National Green Tribunal
Kudrat Sandhu vs Government Of Nct Health And Family ... on 2 December, 2016
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 281 of 2016
(M.A. NO. 1007/2016)
And
Original Application No. 22(THC) of 2013
(M.A. No. 19 of 2014)
IN THE MATTER OF :-
Kudrat Sandhu Vs. Govt. of NCT & Ors.
And
Sukhdev Vihar Residents Welfare Association & Ors.
Vs.
State of NCT of Delhi & Ors.
CORAM : HON'BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
HON'BLE MR. JUSTICE U.D.SALVI, JUDICIAL MEMBER
HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER
HON'BLE DR. AJAY A DESHPANDE, EXPERT MEMBER
Present: Applicant: Mr. Pawan K. Bahl and Mr. S.N Mehrotra,
Advs.
Mr. Arun Monga & Mr. Suryajyoti Singh
Paul, Advs.
Respondent No. 2: Mr. Balendu Shekhar & Mr. Vivek Jaiswal,
Advs. for EDMC
Respondent No. 3: Ms. Sakshi Popli, Mr. Anurag Kumar Advs.
for NDMC
Respondent No. 4: Mr. Raman Yadav, Mr. Dlasher Singh Advs.
for GDA
Respondent No. 7: Mr. Raj Kumar, Adv. and Mr. Bhupender
Kr., LA, Central Pollution Control Board
Respondent No. 7 : Mr. Rajiv Bansal, Mr. Kush Sharma, and Mr.
Anirudh Chadha and Mr. Anurag Tripathi,
Advs. for Delhi Development Authority
Respondent No. 8: Ms. Krishna Kumar Singh, Adv. for MoEF
Ms. Puja Kalra, Adv. for North & South
MCD
Mr. Biraja Mahapatra, Adv. with Dinesh
Jindal, LO, Delhi Pollution Control
Committee
Ms. Alpana Poddar, Adv. With Mr.
Bhupneder Kr. LA, Central Pollution
Control Board
Mr. Raj Shekhar Rao and Mr. NIshant
Kumar and Ms. Shikha Ohri, Advs. for
DMSWSL
Mr. Tarunvir Singh Khehar and Ms. Guneet
Khehar, Advs. for GNCTD
Ms. Deep Shikha Bharati, Adv. for Ministry
of Environment, Forest and Climate
Change
Ms. Sakshi Popli, Adv. for NDMC
Mr. Krishna Kumar Singh, Adv. for MOEF
Mr. Tarunvir Singh Khehar and Ms. Guneet
Khehar, Advs.
Mr. Balendu Shekhar, Mr. Vivek Jaiswal,
Advs. for East Delhi Municipal Corporation
Mr. Matrugupta Mishra, ADO, Mr. Nishant
Kumar, Mr. Piyush Singh and Mr.
Rajshekhar Rao, Adv. for DMSWSL
Mr. Biraja Mahapatra, Adv. and Mr. Dinesh
Jindal, LO
1
Dr. Abhishek Attrey, Adv. for Ministry of
Environment, Forest and Climate Change
Mr. Manoj K. Singh, Adv. along with Ms.
Nilava Bandyopadhyay, Advs.
Date and Orders of the Tribunal
Remarks
Item No.
28 & 27 Original Application No. 281 of 2016
December M.A. No. 1007 of 2016
02, 2016
Dimensions of Article 21 of the Constitution of India
were expanded by the Hon'ble Supreme Court of India so
as to include right to decent and clean environment as a
Fundamental Right squarely falling within the ambit and
scope of Right to Life enshrined in Article 21 of the
Constitution of India. This obviously enables the citizens
to enjoy such a right without restrictions and necessarily
imposes an obligation upon the State and its
instrumentalities to provide decent and clean environment
to every citizen of India. It cannot and in fact is not
disputed before us that all the Corporations and the
Public Authorities including the development Authorities
are responsible for ensuring not only that the decent and
clean environment is provided but also it so remains
consistently at all times.
The municipal solid waste is one of the most serious
pollutants in our country particularly in NCT of Delhi and
its surrounding areas. The Authorities are under
statutory and public law obligation to ensure that the
waste is collected, transported and disposed of in
accordance with Solid Waste Management Rules, 2016
and does not cause public health hazards, damage or
degradation of the environment of NCT of Delhi.
The first and foremost factor that requires to be
noticed by the Tribunal is how much municipal solid
2
waste is generated in NCT of Delhi. It is more than
Item No.
28 & 27 unfortunate that none of the Authorities, Corporations,
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Boards and the State Government appearing before the
02, 2016
Tribunal is able to provide correct figures thereof with
some exactitude. Every Authority shifts the blame to
other and submits that figures/statistics quoted are based
upon the data provided by other Authorities, while
according to the other Authorities the same are captured
from certain studies or surveys carried out by different
Agencies, not part of regular administration or governance
of NCT of Delhi. The Learned counsel appearing for the
Corporations fairly conceded before us that none of the
Corporations or any other local Authority vested with the
powers and duties for dealing with the municipal solid
waste has ever conducted any survey directly or through
an agency under their control so as to ascertain how
much municipal solid waste is generated and how it is
disposed of in accordance with Rules of either 2016 or
even that of 2000, or how it is being ensured that the huge
quantity of solid municipal waste generated in Delhi does
not cause any health and environmental hazards in NCT
of Delhi.
