Tribunals and CommissionsDivision Bench(2022) 02 NGT CK 0055

Vivek Kamboj & Ors vs Union of India & Ors

National Green Tribunal · Decided on 21 February 2022

HON’BLE JUDGES
Brijesh Sethi, JM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 136 Of 2022

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Judgment

3 paragraphs · 368 words
1.

The applicants have filed the present application under Section 14, 15 read with Section 20 of the National Green Tribunal Act, 2010 regarding non-compliance of the provisions of SWM Rules, 2016 with regard to non-segregation of waste by waste generators and the absence of in-situ composting. It is submitted that the local authorities have also failed to ensure compliance of the SWM Rules, 2016 and take necessary actions against the waste generators. It is further submitted that 2016 Rules mandate by casting a duty upon every waste generators to segregate wastes and ensure proper disposal. It also puts an obligation on resident welfare, market association, gated communities, institutions and hotels to process, treat and dispose biodegradable wastes through composting or bio-remediation on its own premise to reduce the excess stress on the landfills. It is further submitted by the applicants that there are 28 bulk waste generators identified in Gurugram out of which 26 has been identified by the Swachh Bharat Mission. It is further submitted that the Swacch Bharat Mission in Municipal Corporation, Gurugram (hereinafter referred to as "MCG") provided with a list of 26 Bulk Waste Generators who are fervently violating the provisions of the SWM Rules, 2016 by not segregating wastes and composting biodegradable wastes on site. It is further submitted that despite being fully aware of the non-compliance by the 28 bulk waste generators, notice has been issued to only three BWGs. However, till date there is no compliance on the part of the bulk waste generators and also no necessary action has been taken by the MCG to check the grave environment degradation. It is further submitted that non-segregation of waste at source and the absence of in situ composting, is causing widespread land and water pollution along with increasing the stress on Bandhwari landfill, which in turn has contaminated groundwater of nearby 5 villages namely, Bandhwari, Mandi, Manger, Baliwas and Gwal Pahari, thereby causing widespread environmental degradation and health hazards to humans and wildlife.

2.

In view of the above grievance the Gurugram Municipal Corporation is directed to look into the grievance of the applicants and take appropriate action in accordance with law following due process.

The application stands disposed of.