National Green Tribunal
Kantha Vibhag Yuva Koli Samaj ... vs State Of Gujarat on 12 September, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 81/2014(WZ)
Kantha Vibhag Yuva Koli Samaj
Parivartan Trust & Ors. Applicant(s)
Versus
State of Gujrat & Ors. Respondent(s)
Date of hearing: 12.09.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant: Ms. Shilpa Chohan, Advocate
Respondent(s): Mr. Parth H. Bhatt, Advocate for R-1, State of Gujarat
Ms. Supriya Dangare, Advocate for R-4
Mr. Maulik Nanavati, Advocate for GPCB
Mr. Aniruddha Kulkarni, Advocate for CPCB
ORDER
1. The matter has been put up in pursuance of order of the Hon'ble Supreme Court dated 21.01.2022 in Civil Appeal No. 1046/2019, Kantha Vibhag Yuva Koli Samaj Parivartan Trust & Ors. vs. State of Gujarat & Ors.
2. Grievance of the applicant is against failure of the Surat Municipal Corporation (SMC) to comply with the Solid Waste Management Rules, 2016. It is stated that such violations have resulted in contamination of local water bodies and groundwater and also resulted in air pollution due to burning of waste.
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3. The Tribunal after issuing notice on 08.08.2014, passed orders dated 20.03.2015, 22.12.2015, 07.03.2016, 16.05.2017, 19.09.2017, 06.11.2017, 02.07.2018 and 17.07.2018 requiring the SMC to take necessary steps and file compliance report.
4. However, on 28.09.2018, a Bench of this Tribunal disposed of the application giving liberty to the applicants to raise their grievance before a Monitoring Committee constituted by the Tribunal to verify compliance status. The said order was challenged by the applicants on the ground that the Committee was not substitute for consideration of the grievance of the applicants. The said order has been set aside by the Hon'ble Supreme Court with a direction to the Tribunal to commence hearing of the matter from the stage prior to order dated 28.09.2018.
5. Accordingly, we have considered the matter from the stage prior to order dated 28.09.2018.
6. The SMC has filed an affidavit dated 08.09.2022 giving the compliance status of the waste management projects as follows:
" Sl. Project
No. completion
Schedule as
Balance Work
Project Project acknowledged
Present Status and timeline to
type capacity by Hon.
complete
Tribunal in
order dated
16.05.2017
1 Plastic Waste 100 TPD First phase of Present Surat Municipal
Collection and 20 TPD of Capacity of Corporation has
Treatment processing Plastic entered into MoU
plant is processing with ICLEI-Local
completed and plant is Governments
project is under approx. 70 for
commission TPD and SMC Sustainability,
stage. has South Asia for
approximately Implementing
Segregated "Alliance +
and Treated ICLEI Developing
25,000 MT of Plastic Waste-
Plastic Waste Free Cities"
in last 12 Project in Surat
months. dated
03.11.2021, the
main aim of this
2
MoU will be
implemented with
an aim to prevent
mixing of plastic
in the
environment and
promoting circular
solutions.
ICLEI South
Asia will
provide
technical
support to SMC
for developing a
plastic waste
management
strategy and
action plan
along with its
implementation
roadmap. In
addition to this,
ICLEI South
Asia will also
identify a specific
Financially viable
and scientifically
sound
implementation
project, to be
submitted to the
Alliance for
funding
consideration.
The project
duration is still
Dec.-2024.
2 C & D Waste 200 TPD Civil work for SMC has No further work
collection and First phase of successfully required.
treatment 100 TPD of commissioned
processing plant C&D waste
is under active processing plant
progress and of
likely to be approx. 300
completed by TPD on PPP
June 2018. mode at
Kosad, Surat
since Jan-
2019, and has
approximately
Segregated and
Treated 30,000
MT of
Construction
and Demolition
Waste in last 12
months.
