of interim report of Joint Committee reads as under:
"Second meeting of the Joint Committee and visit of site Second meeting of the Joint Committee was held on 26.06.2024 and the site under complaint was also visited by the Joint Committee members and it was observed that total area of the pond is about 07 acres and there is no accessibility to the pond from North side as entire pond area in North side is under the encroachment of Maa Bhadar Kali Mandir committee. Also, there is an encroachment in the form of residential houses on western periphery of the pond. A drain carrying rain water of nearby area is flowing on East side. At present, accessibility of machinery to the pond is possible only from South side but cleaning of the entire pond from South side is not possible as pond is located In an area of 07 acres and is elliptical in shape having major portion in North - South direction and removal of encroachment on North is required for cleaning of the entire pond. It was also observed that the untreated domestic waste water generated from the premises of Maa Bhadar Kali Mandir also flows into the pond which is one of the reasons for the Eutrophication of the pond in past years. Thus, cleaning of pond will not serve its long term purpose for maintaining the pond in good condition until encroachment is removed along the periphery of the pond on North and West side.
After verifying the physical condition on site, it was decided by the joint committee that cleaning work will be started from South side of the pond till removal of encroachments on the other sides.
Start of Work at Site The Municipal Council Jagraon has already allotted work orders for two different works for remediation of legacy waste at site. The work of remediation is going on and about 25 percent work of remediation has been completed. The work for cleaning of the pond adjoining the Maa Bhadar Kali Mandir has started and the work is going on at present.
Submission of interim report of Joint Committee The interim report of the Joint Committee is submitted to the Hon'ble National Green Tribunal with request to kindly pass appropriate orders for removing encroachments in form of residences and by the applicant Sh. Prasher Dev Sharma, President of the Committee of 6 Maa Bhadar Kali Mandir, Kothe Rahlan, Jagraon, District Ludhiana to remove the encroachment form the North side of the pond so as to clean the entire pond."
16. Tribunal considered the matter on 16.07.2024 and found that dumping at the site of the pond has stopped but started at a new site without any authorization from competent authority under SWM Rules, 2016. Said continued dumping at another site was also illegal and therefore, Tribunal warned the officers not to proceed in such manner which is impermissible and contrary to statutory provisions and may attract punitive and criminal action.
17. Sub Divisional Magistrate, Jagraon and Executive Officer, Municipal Council, Jagraon who were present through virtual mode, then, requested Tribunal to grant some time for compliance which was allowed.
18. Another interim report has been submitted by Joint Committed vide email dated 12.08.2024 sating that 3rd meeting of Joint Committee was held on 19.07.2024 and thereafter progress shown by Municipal Council with regard to management of solid waste and cleaning of pond has been observed. Relevant extract of the report reads as under:
"Third meeting of the Joint Committee under the Chairmanship of Additional Deputy Commissioner, Urban Development, Ludhiana Third meeting was held on 19.07.2024 under the Chairmanship of Additional Deputy Commissioner, Urban Development, Ludhiana. Executive Officer, MC Jagraon informed that about 22 Metric Ton waste is generated per day (MTD), out of which wet waste is 13.2 MTD and dry waste is 8.8 MTD. For handling/ processing of wet waste, 78 pits have been constructed in which 8.15 MTD waste is processed daily, 2.1 MTD bio-degradable waste is sent to Gaushalas, 0.5 MTD waste is processed through home composting and remaining 1.5 MTD wet waste is processed by bulk waste generators. For handling of dry waste 02 MRF centers have been setup with separate compartments for cardboards, papers, 7 plastic bottles and iron. 02 bailing machines are working at MRF centers for bailing of plastic waste Executive Officer, MC Jagraon further informed that the MC Jagraon has 08 Mini trucks (Tata Ace), 108 Rickshaw redid, 03 tractor trolleys, 02 C&D waste grinders, 01 horticulture waste shredder, 01 sweeping machine and 01 mechanical separator for handling and processing of Solid Waste and C&D waste. EO, MC Jagraon informed that there is only one site of legacy waste near Bhadar Kali Mandir and total 20,000 Ton legacy waste is available at site. Tender for remediation has been awarded and remediation is going on with Trommel machine, JCB, tractor trolleys and manpower.
