National Green Tribunal
Subhas Datta Applicant In Person vs State Of West Bengal Through Chief ... on 10 February, 2020
Item No. 03
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 32/2019 (EZ)
Subhas Datta Applicant
Versus
State of West Bengal & Ors. Respondent(s)
Date of hearing: 10.02.2020
CORAM: HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON'BLE MR. SIDDHANTA DAS, EXPERT MEMBER
Applicant(s) : Mr. Subhas Datta (in person)
Respondent(s): Mr. Ashok Kumar Banerjee, Senior Advocate a/w Ms.
Paushali Banerjee, Advocate for BMC.
Mr. Bikas Kargupta, Advocate for the State of West
Bengal.
Mr. Gora Chand Roy Choudhury, Advocate for
Respondent No. 08.
Mr. Prabhat Mishra, Principal Secretary, Department
of Environment, Government of W.B.
Mr. Surendra Kumar, Advocate for CPCB.
ORDER
1. The matter was dealt with elaborately on 18.12.2019 as will be evident from the order of that date. Today, the Bidhannagar Municipal Corporation (BMC) has filed a supplementary affidavit placing on record a comprehensive action plan of the Corporation in the form of a table which is reproduced below:
" 1 Fencing work of molar It is to be completed by Bheri March 2020 2 For the Bio-mining Total project completion at Mollar Bheri. period 18 months RFP (Request for including installation of Proposal) initiated machinery and for the work of" considering monsoon Scientific Dumpsite when no bio-mining work 1 Land Reclamation can be done 1st call through Bio-mining floated on-22/11/2019 resource recovery and published in 3 and Scientific leading dailies of three Rejects Disposal at different vernaculars. At Mollar Bheri, time of 1st call only 1 Bidhannagar Bidder participated as Municipal such no selection can be Corporation". done as per Tender Rules Second call was floated on 10/01/2020. Last date of submission of bid was 25/01/2020. Bid opening date for Technical Proposals (online) was 27/01/2020. Only 2 bidders have participated in the 2nd call. After techno-
financed evaluation through QCBS method on 27/01/2020 & 03/02/2020.One Agency is found to be acceptable by the Expert Committee. The matter is now being sent to Finance Department through Urban Development & Municipal Affairs department for approval. Work order will be issued immediately on receiving the approval of Finance Department, preferably by March, 2020, so that the installation of Bio- mining machines will be completed by June, 2020 before the onset of monsoon. The entire process will be completed by July, 2021
3. Waste Segregation-
In the 1st phase two Bins of 15 lt. each (Green & Blue) have been distributed to the individual residential households for segregation of waste source. In the 2nd phase Bidhannagar Municipal Corporation is distributing disposable bio-
degradable paper bags for disposal of Hazardous waste.
These bags will be distributed against 2 a nominal charges to be paid by the residential. Several awareness meeting on the provisions of SWM Rules-2016 has been held with the commercial establishments in general and the eateries with generate huge quantity of wet waste in particular all the commercial establishments have been directed to purchase green and blue green of specific size and as per rate fixed by the Corporation.
This will enable
100% segregation
at source. In
respect of big
holding society like
Laboni, Falgoni,
Karunamoyee,
Purbachal etc.
Bidhannagar
Municipal
Corporation will
provide multi Bins
of 100&100 lt. in
size for temporary
storage of
segregated waste
generated from
households which
will be compatible
with the mobile
compactors. These
Compactors will
regularly collect
the segregated
waste from the big
bins to be stationed
at various points
within having
complex
4 Bhidhan Nagar
Municipal
Corporation have
started a small
Zero Waste Station
for collecting and
processing of dry
waste like plastic,
glass is already
installed at Central
Park, Salt Lake-
every day 300kg of
dry waste is
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recycled. This has
in an experimental
basis and disposal
shall be done
scientifically
5. Organic Waste Will be completed by July
Convertor Six 2020
numbers of 1
ton/day and Four
numbers of
300kg/day Organic
Waste Converter
(OWC) will be
installed at the
following location
at Salt Lake
Satellite Township
area for preserving
of wet
waste,following all
financial norms.
