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Judgment
Grievance in this application is against siting of landfill for processing solid waste generated in Faridabad at Riwajpur in the village Tikawali, Sector 89, Faridabad. It is stated that the applicant is residing in the vicinity of the site. As per Solid Waste Management Rules, 2016 (SWM Rules), buffer zone has to be developed around the solid waste processing site which has not been done. Distance of 200 mtrs. has to be maintained from habitation, public parks and water supply wells which has not been done. There are 70-100 plots in the vicinity allotted by the Haryana Government under the Mahatma Gramin Basti Yojna. Village Tikawali has population of about 1 lakh. Such site there will deteriorate the environment and affect fertility of the land. The applicant made representation dated 24.04.2023 to Municipal Corporation, Faridabad pointing out that location of the site is in proximity to schools, hospitals and habitations which will result in reduced oxygen level and expose children, senior citizens and patients to toxic gases.
We have heard learned Counsel for the applicant and considered the matter.
This application has been moved in a pending matter dealing with issue of disposal of legacy municipal solid waste at Bandhwari Landfill site at Gurugram where about 33 lakhs Metric tonnes of waste has been dumped since years by Municipal Corporations of Gurgaon and Faridabad. In the said matter, directions have been issued for remediation of such waste. Progress was reviewed last vide order dated 30.01.2023. After considering the progress, further directions were issued including oversight of Committee headed by Chief Secretary, Haryana.
The issue of Waste Management is directly linked to environment and public health. Thus, all possible precautions are required to be taken in handling waste. As far as possible waste should be remediated closest to the point of generation. Segregation of bio-degradable waste at source has to be ensured and such waste has to be processed nearest to the point of generation in scientific manner such as composting. Associated problems of hygiene have to be duly managed. Non bio-degradable waste has to be taken to its end destination for re-cycling or re-use. If this happens, apprehensions of inhabitants can be largely addressed. We have already issued directions to this effect to all States/UTs by several orders in O.A. No. 606/2018, Compliance of Solid Waste Management Rules, 2016.
At the same time, there cannot be obstruction of waste management processes on technicality. Opposition is bound to be raised at every location. Administration has to be free play in joints. The Tribunal may not be best suited to select a site. In urban area, every location will have habitations and other establishments. Thus, only solution is scientific handling and not storing of waste, taking the residents on board in the endeavour. State Authorities have to ensure that in the process of waste handling public health does not become a casualty and all necessary precautions are taken.
Approach of the Tribunal in such matters is shown by a recent order in the context of proposed waste dumping site in Sector 102 A, Gurgaon, vide order dated 17.01.2023 in O.A. No. 49/2023, Virender Singh vs. State of Haryana & Ors. which has been annexed to the present application as Annexure-A1. The observations therein are quoted below for ready reference:-
“6. We accordingly dispose of this application with the observation that if the applicant makes a representation within one week bringing out all relevant facts and available alternatives, decision thereon may be taken by a joint Committee of Municipal Corporation of Gurugram (MCG), Gurugram Metropolitan Development Authority (GMDA), Deputy Commissioner, Gurgaon and State PCB expeditiously, preferably within one month. State PCB will be the nodal agency for compliance. The Committee may consider the matter as per provisions of Solid Waste Management Rules, 2016 which require that the waste generated is to be duly processed and only landfillable waste is brought to the landfill site. Whichever is the location of such site, aesthetics and hygiene must be maintained. Steps for the purpose will include fencing of the site by trees/shrubs/fencing wall, control of odour, covering of vehicle used for transportation etc. Such steps need to be overseen at appropriate higher level in the administration with availability of public redressal mechanism, including through an appropriate app. Third party credible audit provision must also be incorporated in larger public interest.”
In view of above, we dispose of I.A. Nos. 453 and 454/2023 with a direction that the issue may be looked into by joint Committee of Municipal Corporation, Faridabad, Deputy Commissioner, Faridabad and State PCB. State CPB will be the nodal agency for coordination and compliance.
A copy of this order be forwarded to Municipal Corporation, Faridabad, Deputy Commissioner, Faridabad and State PCB by e-mail for compliance.