The joint committee decided that the EO, MC Jagraon shall ensure the 100% door to door collection of solid waste, segregation and processing as per SWM Rules, 2016 and no fresh waste shall reach the compliant site. The joint committee also decided that legal action against encroachments including by the applicant Sh. Prasher Dev Sharma shall be initiated under section 172- A of the Punjab Municipal Act, 1911 Compliance by Municipal Council, Jagraon Municipal Council Jagraon has already stopped completely sending fresh solid waste to the new or old site. MC Jagraon with the help of above mentioned manpower and machinery is complying with the Solid Waste Management rules. Door to Door source segregation is being carried in all the 23 wards. The wet and dry waste are separated at the source of collection. In the MRF centre further segregation is done. The bails are prepared. C&D waste is also dealt with separately. The bulk waste generators has been issued fresh notices to manage their solid waste at their own level. New tenders for further enhancement of infrastructure for management of Solid Waste have been floated. The strength of manpower is also being enhanced. The citizens of the town are also being educated through various modes. MC Jagrson has also bringing proposal to implement fine/penalty on the repeated violators of SWM rules. MC Jagraon needs more time for further meticulous compliance.
The remediation of legacy waste is in progress and it is being remediated as per the guidelines laid down by the CPCB. All the components are segregated and disposed off according to guidelines.
The notices have been issued to 45 encroachers on the pond site for vacation of the encroached land. There are pecca structures on the site. MC Jagraon has removed some portions of the encroached properties. MC Jagraon has also requested Executive Engineer, PSPCL, Jagraon to disconnect electricity connections from the encroached properties. Keeping in view the circumstance and protests by the occupants MC Jagraon has requested for providing the police help and appointment of Executive Magistrate for further action Progress of cleaning of pond near Bhadar Kali Mandir, Jagraon 8 The Municipal Council Jagraon has started the work for cleaning/restoration of pond. The progress of the work is slow due to the rainy season Work related to cleaning of pond and remediation of legacy waste recovered from the pond will be completed within 06 months."
19. Joint Committee, thereafter, has sought further six week‟s time for completion work of cleaning of pond and remediation of legacy waste by Municipal Council, Jagraon.
20. Executive Officer, Municipal Council, Jagraon has submitted report dated 02.09.2024 wherein work already undertaken and action plan for carrying out the work within the time-line has been mentioned as under:
"1). That the tender and work order worth rupees 99.32 lac has been allotted for cleaning of pond site of Bhadarkali Mandir to the contractor and the work has already started. However the work of cleaning of the pond site is at halt at present due to rain. The dewatering of pond is required to execute the work on the site. The work of cleaning of pond will be completed within 04 months. The work order pertaining to the said work along with the site photographs has been appended herewith as Annexure-A.
2). That there are encroachments on the pond site by way of pucca structures by different persons including Bhadarkali Mandir as shown in the demarcation report Some portions of the encroachments on the pond site were removed on the day of the start of the work at pond site. However due to the protest by the encroachers the removal of the encroachments could not be continued. The notices. have been issued to all the encroachers to vacate the encroachments. The cases under PP Act has been filed against all the encroachers who have not complied with the notices issued by the Municipal Council, Jagraon. The photographs of the encroachment carried out by the Municipal 9 Council along with notices issued to the encroachers has been appended herewith as Annexure-B.
3). That the work of remediation of legacy waste has been allotted to a specialized certified waste management agency named Spreco Waste Management Solutions with expertise in handling and remediating legacy waste by Municipal Council Jagraon.
About 14,300 MT (approx.) of legacy waste has been remediated out of about 20,000 MT (approx.) of legacy waste. About 72% (approx.) target of legacy waste remediation has already been achieved. At present, the remediation work is at halt due to rains. The Material segregated from the legacy waste is also being managed by this private agency. Below is the name of components segregated and their subsequent disposal methods by the agency:
i) Organic Waste material is given to the farmers for agriculture use.
ii) `Recyclable Materials (Plastic, Paper, Glass, Metals) sent to dedicated recycling centres material recovery and processing.
iii) Inert Waste (construction Debris, Ashes) used in construction activities.
iv) RDF waste directed to waste to energy plants or engineered.
The Copy of the work order awarded along with copy of RDF certificates & Photographs pertaining to said remediation is attached herewith as Annexure-C
4). That around 22 tons (approx.) of garbage is generated daily from which 20 tons (approx.) of garbage is collected by Municipal Council, Jagraon through door to door collection. About 1.50 tons (approx.) of waste is being managed and processed by the bulk waste generators and about 0.50 tons (approx.) by people through home composting. At present 92% (approx.) segregation is being done from which 12.70 tons 10 (approx.) wet waste and 7.50 tons (approx.) dry waste (total 20.20 tons out of 22.00 tons) is being segregated. Municipal Council, Jagraon has fixed target to achieve 97% (approx.) of segregation till 15/09/2024.Municipal Council Jagraon has constructed 78 pits where about 8.45 tons (approx.) of wet waste is processed for composting to produce organic manure. This organic manure is being used in parks and is also being sold by setting up stalls in the city from time to time and also distributed free of charge during various events i.e. Independence day, Republic day, Gandhi Jayanti, World Environment Day etc. About 2.25 tons (approx.)of bio- degradable (mostly vegetable waste) waste is sent to various gaushalas/cowsheds. Checking and necessary information is also being provided to bulk waste generators and to people doing home composting by Municipal Council Jagraon. The photographs pertaining to source segregation, Bulk waste generator, Home composting, wet waste processing and the receipts qua compost sale and free distribution Annexure-D.