3 E-waste 5 TPD Civil work SMC has No further work
collection and processing plant awarded the required.
treatment is under work for E-
active progress Waste
and likely to be Management on
completed by PPP mode at
March. 2018. Unn-Surat, the
construction of
3
the said Plant is
completed and
commissioned
4. Organic 220 TPD Installation Following More than, 600
Waste work of Decentralized TPD of Organic
collection and various Organic waste waste processing
treatment projects having processing plant shall be
total capacity have been establish in
of 55 TPD has installed next 24 months.
been And
completed and commissioned
for remaining, at various
sincere efforts places
have been i
taken for n Surat City and
decentralized has
organic waste approximately
treatment Segregated and
plants. Treated 30,000
MT of Organic
Complete
Waste in last 12
system of
months.
management
for organic
A. APMC
waste shall be
Market: 50
completed and
TPD
operative by B. Anjana
March, 2019 in Transfer
a phased station:1
manner. TPD
C. Veg
market: 4
TPD (15
nos)
D. Vermicom
post at
garden: 2
TPD
E. Bulk
Residential
Society: 18
TPD (82
nos)
F. Hotels and
restaurant
waste: 12
TPD
(through private
operators)
5 Industrial 100 TPD By December, Separate At present,
textile waste 2018 Collection industrial textile
treatment System for Non- waste is being
Hazardous managed by
Industrial Private agency
Textile waste is SMC intends to
under progress establish own
since Oct 2018, facility and
and Baseline &
approximately
Feasibility study
10,000 MT of
for the same has
Waste is
been started. It is
collected and
disposed of in likely that State
scientific of Art plant shall
manner in last be
12 months.
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establish in next
36 months.
6. Waste to 1000 By March, 2019 As per the reason mentioned in the
Energy plant TPD point no. 7 of this affidavit. Waste to
on PPP basis (600+ energy plant was not commissioned
400 due to uncertainty of Power tariff.
TPD) SMC has invited short term waste
7. Waste to 600 TPD By June. 2019 processing tender to process the
energy plant waste by composting and approx.
on EPC basis 5,12,952 MT of Waste has been
/PPP basis treated under the said premises in
which is more last 12 months. Moreover, till the time
appropriate New Centralized Waste processing
8 Waste to 600 TPD Installed and plant or Waste to Energy plant is not
compost plant plant is established, SMC has invited tender
functional and in for processing of approx. 30 Lakhs MT operation. of waste in next 3 years.
Total final capacity 2825 "
of processing plants TPD
7. It is further mentioned that following steps have been taken for compliance of the SWM Rules, 2016:
"6. xxx .....................................xxx..........................xxx i. Through 8 Nos. of Material Recovery Facilities established in the entire city area out of which 3 nos. are Mechanized MRF, SMC is recovering around 180 to 200 MT of various material which are further send to authorized recyclers for reuse.
ii. As directed by Hon. Tribunal in order dated 18.04.2017 which states that, "Considering hazard to environment due to open dumping of MSW and extent of landfill sites Cell No. I and II being available for accommodating for processing of MSW, we direct that there shall be no open dumping of MSW at Khajod open site." I submit that the Surat Municipal Corporation has dumped inert residue left after processing and untreated Waste at Sanitary Landfill Cell No. 2 facility located at Khajod Disposal site, and has standby SLF facility of approx 8,25,000 m3 capacity at Sanitary Landfill Cell No. 1 located at Khajod Disposal Site. Thus, there has been No Open dumping of Waste at Khajod Disposal Site and also there has been no Fire incidents since Last 2 years in Khajod Final Disposal Site.
iii. As acknowledge by Hon. Tribunal in order dated 18.04.2017, as per the affidavit submitted by Surat Municipal Corporation dated 26.09.2016 revealing Detailed Project Report annexed as Annexure J, which proposes to Cap Dumpsite where dumping was done on 61.2 hact. land and as per the Directions given by Hon. Tribunal in order dated 16.05.2017 which states, " Leaned counsel appearing on behalf of the Corporation further submits on instructions 5 that the issue of closure of Khajod dumping site, is presently pending before the Standing Committee of the Corporation, and the moment the Standing Committee takes decision the work order will be issued for commissioning the closure/capping of the open dumped site and the closure will be completed within eighteen (18) months thereafter, excluding Monsoon Seasons. We, therefore, direct the Standing Committee to take a decision and issue work order for commencing the work of closure of Khajod open dumping site within one month." I submit that the Surat Municipal Corporation has issued Work Order pertaining to said work dated 16.06.2018 and work is completed on 15.01.2020 as per the design and details provided by enlisted MoUD approved consultant Ms. Facile Maven Pvt. Ltd Surat. Which includes around 8 Nos. of Leachate Collection and Monitoring Wells as well as approx. 40 Nos. of Cowl Vent for Gas exhaustion. Before and After Photographs said projects are attached herewith as Annexure-2.
