Manoj Kumar vs State of U.P. & Ors.

Grievance in this application is against setting up of the waste disposal site at Galand Village of Hapur District, UP to dump garbage of Ghaziabad. According to the applicant, the location of the site is not appropriate and there are other options available with the Administration. There is an educational institution in the vicinity and such site will adversely affect the children and other inhabitants.

The applicant has referred to order of this Tribunal dated 06.09.2022 in O.A No. 909/2018, Confederation of Trans Hindan RWA’s Ghaziabad v. U.P State Pollution Control Board & Ors., whereby the Tribunal dealt with the issue of waste management at Ghaziabad for which site in question was to be used at Galand village. Relevant extracts from the order are as follows:-

“Report of GDA

Further, latest report of the Ghaziabad Development Authority dated 02.08.2022 is as follows:-

xxx……………………………xxx…………………………………….xxx

As per the directions of Hon'ble National Green Tribunal, the Ghaziabad Development Authority has made full payment of the said Rs.308.00 lakh to the Ghaziabad Nagar Nigam. It is to be informed that about 33.108 acres of land has been transferred to the Ghaziabad Nagar Nigam by the authority for setting up of dumping site and garbage disposal plant in Galand Village for disposal of garbage of Indirapuram scheme and 2 km of double lane approach road has been constructed at the site. The construction work has also been done by the authority. So far, the Ghaziabad Nagar Nigam has not set up a waste disposal plant at the above permanent dumping site, Galand Village. Therefore, at present also the waste of Indirapuram scheme is being dumped in a part of the said temporary dumping site.

It is to be informed that the Ghaziabad Nagar Nigam had made a demand of Rs 1,54,20,000.00 for the disposal of legacy waste dumped from date 21.10.2020 to 31.03.2022. Out of the above amount, Rs. 50.00 lakh has been paid by the Ghaziabad Development Authority as advance amount to the Ghaziabad Nagar Nigam. Remaining amount of Rs,.1,04,20,000.00 will be paid by the authority in relation to the work done by the Ghaziabad Nagar Nigam.

Paras 8 to 12 xxx…………………………xxx…………………….……….xxx

… For solid waste management, one site measuring 33.108 acres at Galand Village and the waste to the extent of 20,000 MT is being deposited at pipeline road. ”

The Tribunal directed the Divisional Commissioner, Ghaziabad to monitor compliance of norms on monthly basis in coordination with Ghaziabad Development Authority which is to be further reviewed by Additional Chief Secretary, Urban Development, U.P on bimonthly basis. Since the Tribunal has already incorporated safeguards of oversight by senior officers, it does not appear to be necessary to monitor compliance of norms in the matter of selection of site out of the available alternatives. Moreover, there is nothing to show violations of any statutory rules.

The Application is accordingly disposed of with liberty to the applicant to represent to the concerned authorities with any further appropriate suggestions or grievance which may be duly considered in accordance with law.