National Green Tribunal
Abhay Dahiya vs State Of Haryana on 25 February, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 05 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 26/2019
(With report dated 24.02.2020)
Abhay Dahiya & Ors. Applicant(s)
Versus
State of Haryana Respondent(s)
Date of hearing: 25.02.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
HON'BLE MR. SIDDHANTA DAS, EXPERT MEMBER
For Respondent(s): Mr. Rahul Khurana, Advocate with Mr.
Bhupinder Chahal, R.O for HSPCB
ORDER
1. This order is being passed in continuation of order dated 25.11.2019. Grievance in this application is against illegal dumping and burning of garbage and discharge of untreated waste water by various establishments, including restaurants on G.T. Road, Murthal in Sonepat District.
2. Vide order dated 15.01.2019, a factual and action taken report was sought from the State PCB and District Magistrate, Sonepat.
Reports dated 28.05.2019 and 28.09.2019, filed by the State PCB, acknowledged the burning of waste and unscientific disposal of the solid waste. It was stated that remedial steps were taken by way of segregation through rag pickers and spraying of dumping site. The integrated solid waste management project was expected to be 1 completed by 31.12.2020. With regard to liquid waste treatment by Dhabas/ restaurants at NH -44, it was stated that 11 Dhabas/restaurants were discharging more than 10 KLD and had obtained consent to operate and had STPs while the remaining 9 had not obtained such consent as they discharged less than 10 KLD. Earlier, their liquid waste was being mixed with solid waste at Murthal landfill site. Now space was provided for collection of domestic effluents and such effluents were to be treated by the Municipal Corporation, Sonepat. DPR was prepared for the STP which was to be completed by 31.12.2020. Prosecution was initiated against the Municipal Corporation, Sonepat.
3. The matter was further considered on 30.09.2019 as follows:
"3. The above report shows sorry state of affairs. It is clearly acknowledged that burning of waste was happening which is now claimed to have been stopped. It is also clear that liquid waste was being mixed with the solid waste which is now being remedied. There is no reason why decentralized treatment has not been required to be set up by the restaurants.
4. The units which are said to be emitting less than 10 KLD could be required to install modular STPs to avoid transportation of the effluents elsewhere, which has its own hazards. There is no information about the extent of legacy waste and plan for its disposal. The report also states that the treated water is being discharged on the land without any utilization. The treated water is required to be used for secondary purposes as laid down by this Tribunal in O.A. No. 148/2016. There is also nothing to show that whether efficiency of STPs has been duly 3 tested though in the remarks coloum, it is mentioned that STPs are complying.
4. The above issues need to be resolved for protection of environment and public health. The timelines for installing solid waste treatment plant and integrated solid waste management project need to be re- scheduled and preponed.
6. Let the Secretary, Urban Development, Haryana and Commissioner of Municipal Corporation, Sonipat 2 remain present with their action plan in the matter on the next date."
4. The matter was thereafter reviewed on 25.11.2019 as follows:
"
4. Accordingly, we have heard the Principal Secretary, Urban Local Bodies and perused the report filed on 22.11.2019 by the Municipal Corporation, Sonepat. The report is to the effect that the task of processing of waste has been handed over to a concessionaire in September, 2019 for segregation at source, door to door collection and disposal. Integrated Solid Waste Management (ISWM) Plant is under construction. Material Recovery Facility has been set up at the dump site. Legacy waste site has waste to the extent of 1.20 Lac ton for which bidding documents have been prepared. The dhabas have executed MoU with piggery farms owners and have also constructed composting pits. Modular STPs have been installed by some of the dhabas while others are disposing of the sewage in collection tanks and transporting to STPs. Treated water is reused for gardening under an arrangement with the farmers.
5. The above report shows grim situation of waste management. Whatever steps are claimed to have been taken, are very recent showing environmental governance in very poor light. The situation may not be confined to GT Road, Murthal in Sonepat District which is subject matter of the present proceedings but is wide spread throughout the State. There is a need for a comprehensive policy for tackling such solid and liquid waste scientifically and in accordance with the rules for protection of environment and public health. The matter was also discussed in the presence of the Chief Secretary, Haryana vide order dated 06.03.2019 in O.A. No. 606/2018.