iv. I submit that as per the order passed in O.A.No.606 /2018, Monitoring committee comprising of Hon'ble Retired High Court Judge Shri B.C. Patel and the then Member secretary, GPCB has visited Khajod disposal site dated 09.05.2019 and Surat Municipal Corporation has undertaken works as per the instructions and suggestions received from the Committee.
v. In due consideration of the site visit undertaken by Monitoring Committee members Retired Hon. Justice shri B.C. Patel, Member Sectary, GPCB Shri K.C. Mistry dated 09.05.2019 at Khajod disposal site. As per the direction received from the members, Surat Municipal Corporation has undertaken the work related to Biomining of old dumped legacy waste location in sanitary landfill cell no.2 and Bhatar through work order dated 24.04.2020 and presently more than 12 lakh MT of waste is bioremediated and work shall he completed by next 18 months. The Corporation is taking all due steps to achieve the compliance envisaged under the SWM Rules. I would say that, after the completion of this work, there would be no waste found lying at the disposal site. expect fresh waste which will be receiving at site on day-to-day basis.
vi. For generating Bio-gas from the wet waste, tender for "Design, Build, Finance and Operate 600 TPD Capacity Bio- CNG (CBG) Plant for Treatment of Source Segregated Organic Fraction of Solid Waste and other Biodegradable Waste at Surat on PPP Model is been invited and it is expected to be commissioned within next 24 months.
vii. Also, tender for establishing 200 TPD Capacity (Phase Manner) of Biogas Plant With Suitable Technology for treatment and processing of Organic Wet Waste as per the Provisions of Solid Waste Management Rules 2016 including Design, Construction, Erection, Testing And 6 Commissioning along with successive operation and maintenance for the period of 15 Years in Surat under 15th Finance Commission Mission and Swachh Bharat Mission on EPC model is been invited and it is expected to commissioned within next 12 months.
With the objective to make all cities clean and garbage free, with 100% scientific processing of Municipal Solid Waste, Govt of India has launched Swachh Bharat Mission 2.0, in the said mission grants will be provided to ULBs for the establishment and upgradation of processing waste facilities, considering the same Surat Municipal Corporation has kept the budgetary provision for the below mentioned works under the said scheme. The Copy of City Solid Waste Action Plan prepared as per the guidelines of SBM2.0 is attached herewith as Annexure 3.
i. Bio methanation and Incineration Plant for Collection, Treatment and Processing of Offal Waste including Collection of Small and Big Dead Animals with 0 & M within Surat city limit whose tender arc been received and presently under scrutiny and it is expected to commission within next 12 months.
ii. Development of New Waste Management Park including the Centralized Waste Processing Plant, Sanitary Landfill Cell and Relevant Road, Parking Weigh Bridge and Necessary Infrastructure as per the requirement of Site and it is expected to commission within next 36 months.
7. Furthermore, Surat Municipal Corporation has awarded 1000 TPD Waste to Energy project to M/s Rochem Separation Pvt Ltd in the year 2012 on PPP basis, wherein Surat Municipal Corporation has to provide land on token rate and rest all of responsibilities is of the Contractor. Contractor has to obtain necessary permission, finalization of power tariff, financing the plant, design, and execution of the project. The said Waste to Energy Project has obtained secure power tariff @ Rs 7.74/ kwh from GERC on 04.08.2015 in response to their petition no. 1443/2014. Unfortunately, the approved power tariff by GERC has been challenged in the Gujarat Electricity Regulatory Commission (GERC), where Project Proponent has already signed PPA for sale of power with Gujarat Urja Vikas Nigam Limited (GUVNL) for approved tariff of Rs 7.74/ kwh and thus in absence of final tariff order the project proponent fails to achieve Financial Closure and ultimate has not executed the project. In context to same Surat Municipal Corporation has terminated the project and the Bank Guarantee of Rs. 1.00 Crore has been forfeited. The details are attached herewith as Annexure-4.
8. In subsidiary to above project, Surat Municipal Corporation has awarded 1200 TPD Waste to RDF to Energy Project to M/s Abellon Clean Energy Limited in the year 2017 on PPP basis, wherein Surat Municipal Corporation has entered into concession agreement with project proponent on 23.07.2022 and provided land on token rate vide lease deed agreement 17.02.2021. As per 7 the terms laid in concession agreement contractor has to obtain necessary permission, finalization of power tariff, financing the plant, design, and complete the construction and execution of the project by 22.08.2022. Unfortunately, the power tariff for the said project has yet not finalized by Gujarat Electricity Regulatory Commission (GERC) due to which Power Purchase Agreement has not been signed and accordingly project proponent till date has not started the execution of. In context to same Surat Municipal Corporation has served the final termination notice to the project proponent and procedure for forfeiting the Bank Guarantee of Rs.