However, certain statistical data which have been
accepted by the respective Corporations - East, North,
South Municipal Corporations, NDMC and Delhi
Cantonment Board as a joint statistical data of generation
of municipal solid waste have been filed before the
Tribunal. According to this document, 14100 metric tons
of solid waste is generated in Delhi every day. It contains
approximately 9600 metric tons of Municipal Solid Waste
3
which also has an element of inert material or even C&D
Item No.
28 & 27 waste. According to the Corporations the inert and C&D
December
waste in this waste is 15%, however, according to the
02, 2016
companies who are running waste to energy plant, inert
and C&D waste municipal solid waste received for
disposal is 20% to 25% at all the three plants of Ghazipur,
Narela and Okhla.
Another constituent of this municipal solid waste is
silt from various drains which is approximately 600 metric
tons per day. Beside this municipal solid waste, there is
bottom and fly ash generated by the three waste to energy
plants.
There are three wastes to energy plants in NCT of
Delhi. These are at Okhla, Ghazipur and Narela. The
waste to energy plant at Okhla has a capacity of 1950
metric tons of municipal solid waste per day. This plant is
stated to have obtained Environmental Clearance as well
as consent to operate from the Authority/ Board. Certain
issues with regard to functioning and operationalisation of
this plant have been raised before this Tribunal in Original
Application 22/2013 in the matter of Sukhdev Vihar
Residents Welfare Association & Ors. vs. State of NCT of
Delhi & Ors. According to the residents this plant is
causing serious environmental hazards and polluting the
air quality and release of fly ash from this plant is
resulting in pollution of the air as well as spreading of
particulate matters in their houses which has made their
living difficult and unhealthy. This matter is being argued
currently before the Tribunal and is part-heard.
According to the Project Proponent and some of the
4
reports submitted by the Board, emissions from this plant
Item No.
28 & 27 are within the prescribed parameters. It is not necessary
December
for us to dwell upon these rival contentions at this stage
02, 2016
and we would deal with all the contentions raised by the
respective parties in Original Application 22/2013
independently as it is a part-heard matter before the
Tribunal. Suffice it to note that this plant has the
capacity of processing the municipal solid waste to the
extent of 1950 metric tons out total 14100 metric tons per
day, of waste generated in the city.
However, Learned counsel appearing for the Project
Proponent (Okhla Plant) submits that they have capacity
of processing 3000 metric tons of municipal solid waste
and they are in a position to handle and process the
increased capacity at this stage itself. In fact the South
Municipal Corporation of Delhi has also requested to them
to take additional load of 1000 metric tons per day and
have asked the Project Proponent to apply to DPCC for
consent to operate for enhanced capacity.
Okhla waste to energy is constructed on 15 Acres of
land located in Okhla near STP plant. The entire land of
the project is used for waste processing. However,
segregated C&D, inert waste and bottom and fly ash are
taken to Okhla dumping site which is located nearly 7 Km
away from the plant. Within the land of the plant, it has
established a brick manufacturing plant where bricks are
manufactured from fly ash alone. They are already in
process of constructing automatic waste segregation plant
which is likely to become operative by February, 2017.
Second plant is at Ghazipur which is being run on
5
under trial basis. It has capacity of 2000 metric tons per
Item No. day. The consent to operate granted by the DPCC to this
28 & 27
plant presently has put a cap on its capacity at 1300
December
02, 2016
metric tons per day. But this plant is receiving only 800
metric tons per day. Learned counsel appearing for the
Project Proponent submits that infact they are receiving
1000 metric tons of mixed municipal solid waste and after
subtracting and extracting of 20% of C&D and inert waste,
they actually process 800 metric tons of municipal solid
waste. After processing the waste, remnants i.e. bottom
and fly ash is collected by this Project Proponent and
dumped at Ghazipur dumping site. As far as 200 metric
tons of C&D and inert waste is concerned, the Project
Proponent is sending the same at the Ghazipur dumping
site. According to the Project Proponent, it has capacity of
process 2000 metric tons of municipal solid waste and
they are prepared to accept the same quantum of
municipal solid waste as they are presently under trial
and have restricted consent to operate the plant upto
1300 metric tons per day of waste. The Project Proponent
proposed to apply to the Board for increase in capacity
utilization upto 2000 metric tons per day. Beside this, a
sister concern of this Project Proponent is operating C&D
processing plant at Shastri Park which is just near to the
site of this waste to energy plant and if the concerned
Authorities grant consent to operate to the said plant, it
has capacity of processing 500 metric tons of C&D waste.
