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Judgment
The main application is filed for a direction against the 1st respondent - the District Environmental Engineer, Tamil Nadu Pollution Control Board, Coimbatore South to initiate appropriate action against the 2nd respondent - the Executive Officer, Perur Town Panchayat as per the provisions of Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 for illegal dumping and burning of garbage in Survey No.161/2, Perur Village.
M.A.No.185 of 2016 is filed by the original applicant under Section 26 of the NGT Act for disobeying the order of this Tribunal dated 11.8.2016 directing the 2nd respondent not to dump or burn garbage in Survey No.161/2, Perur Village.
The Executive Officer of the 2nd respondent - Town Panchayat is present in court. An affidavit dated 18.4.2017 has been filed by the Executive Officer copy of which has been served to the learned counsel appearing for the applicant. In the affidavit it is stated that immediately after coming to know about the order of this Tribunal, dumping was stopped and steps are being taken for the removal of garbage and disposal of the same as per the rules. It is stated that it took some time to complete the removal of the entire garbage which was around 1,000 MT after finding an alternative site as per the G.O.(D).No.646 dated 2.11.2015 and the entire garbage has been cleared from the place where the garbage was earlier dumped.
The affidavit also states the method which is being adopted for collection and disposal of garbage in the 2nd respondent panchayat as follows:
"a)Primary collection of (segregated) biodegradable and non-biodegradable waste from the doorstep, (including slums and squatter areas) at pre-informed timings regularly using containerized tri-cycle/hand carts/pick up vans.
b) Street sweeping covering all the residential and commercial areas on all the days of the year irrespective of sundays and public holidays.
c) Abolition of open waste storage depots and provision of covered containers or closed body waste storage depots in floating population areas.
d) Transportation of waste in covered vehicles on a day to day basis.
e) Treatment of biodegradable waste using composting, vermin compost/bio methonisation plant.
f) Minimizing the waste going to scientifically engineered landfills (SLFs) and dispose of only rejects from the processing plants and inert material at the landfills as per the standards laid down in the rules."
The learned counsel appearing for the applicant would submit that in as much as the 2nd respondent Panchayat has taken appropriate steps in accordance with the rules for the purpose of disposal of garbage and burning of garbage has been stopped, recording the affidavit, the application may be closed.
Accordingly, recording the contents of the affidavit filed by the 2nd respondent - Panchayat as elicited above, the application stands disposed of. There shall be no order as to cost.
However, we make it clear that the 2nd respondent shall act in accordance with the terms and conditions contemplated in the said affidavit and the 2nd respondent Panchayat shall take all earnest steps to prevent throwing of garbage by any person and take appropriate action in the event of pollution in accordance with the Solid Waste Management Rules, 2016 and strictly follow the provisions of scientific collection, segregation and disposal of solid waste generated in the limits of the Panchayat under the aforesaid rules.