The following
locations are given
below:-
a. AD block
b. IA block
c. Baishakhi
d. EE block
e. UCO bank
sector -1
f. Bidyadhari
school
g. BJ block
h. BF -CF block
i. Kendriya
Vidyalaya
j. EB block
k. AA block
5 1 TPD/day AOWC will start
Automatic Organic functionally from 31st
Waste Convertor May 2020 and Bio-
(AOWC) total 4 in methanization will be
number and 1 TPD functional from 31st
6 in number for August 2020
which tender will respectively.
be floated by
7/02/20 and four
number of
locations for 5 TPD
Bio-methanation
plant have been
identified that
include sites at
Duttabad, IB
sector, AK block
and Harichand
pally. The AOWC
and Bio-
methanation
plants,
advertisement for
e-tender id 2019-
MAD-254896_1 was
4
published in times
of India 28/11/19
was annexed with
the previous
Affidavit affirmed
on 14/12/19 by the
corporation.
6. Bhidhannagar The project is estimated
Municipal to be implemented by 31st
Corporation have December 2020
identified
integrated waste
management
facility at
Patharghata, Plot
no.IIID/6(HIDCO)
measuring around
20 Acres of land
where centralized
waste processing &
treatment facilities (550 TPD Material recovery facility (MRF) 400 TPD plan for construction and demolition waste (C&D) AND 400 TPD Bio-
menthanation plant will be constructed. "
2. As will appear from the action plan, an agency has been selected for carrying out Bio-mining at Mollar Bheri and the matter is under consideration of the Finance Department after whose clearance only the work order would be issued which is expected to be by March, 2020, the machinery for Bio-mining shall be installed by June, 2020 before the onset of the monsoon and the entire process of Bio-mining will be completed by July, 2021.
3. While we find the action taken to be quite satisfactory, the time taken in our considered opinion is inordinately too long having regard to the gravity of the situation. We will expect all approvals to be obtained and work order issued within February, 2020.
4. We accordingly ordered so.
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5. In so far as the other components are concerned, we expect the Municipal Corporation to adhere to the time line prescribed in their action plan.
6. On behalf of the Chief Secretary action taken report has been filed which we may reproduce below:
" Issues Recommendation by Action taken the Committee constituted under the direction of Hon'ble NGT As East Kolkata As per NGT order Wetland is a dated 18.12.2019, Ramsar Site, Bidhan nagar Bidhanagar Municipal Corporation Municipal (BMC) has stopped Corporation shall dumping municipal stop further waste at Mollarbheri dumping of solid from 16.12.2019.
waste at the MollarBheri site and required to find the alternative/new site for MSW facility with relevant documents.
Bidhannagar BMC issued notice for Municipal RFP initiated for the Corporation shall work of Scientific categorically follow Dumpsite Land the guidelines of Reclamation through legacy waste (Old Bio-mining resource MSW) as prepared recovery and Scientific by Central Pollution Rejects disposal at Control Board as MollarBheri. Total per the directions of project completion Solid waste Hon'ble NGT Order period is 18 months dumping at dated 16.01.2019 in including installation Mollar Bheri the matter of OA No. of machinery and 606/2018. considering monsoon when no mining work can be done. At the first call on 22.11.2019 only one bidder has participated as such no selection could be done. On the second call on 10.01.2020, two bidders participated. One agency selected by the expert committee and the matter has been 6 sent to Finance Department through UD&MA Department.
Entire process will be completed by July, 2020.
Bidhannagar BMC has started fencing Municipal at Mollarbheri and the Corporation shall work is to be completed complete the by 31.05.2020.
fencing of entire
municipal solid
waste dumpsite
immediately to stop
spillage of waste to
the adjoining water
bodies as per the
order of Hon'ble
NGT.
Demarcation of Completed.
dumpsite shall be
immediately done
by the Bidhannagar
Municipal
Corporation in
consultation with
the District Land
Authority and
EKWMA.
Illegal Immediate action by Principal Secretary,
Construction setting a task force Environment
in the Entire for cases of Department reviewed
East Kolkata violations of the status with the
Wetland Rules/Act relating to Commissioner, KMC,
Area EKW with BMC, District
Superintendent of Magistrate North and
Police (SP) and In- South 24 Parganas,
charge of the police and South 24
concerned police Parganas, police
station charge of authorities of
the concerned police Bidhannagar police
station areas for Commissionerate,
filing charge sheet Kolkata Police
against FIR and Commissionerae and
expedite Baruipur Police
investigation within District on this issue
the EKW area. of unauthorised
constructions over the East Kolkata Wetlands on 02.12.2019. It was decided that The Police Authorities would complete their enquiry against the violators within a stipulated time frame and take pro-active action in case of any complaints/FIRs within the EKW so that no further 7 violation takes place.
The District
Administration and
KMC would take
initiatives for
demolition and
restoration work
within their respective jurisdiction.
