National Green Tribunal
Ajay Lal Malik vs State Of Haryana & Ors on 10 September, 2024
Item No. 04 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 33/2024
Ajay Lal Malik Applicant
Versus
State of Haryana & Ors. Respondents
Date of hearing: 10.09.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None appeared
Respondents: Mr. Rahul Khurana, Advocate for Respondents No. 1 to 4.
ORDER
1. ShriAjay Lal Malik, General Secretary, Resident Welfare Association (hereinafter referred to as 'RWA'), Sector 21A (East), Faridabad sent a letter dated 28.07.2023 making a complaint of mis-management of garbage dumped at the bye pass road Sector 21A, Faridabad and this letter was treated as letter petition and registered as Original Application (hereinafter referred to as 'OA') under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as NGT Act, 2010) in exercise of suo-motu jurisdiction in view of the law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. AnkitaSinha, (2022) 13 SCC 401.
2. The complainant has said that the waste aggregator agency operating in Sector 21(A) is not functioning properly in as much as for the 1 last several months there has been a total breakdown in handling of waste processing and instead of offloading the garbage inside the facility the same is being dumped on the bye pass road; the road is totally blocked by heaps and foul smelling garbage where scavengers and animals roam around; the dumped garbage lie in the middle of the road; 40 meters away from main gate of Shanti Niketan Public School; it is creating health hazards to the children studying in the said school; the office Smart City Contractors L&T is next to dumped garbage, but everybody responsible for proper functioning has turned a blind eye to this mess.
3. The complaint was taken note by Tribunal on 20.02.2024 and being prima facie satisfied that a substantial question relating to environment has arisen out of the implementation of Enactments specified in Schedule I to National Green Tribunal Act, 2010, Tribunal proceeded further by constituting a joint Committee comprising representatives of Haryana State Pollution Control Board; Commissioner, Municipal Corporation, Faridabad and District Magistrate, Faridabad. The Committee was directed to submit factual report within one month.
4. Pursuant to the above order, Joint Committee submitted report dated 05.04.2024 by making the site inspection on 02.04.2024. Joint Committee found that municipal solid waste was dumped inside the boundary of transfer station, Sector 21, Faridabad; no municipal solid waste was found outside the transfer station; and regular staff was deployed for cleaning work in the surrounding area which was partially completed. Municipal Corporation Faridabad was required to take following job:-
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" Sr Issue flagged Decision/Way forward Ownership Action Taken No during the finalized by joint site visit committee
1. Issue of stray As decided by the joint Sh. Anant M/s Eco Green cattle within committee, M/s Ecogreen Suthoo, Project has not pay heed to and outside was directed to undertake Head, M/s the repair work Sec 21A repairingof the boundary Ecogreen for front boundary wall transfer station walland gate at the site so and installation of due to lack of that stray cattle do not enter proper gate way to the proper fencing & the transferstationand other transfer station.
gate unauthorizedwastepickers/c Now MCF is getting the
ollectors work started on its own
arerestrainedfromdump Levelthroughspecialsan
waste at the site. Further, it ctionand the work will
was decided that if Ecogreen be got completed
does not undertake there Within 10 days and
pair works within 7 days, information willbe sent
EE(SBM),MCF shall initiate to M/s Eco Green.
the said repair works at risk Thattheexpenditure of
and cost of M/s Ecogreen to this work willbe
avert the situation of done at their risk and
public health hazard cost.
2. Deterioration of As decided by the joint Sh. Anant The green belt
surrounding committee, M/s Ecogreen Suthoo, Project will be developed
environment was directed for development Head, M/s af ter construction of
duetodumping of greenbelt outside the said Ecogreen. boundary
ofwaste outside transfer station so that the wallasmentioned in
theTransferstation deterioration of surrounding point no.1 above.
on sites/areascanbe avoided.
roadsides.
4. Lack of proper As decided by the joint EE-II Thesitewasinspected
street committee, EE, Division was by the Division
lightening asked to ensure that the Executive Engineer &
streetlights are installed and Junior Engineer,
made functional at the said Electrical after which it
location at the earliest was found that the
street lights in front
ofthe transfer station
comes under the
preview of the HSVP
Deptt. In thiscontext, a
letter dated 5.03.2024
was written to HSVP to
replace themalfunction
street lightsA copy of
letter isannexed as
Annexure R/3.
