National Green Tribunal
Harish Singh Bisht vs State Of Uttarakhand on 18 October, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 367/2021
Harish Singh Bisht Applicant
Versus
State of Uttarakhand Respondent
Date of hearing: 18.10.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Respondent: Mr. Mukesh Verma, Advocate for UKPCB
ORDER
1. Grievance in this application is against failure of the Municipal Council, Gopeshwar, District Chamoli, Uttarakhand to manage the solid waste in accordance with the Solid Waste Management Rules, 2016. The applicant has filed photographs showing that the waste is being burnt. It is also stated that waste is being dumped into Balkhila drain, a tributary of Alaknanda and Ganga River.
2. Vide order dated 04.01.2022, the Tribunal considered the grievance of adverse impact on the environment and public health due to non- compliance of the Solid Waste Management Rules, 2016. Accordingly, a joint Committee of State PCB, District Council, Gopeshwar and District Magistrate, Chamoli was directed to ensure effective steps for scientific 1 management of the waste and to furnish an action taken report in the matter. Relevant observations in the said order are reproduced below:-
"2. From the above, it is seen that the issue of scientific management of waste to prevent air and land pollution has to be gone into. Under Rule 15 of the Solid Waste Management Rules, 2016 (SWM Rules, 2016), the Local Authorities have to prepare plan for scientific disposal of the solid waste in the manner laid down therein in accordance with the State Policy prepared under Rule 11 by the Secretary, Urban Development. Finding large scale failure of the State authorities in this regard, the Tribunal has issued directions in O.A. No. 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues, in the presence of Chief Secretary, Uttarakhand. Unfortunately, it appears that even after five years of the current Rules, judgements of the Hon'ble Supreme Court in Ratlam Municipality (1980) 4 SCC 162, BL Wadhera (1996) 2 SCC 594, Almitra Patel (2000) 2 SCC 679, judgement of this Tribunal in Almitra Patel 2016 SCC Online NGT 2981 and after 40 years of the Air (Prevention and Control of Pollution) Act, 1981, (Air Act), there is a failure of the authorities in ensuring scientific disposal of solid waste, preventing damage to the air quality and to the public health. Failure to perform statutory obligation under SWM Rules, 2016 is a criminal offence under the Environment (Protection) Act, 1986 (EP Act) punishable with imprisonment and fine. However, it seems that the State authorities continue to violate the same to the detriment of public health which needs remedial action.
3. In view of above, we direct a joint Committee of State PCB, District Council, Gopeshwar and District Magistrate, Chamoli to ensure effective steps for scientific management of the waste. The State PCB will be the nodal agency for compliance and coordination.
Any failure in this regard will lead to fixing of accountability and coercive measures. The compliance report in the matter may be filed within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
4. The report may particularly mention the quantity of waste generated and processed per day, waste dumped in the area and the status of legacy waste and its remediation. Further, it may be specified whether waste disposal is covered by the District Environment Management Plan, prepared in terms of order of this Tribunal dated 29.1.2021 in OA 360/2018, Shree Nath Sharma v. Union of India & Ors. and steps taken for execution of such plan."
3. In pursuance of above, report dated 26.07.2022 has been filed by the State PCB on behalf of the joint Committee acknowledging the violations as follows:-
"III. ACTION TAKEN BYTHE UKPCB 2 Based on the observations of the Joint Committee, Uttarakhand Pollution Control Board has issued directions under section-S of the Environment (Protection) Act, 1.986 (as amended) to the Executive Officer, Nagar Palika Parisad, Chamoli-Gopeshwar- Chamoli for ensuring compliance of following, vide this office letter dated 27.06.2022:
i) To scientifically dispose 1064 MT legacy waste stored at the said site on priority basis as per the provisions of the Solid Waste Management Rules, 2016 and send compliance report.
ii) To ensure that waste disposed in the site shall not mix with nearby river.
iii) To ensure treatment of solid waste in accordance to Solid Waste Management Rules, 2016 and start construction of dumping ground as per approved DPR."
4. From the report, it is seen that there is unprocessed legacy waste stored at the site which has potential of mixing with the river water. Apart from accumulated waste, estimated waste generation for Gopeshwar- Chamoli is 5 TPD which is not processed. Thus, adequate capacity for waste processing has not been provided as per mandate of law. Moreover, legacy waste cannot be left unattended in the river catchment area.
5. Statutory timeline for steps for processing the legacy waste under the MSW Rules, 2016 has expired. Still, waste has not been processed. Such failure is to the detriment of environment and public health. There is continuous threat of waste going to the river which is source of drinking water. Directions of the Tribunal dated 04.01.2022, quoted earlier, remain uncomplied. Only step taken by PCB is to issue directions and only step taken by the Municipal Council is to give some contract but ground situation remains unsatisfactory. There does not appear to be adequate monitoring by the Urban Development Department of the State, as per mandate of statutory Rules and earlier orders of this Tribunal in OA606/2018, in pursuance of order of the Hon'ble Supreme Court dated 2.9.2014 in WP 888/1996, Almitra Patel, requiring this Tribunal to monitor compliance of norms.
3
6. Thus, case is made out for intervention of this Tribunal. The Additional Chief Secretary (ACS)/ Principal Secretary, Urban Development needs to monitor compliance of MSW Rules, 2016 by taking action against the erring officers. Let the same be now done at the earliest. For the past violations on polluter pays principle which also applies when there is palpable failure to perform statutory duties by a public authority, we determine financial liability of the Municipal Council at Rs. 10 lakhs. This amount may be deposited with the District Magistrate, Chamoli within one month which may be kept in a separate account for restoration measures to be supervised by the Secretary, Urban Development, Uttarakhand. The amount of compensation may be utilized for restoration measures preferably within three months.
7. We have seen from the report that the waste is said to have been covered to protect the river. Such step can hardly be held to be adequate unless an appropriate bundh is constructed. Steps should be taken to ensure that the waste generated is processed nearest to the source of generation within shortest period. Accumulated waste remains source of damage to the air and water quality and diseases in the area. Chamoli being ecologically fragile area of Himalayas, its environment has to be duly protected by maintaining norms of sanitation and hygiene, as per mandate of law.
The Application will stand disposed of.
A Copy of this order be forwarded to the Chief Secretary, Uttarakhand, ACS/Principal Secretary, Urban Development and Executive Officer, Nagar Palika Parishad, Gopeshwar, District Chamoli by email for compliance.
Adarsh Kumar Goel, CP 4 Sudhir Agarwal, JM Prof. A. Senthil Vel, EM Dr. Afroz Ahmad, EM October 18, 2022 Original Application No. 367/2021 AB 5