The pending cases in courts would be perused for early disposal.
A status of the FIRs is enclosed at Annexure-
R1.
Hon'ble NGT may Demolition and direct concerned restoration of authorities to wetlands are being intervene the matter carried out by KMC at on encroachment Mouza Chawbaga and and impose suitable Dhalenda under P.S. action. Anandapur and P.S. Pragati Maidan respectively.
The pictures are
annexed as Annexure-
R2.
Five stop work
notices have been
issued after
18.12.2019.
Two hearings have
been conducted after
18.12.2019 for the
violations cases.
East Kolkata The meetings of the
Wetlands acts as a East Kolkata Wetland
regulator of water Management Authority
regime, water and the State Wetland
recharging, air Authority took place
quality purifier on 20.12.2019,
which is important The matter of
and has great preparation of
ecological Integrated
significance which management Plan for
is completely EKW was discussed.
threatened with an Accordingly Director of
extant ecosystem. Wetland International
Immediate action to South Asia which
preserve and prepared earlier
maintain ecological management plan for
balance of the EKW of 2008 met
wetlands needs Principal Secretary,
deep intervention by Environment on
the Authority. 15.01.2020 and it was
Hon'ble NGT may decided that they
provide necessary would update the plan
direction for and sent it to the
formulation of a Department of
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wise use plan. Environment for
finalisation.
Plastic Hon'ble NGT may KMC/Police Authorities
reprocessing direct the Police are taking necessary
units along Authority and KMC action. Cases have
the Basanti Authority for taking been started against
High Way necessary actions the unauthorized
Road side against the leather shaving burning
areas unauthorized units under section 133
plastic recyclers, of Cr.PC.
leather shaving
burning units etc.,
which are under
operation within
EKW area.
"
7. In terms of our order dated 18.12.2019, a Monitoring Committee has been constituted vide Notification dated 07.02.2020. It is further been informed that dumping of garbage has been stopped by all and has been diverted to the Dhapa Dump Yard. Dhapa Dumping Yard is again a matter of grave concern as the mountain of legacy waste spread over a large area which weighs to more than 10 Lakh Tonnes according to the State, requires to be dealt with regarding which directions have been issued from time to time in O.A. No. 606/2018 which is under consideration in Court No. 1 of the Tribunal. Mr. Prabhat Mishra, Principal Secretary, Environment Department, Government of West Bengal, informs us that several steps have been taken towards disposal of legacy waste regarding which we do not find mention in the report. Apart from this, there are also other actions stated to have been taken. We direct the Environment Department to file an affidavit placing on record the present status of all actions taken and the future action plan with prescribed timelines.
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8. Mr. Subhas Datta, the Applicant, submits that besides the Mollar Bheri illegal dumping of garbage, the other major issue pertains to encroachment of the wetland primarily on account of the fact that no proper demarcation and fencing of the wetland has been done although several resolutions have been passed by the East Kolkata Wetland Authority (EKWA) towards that end.
9. It is further informed that there are more than 25,000 encroachments. On behalf of the State, it is submitted that action has been initiated against the encroachers some of whom have issued with orders for demolition of illegal structures and the process is continuing. One of the reasons for the delay in taking action is stated to be on account of the cases filed under the East Kolkata Wetlands (Conservation and Management) Act, 2006 before the Civil/Criminal Courts not getting disposed off expeditiously and remaining pending for inordinately long time.
10. This matter no doubt is of serious concern and requires monitoring but is not within the domain of the Tribunal. We, therefore, request the Hon'ble Chief Justice of the Calcutta High Court to be gracious enough to look into the matter so that the matters relating to serious environmental infractions are heard and disposed off expeditiously in the interest of the environment.
11. We direct the State, more particularly, the Environment Department, Government of West Bengal, to file further affidavit to place on record the present status of all actions taken and also an action plan in dealing with the matter. We also direct the BMC to 10 place on record the latest status. Let the Nabadiganta Industrial Township Authority (NDITA) and the New Kolkata Development Authority (NKDA) also file report on the current status. The Principal Secretary, Environment Department, shall ensure compliance of this part of the directions.
12. A copy of this order be transmitted to the Registrar General, Calcutta High Court for being placed before the Hon'ble Chief Justice.
13. List on 24.02.2020 S.P. Wangdi, JM Dr. Satyawan Singh Garbyal, EM Siddhanta Das, EM 10th February, 2020 O.A. No. 32/2019 (EZ) avt 11