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Judgment
This order will deal with above two matters which relate to violation of Solid Waste Management Rules, 2016 in handling of legacy waste sites in Delhi. O.A No. 288/2022 relates to site at ‘Ghazipur’ landfill site while O.A No. 300/2022 relates to site at ‘Bhalswa’ dump site. The said sites and Okhla site together are three mountains of garbage with more than 3 crore tonnes of unremediated mixed waste to which further unremediated and unsegregated waste continues to be added on account of failure of authorities in Delhi to bridge the gap in waste generation and processing despite series of orders of Hon’ble Supreme Court and this Tribunal in the last 27 years. Huge land of high value is locked up and garbage dumps are constant source of foul smell, hazardous fires, leachate discharge contaminating ground water to the detriment of environment and public health. Media has highlighted public concern in the matter which has led to suo motu proceedings by the Tribunal again.
In O.A No. 288/2022, trigger for suo motu proceedings by the Tribunal was media report that serious hazard to public health and environment was caused by fire of the garbage dump site at Ghazipur in Delhi. It was emitting toxic smoke with potential for airborne diseases in the densely populated area. The dump sites in Delhi are like Time Bombs because they constantly generate explosive gases like methane which may escape through vertical and lateral ways posing constant threat of explosion.
In O.A No. 300/2022 proceedings were initiated in the light of another such media report with regard to Bhalswa Dump Yard in Delhi involving issue of serious hazard to environment and public safety precipitated by fire.
Delhi is Capital of India with Central Government, NCT Government, DDA, Municipal Corporation and other authorities involving over lapping functions. At times authorities have issues of jurisdiction and sources of funding which may perhaps be one of the reasons for unresolved problem, as noted in some of the orders of Hon’ble Supreme Court which we will refer later. Question is what is the way forward in the interest of protection of environment within the jurisdiction of this Tribunal.
Vide order dated 22.04.2022 in O.A No. 288/2022, the Tribunal considered the background of the matter in the light of earlier orders of this Tribunal in OA No. 519/2019 titled “In re: News item published in "The Times of India" Authored by Jasjeev Gandhiok & Paras Singh Titled "Below mountains of trash lie poison lakes" and found it necessary to constitute multi-department Committee of concerned Departments to be headed by a former Judge of the High Court to ascertain facts and suggest way forward. Accordingly, joint Committee headed by Justice S.P. Garg, former Judge, Delhi High Court with members from CPCB, DPCC, Department of Urban Development, Delhi, EDMC, Delhi Disaster Management Authority, District Magistrate and DCP, East Delhi was constituted to undertake visit to the site, interact with the stakeholders, ascertain the factual situation and suggest further course of action.
In O.A No. 300/2022, vide order dated 27.4.2022, the Tribunal asked the Committee already constituted in O.A No. 288/2022 with modification of replacement of EDMC with NDMC and jurisdictional District Magistrates and DCPs for District Magistrates and DCPs of East Delhi to ascertain factual situation in respect of present incident also and suggest further course of action after interaction with the concerned stakeholders.
Both the matters were then considered together order dated 11.10.2022 in light of earlier orders of the Hon’ble Supreme Court and this Tribunal on the subject including orders passed in O.A. No. 519/2019 and O.A. No. 606/2018. The Tribunal also considered the reports dated 31.07.2022 and 21.09.2022 of the joint Committee headed by Justice S.P. Garg (Retd.) on the issue of current status of legacy waste dump sites in Delhi and measures to remediate the same. The Tribunal found that the status reports presented grim picture and an environmental emergency in view of continued emission of methane and other harmful gases adding to the already polluted air quality of Delhi. There was continuous leachate generation contaminating ground water. Health and safety of citizens was at risk. There was failure to follow even minimum standards to prevent fires and maintaining aesthetics. Huge costly public land was occupied by the waste dump sites of which even on conservative estimated value was more than Rs. 10,000 crores. There was continued violation of right of citizens and failure of ‘Public Trust Doctrine’ on the part of Delhi Government and its authorities. Remedial measures were required for which the Tribunal issued directions apart from levying compensation of Rs. 900 crores for past violations on ‘Polluter Pays’ principle. The Tribunal also sought a report from the Committee headed by the Chief Secretary about the compliance status as on 31.12.2022.
In pursuance of above, a status report has been filed on behalf of Delhi Government which in turn refers to separate power point presentation filed in O.A. No. 606/2018. The same has been considered by a separate order passed today in O.A. No. 606/2018. To avoid multiple orders on same issue, we are of the view that these matters stand covered by the said order and thus no separate orders are necessary.
The applications will stand disposed of.