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Judgment
In this original application, Applicant had raised the grievance in respect of dumping of municipal solid waste at the landfill site at Siswan Road, Kurali. The allegation of the Applicant is that the dumping was without any permission from the competent authority and in violation of the environmental norms.
During the pendency of the OA, the remedial and punitive actions have been taken.
The Respondent No. 2, Municipal Council, Kurali has filed the affidavit dated 16.03.2026 stating that the MSW dump at the site has been cleared and no legacy waste exists at the site and the Municipal Council, Kurali is not dumping any further solid waste on the site at Siswan road and the Municipal Council, Kurali has passed the resolution dated 23.02.2026 for closing the sanitary landfill located at Siswan road. The said affidavit also discloses about partial deposit of the environmental compensation imposed by the PPCB. The relevant part of the affidavit of the Municipal Council, Kurali dated 16.03.2026 is as under:
“xxx ………………………………………xxx………..…………………….xxx
3.That it is most respectfully submitted that at present there exists no legacy or solid waste at Adhrera, Kurali Road site and the same has been duly observed by PPCB officials on their visit at the site dated 11-11-2025 wherein they have categorically mentioned that the earlier dump site provided by the MC Kurali at Adhera Road was found empty and no legacy/fresh waste was found lying in the said site.
4.Further, in relation to Siswan Road, Kurali, the deponent categorically submits that Municipal Council, Kurali is not dumping any solid waste on the afore-said site of Siswan Road. It is relevant to mention that MC Kurali, herein has constructed a Resource Management Centre on Siswan Road Site, which included 3 all Weather Sheds having 84 Compost Pits. However, the same are for the disposal of Wet waste only and therefore no authorization is required for construction of Resource Management Centre in accordance with the Solid Waste Management Rules, 2016.
5.The deponent submits that Municipal Council, Kurali has also constructed a Sanitary Landfill Facility adjoining the Resource Management Centre above-mentioned and has duly applied for permission/authorization for operating the site from PPCB. However, the same was denied to it on account of it being located at a distance of less than 200 meter from highway and a water body.
6.That subsequently, in order to ensure compliance with the direction passed by this Ld. Tribunal and PPCB, the MC Kurali has passed Resolution No 275 dated 23.02.2026 for closing the Sanitary Landfill Site located at Siswan Road and has also issued a public notice for securing a new sanitary land fill site, which complies with the Solid Waste Management Rules, 2016. The afore-said notice has been published in two widely circulated newspapers dated 7-2-2026 and 28-2-2026 and a copy of the same is attached herein as Annexure R1 and R2 respectively. It is henceforth submitted that after the work on construction of new landfill sanitary site will start as soon a new site duly complied with Solid Waste Management Rules, 2016 is secured by the authorities.
7.Lastly, the deponent submits that Municipal Council Kurali has also partially complied with the directions passed as so recovery of Environment Compensation imposed upon it and it has thereby passed a Resolution No. 273 dated 23-2-2026 to deposit of Compensation amount of Rs. 80.00 Lacs and accordingly it has made part payment of Rs. 20.00 Lacs to the PPCB. A true copy of Demand Draft of Rs. 20,00,000 in favour of Environmental Engineer, PPCB dated 18.02.2026 is attached herein as Annexure R-3.”
In respect of the past violation by the Municipal Council, Kurali, the action has been taken by the PPCB and environmental compensation of Rs. 86 lakhs has been imposed, out of which the Municipal Council, Kurali has deposited Rs. 20 lakhs. The remaining environmental compensation of Rs. 66 lakhs is yet to be recovered from the Municipal Council, Kurali. The details of levy and recovery of the environmental compensation have been disclosed in the compliance/action taken report dated 27.04.2026 filed by the PPCB as under:
“xxx ………………………………………xxx………..…………………….xxx 3) That in compliance to order dated 27.01.2026 of this Hon'ble Tribunal, it is submitted that the Punjab Pollution Control Board is taking action against the Urban Local Bodies of the State for violation of the Solid Waste Management Rules 2016 and remediation of legacy waste in accordance with the mandate of order dated 10.01.2020 and 17.09.2020 passed by this Hon'ble Tribunal in Original Application no. 606 of 2018. In compliance to the said orders of the Hon'ble National Green Tribunal, Environmental Compensation amounting to Rs. 86 Lakh has been imposed upon Municipal Council, Kurali for violation of the Solid Waste Management Rules 2016 for the period of violation from 01.07.2020 to 31.12.2025 vide various orders.
