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Judgment
This order will deal with two applications filed on same issue by same person. OA No. 25/2023 was first registered on the basis of a letter. Thereafter, OA No. 75/2023 was filed as per normal procedure. Thus, OA No. 25/2023 will stand disposed of as superfluous and the issue can be considered in OA No. 75/2023.
Grievance in the application is against use of land adjoining to the land of the applicant in village Jagjeevanpur, Paragna Jalalabad, Tehsil & District Ghaziabad, Uttar Pradesh by the Ghaziabad Municipal Corporation (GMC) for dumping of solid waste. Like any other waste dump, toxic gases are released from there affecting the applicant who is also providing shelter to the animals, who will also be adversely affected.
We have heard learned Counsel for the applicant and considered the matter. Our attention has been drawn to the photographs annexed to the application showing dumped waste. It is submitted that such dumping is in violation of Rules on the subject.
While generation of waste cannot be wished away, the same has to be scientifically handled as per Solid Waste Management Rules, 2016 framed under the EP Act, 1986. As per one of the documents annexed (report dated 25.08.2022 submitted by City Health Officer to the District Magistrate), waste is being buried scientifically and no activities is being done which may be harmful for health. At the same time, under rule 15(v) read with para A(iii) of Schedule I appended to the Rules, the local authorities have to prepare a solid waste management plan for collection of segregated waste and its processing by way of bio-methanation, microbial composting, vermin-composting, anaerobic digestion or any other appropriate processing for bio-stabilisation of bio-degradable wastes and waste to energy processes, including refused derived fuel for combustible fraction of waste or supply as feedstock to solid waste based power plants or cement kilns. Dumping can be only of residual part after processing. The photographs suggest that unprocessed waste is being dumped which needs to be verified by the Ghaziabad Nagar Nigam and remedial action taken. Ghaziabad Nagar Nigam may give an action taken report to this Tribunal on or before 15.03.2023 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF with factual status of area of land occupied, quantity of waste already deposited (legacy waste) at the site, current quantity of waste being dumped per day, status of waste processing facility and authorization under the Rules. If found necessary, the report may be placed before the bench for further directions.
Subject to above directions, the application is disposed of.
Copy of this order be forwarded to Ghaziabad Nagar Nigam by email for compliance. The applicant may serve a copy of application on Ghaziabad Nagar Nigam and file an affidavit of service within one week.