Then, not only, that there will be no occasion for the
Project Proponent to dump the C&D and inert waste at
Ghazipur dumping site, even the inert and C&D waste
6
from other places can also be processed at the Shastri
Item No. Park plant. The Project Proponent has submitted a
28 & 27
comparative emission parameters statement from its plant
December
02, 2016
to show that not only it is complying with the prescribed
standards under consent to operate order, even it is Euro
norms compliant. The table showing the comparative
parameters are reproduced as under:-
Compound Unit Test Euro DPCC
Name Value Norms Norms
Particulate Mg3/Nm 6 10 30
matter (PM)
Nitrogen Mg3/Nm 57 200 350
Dioxide (as
NO2)
Sulphur Mg3/Nm 0.0 50 100
Dioxide (as
SO2)
Carbon Mg3/Nm 31 50 100
Monoxide (as
CO)
Hydrogen Mg3/Nm 11.8 10 50
Chloride
(HCL)
Lead (pb) Mg3/Nm 0.38 0.5 0.1
Total Mg3/Nm 0.009 0.05 0.02
Mercury (Hg)
Total Dioxin ngTEQ/Nm3 0.015 0.1 0.1
& Furans
OCDD &
PCDD
The submissions on behalf of the Project Proponent
is that their capacity for processing the municipal solid
waste should be increased to 2000 metric tons and C&D
processing plant at Shastri Park should be made operative
immediately. This plant is located in 5.65 acres of land
and does not have its own dumping site for dumping and
its of waste rejects and fly and bottom ash are dumped at
Ghazipur dump site.
Lastly, we shall proceed to deal with waste to energy
plant at Narela Bawana industrial area. This plant is
7
located in 100 Acres of land with its own sanitary land fill
site admeasuring 28.5 acres. This plant has capacity of
Item No.
28 & 27
processing 2000 metric tons of waste per day. The plant
December
02, 2016 is actually receiving 2000 metric tons of municipal solid
waste out of which nearly 280 metric tons is found to be
inert inclusive of C&D which is segregated at the
threshold. The project has its own automatic waste
segregation plant. This project comprises of composting,
RDF and then the waste to energy process. However, this
plant does not have its own plant to manufacture bricks
from fly ash or bottom ash.
This plant is also being run under trial and has
obtained Environmental Clearance as well as consent to
operate from MOEF and DPCC respectively. The Delhi
Electricity Regulatory Commission has fixed the tariff rate
for sale of power of this plant at Rs. 7.03 per Unit. As per
the agreement between the Corporation and Project
Proponent, they had agreed to share revenue to the extent
of 3% payable 8 years from the data of commission/start
of power generation starts. Project does not transport or
send any of its waste or fly ash / bottom ash outside its
plant. The entire inert waste is dumped within its owns
premises and is appropriately stored. The Project
Proponent does not have its own brick manufacturing
plant.
Learned counsel appearing for the Corporations
submits that the Corporations are supporting the
operatonalisation of these plants and would ensure that
the requisite quantity of municipal solid waste is sent to
these plants, as per their agreements with the
8
Corporations. They also pointed out that Lieutenant
Item No. Governor of Delhi had taken a meeting and directed that
28 & 27
enhanced capacity of the plant at Ghazipur should
December
02, 2016
become operative at the earliest and 2000 metric tons of
waste should be provided to the said plant and its process
capacity should accordingly be increased.
It is also pointed out that an Agreement has been
arrived at between the National Highway Authority of
India, Road Transport & Highways Ministry and the
Corporation under which the existing waste would be
segregated, collected and utilized by NHAI for
construction, expansion of road or any other project for
embankment and bituminization of NH -24 and other
projects.
Okhla plant has been subjected to various
inspections by DPCC and CPCB, besides the Inspection
conducted by the Joint Inspection Team constituted by
the Tribunal. Initially, deficiencies were pointed out in the
plant in relation to emissions. However, the last four
reports have reflected that the project is being operated
properly and its emissions are as per the prescribed
standards. However, certain deficiencies with regard to
segregation of the waste have been pointed out.
The Plants at Narela and Ghazipur have been
granted consent to operate after they were subjected to
proper inspection in accordance with law by DPCC and
the team responsible for issuance of Environmental
Clearance. Even during the pendency of these
Applications, the joint inspection team constituted by the
Tribunal was directed to inspect these plants and report to
9
the Tribunal if they were in operation and their work had
Item No.
28 & 27 been concluded. The Joint Inspection Team reported that
December
their construction work and other processes were
02, 2016
completed in all respects, including anti-pollution devices.
Therefore, both these plants were permitted to run on trial
basis by the respective corporations and DPCC. Till date,
they are operating on trial and no complaint has been filed
either by authorities including the Board or any other
individual for that matter. It may be noticed that the joint
inspection team was constituted under the order of the
Tribunal consisting of Secretary of Environment, NCT
Delhi, Secretary of Power, Member Secretary of CPCB,
Member Secretary of DPCC, Sr. Scientist from MoEF, Sr.
Officer from the Irrigation Dept. of State of U.P. and Chief
Engineer of the Corporation. The Report of this High
Powered Joint Inspection Team has been placed on record.
As already noticed in this Judgment, we are primarily
dealing with the plant at Ghazipur and Narela and would
be dealing with Okhla plant separately in O.A. No. 22 of
2013.
Before we proceed to discuss the merit of the case,
we must dwell upon one of the important aspect of this
case relating to fly ash. As noticed above, all the three
waste to power energy plant operating in Delhi generate
ash as under:
Okhla plant generates 50 metric tons of fly ash
and 150 metric tons of bottom ash, total is 200
metric tons.