4)That the Punjab Pollution Control Board is imposing the Environmental Compensation upon Urban Local Bodies (including Municipal Corporation, Amritsar) by issuing orders / writing letters to the Principal Secretary to Government of Punjab, Department of Local Government from time to time. The detail of the orders/letters issued in this regard is given below.
EC imposed upon Municipal Council, Kurali For поп-compliance of activities mentioned at Sr. no. 1 to 10 of Rule 22 of SWM Rules, 2016 (in Lacs) For поп-compliance of activities mentioned at Sr. no. 11 to 22 of Rule 22 of SWM Rules, 2016 (in Lacs) 1 01.07.2020 to 31.03.2021 72 dated 27.04.2022 9 9 2 01.04.2021 to 28.02.2022 107 dated 29.04.2022 11 11 3 01.03.2022 to 30.09.2023 3834 dated 14.11.2023 19 0 4 01.10.2023 to 31.03.2024 2026 dated 16.05.2024 6 0 5 01.04.2024 to 30.06.2024 25168 dated 04.10.2024 3 0 6 01.07.2024 to 31.12.2024 9458 dated 11.03.2025 6 0 7 01.01.2025 to 30.06.2025 33451dated 29.09.2025 6 0 8 01.07.2025 to 30.09.2025 39260 dated 27.11.2025 3 0 9 01.10.2025 to 31.12.2025 2296 dated 03.02.2026 3 0 5)That it is pertinent to mention here that no legacy waste is lying at the site which was cleared in the end month of February 2022, hence no Environmental Compensation after 28.02.2022 has been imposed upon Municipal Council, Kurali in this regard.
6)That it is relevant to mention here that in the background of the directions issued by the Hon'ble Tribunal in another case in Original Application no. 16 of 2025 titled as Public Action Committee v/s State of Punjab and Others, (relating to the dumping of solid waste along Hansla Nadi, Sirhind), that the Board is not taking effective steps for recovery of Environmental Compensation, the Member Secretary, Punjab Pollution Control Board has written a letter no.3280 dated 21.04.2026 to the Principal Secretary to Government of Punjab, Department of Local Government to issue necessary directions to all the Urban Local Bodies in the State to make compliance of the Solid Waste Management Rules 2016 at the earliest and also to deposit the Environmental Compensation with the office of the Punjab Pollution Control Board immediately so as to avoid legal complication and any adverse orders from this Hon'ble Tribunal. A copy of letter no. 3280 dated 21.04.2026 is enclosed as Annexure-A.
7)That out of the total amount of Rs. 86 Lakh imposed towards Environmental Compensation, Municipal Council, Kurali has deposited Rs. 20 Lakh Environmental Compensation with the office of the Punjab Pollution Control Board vide demand draft no.865221 dated 18.02.2026 submitted to the Board vide letter dated 24.02.2026. The Environmental Compensation amounting to Rs. 66 Lakh is yet to be deposited by Municipal Council, Kurali.
8)That in reply to the further observation of this Hon'ble Tribunal as contained in order dated 27.01.2026 to the effect that prosecution has not launched against the concerned officer by the Punjab Pollution Control Board, it is submitted that the Parliament has amended the Environment (Protection) Act, 1986 through Jan Vishwas (Amendment of Provisions) Act, 2023 whereby the punitive provisions have been replaced and substituted with financial penalty. The Board is in the process of filing a complaint before the Adjudicating Officer against Municipal Council, Kurali and its Executive Officer for violation of the provisions of the Solid Waste Management Rules 2016.”
The above disclosure by the PPCB reveals that the environmental compensation has been levied for the violation period upto 31.12.2025.
In view of the above analysis, it is directed that:
The PPCB will take appropriate steps to ascertain the subsequent violation period, if any, and levy the environmental compensation for that violation period also.
The PPCB will take effective steps to recover the remaining environmental compensation which has not been deposited by the Municipal Council, Kurali till now.
On recovery of the EC, the PPCB in coordination with D.C., Ludhiana and DFO, Ludhiana will prepare a restoration plan to remediate the damage caused on account of the illegal dumping of the waste in Municipal Council, Kurali and take steps to get it executed.
The OA is accordingly disposed of.
Prakash Shrivastava, CP Dr. Afroz Ahmad, EM August 13, 2026 Original Application No. 1281/2024 dv