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Judgment
Grievance in this application is against unscientific dumping of waste on the land allotted for Solid Waste Management project at village Jhuriwala, Panchkula, Haryana.
According to the applicant, the site in question is 140 meters away from Khol-Hai-Raitan Wildlife Sanctuary. On that account, safeguards are necessary to avoid negative impact of landfill on the ground water. In the 36th meeting of the Standing Committee of National Board for Wildlife held on 04.11.2015, it was decided as follows:-
"36.4.2.4 Proposal for setting up of Solid Waste Management Project at village Jhuriwala in Panchkula District, Haryana.
The member secretary briefed the Committee on the proposal. He mentioned that the proposal is for setting up of Solid Waste Management Project at Village Jhuriwala, Panchkula, Haryana. The proposed site is 140 mtrs from the Khol-Hai-Raitan Wildlife Sanctuary. The user agency explained that the project involves composting and land filling. The Committee members suggested that the landfill site be located away from the current location as it will be a source of diseases for the human beings and wildlife.
After discussions, the Committee decided to defer the proposal. Project proponents may provide further information on how the negative impact of the landfill on the ground water and ambient environment will be mitigated."
Further decision was taken in the meeting of the Standing Committee dated 26.02.2016, as follows:-
"36.4.2.4 Proposal for setting up of Solid Waste Management Project at village Jhuriwala in Panchkula District, Haryana.
IG WL briefed that the proposal was deferred in the 36th meeting for the information on how the negative impact of the landfill on the ground water and ambient environment. The Chairman asked the user agency to present the proposed mitigation measures for preventing the ground water pollution and ambient environment. The user agency presented the engineering construction measures for composting of municipal solid waste, landfill of inert waste and leachate handling, transportation through pipeline and treatment in Common Effluent Treatment Plant which is away from the site.
Considering that arrangements are in place for ensuring that the leachates do not pollute the ground water and composting of biodegradable waste is also ensured, the Committee agreed to recommend the proposal with the following conditions in addition to those proposed by Chief Wildlife Warden in the proposal and SBWL, to be made part of EC clearance.
The landfill for inert waste will be based on the standard design and will be covered.
Adequate water harvesting structure will be created in the Khol Hai Ratan WLS for providing sustained water and fodder to the wild life within the PA. The cost will be borne by the project proponent."
It is stated that in breach of understanding given while taking the EC, steps are not being taken for composting of municipal solid waste, landfill being limited to inert waste, transportation through pipeline and treatment in Common Effluent Treatment Plant. The Municipal Corporation, Panchkula has been dumping all kinds waste at the project site in violation of conditions on the basis of which the NBWL permitted the project.
In support of his case, the applicant has relied upon photographs and news item dated 09.08.2021 in The Times of India titled "Residents fume as MC turns Jhuriwala forest area in Panchkula into dumping ground". The news item states that the Solid Waste Management Plant site is being used as a dumping ground illegally. The news item mentions that though the Speaker Haryana Assembly, who is the local MLA announced in a public meeting that 600 tonne garbage lying in the Sector 23 dumping ground would be processed and the area would be turned into a park, no such step has been taken.
We have considered the matter. We are of the opinion that the issue needs to be first considered by a joint Committee of statutory regulators - CPCB, State PCB and Chief Wildlife Warden, Haryana. Chief Wildlife Warden, Haryana will be the nodal agency for coordination and compliance. The Committee may hold its first meeting within 15 days, undertake visit to the site, interact with the Stakeholders and take remedial action in exercise of their statutory powers, following due process of law. It will be open to conduct meetings online, except the site visit.
A copy of this order be forwarded to CPCB, State PCB and Chief Wildlife Warden, Haryana by e-mail for compliance.
The applicant may provide copy of this order along with set of documents to CPCB, State PCB, Chief Wildlife Warden, Haryana and file affidavit of service within one week.
The application is disposed of.
In view of order in the main matter, I.A. No. 170/2021 also stands disposed of.