National Green Tribunal
Shriraj Madhusoodanan Pillai vs Chief Officer Of Ambernath Municipal ... on 7 December, 2022
(Pune Bench)
P
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 66/2022(WZ)
I.A. No. 100/2022 (WZ)
IN THE MATTER OF :
1. Shriraj Madhusoodanan Pillai
4/005, Sarvoday Square, Chikhloli,
Ambernath (W)-421 503.
2. Shrimati Bharti Sawant
7/302, Sarvoday Square, Chikhloli,
Ambernath(W)-421 503.
.....Applicant(s)
Versus
1. The Chief Officer,
Ambernath Municipal Council,
Administrative Building, Ambernath,
District: Thane-421 501.
[email protected]
2. The Collector,
First Floor, Collector Office,
Court Naka, Thane West- 400 601
[email protected].
3. Maharashtra Pollution Control Board,
Kalpataru Point, 3rd & 4th floor,
Opp. PVR Cinema, Sion Circle,
Mumbai- 400 022.
[email protected].
4. Principal Secretary,
Urban Development Department,
4th Floor, Mantralaya,
Mumbai-400 032
5. Central Pollution Control Board,
Ministry of Environment,
Forest and Climate Change,
Govt. of India, Parivesh Bhawan,
East Arjun Nagar,
Delhi- 110 032.
[email protected]
....Respondent(s)
Counsel for Applicant(s):
Mr. Akshay Shah, Advocate
Page 1 of 20
Counsel for Respondent(s):
Mr. Balkrishna Joshi, Advocate for R-1
Ms. Manasi Joshi, Advocate for R-3
Mr. Aniruddha Kulkarni, Advocate for R-5
PRESENT:
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
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Reserved on : 22.11.2022
Pronounced on : 07.12.2022
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Judgment
1. This application has been filed with a prayer that the respondents be directed to abide by the provisions of the Environment (Protection) Act (EPA), 1986 and the Solid Waste (Management and Handling) Rules 2016, while managing and handling the Municipal Solid Waste generated in the city/ town of Ambernath, District-Thane. Further, it is prayed that the respondents be directed to strictly make use of the land bearing Survey No. 132 situated at Village Chikloli, Tal Ambernath, District- Thane after maintaining a buffer zone of 500 mtrs as prescribed by Central Pollution Control Board (CPCB). It is also prayed that the respondents be directed to remove the entire heap of garbage illegally dumped in Survey No. 132 adjacent to Survey No.131 and restore the said land by carrying out afforestation and planting trees to negate the adverse impact due to illegal dumping activities and that they be further directed to remove the entire heap of garbage at their own expenses. It is further prayed that respondent No.2 be directed to take penal action against the wrong doers and contractors as well as concerned officers of Respondent No.1 who are responsible for the contravention of the provisions of the Environment Protection Act 1986 and provision of Solid Waste Management Rules 2016.
2. The brief facts of the case are that in the vicinity of the applicants in Survey No. 132, which is situated in residential area, garbage dumping is Page 2 of 20 done by Respondent No.1- Ambernath Municipal Corporation (AMC) since December 2021. Initially in the month of September 2021, Respondent No.1 used to dump one/two trucks on daily basis which was gradually increased by considerable quantity without following any norms. Various representations were made by the residents of the area to the authority but to no avail. The guidelines laid down under the various laws providing for "Buffer Zone" have not been followed. Even Central Pollution Control Board (CPCB) has issued "Buffer Zone guidelines"
which have been ignored. There are about 35,000-40,000 houses in the vicinity which are vulnerable to the menace of pollution. The Applicants came to know that the Respondent No. 1 sought permission from Respondent No.3- Maharashtra Pollution Control Board (MPCB) on 28.12.2017 to set up and operate waste processing / recycling/ treatment/ disposal facility at Survey No. 132, Mauze- Chikhloli, Near Dental College Ambernath, District- Thane on the terms and conditions provided therein, but Respondent No.1 has not complied with the terms and conditions of the said authorisation. The illegal dumping of waste and the high-handed activities of Respondent No.1 has damaged the ground water, the same is spreading foul smell adjacent to the residential buildings. The said waste catches fire frequently which causes a lot of irritation in the eyes and the air pollution makes the breathing of local residents difficult. Hence prayers as above are made.
