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Judgment
Prayer of the applicant is to relocate high Transmission Electric overhead line of the respondent at least 50 meters away from the Treatment Storage Disposal Facility (TSDF) landfill site at Faridabad, Haryana.
The matter was earlier dealt with by this Tribunal vide order dated 19.02.2021 and the application was disposed of with the observations that there was no tangible material to substantiate the plea raised in the application. On appeal to the Hon'ble Supreme Court, the said order has been set aside and matter remanded for fresh decision.
After order of remand as above, the applicant has filed I.A. No. 179/2021 for placing on record additional documents - survey report dated 07.08.2021 (prepared by Top Survey (India) Pvt. Ltd.) and the guidelines dated April, 2017 issued by the CPCB. Prayer has also been made for amendment of the application to consider relocating the electric lines outside the buffer zone, considering the additional documents. M.A. No. 67/2021 seeks restoration of the Original Application No. 40/2021. M.A. No. 67/2021 and I.A. No. 179/2021 are allowed. The application is restored, amendment is allowed and additional documents taken on record.
We have heard learned Counsel for the applicant. He submits that the applicant is operating TSDF facility but the Power Grid Corporation of India has installed high tension lines in April, 2018 within 200 meters from the buffer zone from the boundary of TSDF required to be maintained under Rule 3(7) and Schedule I of the Solid Waste Management Rules, 2016. Radiation will be emitted by the said process and thus the lines will affect the safety of TSDF and the workers operating it. Issue notice to respondent No. 1. Mr. Ashwarya Sinha, Advocate accepts notice and seeks time to file response. Let the same be done within one month. CPCB may constitute an Expert Committee to examine the issue whether high tension lines in proximity of the TSDF facility will be permissible and viable in view of relied upon guidelines and Rules or otherwise and file its report within three months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
The applicant may furnish a set of papers to the PP and CPCB and file affidavit of compliance within one week.
A copy of this order be forwarded to the CPCB by e-mail for compliance.
List for further consideration on 09.02.2022.