Narela plant generates 30 metric tons of fly ash
and 70 metric tons of bottom ash, total is 100
10
metric tons.
Item No. Ghazipur generates 20 metric tons of fly ash and
28 & 27
50 metric tons of bottom ash, total is 70 metric
December
02, 2016
tons.
Nearly 1000 metric tons of fly or bottom ash is
generated at Badarpur Thermal Power Plant which is
presently lying closed. In other words, besides, handling
14,100 metric tons of Municipal Solid Waste every day,
Delhi is required to handle 1, 370 metric tons fly ash and/
or bottom ash. Needless to notice that mere dumping of
this quantity of ash would be most improper as fly ash
with the wind would become part of air pollutants in Delhi
and would obviously deteriorate the ambient air quality
causing environmental and health hazards.
The MoEF had on 14th September, 1999 issued a
notification under Rule 3 of sub-Rule 3 and Rule 5 of the
Environmental Protection Rules, 1986 read with sub
Section 1 and Clause 5 of sub-Section 2 or sub-Section 3
and Section 5 of the Environmental Protection Act, 1986.
It was to provide compulsive utilisation of fly ash for
manufacture of cement, bricks, blocks, tiles etc. as well as
restriction on manufacture of clay bricks in terms of this
Notification. Fly ash would include bottom ash. In terms of
this Notification, the fly ash means and includes all
categories or groups of coal or lignite ash generated at
Thermal Plant collected by ESP and other specified means.
The Notification of 14th September, 1999 has been
subjected to various amendments and the last being on
25th January, 2016. Notification stated that no person
shall, within the radius of 100km from coal or lignite
11
based thermal power plant, manufacture clay bricks or
Item No. tiles or blocks for use in construction activity without
28 & 27
mixing atleast 25% of ash (Fly ash, bottom ash, pond ash)
December
02, 2016
with soil on weight to weight basis. The Notification also
specified the minimum percentage of fly ash by weight
that was required to be used in a particular building
material or products. The radius and the percentage kept
on varying with each Notification, to increase the radius
area as well as percentage. In terms of the last
Notification, the radius of 100 kms stands substituted by
radius area of 300km. The purpose and object of the
Notification was primarily to restrict, effect and encourage
prohibition for use of absolute clay bricks and encourage
use of more and more fly ash, bottom ash and pond ash in
manufacture of bricks, blocks, titles and allied
construction materials. The Notification issued by Central
Govt. was adopted by Government of Delhi. In fact, PWD,
NCT Delhi issued a circular that in construction of all
govt. buildings the bricks manufacture with fly ash in
terms of the Notification should be used and clay bricks
should not be used in such construction activity. Despite
such legislative directions and executive orders,
manufacture and use of bricks containing fly ash to the
prescribed extent remained hardly implemented.
Enforcement of this Notification is both in the interest of
Environment and Public Health. It was expected from all
the concerned authorities to enforce this condition without
default. Needless to notice that both, Centre and the State
Govt., are vested with punitive powers in the event of non-
compliance to the directions issued under Section 3
12
and/or 5 of the Environmental Protection Act, 1986.
Item No. The Applicant Ms. Kudrat Sandhu has raised a
28 & 27
specific issue with regard to mismanagement of municipal
December
02, 2016
solid waste in Delhi as well as with regard to terrible
conditions that are prevailing in relation to landfill sites.
According to her, there is acute shortage of landfill sites in
Delhi to the extent that the existing landfills sites at
Bhalasava is 45m high, in violation to the norms of 30m
as prescribed in the Municipal Solid Waste Manual. At
this site the mixed Municipal Solid Waste is being dumped
indiscriminately and in violation to the Municipal Solid
Waste Rules, 2000 as substituted by Solid Waste
Management Rules, 2016. Besides generating foul odour
these sites are consistently source of air pollution. The
sites are always at fire due to both intentional and
unintentional reasons. The dumped waste generates
methane which can cause fire Corporation or its agency
responsible for dumping waste may also be responsible for
the fire. In different cases, various photographs have been
placed to show that Municipal Solid Waste is being
consistently burned at different sites as well as in the
colonies. The continuous burning of the waste including
plastic either at the landfill site or at different locations
emits gases which are injurious to human health and in
fact, are carcinogenic. The situation at other landfill sites
of Okhla and Ghazipur are no different and no useful
purpose would be served by repeating the same sad state
of affairs. Suffice it to note that all three landfill sites are
source of serious pollution and cause continuous threat to
environment and health. We are in agreement with the
13
contentions of the Applicant that these sites are not being
Item No. maintained in conformity with either the Rules of 2000 or
28 & 27
2016. Infact, the waste is being dumped in violation of the
December
02, 2016
prescribed rules and they are not segregated at all. Most
of the waste, even if segregated at source, is brought to
community dhalaos where it gets mixed, defeating the very
purpose of segregation at source. Further, the waste is
again transported in an unsegregated form to the dump
sites or to the waste processing plants in complete
contravention of Rules of 2000 or Rules of 2016. Also,
there is no proper covering of clay and to say the least,
there is no spray of disinfectants as required under the
Rules. To add to these, Learned counsel appearing for the
DPCC submits that all these sites are operating without
any authorization. The DPCC had imposed fine upon the
Corporations which has not been paid by them. In light of
the scenario afore-stated, one fact becomes evident and
cannot be disputed that all Authorities, Boards and
Corporations have miserably failed to save the city from
environmental and health hazards resulting from massive
generation of municipal solid waste that is nearly 14000
metric tons per day which includes the fly ash and bottom
ash generated by the three plants. All these Corporations
and public Authorities are obliged to ensure proper
collection, segregation, transportation, processing and
final disposal of municipal solid waste. At each stage,
there is clear violation and non- performance. Regulatory
and supervisory Authorities like CPCB, DPCC and other
higher Authorities have not been able to perform the
functions as contemplated under law to prevent and
14
control the menace of pollution arising from municipal
Item No.