3. The matter was first taken up for hearing on 5th July 2022 and was adjourned to 7th July 2022 for hearing on admission. On 7th July 2022, after hearing the learned counsel for the applicants, the Application was admitted and the notices were directed to be issued to the respondents and a Joint Committee was also constituted, which has submitted its report in August 2022. The relevant portion of the said Joint Committee Report is reproduced herein below:
Page 3 of 20
"3.1 Ambernath Municipal Council (AMC) is located in Thane District. As per 2011 census, total population was 2,53,475 whereas present population is about 3,25,000.
03.2 AMC was earlier dumping solid waste at Survey No. 73, Village--Morivali, Taluka Ambernath.
03.3 AMC is presently dumping Solid Waste at Survey No. 132, Village Chikhloli, Near Sarvoday Nagar, Taluka Ambernath, which comes in Ambernath Municipal Council area for which the present Application is filed. The land 13.58 hectares at aforesaid Survey No. was handed over by the Collector, Thane to AMC for MSW management/public Utilities vide letter dated 13.12.2001. The copy of letter dated 13.12.2001 from the Collector, Thane to AMC is submitted at Annexure-IV.
03.4 AMC had obtained Authorization for setting up and operation of MSW processing facility (Vermi composting and Material Recovery Facility(MRF)) vide authorization dated 12/09/2002. Only Vermi composting facility was developed at this location in 2004 and operated up to 2006 and there was no MRF developed at this Site. However, due to local hindrances and resistance, it is informed that MSW project after 2006 was discontinued.
03.5 As the MSW project at Survey No. 132 Village Chikhaloli after 2006 was discontinued due to resistance from local residents/villagers AMC started dumping of MSW at Survey No. 73, Village Morivali, Tal. Ambernath, Dist. Thane which continued till August-2021. The said dumping of Solid Waste at this Survey No. 73 was restricted by the Hon'ble building committee held under the Chairmanship of Justice A.A. Sayed and in the presence of Hon'ble Justice S.S. Shinde, Hon'ble Justice K.K. Tated, Hon'ble Smt Justice Mohite-Dere, Hon'ble Justic M.S. Karnik and Hon'ble Justice R. I. Chagla of Hon'ble High Court of Bombay by issuing order dtd. 05/08/2021 due to proposed Court Building nearby.
03.6 Thereafter, as a temporary arrangement AMC once again started dumping of Solid Waste at Survey No. 132, Village Chikhloli, Tal. Ambernath, Dist. Thane from 11/08/2021 i.e. almost a year back.
Though, AMC had obtained Authorisation dated 28.12.2017 (Annexure-V) to set up and operate waste
processing/recycling/treatment/disposal facility at this Survey No. 132, village Chikhaloli and the same was valid up to 31.12.2021, Solid waste processing/recycling/treatment/disposal facility are not developed at this site and solid waste dumping started on open ground at one corner near the residential buildings. The distance from nearest building is about 20 meters whereas MIDC road is about 100 meters. Page 4 of 20 During the visit, it was observed that the dumping of SW is very adjacent to residential buildings and foul smell was experienced in and around said MSW dumping site.
03.7 As informed by AMC vide letter dated 03.08.2022, Out of 13.58 Hectares, around 1.5 Hectares land is in use. Quantity of MSW at site is about 25000 CuM. The waste dumped daily (133 TPD) at the landfill site is capped with a layer of soil excavated from adjoining hill after regular interval along with Disinfectant spraying on waste is done regularly. The copy of the AMC letter dated 03.08.2022 is given at Annexure-VI.
Solid waste generation is about 158 TPD out of which about 72 TPD is wet waste and 86 TPD is dry waste. AMC has claimed that about 158 TPD is collected through 56 Numbers of Garbage Vehicles (Ghantagadis) and one transfer station near Circus ground which is about 8 km from present dumping site. About 133 TPD solid waste is dumped at present dumping site and 33 TPD plastic waste is segregated and 10 TPD is used for compostin g at de-centralized Composting facilities.
03.8 Various complaints were made by local residents regarding illegal dumping of Solid waste at the said site without maintaining buffer zone from residential buildings and thereby causing nuisance of smell, houseflies and mosquitoes. Nearby residents during the visit also expressed their strong concern of foul smell, houseflies, and arising health issues thereby.
