The Chhattisgarh High Court passed certain direction and disposed of a Public Interest Litigation (PIL) filed seeking inspection of all records as to the arrangements made, and hygienic problems posed by improper disposal of solid waste by the Raipur Municipal Corporation at village Sakri, Janpad Panchayat-Dharsiwa.
The PIL further prayed for :-
-to direct the respondent Municipal Corporation to shift the dumping site from Sakri to some other place, which is away from the residential premises.
-to direct the respondent Municipal Corporation to immediately stop the dumping MSW unless and until, the composting plant and RDF plant are made operational.
-to direct the respondent Municipal Corporation to immediately move the dumped solid waste from the Sakri to such other place where the solid waste can be processed and minimum damage is made to the environment.
-to direct the respondent Municipal Corporation and other state authorities to comply with the Solid Waste Management Rules, 2016 in its true letter and spirit.
Surya Kawalkar Dangi , counsel for the petitioners submitted that the petitioners submitted that the petitioners are constrained to approach this Court because of the atrocious action being pursued by the Municipal Corporation in dumping solid waste in the village of Sakri, without any regard to the relevant provisions of law or taking effective steps for proper waste disposal in terms of the Solid Waste Management Rules, 2016.
The counsel for the petitioners further submitted that the solid waste cannot be dumped as now sought to be pursued by the Municipality and that the same has to be segregated as envisaged under the Rules. That apart, dumping of the waste can only be under exceptional circumstances, when the plant set up in this regard is not working or when there is a national calamity. It is also pointed out that the Municipality was dumping the waste elsewhere, till recently, and by virtue of the interference of this Court (at the instance of some other litigant who approached this Court pro bono publico), the dumping site has been changed and that’s all.
The counsel for the petitioners highlights the poor plight of the local inhabitants, whose residential premises are situated close to the ‘dumping site’ allotted by the State Government to the Municipal Corporation, stated as a temporary measure, pending construction of the plant for solid waste management, where the solid wastes are brought and dumped without even satisfying the requirements pointed out by the Environment Conservation Board of the State. The residential colony is stated as situated within a range of 50 metres from the dumping site and that there is a water body within a radius of 200 metres. This by itself involves clear violation of the statutory prescriptions. If this be the position, under what circumstances was the site identified by the State and given to the Municipality to be used as a ‘dumping site’, is a matter to be investigated.
Sudeep Agrawal, counsel, appearing for respondent No.5 (Raipur Municipal Corporation) submits that an affidavit has been filed on 09.08.2023, which has already been taken on record. He also submits that all endeavours are being made by respondent No.5 to strictly adhere to the Solid Waste Management Rules 2016 in its true letter and spirit. He further submits that consent to establish was granted for Composting Plant Capacity 50 TPD and for RDF Plant Capacity 300 TPD by the Chhattisgarh Environment Conservation Board on 26.11.2018 and thereafter consent to operate was granted on 09.06.2021 and subsequently it was renewed from 11.06.2021 to 31.05.2024. The criteria for site selection for Sanitary Landfills has been done in accordance with the Rules of 2016 and more so in the year 2017 itself, it has been informed to the Municipal Corporation, Raipur by the Civil Aviation Department, New Delhi that NOC is not required from their office. As per Schedule-I of the Rules of 2016, the criteria for land filling operations and closure is being done strictly in accordance with Rules, 2016. The waste collected in the Sanatory Landfills are compacted by use of heavy compactors and thereafter a thin layer of soil is being spread all over it .
It is further submitted that at regular intervals water quality monitoring is being done and the samples of water are collected on periodic basis and thereafter it is being sent to Qualissure Laboratory Services, Kolkata, West Bengal which is a duly approved laboratory by National Accreditation Board. In the aforesaid water test samples, it has been clearly found that there is no contamination of water. Further as per the criteria laid down for ambient air quality monitoring as per the Rules of 2016, regular testing is being done by the Qualissure Laboratory Services, Kolkata, West Bengal. That the air quality monitoring is conducted every 03 months and all the test reports conclusively prove that the air quality is of standard level. Regular noise control tests are also being carried out from the National Accreditation Board Laboratory and also a dense / thick level of plantation has been done near the landfill site and as per the Rules of 2016. He further submits that following steps would be taken by the Municipal Corporation, Raipur without any demur :-
(i) That sincere constant efforts would be undertaken by the Municipal Corporation, Raipur to plant more and more trees in the green belt area in the vicinity of the Municipal Solid Waste Processing and Disposal Facility Plant.
(ii) That efforts would be undertaken to re-use collected waste in a more effective and efficient manner. The plastic waste would be segregated quality wise and colour wise and thereafter plastic granules would be made which can be effectively used by the plastic industry once again.
(iii) It is also submitted that air and water quality monitoring should be done on a regular basis without any obstacle so that the Rules of 2016 are followed scrupulously.
(iv) That, in order to overcome the smell/odour in the Solid Waste Processing in Disposal Plant, regular spraying of lemon grass oil would be done.
(v) It is further submitted that all bonafide steps would be taken to keep the landfills site clean and proper and further all steps would be taken to segregate the waste in a proper and scientific manner in order to avoid any unforeseen circumstances.
He also respectfully submitted that instant Public Interest Litigation (PIL) is not an adversarial form of litigation therefore the answering respondent is ready and willing to abide by each and every direction which the Court may issue in the interest of justice.
While considering the PIL , the Division Bench of Chief Justice Ramesh Sinha and Justice N.K. Chandravanshi noted that though it is not an adversarial litigation but a petition filed for the benefit of the public at large, from perusal of the return filed by the respondents, especially the respondent No. 5, it is apparent that though the Municipal Corporation, Raipur, is taking measures for curbing the menace of solid waste by disposing the garbage collected and dumped at dumping yard, Sakri as per the Rules of 2016, the same appears to be inadequate. Trees are being planted and the respondent-Municipal Corporation has assured this Court through their return that all the necessary steps would be taken for recycling the wastes, regular air and water quality monitoring would be done on regular basis and lemon grass oil would be sprayed for overcoming the smell/odour emitting from the Disposal plant and further steps would be taken to keep the landfills site clean and proper.
Considering the aforesaid submissions made by counsel for the parties, the Bench disposed of the petition with following directions :
(i) The respondent-Corporation shall follow the Rules of 2016 in its letter and spirit for disposal of the solid waste / garbagge so that no inconvenience is caused to the inhabitants of the locality.
(ii) Samples of water and air shall be collected periodically to ensure that there is no spillage of any effluent/toxic substance in the air and water bodies in the vicinity.
(iii) Efforts should be made for recycling of maximum solid wastes.
(iv) For disposal of solid wastes, latest and scientific methods may be adopted.
(v) Regular health checkup camps may be held for the residents of the locality to ensure that the dumping site is not causing any hazardous health effects.