28 & 27 solid waste. The scene of scattered municipal solid waste
December
all over Delhi is a fact which cannot and infact has not
02, 2016
been denied by the Learned counsel appearing before us.
There has to be implementation of law and
directions of the Tribunal at micro and macro level. The
helplessness on the part of the State including financial
limitation, is no excuse for enforcement of environmental
rights and particularly rights falling under Article 21 of
the Constitution of India. The Corporations, Development
Authorities, Cantonment Board and all such Authorities
as well as supervisory Authorities must rise to the
occasion and perform. They have to demonstrate, the NCT
of Delhi, the Capital of our country can be a city free of
pollution arising from municipal solid waste and we are
quite hopeful that it is a achievable goal. The Authorities
must change their approach and set the priorities for
considering the urgency in view of public health. The
Authorities must take all concerns steps and as would be
evident with the directions that we propose to pass, it is
achievable with large benefits for the environment and
public health, the greatest concern for the resident of
Delhi as of now. There is no other crises as equivalent to
the air pollution and other pollution in Delhi and we must
provide due remedies for the same. At the cost of
repetition, we may notice that even if all the three waste to
energy plants operate to their optimum capacity, in terms
of consent and Environmental Clearance granted to them,
still out of which 9600 metric tons of municipal solid
waste per day, the city would be left with 4900 metric tons
15
municipal solid waste per day besides 600 metric tons silt
Item No.
28 & 27 from drains and road sweeping and 3900 C&D and inert
December
waste.
02, 2016
There is no clear map ready to deal with the huge
quantity of waste which remains with the Corporation
after providing waste to these three plants, as per their
capacity. Besides this, another factor which has not been
taken note of is that, there is some quantity of waste, in
addition to the municipal solid waste and all other waste
which is not collected by the Corporation or other
agencies. According to the Applicant still there is more
waste which is apparent at various locations, thus adding
the deposition to waste collected from different places of
Delhi. The percentage of uncollected waste has not been
estimated by the Ministry of Environment, Forest and
Climate Change, DPCC, CPCB and Corporation.
According to the Learned counsel appearing for the
Corporation, it is approximately 5%, while the Learned
counsel appearing for the Ministry of Environment, Forest
and Climate Change puts the figures at 10%. The Learned
counsel appearing for the Ministry of Environment, Forest
and Climate Change state that based on the information
given by Central Pollution Control Board, uncollected
waste is nearly 10%. We do not think it necessary for the
Tribunal to get into the controversy regarding the
computation of waste generated. The fact of the matter is
that the waste of all kind generated would be in the range
of 16500 to 17000 MT/day approximately.
In our considered view the following directions are
required to be issued in the interest of environment and
16
public health:-
Item No. 1. We direct all authorities concerned to ensure that
28 & 27
the waste to energy plant at Narela and Ghazipur
December
02, 2016
operate to their optimum capacity in accordance
with law, in terms of the conditions of consent to
operate order granted and the environmental
clearances.
2. All the Local Authorities and the Development
Authorities shall ensure that segregated municipal
solid waste is supplied to the waste to energy plants
in Delhi in accordance with terms and conditions of
their Agreement.
3. The plant at Ghazipur is presently receiving only
1000 MT of mixed municipal solid waste out of
which 200 metric tons is excluded as inert and
Construction and Demolition debris (in short 'C&D')
waste thus, leaving 800 MT of mixed waste to be
processed in the plant for generation of energy. This
plant is capable of manufacturing Refuse Derived
Fuels (in short 'RDF') and then use the same for
marketing purposes or entirely and partly for
generation of energy within the plant. We direct
East Delhi Municipal Corporation to supply
immediately, at least 1500 MT, of municipal solid
waste, out of which upon exclusion of segregated
inert and C&D waste, at least 1300 MT of waste
should be available to the plant for the purpose of
manufacturing of RDF and generation of energy.
The plant in terms of consent to operate can process
17
1300 MT of municipal solid waste while it has a
Item No. capacity of 2000 MT of waste.
28 & 27
December
4. We grant liberty to the plant owner to approach
02, 2016
Delhi Pollution Control Committee for operating
with increased capacity of 2000 MT. If such an
application is filed, the Delhi Pollution Control
Committee shall dispose it with utmost
expeditiousness, in any case, not later than two
months from the date of filing of such application, in
accordance with law.