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6. Water pipes As decided by the joint JC (NIT) These pipes are
were found on the committee, JC (NIT) kept for NHAI
roadsides was asked to ensure crossing (Mathura
that the owner of pipes Road) by AMRUT
be asked to lift the pipes Branch.NOC from
at the earliest, other wise the NHAI has been applied
same may be confiscated and followed up and is
and fine imposed on owner. expectedto be received
in next week. It is also
submitted that these
pipes are kept at the
road side and not
affected any right of
way at all.
"
5. From the record it appears that earlier an inspection was made on 12.03.2024 and certain violation were noted.Directions were issued in the Joint Committee meeting held on 15.03.2024 and these have been stated in detail in Annexure R2 of the Joint Committee Report at page 19 of the paper book, as under:-
"During the meeting the following issues were discussed and corresponding corrective measures required to be taken were finalised as provided below:
Sr. Issues flagged during Decision/ Way forward Ownership
No. site visit finalised by Joint
1 Issue of stray cattle As decided by the joint Sh. Anant
.Committee
within and outside Sec committee, M/s Ecogreen was Suthoo, 21A transfer station directed to undertake repairing Project due to lack of proper of the boundary wall and gate at Head, fencing & gate the site so that stray cattle do M/s not enter the transfer station and Ecogreen other unauthorized waste pickers/collectorsare restrained from dump waste at the site.
Further, it was decided that if Ecogreen does not undertake the repair works within 7 days, EE(SBM), MCF shall initiate the said repair works at risk and cost of M/s Ecogreen to avert the situation of public health hazard.4
2. Deterioration of As decided by the joint committee, Sh. surrounding M/s Ecogreen was directed for AnantSut environment due to development of greenbelt outside hoo, dumping of waste the said transfer station so that Project outside the Transfer the deterioration of surrounding Head, station on roadsides. sites/areas can be avoided. M/s Ecogreen
3. Lack of regular staff at As decided by the joint MOH Transfer station committee, MOFI was asked to immediately depute staff at all transfer stations to keep a record of vehicles entering/leaving the transfer station. The said staff will also report if any issue of over accumulation of waste/mismanagement of TS by Ecogreen arises.
4. Lack of proper street As decided by the joint BB-II lighting. committee, EV, Div-II was asked to ensure that the street lights are installed and made functional at the said location at the earliest.
5. During the visit, As decided by the joint RO HSPCB it was observed that committee, AEE,11SPC13, Faridabad waste such as cloth Faridabad was instructed to pieces, leather, etc. was inspect whether any industrial also found on the site waste is being dumped at the which should ideally be site by nearby industrial units, if not mixed with MSW any. Also, penalise the industrial units if they are found to be violating SWM Rules or other norms.
Further, MOFI was asked to issue notice lo all vendors of Ecogreen to ensure that no waste other than segregated MSW (like plastic waste, industrial waste, etc.) is brought to the transfer station; else penalty must be imposed on vendors for not complying with SWM Rules, 2016.
6. Water pipes were As decided by the joint JC (NIT) found on the committee, JC (NIT) was asked to Roadsides. ensure that the owner of pipes be asked to lift the pipes at the earliest, otherwise the same may be confiscated and fine be imposed on the owner.
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7 Sweeping of road. As decided by the joint MOH
committee, MOFI was
Asked to monitor & ensure daily "
sweeping/cleaning of roads in
the nearby areas sothat proper
sanitation can be
maintainedinthe area.
6. The Respondent No. 2-Haryana State Pollution Control Board (hereinafter referred to as 'HSPCB') has also submitted its response which is virtually a repetition of the joint Committee report.
7. Respondent No.3-Municipal Corporation Faridabad has also submitted its response dated 09.09.2024 wherein steps taken in respect of the issues highlighted in the joint Committee Report have been described as under:-
" Sr. Issues Flagged during Decision/ Action Taken by MCF No. site visit Way Forward finalized by Joint Committee 1 Issue of stray cattle As decided by the Joint In this matter, it is stated within and outside Sec Committee, M/s that now, MCF has to 21A transfer station due Ecogreen was directed to maintain these premises at to lack of proper fencing undertake repairing of our own level. The Scope of & gate. the boundary wall and work was under the gate at the site so that jurisdiction of M/s Ecogreen- stray cattle do not enter the Concessionaire for ISMW the transfer station and Project of Faridabad-GGN other unauthorized Cluster. However, due to non- waste pickers/collectors performance by the are restrained from concessionaire, the gate and dump waste at the site. Boundary wall were repaired Further, it was decided and were shown to Hon'ble that if Ecogreen does not Tribunal during hearing undertake the repair dated 09.04.2024 through works within 7 days, video conference during EE(SBM), MCF shall hearing.
initiate the said works at Now, this wall has risk and cost of M/s accidentally broken again. Ecogreen to avert the MCF has prepared the situation of Public Health estimate. The work will be Hazard. allotted after inviting the tenders and the same will be completed by 31.12.2024.
