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Judgment
Grievance in this application is against illegal and unscientific dumping of municipal solid waste in Village Meghpur, District Palwal, Haryana, in violation of the Solid Waste Management Rules, 2016 and non-removal of legacy waste as per law. According to the applicant, dumping of waste is also affecting the village pond. The applicant has also referred to earlier orders of this Tribunal dated 10.03.2016 and 19.01.2017 in O.A No. 55/2015 and orders dated 05.01.2018 and 02.08.2018 in O.A No. 96/2017. It is submitted that in spite of the above orders, dumping of municipal solid waste is continuing. The applicant also made a representation dated 29.11.2018 to the Committee constituted by this Tribunal in O.A No. 606/2018, Compliance of Municipal Solid Waste Management Rules-2016. The Committee, vide order dated 04.01.2019, directed the Municipal Council to take action in the matter but no action is being taken.
The matter was dealt with inter alia vide orders dated 12.04.2019, 14.07.2019, 03.06.2021 and finally 28.01.2022. By the last order, the Tribunal considered the report dated 24.12.2021 and report of the Municipal Council, Palwal dated 26.01.2022. The report of the joint Committee found that there were violations. The report of the Municipal Council, Palwal was found to be based on fictitious documents. The Tribunal accordingly held that remedial action for scientific processing of waste was required to be taken apart from taking action for filing false report. Some extracts from the said order are:-
“5. In pursuance of the above, joint Committee has given its report dated 24.12.2021 rejecting the claim of scientific disposal and not recommending it as successful model to be followed elsewhere. The status report and the real compliance status are noted as follows:-
“2.1 Bioremediation of 21000 MT Legacy Waste
Status as per report of MC, Palwal
Real Compliance Status as as on 15.11.2021, as verified by the Joint Committee
There was approximate 21000 Metric Tons of. legacy waste present at the site in question of Municipal Council, Palwal.
Work for Bioremediation and Reclamation of legacy waste was started vide "MC Palwal” office" work order no 5216/MCP dated 04.12.2020 and appx 21000 Metric Ton of legacy waste has been remediated successfully.
The Scientific landfill site is being developed by concerned agency as per work order
At present there is no legacy waste lying at site However, the RDF recovered from the legacy waste was lying at site, which is yet to be disposed off by the MC. Palwal
(Photograph 1 2.3 Annexure – 2)
The representatives of MC, Palwal were requested to provide the details such as log books, quantities and disposal of screened fractions, analysis reports etc. so as to conclude, if the legacy waste has been remediated as per CPCB Guidelines for disposal of legacy Waste. The details are yet to be received from MC, Palwal
The work on development of scientific landfill site
2.2 Status of Dry Wasted Processing Facility:
Status as per report of MC, Palwal
Real Compliance Status as as on 15.11.2021, as verified by the
Joint Committee
Municipal Council has already established 03 MRF. Facility at Allahapur (01 Nos. MRF) and Firojpur (02 Nos. MRF). Total capacity of each
All the three MRF Sites were visited by the Joint Committee and observed
MRF for dry waste storage is about 20 TPD. The dry waste is being segregated in different categories/ fractions on the basis of their use as per solid waste management rules and norms
that:
MRF Site 1/Shed at Allahapur is being used as a Gaushala viz. Moni Baba Ki Gaushala. Cows and their care-takes were found be present there. It was informed by the Care- taker Shri Moni Baba that the site is in use as a Gaushala for the last one year (Photograph 4, 5, 6 of Annexure-2).
The MRF Site 2. at Firozpur (Delhi- Agra Road) is being used as a dump yard for MSW and there is no facility installed for material recovery (Photograph 7, 8. 9 of Annexure-2).
The MRF Site 3 at Firozpur was found to be in operational condition with all the facilities installed. However, it was informed that no waste is coming at site from August 15, 2021, ' since the villagers are protesting against processing of waste at MRF facility. MC has ' made a request to DC, Palwal for providing police protection ((Photograph 10, 11. 12 of Annexure-2).
It appears that MRF sites at Sr. No. 1 and 2 above have never been used as MRF facilities.
2.3 Status of Wet Waste Processing :
Status as per report of MC, Palwal
Real Compliance Status as as on 15.11.2021, as verified by the Joint Committee
The amount of total solid waste generated is 100 TPD approximately within MC Palwal, in which total Quantity of collected Dry waste is 60 TPD approximately and total quantity of collected wet waste is 40 TPD approximately. presently there are 217 composite pit for processing of wet waste within MC Palwal limit which are being used for composting of wet waste
70 Nos. Compost Pits at MRF Site 3 (Firozpur) were found to be in operational condition. However, no wet waste was being processed at the time of visit.
It was informed that no waste is not coming at site from August 15, 2021, since the Villagers are protesting against MC and not allowing the MC to bring the waste at MRF Site. MC has made request to DC, Palwal for providing police protection (Photograph 13, 14 of Annexure-2).
No Compost Pits at MRF Site 2 (Firozpur) were found to be in operational condition, since this MRF facility was found to be used as a dump yard.