5. The C&D waste plant at Shastri Park is ready to
operate, in all respect. We direct the Project
Proponent to approach all the concerned Authorities
and complete all the requirements of law including
consent to operate and Environmental Clearance, if
required. All the authorities concerned including
Delhi Pollution Control Committee and NCT, Delhi
shall fully cooperate and ensure that this plant
becomes operative at the earliest, in any case, not
later than six weeks from today.
6. We make it clear that we are not issuing directions
to any Authority to grant consent/permission if the
plant is not entitled to perform in accordance with
law.
7. The plant at Narela is a kind of self-contained plant
as it has its own landfill site adjacent to its premises
to dump inert waste. It is the exclusive
responsibility of the Project Proponent. It has a
18
capacity of 2000 MT/day processing of municipal
Item No. solid waste and it is presently receiving 2000 MT of
28 & 27
municipal solid waste. Out of this, as already
December
02, 2016
noticed, the plant is getting about 20% of inert and
C&D waste which leaves the plant with
approximately 1600 MT of municipal solid waste.
Thus, we direct the Corporation to permit the
Project Proponent to collect waste to the extent of
2400 MT/day so that it can operate to its optimum
capacity after segregating inert and C&D waste. The
Corporation and the Project Proponent is ad idem
that the Delhi Electricity Regulatory Commission
has fixed tariff of power charges @ 7.43% per unit.
Furthermore, revenue sharing shall be effective
between the parties @ 3% but from the date they
commission generation of power. This, however, is
an interim direction without prejudice to the rights
and contention of the parties. Under the agreement
between the parties dated 17th July, 2009, clause
12.2 is the arbitration clause for resolving dispute
between the parties. The Project Proponent or the
Corporation, as the case may be, are at liberty to
invoke arbitration proceedings in accordance with
the agreement and the rate and date both for
revenue sharing would be fixed by the arbitrator
and the parties would be entitled to proceed with
reference to the interim directions issued by the
Tribunal above.
8. The Project Proponent shall start revenue sharing
with the Corporation from the date on which plant
19
is commissioned i.e. energy is generated and sold
Item No. but it will be subject to final award of the
28 & 27
arbitration. The Delhi Electricity Regulatory
December
02, 2016
Commission shall deal with the matters of approval
of power purchase agreement with utmost
expeditiousness, with respect to generation of power
and its sale.
9. We expect both these plants to operate to their
optimum capacity without causing any pollution
either in their process or through their emissions.
They shall operate strictly as per the prescribed
norms in relation to ambient air quality, stack
emissions provided under the Air Act and collect
and dispose of waste strictly in terms of Solid Waste
Management Rules, 2016.
10. In the event, they are found at default at any one
point of time, they shall be liable to pay
environmental compensation of Rs. 5 Lakh for each
default. The default would be determined by the
joint inspection team that we will constitute under
these directions.
11. The joint inspection team shall consist of Member
Secretary, Central Pollution Control Board; Member
Secretary, Delhi Pollution Control Committee;
Senior Scientist from Ministry of Environment,
Forest and Climate Change and a member of faculty
nominated by the Director, I.I.T., Delhi.
12. The Okhla plant shall continue to operate but it
20
would be subject to the orders of the Tribunal that
Item No. may be passed in Original Application No. 22 of
28 & 27
2013.
December
02, 2016
13. This committee shall be Supervisory Committee and
would visit the plant in question at least once in two
months. The day-to-day working of the plant shall
be examined and report be submitted to the
supervisory committee by a team selected by the
Supervisory Committee consisting of members of the
above organizations.
14. We also expect that all the Authorities would
cooperate and provide required assistance, help and
guidance to the plant owners if they are found to be
deficient and not performing as per the prescribed
norms. Polluter Pays Principle has to be adhered to
but it should not be converted into 'pay and pollute'.
The goal of achieving decent and clean environment
is possible only with due cooperation of the
Authorities, in the position of satisfactory
performance by the Project Proponent and full
cooperation from the public at large. The public
cannot ignore its duty provided by the constitution
itself under Article 51(g) of the Constitution of India.
There are three landfill sites/dumping sites in Delhi
at Ghazipur, Bhalswa and Okhla. Each of these
sites is a depiction of mess that can be created
adversely affecting environment and health of the
people of Delhi.
All the Corporation, Delhi Development
21
Authority and all other public authorities including
Item No. Government of NCT, Delhi are directed to take
28 & 27
immediate steps for reduction and utilization of
December
02, 2016
dumped waste for other purposes. We are informed
that an agreement has been entered into with
National Highways Authority of India and the
Ministry concerned for utilization of the segregated
waste from the dumping site for the purpose of road
construction including expansion of National
Highway No. 24. We direct Corporation and all
Authorities to take all appropriate and immediate
steps for segregation of waste in terms of the
agreement entered into by them. Maximum efforts
should be made to utilize segregated waste for road
construction of NH-24 in terms of the agreement
and even other roads. We hereby direct CPWD,
PWD, Delhi to take segregated waste from all the
three dumping sites and use the same for
construction of the road and embankment, wherever
required.