03.9 During the visit, flow of leachate was observed from the dumping site which was further meeting the local nalla/drain. There was no proper leachate collection arrangement and transfer of leachate to STP for the treatment was not even envisaged by AMC due to heavy rains in the area. Latter, the work of construction of concrete gutters around the dumping site was taken by AMC and now, it is informed though letter dated 03.08.20222 (Annexure-VI) that generated leachate is collected with the help of a suction vehicle and transported to the Sewage Treatment Plant (Chikhloli-STP). 03.10 The committee also inspected surrounding area of present dumping site at Survey No.132 and noted that leachate is getting mixed with water which is flowing to nearby Nallah/drain, due to rainy season, which is ultimately meeting with Ulhas River. The analysis results of the samples taken from drain/nallah and stagnant/accumulated water shows contamination due to leachate (please, refer Annexure-Ill for analysis results). It is claimed by the farmers gathered during the committee visit that Page 5 of 20 the contaminated water due to leachate was damaging their agriculture land which need to be ascertained by Agriculture Department.
03.11 The committee also visited previous facility of vermi composting developed by AMC at Survey No. 132, Village Chikhloli, Tal. Ambernath, Dist. Thane which was developed in 2004, and presently was not in operation. It was informed that the same was not in operation due to resistance of local residents/villagers since 2006.
03.12 Further, AMC informed that Integrated Solid Waste Management Project for Ambernath Municipal Council, Kulgaon- Badlapur Municipal Council and Ulhasnagar Municipal Corporation is proposed at Survey No. 188, Village Valavli, Tal. Ambernath, Dist. Thane (please, refer Image-01 & 02). The proposed site for the aforesaid Integrated Solid Waste Management Project shall be developed where the existing MSW dumping site of Kulgaon-Badlapur Municipal Council is in operation. The land of the proposed Integrated MSW processing facility is in the possession of Kulgaon-Badlapur Municipal Council. For this combined project, about 5.00 hectares (7.80 Acres) of land is required out of 9.50 hectares (23.80 Acres) of available land at Survey no. 188, Village Valivali. This facility will consist of compost plant, Material Recovery Facility, Scientific Landfills etc with capacity 600 TPD with total cost Rs. 148.67 Cr.
For preparation and execution of joint solid waste management project M/s. Tandon Urban Solutions Pvt. Ltd. Mumbai has been appointed as Project Management Consultant. The project is technically vetted by I.I.T. Mumbai. The estimated cost of the proposed project is Rs. 116.71 crores and the project is submitted to the Mumbai Metropolitan Region Development Authority (MMRDA) for technical approval and funding. As per directives of MMRDA now Ulhasnagar Municipal Corporation is also included in this cluster project. Revised cos is Rs. 148.67 Crore which is submitted to MMRDA for its approval and finance. It is further informed by AMC that the new integrated facility to be developed at Survey No. 188 requires about 1.5 years. Further, the disposal site of Mauje Chikhloli survey no. 132 will be permanently closed and Bio mining work will be carried out at this stage.
Page 6 of 20 04.0 ACTION TAKEN BY MPCB 04.1 MPCB issued Directions dated 28.07.2021 (Annexure-VII) for non- compliance of NGT Order dated 02.07.2020 in OA No. 606 of 2018 in the matter of compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues and directed to pay final compensation at the rate of Rs. 1 Lakh per month from 01.04.2020 till compliances towards Solid Waste Management Rules, 2016 and compensation at the rate of Rs. 1 Lakh per month from April 2021 till compliance towards the non-compliance of Legacy Waste Management for not completing bioremediation work of legacy waste before 07.04.2022.
04.2 Further, MPCB issued proposed directions dated 12/01/2022 (Annexure-VIII) u/s 33A of the Water (Prevention & Control Pollution) Act, 1974 and/or u/s 31A of Air (Prevention & Control Pollution) Act, 1981 to Ambernath Municipal Council vide letter for violation of Solid Waste Management Rule, 2016 and failure to provide scientific treatment at dumping site based on the visit of MPCB officials on 23.12.2021. Subsequently, personal hearing was extended on 01/02/2022.