1.50 Crore will be initiated accordingly. The details are attached herewith as Annexure-5. I further pray to the Hon. Tribunal to direct the Gujarat Electricity Regulatory Commissioner to finalize the tariff for the Waste to Energy projects as soon as possible so that successful commissioning of Waste to Energy projects can be undertaken.
9. I say that in the absence of execution of Waste to Energy projects, Surat Municipal Corporation has carried out the waste processing by procuring the works through short term tendering and maintain the norms laid in SWM Rules 2016. Presently Surat Municipal Corporation has upgraded the existing facility of Waste to compost Plant, up to 1350 TPD capacity and approx. 5,12,952 MT of Waste has been treated under the said premises in last 12 months."
8. As against above, the applicant has filed status report dated 10.09.2022 giving the compliance status as follows:
" Sl No. Action Points Conditional Status of submitted by undertaking implementation Applicants dated Submitted by R- 4/SMC 19.09.2017 dated 26.09.2017 8
1. Setting up of Waste to Energy Plant for There is no implementation Waste to Energy plant 1000 TPD has been of this undertaking. No for 1000TPD at proposed to set up at Work has been initiated Khajod Land Fill Site, Khajod land fill site at Sr. and no tender for the work at Survey No. 111/A, No. 111/A, Khajod has been granted for WTE Khajod, Taluka Taluka Choryasi,District Plant. There were only Choryasi, District Surat, Gujarat within a MoUs signed with Rochem, Surat, Surat, Gujarat period of 24 months. Abelon and NTPC but there (hereinafter referred Land Lease Deed has is no implementationon the to as 'Khajod Land Fill been also executed for ground. Site') within a periodof the location atKhajod.
24 months. [Further in any
circumstance, shifting of
this plant is required,
then alternative
arrangement shall be
made in advance to
comply with SWM
Rules, 2016.
It is pertinent to note that
other work of 1200 TPD
waste to energy plant has
been awarded to M/s
Abellon Clean Energy Pvt.
Ltd.
2. Setting up of Waste to Waste to Energy Same as above. No
Energy Plant on EPC Plant on EPC or PPP implementation.
basis for 600 TPD at basis, whichever Khajod, Surat ( as financially viable, for Mentioned in 600 TPD will be Additional Affidavit completed within a Dated 6th May 2017 of period of 24 months.
Respondent no.4
i.e. Surat Municipal
Corporation (SMC))
within a period of 24
months.
3. Proper Operation of That for efficient 600 TPD Plant is
Waste to Compost operation for Waste to operational but 100%
Plant for 600TPD to its Compost Plant for 600 processing is not taking
full capacity at Khajod TPD to its full Capacity place at the compost plant.
Land Fill Site at Khajod landfill site
sustainable efforts will
be made and it will be
monitored at highest
level.
4. Extension of Sanitary Extension of Sanitary Extension of Sanitary
Land Fill Cell No.1 Landfill cell No. 1 will landfill cell No.1 is
within a period of 15 be completed within & completed, though
Months (as mentioned period of 15 months unaware as to permission
in Additional Affidavit (excluding monsoon). from GPCB for its use.
Dated 6thMay 2017 of
Respondent no. 4 i.e.
Surat Municipal
Corporation (SMC))
9
5 Capping of Open Capping of open 30 lac legacy waste dump
dumped- accumulated dumped accumulated has been remediated at
waste at Khajod waste at Khajod land fill Khajod and Bhatar site.
Land Fill Site within a site will be completed Capping has been
period of 18 months within a period of 18 completed.
(as mentioned in months (excluding
Additional Affidavit monsoon.
dated 6th May 2017 of
Respondent no.4
i.e. Surat Municipal
Corporation (SMC)).
6. Enforcement of Implementation for Segregation is not taking
segregation of MSW at segregation of MSW at place at household,
Household, household, Commercial, Commercial, and industrial
commercial and and industrial level shall level
industrial level be followed through IEC
activities and
subsequently would
lake stringent action in
accordance with
proposed public health
byelaws,
7. Door-to-Door collection Door to Door collection Transportation and
of segregated MSW of segregated solid Segregation of MSW is not
from all households waste from all taking place at household,
Including slums and households including Commercial, and
informal settlements, slums and informal industrial level
commercial, settlements,
institutional and other commercial, non-residential institutional and other premises, multi- non residential storage buildings, premises, from multi- large commercial storage buildings, large complexes, malls, commercial complexes, housing complexes as malls, housing per MSW Rules, 2016 complexes as per rule ( Rule 15 (b) MSW rule (Rule I5(b) Shall be effectively started within 6 months and will be further strengthened within 12 months.