We hereby appoint a High Level Committee
under Additional Secretary, Ministry of Urban
Development, Govt. of India, comprising of
Secretary, Environment; NCT, Delhi, Chairman,
CPCB; Chairman, DPCC; DDA and all Municipal
commissioners. The Committee shall prepare a
clear cut action plan for disposal of entire solid
waste generated in Delhi and shall prepare a
comprehensive plan for Bio-stabilization of all these
sites and submit it before the Tribunal within one
22
month. The Additional Secretary, Ministry of Urban
Item No. Development would be entitled to co-opt or call any
28 & 27
other person besides members that we have directed
December
02, 2016
i.e. Delhi Pollution Control Committee, Central
Pollution Control Board, CPWD, PWD, Delhi
Development Authority and Corporation.
All the Corporation, Public Authorities, Delhi
Development Authority, including Ministry while
issuing tender for construction of road in any part of
NCT, Delhi would make it compulsory, to whomever
the work is awarded, to utilize the usable waste for
the said purpose.
15. It is stated that one point of time there were nearly
24 landfill sites for waste management identified in
the Master Plan 2021. We direct the Committee
constituted above, chaired by Additional Secretary,
Urban Development, to identify and submit report to
the Tribunal as to the possibility of providing landfill
site for waste management in Delhi particularly out
of 24 sites stated in the Master Plan. We are
informed by the Government about scarcity of land
in Delhi, therefore, it has becomes necessary that
we should have greater number of Waste to Energy
Plant and RDF Plant so that the waste generated
can be processed and very limited residue remains.
The remaining residue is manageable, possible to
store and to dump the same without adversely
affecting environment and public health. We
further direct Public Authorities, Corporation and
Development Agencies to ensure that these dump
23
sites are covered with clay particularly disinfected in
Item No.
terms of Solid Waste Management Rules, 2016
28 & 27
December without any further delay.
02, 2016
16. From the entire discussions above, it is evident that
none of the authorities whatsoever till today has any
correct data of generation of municipal solid waste
with all its components in Delhi, upon conducting
physical survey. We have no hesitation in observing
that the statistics and data furnished to the court
and Tribunal are based on some imaginatory figures
of questionable authenticity. Everybody relies on
data furnished by the other or by some studies to
which they were not involved as a party. It is
undisputed before us that none of the Corporation,
Delhi Development Authority or any other agency
responsible for development has ever physically
conducted survey to collect primary data even for
smaller part of Delhi so as to find out the exact
generation of municipal solid waste, per capita,
which is formally stated to be adopted by them.
Therefore, we direct each Corporation, Development
Agencies or Authorities to at least pick up two
colonies, one from unauthorized colony and one
from authorized colony, under their jurisdiction.
They shall engage agencies who shall collect data in
their presence or collect data themselves in relation
to population as well as municipal solid waste
generated in that colony as a whole or per capita
and they shall also state the composition of waste.
The Corporations will maintain special records in
24
regular course of day-to-day business showing as to
Item No. how much waste has been collected, its components
28 & 27
and how much waste remained uncollected. The
December
02, 2016
Corporation will also ensure that such waste, if
collected by the Corporation, it should be at the
source or in any case at the Dhalao or point of
collection.
17. We direct the Commissioner of each Corporation to
submit a scheme before the Tribunal for providing
incentive to the people who give segregated waste at
source, by way of rebate in property tax and on the
other hand to impose penalties on residents,
societies, RWAs who do not provide segregated
waste. It should be kept in mind that on Polluter
Pays Principle, each person would be liable to pay
for causing pollution, if the waste is generated. It is
the duty of a citizen to ensure that said waste is
handled properly and not to cause any pollution or
cause inconvenience to other persons. The entire
burden cannot be shifted on the state and
authorities. It shall be submitted, within one
month, to the Tribunal.
18. All major sources of municipal solid waste
generation - hotels, restaurants, slaughter houses,
vegetable markets etc. should be directed to provide
segregated waste and handover the same to the
Corporation in accordance with rules. Any such
body, person, hotels, residents, slaughter houses,
vegetable markets etc. which does not comply with
25
the directions or throw their waste over any drain or
public place shall be liable to pay environmental
Item No.
28 & 27
compensation at the rate of Rs. 10,000/- per
December
02, 2016 default. It is their obligation to segregate the waste
at their place and handover the same to the
Corporation centers for waste collection or the
Agencies appointed.
19. The NCT, Delhi, all Authorities and concerned
Ministries will ensure complete implementation of
the notification 1999 as amended by 2016, in all
respect. The Delhi Development Authority and
Corporation shall collectively consider and submit a
proposal to the Tribunal for establishment of brick
manufacturing plant with mixtures of fly ash. We
direct that all the construction activity in Delhi
should be preferably done, to the extent notified in
the notification, by bricks produced from such plant
rather than clay bricks. The Government has
already issued directions thus it will be the
obligation of NCT, Delhi to see that direction is
implemented in its spirit and substance. The
possibility of establishing more such plants should
be comprehensively examined. We may notice that
there are at least 3 or 4 thermal power plants within
300 Kms. which are generating considerable fly
ash/bottom ash. The Government and Authorities
concerned should ensure that the fly ash/bottom
ash generated or collected in ash ponds shall be
utilized for the purpose of manufacturing blocks etc.
and is not merely dumped. We further direct that
26
wherever fly ash or bottom ash is dumped, should
Item No. be sprinkled on regular intervals and should be
28 & 27
particularly covered by all the Agencies,
December
02, 2016
Corporation, Project Proponent and other concerned
stakeholders.
