The National Green Tribunal (NGT) took Suo Motu cognizance of the issue relating to improper management and disposal of Construction and Demolition (C&D) waste in Bengaluru.
The application is registered suo motu on the basis of the news item dated 16.12.2023. The news item raises a serious issue relating to improper management and disposal of C&D waste in Bengaluru.
According to the news item, Bengaluru produces 2,500 – 3,000 tons of construction waste daily which includes cement and concrete waste from buildings and roads, mud, wood, ceramic items, tiles and other material.
The Municipal Body i.e. Bruhat Bengaluru Mahanagara Palike (BBMP) is responsible for implementation of Construction and Demolition (C&D) Waste Management Rules, 2016 which places an onus of disposing of construction debris upon the persons or entities who generate it. Report mentions that since many of the buildings demolished are old which have used bricks and mortar, therefore, mud forms a large part of the waste which is the most problematic element as it cannot be sent to any recycling unit and it must be used to fill lands. The report further reveals that waste includes tiles, cement, wooden doors, etc. which gets mixed up into mud waste and goes to landfill and that the extraction of ceramic items is not separated, therefore, they do not get recycled. The issue of lack of aggregation centers has also been raised in the report.
The news item raises substantial issues relating to compliance of the environmental norms, especially implementation of the provisions of Scheduled enactments.
“Power of the Tribunal to take up the matter in suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Thus, the NGT impleaded following as respondents
i. Bruhat Bengaluru Mahanagara Palike through its Commissioner.
ii. Deputy Commissioner and District Magistrate, Bengaluru.
Since the matter relates to the Southern Zone Bench, Chennai, therefore, the Principal Bench of Justice Prakash Shrivastava and Dr. Senthil Vel transferred the matter to the said Bench for further appropriate action. The Court directed that the matter be listed before the Southern Zone Bench at Chennai on 20.03.2024.