8 Framing of Bye- Public health byelaw, Status as to its laws incorporating approved by general approval by State the provisions of board of Surat Government is not these rules within Municipal Corporation, known. a period of one incorporating the year and ensure its provisions of SWM implementation as rules, which shall be per Rule 15 (e) implemented as per rule MSW Rules, 2016 15(e) MSW Rules 2016 after the final approval from State Government.10
9 Setup material Material recovery' Material recovery' facilities recovery facilities or facilities or secondary or secondary storage secondary storage storage facilities for facilities for sorting of facilities for sorting of sorting of recyclables recyclables materials has recyclable materials materials such as 21 not been set up for the and waste nos. of collection MSW generated.
depositions centres for center for plastic
domestic hazardous waste already
waste as per Rule 15 operational, whereas
(h) collection centre for
C&D waste (7 nos.), E-
Waste (2 nos), and
(i) MSW Rules, waste depositions center
2016 for domestic hazardous
waste as per rule 15(h)(i)
MSW rule, 2016 will be
set up within 24 months.
Surat Municipal
Corporation has already
started Plastic waste
management center
at Bhatar and at
present waste is being
collected throughvarious
sources, and treated
plastic waste is being
used for road making etc
and 13,000 rmt roads
are constructed by
using 50 MT of plastic
waste.
10. Ensure Separate transportation Segregation of entire
transportation of of segregated bio MSW not being done.
segregated bio- degradable waste to the
degradable waste to processing facilities like
the processing compost plant, bio-
facilities like compost methanation plant or
plant, bio- any such facility as per
methanation plant or rule 15(q) MSW Rule,
any such facility as 2016 shall be initiated
per Rule 15 (q) MSW within 6 months and
Rules, 2016 strengthen in 12 months
Corresponding to
initializing and
strengthening door to
door waste collection
system.
11
11. Involve communities in Involvement of Community
waste management communities in waste involvement in waste
and promotion of management and segregation is very
home compositing, bio- promotion of home less.
Gas generation, Composting, bio-gas
Decentralized generation,
processing of waste at decentralized
community level as processing of waste at
per Rule 15(t) community level as per
MSW Rules, 2016 rule 15(t) MSW rule,
2016 is being already
implemented through
formation of policy for
financial capital
assistance, rebate in
annual user charges,
facilitated through
mobitrash, however the
same will be
strengthened within 6
months.
12. To ensure setting up Setting up of centers No such centres have
centres for collection, for collection, been established.
segregation and segregation and storage
storage of segregated of segregated wastes,
wastes are are incorporated in
incorporated in building plan while
building plan while granting approval of
granting approval building plan of a group
of building plan of a housing society or market
group housing complex as per rule 15(ze)
society or market MSW rule, 2016 has been
complex as per made mandatory and will
Rule 15 (ze) MSW be verified and monitored
Rules, 2016. at regular intervals, 13 To frame bye laws Public health bye- Status as to its and prescribe laws and prescribe approval by State criteria for levying criteria for levying of Government is not spot fine for spot fine for persons known. persons who litters or who litters or fails to fails to comply with comply with the the provisions of these provisions ofthese rules rules as as per rule 15(zf) MSW per Rule 15 (zf) rule, 2016 has been MSW Rules, 2016 prepared, approved by general board of SMC and forwarded to state government for their final approval. SMC is committed for implementation of this rules after the approval from State Government.12
14. To stop land filling There shall be no There is dumping of or dumping of Land filling or dumping of Partly processed and unprocessed and unprocessed and mostly of unsegregated MSW unsegregated MSW unprocessed and in SLF Cell No 1 and in SLF Cell at Khajod unsegregated MSW 2 Khajod Land Fill landfill site after2 in SLF Cells.