Further, MPCB issued interim directions on 29/07/2022 (Annexure-IX) u/s 33A of the Water (Prevention & Control Pollution) Act, 1974 and/or u/s 31A of Air (Prevention & Control Pollution) Act, 1981- For obtaining authorization under MSW Rules, 2016, To provide and maintain buffer zone as per MSW Rules, 2016, to provide adequate leachate collection system, to undertake adequate measures to control foul smell generating from MSW, to provide fencing/ compound wall around the compound site, not to dump MSW unscientifically, to provide mechanism for collections of segregated waste to achieve 100% segregation at source, to restrict open burning of MSW within Municipal Council of Ambernath, Page 7 of 20 to explore alternate site for scientific collection, treatment, disposal of MSW, to furnish Bank Guarantee of Rs. 10 Lakh and brought to notice that AMC has neither furnished environmental compensation of Rs. 1 Lakh per month from 01.04.2020 till compliances of SWM Rules, 2016 and nor furnished compensation at the rate of Rs. 1 Lakh per month from April 2021 till compliances towards non-compliances of legacy waste management for not completing bioremediation work of legacy waste.
5.0 CONCLUSIONS 05.1. AMC has provided temporary arrangement for dumping the solid waste at Survey No.132, Near Sarvodaya Nagar, Village Chikhaloli Taluka Ambernath which comes under Ambernath Municipal Council Area where there is no processing/recycling and disposal facility though obtained Authorisation dated 28.12.2017 to set up and operate waste processing/recycling/treatment/disposal facility and solid waste dumping started on open ground at one corner near the residential building. This is the violation of SWM Rules 2016. The distance from nearest Building is about 20 meters whereas MIDC road is about 100 meters. During the visit, it was observed that the dumping of Solid Waste is very adjacent to residential buildings where foul smell was experienced in and around said MSW dumping site.
05.2. The 13.58 hectares of land of the aforesaid Survey No. 132 is handed over by the Collector Thane to AMC vide letter dated 13.12.2001 for MSW Management/Public utilities. Accordingly, AMC obtained Authorization for setting up and operation of MSW processing facility (Vermi composting and Material Recovery Facility) vide authorization dtd. 12/09/2002. AMC developed Vermi-composting facility. However, due to local hindrances and resistance, AMC could not continue this MSW project after 2006 where only Vermi composting facility was developed.
Thereafter, AMC again started dumping of Solid Waste at Survey No. 73, Village Morivali, Tal. Ambernath where AMC was dumping its waste prior to getting land i.e. Survey No. 132. The dumping of solid waste was continued till August-2021. The said dumping of MSW at this Survey No. 73, Village Morivali was stopped due to order of Hon'ble Building Committee of Hon'ble Page 8 of 20 High Court of Bombay by issuing order dtd. 05/08/2021. AMC once again started dumping of MSW using 1.5 hectares land out of 13.58 hectares at Survey No. 132, Village Chikhloli from 11/08/2021.
05.3. There was no proper leachate collection arrangement and transfer to nearby STP from the dumping site and therefore due to rainy season, leachate was found flowing to nearby drain/ Nallah and accumulated in the area, contaminating the same. Latter, AMC informed that leachate is being collected and transferred to STP for treatment.
05.4 Integrated Solid Waste Management Project for solid waste from Ambernath Municipal Council, Kulgaon-Badlapur Municipal Council and Ulhasnagar Municipal Corporation is planned at Survey No. 188, Village Valavali, Taluka Ambernath, Dist. Thane. For this combined project, about 5.00 hectares of land is required out of 9.50 hectares of available land at Survey no. 188, Village Valivali. This facility will consists of compost plant, Material Recovery Facility, Scientific Landfills etc with capacity 600 TPD with total cost Rs. 148.67 Cr. Preparation and execution of joint solid waste management project M/s Tandon Urban Solutions Pvt. Ltd. Mumbai has been appointed as Project Management and Consultant. The project is technically vetted by I.I.T., Mumbai. The estimated cost of the proposed project is Rs. 116.71 crores and the project is submitted to the MMRDA for technical approval and funding.
05.5 As informed by AMC, the aforesaid integrated project requires about 1.5 years. Further, the present disposal site at Srvey no. 132 Village Chikhloli will be permanently closed and Bio mining work will be carried out at this site."
