The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the eruption of a massive fire at Ghazipur landfill site in East Delhi.
The Petition is registered suo-moto on the basis of the news item appearing in the daily newspaper dated 21.04.2024.
As per the article, fire erupted in the evening of 20th/21st April, 2024 and till the time of publication of the news item, efforts were underway to douse the fire.
The news item also mentions that in spite of a promise to clear the Ghazipur landfill site by December 31 previous year, the Government has failed to fulfil its commitment.
It also discloses that due to the landfill fire, smoke has engulfed the entire area and causing inconvenience to the residents.
It discloses that the Ghazipur landfill site has been a long-standing environmental concern, reaching a towering height of 65 meters by 2019, just eight meters shorter than the iconic Qutub Minar.
The news item also discloses that in the previous years also such incidents had taken place.
The item raises substantial issue relating to compliance of environmental norms and implementation of the provisions of the Scheduled enactment.
The similar fire had taken place earlier also in Ghazipur landfill site in 2022. Hence, on the basis of the media report, Tribunal in suo motu exercise of power had registered application in 2022 and that application along with connected application was disposed of by order dated 16.02.2023.
In spite of the aforesaid order, there is no improvement in the situation and such fire incidents at landfill site are still taken place. Hence, the Principal Bench of Justice Prakash Shrivastava and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(1). Delhi Pollution Control Committee through its Member Secretary.
(2). Municipal Corporation of Delhi through its Commissioner.
(3). District Magistrate/District Collector, East Delhi.
(4). Central Pollution Control Board through its Member Secretary.
There is continuous violation of not clearing the landfill site of Ghazipur till now.
Hence, the NGT had put a question to the Counsel for DPCC as to why action for imposition of Environmental Compensation (EC) for continuous violation of environmental norms has not been taken.
The Counsel appearing for DPCC, on instructions Law Officer, DPCC, has submitted that an amendment in the Environment (Protection) Act, 1986 has come into force with effect from 01.04.2024 and in terms of newly inserted Sections after Section 14, now the determination of penalty is to be done by a separate committee and the rules in this regard are yet to be framed therefore the mechanism provided by the amendment has not been set up. In view of this, he has submitted that now DPCC does not have any power to levy environmental compensation.
Having regard to the issue involved in the matter, the NGT directed all the respondents to file their report/response within five weeks.
The Bench issued notice to CPCB- Respondent No. 4 for examining the issue of levy of environmental compensation on continuous violation on the persons/authority responsible for the same and also to submit the report before the Tribunal within five weeks and listed the matter on 09.08.2024.