Site. years subject to 100%
working of Solid Waste
processing plants and
success of source
segregation of waste
15. To only dump non- There shall be dumping There is dumping of
usable, non- of non- usable, non- Unprocessed and
recyclable, non bio- recyclable, non unsegregated MSW in
degradable, non- biodegradable, non- SLF Cells.
combustible and non- combustible and non-
reactive inert waste to reactive inert waste to go
go to Khajod Land Fill to Khajod landfill site as
Site as per Rule 15 (zi) per rule 15 (zi) MSW Rule,
MSW Rules, 2016 2016 after 2 years
subject to 100% working
of Solid Waste processing
plant and success of
source segregation of
waste.
16 Setting up of a Setting up a Monitoring Pursuant to the order
monitoring Committee to oversee passed by the Ld. NGT,
committee to implementation and monitoring committeewas
oversee operation of waste formed which held only 1
implementation processing plants/ units meeting. SMC has not
and operation of at Khajod landfill site convened any meeting of
waste processing involving technical the monitoring committee
plants/units at expert from reputed to ascertain the status of
Khajod Land Fill institutes would be done implementation.
Site involving local within 1 month.
stakeholders.
17. To ensure Provide waiver regarding As per order dated
implementation as deposit a Bank 02.07.2018, Rs 2
per the timelines Guarantee to NOT as Crore bank Guarantee
SMC to deposit a Bank desired by the applicant was to be submitted by
Guarantee to NGT, as being a government SMC/R- 4 for adhering to
Pune which should not body, SMC is duty bound the timelines given by
be less than 100 crore. to comply with the them. To ascertain if
provision of all applicable Bank Guarantee was
rules arid acts. submitted by R-4/SMC. If
it was submitted then it
needs to be forfeited as
timelines for
implementation have not
been followed.
13
18. To ensure continuation To provide waiver State Government had
of Khajod Land Fill regarding, below allocated 188 ha land at
Site for its designated mentioned action point Khajod to R-4/SMC for use and as per suggested by applicant, setting up Sanitary authorisation from "ensure continuation of Landfill cells and for GPCB and not to divert Khajod landfill site for its processing facilities for the land for another designated use and as scientific management of purposes. per authorization from MSW. The Khajod MSW GPCB and not to site has allocated by the divert the land for State Government for another purposes" developing 'DREAM CITY' Surat Municipal The Khajod MSW site is Corporation has now part of the already submitted Master Plan of Dream requirement to the City. There is no Collector, Surat_ for alternative site/ land allotment of Land at allocated by the District Mandrel and Bhandut of Collector to R-4/SMC for Olpad taluka, Dist Surat, MSW disposal site. Also, it shouldbe Further, the use of noted that part land of landfill site for Khajod MSW site is also a commercial and part of KHUDA (Khajod institutional site is a Urban Development health hazard. Until an Authority) which is alternative MSW site is planning to develop allocated, developed, a Dream city project in a process that may take phased manner. upto 3-4 years, there cannot be any diversion or construction permitted over the existing Khajod MSW site as stipulated in the Masterplan for dream City. Ld. NGT needs to stay any development works over the 188 ha Khajod MSW site. So there cannot be a waiver of this condition. The present Khajod Landfill site comprising of 188 acres for which authorization has been given by GPCB cannot be diverted for any other purpose.
19. Open burning should That open burning should There is no opening not be there at any cost not be there in the old burning of MSW. in 188 hector entire dumps at MSW, site after Boundary wall around Khajod MSW site. completion of capping the site has not been Odour control measures work. constructed to prevent to be undertaken stray animals from entering the MSW site. An accident involving a ragpicker took place on account of the site being open. "14
9. Though CPCB has filed an affidavit dated 09.09.2022, the same does not advert to the factual position.
10. We have heard learned Counsel for the parties. However, in view of factual dispute about compliance status, factual verification on the ground is necessary, particularly when the GPCB has not furnished its independent report on the subject. Let it be done now jointly by CPCB and GPCB. GPCB will be nodal agency for coordination and compliance. It may file report with factual statistics on each aspect of the waste management
- municipal solid waste, plastics, C&D, E-waste and the waste from textile industries. The report may also provide details of quantity of waste generation and processed under each category. It may also mention the capacity of processing plants designed with their actual utilization status. Report may give quantified legacy waste in existence and arrangements with authorized end-users to use components arising out of biomining/processing plants. Observation may also be given on maintaining integrity of capped landfill site giving reasons for capping in place of biomining. Finally, PCB may mention compliance status and if there are violations, action taken/proposed, including liability for compensation on polluter pays principle, if violations exist.
List again on 19.09.2022.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dinesh Kumar Singh, JM 15 Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM September 12, 2022 Original Application No. 81/2014(WZ) DV 16