The agreement with M/s
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Ecogreen has already been
terminated by the
Government.
2 Deterioration of As decided by the Joint Waste is being lifted
surrounding Committee, M/s regularly.
environment due to Ecogreen was directed Green belt outside the
dumping of waste for development of Transfer Station is being
outside the transfer greenbelt outside the maintained by MCF.
station on roadsides. said transfer station so Photographs of the same are
that the deterioration of attached at Annexure-1. surrounding sites/areas can be avoided.
3 Lack of regular staff at As decided by the Joint The Sufficient staff has been Transfer Station. Committee, MOH was deputed at the site and are asked to immediately maintaining the site depute staff at all properly. The Medical Officer transfer stations to keep of Health is monitoring the a record of vehicles situation regularly.
entering/leaving the transfer station. The said staff will also report if any issue of over accumulation of waste/mismanagement of TS by Ecogreen arises.
4 Lack of Proper Street As decided by the Joint The Street Lightning are Lightning. Committee, EE Div.-II maintained and are in was asked to ensure that working condition.
the streetlights are
installed and made
functional at the said
location at the earliest.
5 During the visit, it was As decided by the Joint The Industrial Waste is not
observed that waste such Committee, AEE HSPCB, being dumped at this
as cloth pieces, leather Faridabad was transfer station. As stated in
etc. was also found on instructed to inspect Point No. 1 the concession
the site which should whether any industrial agreement has been
ideally be not mixed with waste is being dumped at terminated. Now, MCF is
MSW. the site by nearby getting this work at its own
industrial units, if any. level.
Also, penalize the
industrial units if they
are found to be violating
SWM Rules or other
norms.
Further, MOH was asked
to issue notice to all
vendors of Ecogreen to
ensure that no waste
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other than Segregated
MSW(like Plastic Waste,
Industrial Waste etc.) is
brought to the transfer
station else penalty must
be imposed on vendors
for not complying with
SWM Rules, 2016.
6 Water Pipes were found As decided by the Joint A Sewerage Project is in
on the roadsides. Committee, JC(NIT) was progress under AMRUT
asked to ensure that the scheme. The Pipes are being
owner of pipes be asked utilized in the project the
to lift the pipes at the work was held up due to
earliest, otherwise the rains. However, the pipes are
same may be confiscated not obstructing the
and fine be imposed on movement of vehicles.
the owner.
7 Sweeping of Road As decided by the Joint The Sweeping of road is
Committee, MOH was being done regularly and
asked to monitor & being monitored by Medical
ensuredaily Officer of Health.
sweeping/cleaning of "
roads in the nearby areas
so that proper sanitation
can be maintained in the
area.
8. From the above facts, it is evident that the boundary wall is admittedly broken and the steps for repair thereof have been taken by Municipal Corporation Faridabad. It is stated that by 31.12.2024 it shall be completed. In respect of other aspects, it is said that the remedial steps have already been taken and now there is no violation.
9. Shri Rahul Khurana, learned Counsel appearing for Respondent3 stated on instructions that Respondent No. 3 shall adhere to and comply with the timeline for construction of boundary wall very strictly in letter and spirit.
10. In view thereof, we dispose of this Original Application by directing Municipal Corporation, Faridabad to ensure compliance of the provision 8 of Solid Waste Management Rules, 2016 in all aspects and also to complete boundary wall as per the timelines given i.e. 31.12.2024 and ensure that no garbage dumping is taken place outside the transfer station and on the road.
11. A compliance report shall be submitted by 15.01.2024 with the Registrar General of this Tribunal by Respondent No. 3.
12. Respondent No. 2 shall also verify compliance on the part of Respondent No. 3 and submit a compliance report by 15.01.2024.
13. If any further order is required, Registrar General shall place the matter before the Bench concerned.
14. With the above directions/observations, this Original Application stands disposed of.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM September 10, 2024 O.A. No. 33/2024 A 9