No Compost Pits at MRF Site 1 (Allahapur) were found to be in operational condition, since this MRF facility was found to be used as a Gaushala.
Status as per report of MC, Palwal
Real Compliance Status as as on 15.11.2021, as verified by the
Joint Committee
Presently, 100%
door
to
door
collection
is
The joint committee visited Ward No.
25, 26 and 27 to find the real staus.
It was observed that waste was lying here & there and seems to have not collected for days. The waste was found to be dumped at various places and also in drains. (Photograph 15, 16, 17, 18 of Annexure -2)
Door to door collection was not found to happening at ground
being carried out by MC Palwal in all 31 wards including commercial and public areas.
2 . 5 . Other observations of the Joint Committee :
It was observed that while MC, Palwal has processed and disposed off all 21000 MT legacy waste at site, under question, another dumping site at Road side at Allahapur, near bridge has been created. It was informed by the representatives of MC, Palwal that since the villagers are raising objections and protesting against processing of MSW at the only operational MRF facility at Firozpur, all the MSW is being dumped at this site from August 25, 2021 onwards. Around 10000 MT waste has already been dumped at this site. If this issue is not resolved, this site will become another legacy waste site in Palwal (Photograph 19, 20, 21, 22 of Annexure-2.)
This joint Committee was constituted by Hon'ble NGT to find the real compliance status so that if the project is found successful, its replication at other places may also be explored. The Joint Committee did not find anything which could be replicated at other Places. The Municipal Council, Palwal is required to prepare a realistic and implementable Action Plan with defined timelines, to ensure the compliance of Municipal Solid Waste Management Rules.”
However, the Municipal Council, Palwal has filed its further report dated 26.01.2022reiterating its claim based on the documents annexed, including the logbooks, as Annexure R-4. We find the said record to be prima facie fictitious and unreliable. Frequency and time lag in use of same vehicles is almost impossible. The same is reproduced below for ready reference:-
xxx………………………..…..xxx………………………………..xxx
It is a matter of great regret that on the face of it the document is false and based on imagination and not on reality. By way of example, it is seen that same Vehicle(s)no. 6958 is said to have been continuously loadedwithin short gap of around 10 minutes repeatedly with heavy amount of waste, which is practically impossible. Same appears to be the position of other vehicles. The authorities do not seem to be applying their mind and are content with hiring some agency who may be preparing fake record, with no check.
Apart from above, there still appears to be remaining residual wastewhich has not been accounted for by mentioning further processing.It is not clear how utilization of stabilized waste is to be made. The Municipal Council, Palwal requires proper guidance and the technical assistance to resolve this issue. We recall observations in OA No. 1011/2018,Jagdish Kumar vs. State of Haryana, vide order dated 23.09.2021 that many Municipal Corporations/Municipalities in the State have been struggling to remediate the legacy waste. The said observations are reproduced below:
xxx……………………………….xxx…………………………………………xxx
In view of the above, the State Government needs to take steps to provide technical guidance to authorities in Districts so as to ensure that the entire remediation process of bio-mining as well as setting up of waste processing plants is in accordance with the MSW Rules and the Guidelines of CPCB.
Accordingly, we direct Secretary, Urban Development with assistance of State PCB and Regional Officer, CPCB (as a Special invitee) to look into the matter and take remedial action, including action for preparation and filing false report. The Secretary, Urban Development may call a meeting in the matter within one month and conclude the action to be taken within one month thereafter. The State PCB may assess and recover compensation for the violations from the concerned violators. The status of action taken as on 30. 04.2022may be furnished to this Tribunal before the next date.”
In pursuance of above, further reports have been filed by the State and the State PCB dated 31.10.2022. The report filed on behalf of the State is that Commissioner, Municipal Council, Palwal has taken certain steps and has been directed to take further steps. Remediation of 2100MT of legacy waste has taken place. Out of estimated 2526 of RDF, recovered RDF of 2098 MT has been routed to different users. Link of bio-earth and C&D waste facilities could not be established with actual utilization chain. The report of the State PCB is that it has levied compensation of Rs. 4.21 crores against the Municipal Council for the violations though time period for recovering the levied environmental compensation is not given.
The applicant has however opposed the said reports by submitting that the waste has still not been removed and the water body has not been revived.
While we take the record from report, we find it necessary to direct that the compliance may be duly monitored by Chief Secretary, Haryana as per earlier directions. Municipal Council, Palwal may ensure that compost pits are properly operated. It may carry out audit of material. No further legacy waste be created.
We regretfully note that no action has been taken against the filing of false record by the Municipal Council, Palwal as per directions of the Tribunal. The Secretary, Urban Development, who was directed to take remedial action has failed to give any report on this aspect and seems to have simply ignored the order of the Tribunal which may amount to criminal offence under section 26 of the NGT Act apart from being serious dereliction of duty on his part. Let the Chief Secretary, Haryana look into this matter and ensure compliance of directions of this Tribunal dated 28.01.2022, after seeking explanation of the Principal Secretary, Urban Development for such unexplained failure and dereliction of duty.
The Application is disposed of.
A copy of this order be forwarded to the Chief Secretary, Haryana by email for compliance.