6. We are thus of the view that a clear policy needs to be in place for regulating the functioning of road side restaurants/establishments generating solid and liquid waste and also drawing ground water. Wherever there is violation of law, action needs to be taken promptly by way of stopping the illegal activity and recovering compensation on 'Polluter Pay' principle and prosecuting the violators. Such a policy needs to be framed by involvement of all concerned departments, to be coordinated by the Chief Secretary. It is unfortunate that administration gives long timelines which amounts to showing lip sympathy to the cause of environment and public health and failure of responsibility. Clean environment is a fundamental right of citizens and inalienable duty of the State. Unfortunately, there is failure to realise and perform such duty.
37. We find it difficult to accept the statistics given in the report particularly with regard to generation of domestic effluent and solid waste. The report does not mention the action taken for regulating/prohibiting illegal drawl of ground water and computation of environment for violation of environmental norms.
8. Accordingly, we direct as follows:
i. The Chief Secretary, Haryana may call meeting of all concerned Departments for a holistic policy in the matter within one month from today.
ii. CPCB may issue an appropriate guideline after studying the matter with the help of experts within one month on the subject of compliance of environmental norms by roadside eateries/restaurants and other establishments. iii. A joint report may be furnished about the state of affairs with regard to scientific solid and liquid waste management at GT Road, Murthal by CPCB and State PCB. The Joint Committee will be at liberty to interact with other stakeholders. The report may be furnished within one month. State PCB will be nodal agency.
9. It is also well known that there are also marriage places or establishments where large scale functions are taking place affecting the environment in a big way. This aspect also needs to be considered and regulated. Let CPCB give a report on this aspect also.
10. Reports may be furnished by 31.12.2019 by email at [email protected]."
5. In view of above, a report has been filed by the CPCB on 30.01.2020 to the effect that inspection of roadside eateries/restaurants at Murthal, Haryana was done on 21.12.2019. During the inspection, serious deficiencies were found in the matter of drawl of ground water, unscientific handling of liquid and solid waste, air, noise and water pollution, unscientific use of cooking oil, illegal use of gen-sets and fuel and absence of Consent to Establish and Consent to Operate as required under the law. The recommendations in the report are:
4"4. Recommendations
a) The unit to operate to take necessary permission from SPCBs/PCCs and other local authorities as enumerated in Section 3.0 for setting up/operating the roadside eateries/restaurants.
b) The SPCBs/PCCs to ensure that these Roadside eateries/restaurants obtain necessary permission from the Board as per the State Policy.
c) The SPCBs/PCCs to ensure that necessary infrastructure with respect to collection& treatment of sewage, collection of solid waste has been provided prior to granting CTE/CTO to such units.
d) No unit should be allowed to be established in areas in which such facilities are not available; and units operating in areas where such facilities are not available should be closed down/shifted to areas where such facilities are available.
e) The State Board must have robust monitoring mechanism to evaluate compliance with norms of such units at least twice a year.
f) The concerned local authorities to provide the necessary infrastructure including collection and processing of segregated waste, and collection and treatment of sewage from such units."
6. A status report has also been filed by the State of Haryana on 24.02.2020 to the effect that a draft policy has been prepared and placed on the website and objections are invited by 09.03.2020.
The State of Haryana may ensure that the points emerging in the report of the CPCB are covered by the policy and finalize the policy positively by 31.03.2020. The policy does not mentions the compensation regime which is a crucial enforcement for effective mechanism and to give effect to the 'Polluter Pays' principle.
7. Apart from framing policy, the State of Haryana may also take remedial enforcement measures in the light of facts emerging in the CPCB report by way of a special drive within two months from today and furnish a status of compliance as on 30.04.2020 before the next date by email at [email protected].
5List for further consideration on 14.05.2020.
Adarsh Kumar Goel, CP Dr.Nagin Nanda, EM Siddhanta Das, EM February 25, 2020 Original Application No. 26/2019 AK 6