4. As per the service affidavit, service of notice to all the respondent is sufficient.
5. From the side of Respondent No.3/Maharashtra Pollution Control Board, an affidavit dated 12 th August, 2022 has been filed, where-in it is stated that the answering respondent had granted authorization under the Solid Waste Management Rules, 2016 to the Respondent No.1- Ambernath Municipal Council on 28 th December, 2017, to set up and operate solid waste processing/ recycling/ treatment/ Page 9 of 20 disposal facility at Survey No. 132, Mauze- Chikhloli Ambernath, District- Thane which was valid upto 31 st December, 2019, but the Respondent No.1 failed to apply for renewal of authorization till date. The answering respondent, in compliance of the order dated 2nd July, 2020 of this Tribunal in Original Application No. 606/2018 had issued letter dated 7 th December, 2020 and its reminder dated 11th December, 2020 and directed the Respondent No.1 to pay Final Compensation from 1 st April, 2020 till compliance, to the Central Pollution Control Board for restoration of environment as follows:-
I. Final Environmental Compensation of Rs. 8.0 Lakh towards non-compliance of Solid Waste Management Rules, 2016 untreated solid waste to the tune of 158 MT/day from 1/04/2020 to 30/11/2020 II. Final Environment Compensation of Rs. 1.0 Lakh from 1/04/2021 till compliance towards the non-compliances of Legacy Waste Management as you have not completed bioremediation work of legacy waste before 07/04/2021 III. To pay Rs. 1.0 Lakh per month for the non- compliance of solid waste management and legacy waste management from December, 2020 onwards till the compliance.
6. However, the Respondent No.1 has failed to pay the aforesaid Environment Compensation to the CPCB.
7. The officials of answering respondent-Board at Kalyan visited Municipal Solid Waste(MSW) site of Respondent No.1- Ambernath Municipal Council at Survey No. 132 on 23 rd October, 2021 and observed that the municipal solid waste generated by Respondent No.1- Ambernath Municipal council area was unscientifically dumped at the aforesaid site from August, 2021 which has created smell nuisance to the local residents and also failed to provide leachate collection and treatment and its scientific disposal. Page 10 of 20 Respondent No.1 had dismantled/ removed compound wall of tin metal sheets from some places around the Municipal Solid Waste (MSW) site, failed to provide buffer zone between the residential complex and MSW dumping site. The non-compliance was brought to the notice of the Respondent No.1 by letter dated 3 rd November, 2021 and proposed directions were also issued vide letter dated 12 th January, 2022. The Joint Committee visited the MSW site of Respondent No.1 and submitted its Report before this Tribunal on 12th August, 2022.
8. In compliance with the order of this Tribunal dated 2.7.2020 in Original Application No. 606/2018- "In the matter of compliance of Municipal Solid Waste Management Rules, 2016", the answering respondent issued directions vide letters dated 28.7.2021 and 29.07.2022 to the Respondent No.1 to pay final compensation at the rate of Rs. 1 lakh per month from 1.4.2020 till compliance towards the Solid Waste Management Rules 2016 and compensation at the rate of Rs. 1.0 lakh per month from April, 2021, till compliance towards non-compliance of the Legacy Waste Management but Respondent No.1 failed to make said payment. Since 01.04.2020 to 30.09.2022 i.e. 29 months have lapsed towards non-compliance of Solid Waste Management Rules 2016 and for legacy waste management; since 1.04.2021 to 30.09.2022 i.e. 17 months have lapsed for non-compliance of Legacy Waste Management. Accordingly, the answering respondent imposed final compensation upon the Respondent No.1 as Rs. 29 lakhs and 17 lakhs for non- compliances, as communicated vide letter dated 07.10.2022 .
9. The reply submitted by the Respondent No.1- Ambernath Municipal Counsel vide affidavit dated 26 th August, 2022 is as follows:-
The Respondent No.1 is presently dumping Solid Waste at Survey No. 132, Chikhloli which comes under the Ambernath Municipal Council area. The land admeasuring 13.58 hectares at the aforesaid Page 11 of 20 Survey number was handed over by the Collector Thane to the Respondent No.1 for Municipal Solid Waste (MSW) Management / public utilities vide its letter dated 13 th December, 2001. At the relevant time the said site was outside the residential areas. There was no building constructed near the site. There was only one village near the said site. There was another site which was used by the Respondent No.1 since, 1958, being Gut No.73 at Morivali, Ambernath for dumping Municipal Waste. The Respondent No.1 had obtained authorization for setting up and operating of MSW processing facility (Vermin Composting and Material Recovery Facility) vide order dated 12 th September, 2002 at Survey No. 132 Chikloli. Only vermin composting facility was developed at this location in the year 2004 and was operated upto 2006. There was no Material Recovery Facility (MRF) developed at the site. Due to local Villagers' resistance, the MSW project at the said site was discontinued from the year 2006. At that relevant time there was no building in the vicinity of the said site. The buildings in the vicinity of the said site came up before coming into operation of MSW Rules, 2016, therefore, there was no occasion to create buffer zone around the said site.