20. We direct that Corporations, Development Agencies
and Fire Departments of Delhi should ensure that
none of the dumping site is ever seen at fire. It shall
be a collective responsibility and Fire Department
shall, in consultation with the Commissioner of
Corporations, fix responsibility and dedicated fire
vehicles would be made available for each site, in
addition to their normal duties.
21. Wherever it is feasible, the waste shall be composted
or biomethanated near to the point of its generation
and collection and in that case it may not be
necessary for transporting the compostable waste to
the landfill site or waste processing plant. We direct
that the Corporation shall make every attempt to
segregate compostable and C&D waste out of 4900
MT municipal solid waste that they receive. That
segregated C&D waste along with 3900 MT C&D
waste collected shall be utilized henceforth for
construction activity, particularly in relation to road
embankment wherever needed and other allied
construction project. Every Public Authority, all
Corporations, Cantonment Board and Delhi
Development Authority should immediately stipulate
such a condition in their tender documents.
27
22. The High Level Committee constituted under this
Item No. order shall be at liberty to require NCT, Delhi and
28 & 27
even the Government to provide fund for compliance
December
02, 2016
of these directions and implementation of the
project prepared there under. The Corporation and
Public Authorities would also be at liberty to invoke
Polluter Pays Principle and require the public at
large to pay for that purpose.
23. We further direct that the use of disposable plastic
glasses is prohibited in entire NCT, Delhi at hotels,
restaurants and public as well as private functions.
The NCT, Delhi shall take appropriate steps against
storage, sale and use of such plastic material at
above places and it shall stand prohibited w.e.f. 01st
of January, 2017.
24. There should be segregation of waste at source. In
order to ensure that the waste segregated at source
is transported, stored and processed separately, the
existing Dhalaos wherever constructed within the
limits of NCT, Delhi should be compartmentalized,
one chamber for bio-degradable waste, the second
for non-biodegradable and recyclable waste and the
third for the hazardous & other wastes. Even,
wherever Dhalaos are not provided the concerned
Corporation should provide/construct three
separate bins as indicated above, of proper sizes
which can be mechanically handled and are in
accordance with Solid Waste Management Rules,
2016.
28
25. The planning and municipal authorities shall, while
Item No. approving the layout plan for new housing colonies
28 & 27
where the area exceeds 5000 sqms, mandate
December
02, 2016
provision for decentralised processing of segregated,
biodegradable and compostable waste of the colony
within its premises in terms of the Solid Waste
Management Rules 2016. Even in respect of the
existing Colonies/Group Housing Societies/
Residential Welfare Associations, the Planning and
Municipal Authorities should identify areas within
the premises of colony / RWA where such
decentralised processing of biodegradable/
compostable waste could be carried out either by
biomethanation or composting.
26. Recognising that the waste generated in Delhi will
have to be processed within its territory, all the
Municipal authorities, other public authorities
including DDA and State of NCT Delhi should draw
up an integrated waste management plan for city of
Delhi identifying landfill sites, improvement of
existing landfill sites as also the efficiency and
functioning of waste processing units. Such
integrated action plan shall be prepared within a
period of two months. The Committee Constituted,
under para 14 of this order, should examine and
submit the Action Plan to the Tribunal, within the
period specified above.
27. We direct that all the concerned Authorities,
Corporation, Delhi Development Authority,
29
Cantonment Board, NDMC, all Boards, Project
Proponents, Railway, NCT, Delhi should co-operate
Item No.
28 & 27
with each other to comply with these directions in
December
02, 2016 their true spirit and substance. In the event of
default the person, irrespective of status in
hierarchy of the Government or Department, shall
be liable to be proceeded against personally in
accordance with law. Both the Committees
constituted under this order shall submit their
reports to the Tribunal within the specified time, in
any case, not later than six weeks from today.
Report as and when submitted shall be numbered
separately by the Registry and matter be placed
before the Tribunal for appropriate orders. We grant
liberty to the applicant to approach the Tribunal in
the event of non-compliance of the directions
contained herein.
With the above directions, Original Application No.
281 of 2016 stands disposed of, without any order as to
cost.
M.A. No. 1007/2016
The M.A. No. 1007 of 2016 does not survive for
consideration as the main Original Application No. 281 of
2016 itself stands disposed of.
Thus the M.A. No. 1007 of 2016 stands disposed of
accordingly.
Original Application No. 22(THC) of 2013
List this matter on 07th December, 2016.
..........................................,CP
(Swatanter Kumar)
30
Item No.
28 & 27
..........................................,JM
(U.D. Salvi)
December
02, 2016
..........................................,JM
(Raghuvendra S. Rathore)
..........................................,EM
(Bikram Singh Sajwan)
..........................................,EM
(Dr. Ajay A Deshpande)
..
31