5). That around 7.50 tons (approx.) of dry waste is being segregated by Municipal Council Jagraon. To process this dry waste Municipal Council, Jagraon has set up 02 MRF centres (Material Recovery Facility) at different places in the city. Separate compartments/sections have been made in these MRF centres for different types of dry materials such as all types of plastic material, wood, concrete material, metal, glass bottles, cardboard, rubber, jute bags, fabric material etc. With the help of bailing machines, bales of plastic material, jute bags and fabric materials are being prepared and sent to private companies (Ahuja Plastic recyclers Pvt. Ltd. and M/s Bala Ji Polymers) and also sold to local scrap material shops. Wood material is being Shreddered with the help of horticulture. shredding machine and after the processing, this material is used in compost pits. Concrete material is being 11 processed with C&D Grinder machines and outcome material is used to fill potholes etc. as required on various roads in the city and the record is kept in the log book. Apart from this, other materials i.e. metal, glass bottles, cardboard, rubber etc. taken by the rag picker workers and sold at scrap material shops at their own level. Municipal Council has made separate arrangements for collection of E-Waste by getting separate box installed at mobile & mobile repair shops and at other places. Municipal Council is not mixing any hazardous bio-medical waste with the regular solid waste but the medical waste is collected by the vehicle meant for the purpose of medical waste and is disposed off by the company. The photographs highlighting the dry waste processing followed by its sale (attached receipts), C&D waste processing, processing of Horticulture waste has appended herewith as Annexure-E.
6) That Municipal Council is strengthening the existing Infrastructure including 50 new pits for 100% processing of the daily waste. For this purpose MC has already received tenders and the work will be completed in 01 month. After the completion of upgradation and expansion of the infrastructure including new 50 pits for processing, the 100% processing will take place in 01 month. With the help of this, municipal council will be able to achieve the target source segregation of waste and processing of waste completely. The true copy of tenders floated and the existing machinery and infrastructure possessed by the council has been appended herewith as Annexure-F.
7). That no fresh waste is going on the new or old site near Bhadarkali Mandir and strict compliance in this regard is being made by the municipal council Jagraon. Waste disposal is being done as per Solid Waste Management Rules 2016 and PPCB guidelines. New CCTV cameras have also been installed at dump site to capture the real pictures by municipal council 12 Jagraon. The gate has also been installed and locked. The copies of the photographs highlighting the dump site area has been appended herewith as Annexure-G."
21. Applicant disputed the claim set up by Municipal Council, Jagraon and filed its objections dated 10.09.2024 which show that legacy waste is not entirely cleaned, pond is also not cleaned and solid waste is being dumped regularly.
22. We find that Municipal Council, Jagraon has said that it is in the process of clearing legacy waste which will take some time. Further, with regard to pond cleaning, it is said that it has to be de-watered and due to heavy rains, cleaning of pond could not be done and it will require about four month‟s time.
23. With regard to encroachment on the land of the pond, it is said that action for removal of encroachers has been taken under Public Premises (Eviction of Unauthorised Occupants), Act, 1971 which is pending before competent authority and in the light of the final order, appropriate action will be taken.
24. Sh. Sukhdev Singh Randhawa, Executive Officer, Municipal Council, Jagraon is present through virtual mode and stated that desired results would be obtained by 31.12.2024 in respect of cleaning of pond, clearance of legacy waste and also for arranging dumping/processing of fresh waste in accordance with the provisions of SWM Rules, 2016.
25. In the circumstances, we direct respondent 2 to take all steps for compliance of SWM Rules, 2016 with regard to restoration of pond land including its cleaning, processing and disposal of legacy waste and dumping of fresh solid waste in accordance with SWM Rules, 2016 by 13 31.12.2024 and submit a compliance report with Registrar General by 15.01.2025.
26. We also direct PSPCB to verify compliance of SWM Rules, 2016 on the part of respondent 2, in the light of directions given herein above and submit its report by 30.01.2025.
27. If any further order is required, Registrar General may place the matter before Bench concerned.
28. With the above directions, original application is disposed of.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM September 19, 2024 Original Application No. 668/2023 JG.
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