10. Respondent No.1- Ambernath Municipal Council, thereafter started dumping MSW at Gut No. 73 at Morivali which continued till August, 2021, but the same had to be discontinued due to the construction of court building in its vicinity, as per the directions of the Hon'ble High Court.
11. Looking to the resistance of local villagers at Survey No. 132 Chikhloli, the Respondent No.1 along with the Kulgaon Badlapur Municipal Council decided to jointly use Survey No. 188 at Walivali for processing Solid Waste. They were aware of the court building coming up near the Gut No. 73, close to site where Respondent No.1 was dumping Municipal Solid Waste. The Special General Body of Page 12 of 20 Respondent No.1 had passed a resolution on 2 nd January, 2020 thereby approving the joint project for MSW with Kulgaon Badlapur Municipal Council. The Kulgaon Badlapur Municipal Council passed similar resolution, thereby granting approval for Joint MSW project at Survey No. 188 at Walvali. The State government agreed with the proposal and directed the Respondent No.1 and the Badlapur Municipal Council to submit combined DPR to the State government for its approval, which was approved. In the said meeting Commissioner of MMRDA was also present, who directed Respondent No.1 to submit the Joint DPR to MMRDA. The Joint Detailed Project Report in respect of alternate site at Survey No. 188 at Walivali was prepared on 05.06.2020 by the consultant and after its finalization the same was submitted to the Respondent No.4- Principle Secretary on 19.08.2020 and the said DPR was also submitted to MMRDA for technical sanction and funding of the said project on 17.11.2020. The Respondent No.1 had already taken appraisal report from IIT Mumbai in respect of said DPR on 07.12.2020. The MMRDA has sanctioned a sum of Rs. 73.54 crores for the said project with direction to AMC and Kulgaon Badlapur Municipal Council to open escrow account for funding of the Joint MSW project at Survey No. 188 at Walivali, Badlapur.
12. The Ulhasnagar Municipal Corporation was also facing similar problem of disposing MSW, therefore, MMRDA directed it also, vide letter dated 17.05.2022, to communicate their willingness to join the combined MSW at Survey No. 188 Walivali at Badlapur. After the approval from Ulhasnagar Municipal Corporation to join the project at Survey No. 188 Walivali, a revised DPR was prepared by Respondent No.1 and as per the DPR the projected cost is Rs. 148.68 crores, which was submitted by MMRDA for technical sanction.
Page 13 of 20
13. It is further submitted that due to discontinuance of dumping at Gut No. 73 at Morivali in pursuance of the Hon'ble High Courts' order, Respondent No.1 had no alternative but to dump the garbage at Site situated at Survey No. 132, Chikhloli. The respondent No.1 has already taken steps to start the alternate project of MSW plant at Survey No. 188 Walivali, therefore, the present arrangement of dumping MSW at Survey No. 132 is of purely temporary nature.
14. It is further submitted that pursuant to discontinuance of dumping at Gut No. 73 at Morivali, the Respondent No.1 approached the Collector, Thane seeking alternate site for dumping MSW on urgent basis on 10.03.2021, wherein the collector proposed alternate site for dumping of garbage at Survey No. 33/2 Jambivali. Thereafter the Collector formed a Committee for assessing viability of the site for dumping, but the same was not found viable as it was too close to Chikhloli dam. Therefore, the Respondent No.1 was left with no other option but to dump the garbage at Survey No. 132 till commissioning of the Joint MSW project at Survey No. 188 Walivali, Badlapur.
15. It is submitted by the Respondent No.1 that the waste dumped daily (133 Tons per day) at landfill site is capped with a layer of soil after regular interval and disinfectant spraying is done on regular basis. During the monsoon, due to heavy rains, leachate management system fell short, hence leachate flowed nearby. Considering this issue, the construction of concrete gutter is done around the dumping site. The estimated volume of leachate in rainy season is around four thousand ltrs per day in diluted form and in other seasons it is hardly 500 ltrs. Taking into consideration the volume of leachate, the work of connection of generated leachate to the sewerage system was taken in its hand by Respondent No.1 which has been completed. As an immediate measure, the generated Page 14 of 20 leachate is collected with the help of suction vehicle and transported to sewerage treatment plant.
16. It is evident that Respondent No.1 has taken every possible step to start an alternate MSW Joint Project, therefore, it should not be penalized as per the recommendations in clause No. 06.7 in the committee report. If the applicants and other residents are still suffering due to the dumping at Survey No. 132 Chikhloli, the direction may be issued to Respondent No.1 to dump the garbage at the alternate site i.e. at Survey No. 188 at Walivali, Badlapur till the Joint MSW Project is commenced at said site. The said site is in the possession of Kulgaon Badlapur Municipal Council, to whom necessary directions may be issued. If such order is passed, the answering respondent will immediately start dumping solid waste at the said site and would permanently close the site at Survey No. 132 Chikhloli and biomining work of dumped MSW will be carried out at Survey No. 132 at Chikhloli.
17. It is further submitted by answering respondent that it has prepared a scale map as well, and has taken out a copy of Google map showing the present dumping site as well as the residential buildings. It indicated that there is no area available for carving out buffer zone as contemplated by the MSW Rules, 2016. Initially, there was only 20 mtrs distance between the dumping area and residential buildings but now the distance has been increased to 80 mtrs and in short future the distance would be around 100 to 120 mtrs from the residential buildings. There is no possibility to raise distance beyond the 100mtrs to 120mtrs from the residential buildings, since there is also a Goanthan area existing at other side of the plot, residents of that area are also opposing the dumping site right from the beginning of the year 2002. The present land fill site is capped with layer of soil after regular interval and disinfectant is being sprayed. As regards alternate site at Survey Page 15 of 20 No. 188 Walivali Badlapur, the MMRDA has written a letter to Secretary, Urban Development dated 12.09.2022 informing the State Government that since the Integrated DPR of the three ULBs is already vetted by IIT Bombay, it is anticipated that Technical Sanction would be given to the said project. Once the GoM gives its approval to the said DPR, said ULBs shall implement t he project at the said site.
18. It is further submitted that the calculation of Environmental Compensation for violations, in respect of the site (Survey No. 132 at Chikloli), calculation ought to have been made from the 11 th August, 2021 and not from the dates considered by the Respondent No.3-MPCB because this site at Survey No. 132 at Chikloli was not in use prior to 11.08.2021. The answering respondent has already deposited amount of Rs. 17 lakhs with the office of Maharashtra Pollution Control Board on 10.10.2022, a copy of receipt is annexed. During the pendency of the present proceedings a MMRDA has granted Administrative and technical sanction to the Joint Project on Survey No. 188 at Walivali in the meeting dated 20.10.2022.
19. The applicants have filed rebuttal in the form of rejoinder, in which following is stated :
The Respondent No.1 is carrying out illegal dumping activities without obtaining requisite authorization from the Respondent No.3 in complete violation of the compliance criteria and the procedure laid down in Schedule I and II of the Solid Waste Management Rules, 2016 and in Office Memorandum dated 15.04.2019 issued by the Central Pollution Control Board, wherein "Clarification on Buffer Zone Guidelines" have been contained in respect of Management and Handling of the Municipal Solid Waste for effectively curbing the practice of illegal garbage dumping within the residential area without maintaining the buffer zone within the Page 16 of 20 boundary area of the MSW site at Survey No. 132, Village Chikhloli, Tal, Ambernath, Dist. Thane. In this rejoinder affidavit the same violations have been pointed out which already have been mentioned in the Joint Committee Report reproduced above. Therefore, the same are not being reproduced again. The other facts which have been stated by it in the said rejoinder are also the same which we have already mentioned in the pleadings above.
20. Heard the arguments of learned counsel for the parties and the perused record.
21. The learned counsel for the applicants vehemently argued that the Respondent No.1 is dumping MSW in Survey No.132 Chikhloli, very close to the residential area, of which the applicants are residents, though the Central Pollution Control Board has issued guidelines regarding buffer zone to be set up on 15.04.2019 which says that a distance of 500mtrs from the boundary of the solid waste processing and disposal facility (Sanitary Landfill) should be maintained. However, on the case to case basis, a minimum distance of 200mtrs from the solid waste processing and disposal facility (Sanitary Landfill) can be considered subject to the condition that such facility meets the stipulated standards prescribed by the State Pollution Control Board with respect to the ambient air as well as for stack emission. In the case in hand, the learned counsel for the applicant did admit during argument that there is not enough space on the said Survey number in question to leave the space of 500mtrs or 200 mtrs as per the prescription by the Office Memorandum dated 15.04.2019. Therefore, according to admission of the applicants, we find it is not possible for the Respondent No.1 to leave the buffer zone as per the above prescription from the MSW site being currently used by it for dumping of MSW. During argument it also emerged that the land fill site at Survey No. 132 was initiated long back although there was gap of several years in Page 17 of 20 between due to opposition from the local residents as the same was not allowed to be used for dumping, but again it has been started to be used for dumping of MSW by Respondent No.1, without the authorization from the MPCB, which is obviously illegal. The Respondent No.1 has shown inability in shifting the MSW dumping from Survey No. 132 to the alternative place because the land at Survey No. 188 Walivali Badlapur is under process of the being finalized for being used for setting up solid waste management plant with the approval of the government but that process is said to still take some time. Therefore, the argument of Respondent No.1 is that the dumping at Survey No. 132 Chikhloli is only being done temporary till the alternative site is developed by them, which is a joint MSW dumping site as two other local bodies would be using the said site. We find that the problem which the Respondent No.1 is facing is genuine. It is also candidly acknowledged by the applicant's learned counsel that the buffer zone of prescribed stipulation is also not possible to be carved out because there is not enough space. Therefore, we are of the view that whatever maximum space is possible to be carved out as a buffer zone between the dumping site at Survey No. 132 and the residential buildings, that should be done forthwith by Respondent No.1 and this space shall be used for trees and for developing greenery over it so that ill effects of the solid waste will be reduced for the local residents. The Respondent No.1 shall make best efforts to establish an alternative MSW dumping site by establishing by proper plant for the same which is already said to be in progress at Survey No. 188 Walivali Badlapur. We are constrained to note here that we are bound by the provisions of law that is, Solid Waste Management Rules, 2016 which is being found violated by not establishing proper Solid Waste Management plant. Therefore, the Respondent No.1 will have to make payment of compensation for the period of Page 18 of 20 violation. In this regard, the MPCB has already made calculations which are being disputed, but we do not find any substance in the objections of the Respondent No.1 and therefore, the amount which has been calculated of Environmental Compensation by the Maharashtra Pollution Control Board, has to be paid which is as follows:
I. Final Environment Compensation of Rs. 8.0 Lakh towards non-compliance of Solid Waste Management Rules, 2016 untreated solid waste to the tune of 158 MT/day from 1/04/2020 to 30/11/2020. This computation to be updated till continuation of violation.
II. Final Environment Compensation of Rs. 1.0 Lakh per month from 1/04/2021 till compliance towards the non-compliances of Legacy Waste Management as the respondent has not completed bioremediation work of legacy waste before 07/04/2021 III. Rs. 1.0 Lakh per month for the non- compliance of solid waste management and legacy waste management from December, 2020 onwards till the compliance.
22. The amount calculated on above basis shall be paid by the Respondent No.1 to Respondent No.3 within a period of one month from today failing which coercive steps shall be taken for its recovery. If any amount has already been deposited by the Respondent No.1 with the MPCB, the same shall be adjusted.
The Respondent No.1 has stated in its affidavit that if direction is issued to it to dump MSW at alternative site at Survey No. 188, Walivali Badlapur, it would do so immediately and would permanently close the Survey No. 132, Chikloli and that biomining work of dumped MSW will be carried out at Survey No. 132, at Chikloli. In view of the above, we direct that the Respondent No.1 should immediately stop dumping MSW at Survey No. 132, Chikloli Page 19 of 20 and instead should start dumping the same at the alternative site i.e. Survey No. 188 Walvali Badlapur and should carry out bio- mining work of dumped MSW at Survey No. 132, Chikloli as prayed. If it fails to do so, it is made clear that Respondent No.1 shall continue to make payment of the Environmental Compensation for future violations also at the same rate which has been assessed above by the MPCB. The amount of compensation realized, shall be used for improving Environment in Ambernath.
23. With the above directions, this application along-with connected I.A. No. 100/2022 (WZ) also stand disposed of. No order as to costs.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM December 7, 2022 Original Application No. 66/2022(WZ) with I.A. No. 100/2022(WZ) S.J. Page 20 of 20