Item No. 18

BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

Original Application No. 99 of 2017 (SZ)

IN THE MATTER OF:

R. Dinesh ...Applicant

WITH

The Gopichettipalayam Municipality, Represented by its Commissioner, Gopichettipalayam and Others. ... Respondent(s)

Date of hearing: 19.12.2019

CORAM: HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER

HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

For Applicant(s): None.

For Respondent(s): M/s. E. Manoharan for R1, R2 M/s. S. Bageerathan for C. Kasirajan for R3

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ORDER

Learned counsel for the municipality wants to file a further reply showing the present status of the dumping ground. The grievance in this petition is regarding illegal dumping of garbage in the present dumping site and unscientific disposal of the same in violation of the Solid Based

Management 2000 then existed.

According to the petitioner, this has caused air and water pollution and the petition has been filed seeking the following reliefs:-

a) Respondent No.1 to cease the dumping of waste at the site

comprised in T.S.No.2, Block 5, Ward-D of

municipality.

b) Respondents No.1 to 3 to remediate the site comprised in

T.S.No.2, Block 5, Ward D of Gobichettipalayam Municipality,

restore it to its previous pristine state including remediation of

ground water and soil.

c) Direct the third respondent to initiate prosecution under the

Environment (Protection) Act, 1986, Water (Prevention and

Control of Pollution) Act, 1974 and Air (Prevention and

Control of Pollution) Act, 1981 for violations committed by

them.

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First respondent municipality has submitted in their reply statement stating that in the year 2014, a land having an extent of 6.77 acres comprised in survey No.185 situate at Modachur area, 3.5 Kms away from town was selected and it was received after transfer of land from the government.

Permission from the State Pollution Control Board was obtained for setting Compost Yard in that place on 08.03.2014 since the same was objected by the villagers, the proposal was dropped. The land in question having an extent of 1.89 acres in S.No.3, Block 5, Ward - D is being used by the municipality as compost yard more than 15 years. Since this was insufficient to meet the requirement on account of increase in population and garbage generation, land having an extent of 16 acres which is 8 KM away from the town situated in Naathipalayam Village was purchased in the year

2005 and appropriate steps were taken for setting up a Compost Yard and that was also objected by the villagers and then it was dropped.

They have further stated that there is no dumping of medical waste and medical waste is being collected by one M/s. Ramkey Agency, Salem and the construction wastes were also not dumped in that area and they were also collecting fine amount from those shop owners who are generating the plastic waste etc., and now the usage of plastic in that area was reduced.

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It is also mentioned that they are taking all steps to remove the existing waste in the disputed area by constructing a compost yard for which detailed project report is being prepared.

Third respondent / Tamil Nadu State Pollution Control Board had submitted reply statement stating that permission was granted to the first respondent municipality for operating municipal compost unit and the same was granted for a place suggested by them in the year 2003 in S.No.137 of

Nadhipalayam Village, Gopichettipalayam Taluk, District and later they informed that the project was dropped and applied for another area in S.F.

No.192/1, 193 with total extent of land of 9.25 acres at Sriruvallur Village,

Gobichettipalayam Taluk and the same was granted as per proceeding vide

Letter No.5630/2000/ZF2 dated 18.05.2004. The municipal authorities have informed that due to objection from the local people, that proposal also dropped and they identified another area in S.F. No.134A, 134B of Modachur

Village, and submitted a letter dated 01.09.2009.

No Objection Certificate (NOC) was issued by proceedings dated

08.03.2010 subject to the following conditions:-

(i) The NOC is issued only for taking preparatory works

such as bush clearing, levelling the land etc.

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(ii) The Municipality shall take steps to notify site in the

District Official Gazette at the “Municipal Solid Waste

Processing and Disposal Site”

(iii) This NOC may be used to acquire the site by the

municipality.

(iv) This NOC shall not be construed as consent or

authorization of Tamil Nadu State Pollution Control

Board.

(v) The municipality shall obtain Government approval for

using the above site for Municipal Solid Waste

Management.

(vi) The municipality should furnish the detailed project

proposals from the compost yard to Tamil Nadu Pollution

Control Board and should obtain authorization under the

Municipal Solid Waste (M & H) Rules, 2000 for compost

yard / facility.

(vii) The municipal shall make application in the prescribed

forms for authorization under the Municipal Solid Waste

(M&H) Rules, 2000 and for consent under Water and Air

Acts within a period of one month from the date of receipt

of this No Objection Certificate and other conditions

mentioned thereon.

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They were also directed to apply for authorization under the Municipal

Solid Waste (M & H) Rules, 2000 vide letter dated 05.06.2014 and 05.07.2016 and they have submitted all necessary application on 25.07.2016 but they were directed to furnish some details and thereafter no application has been made and they have not obtained the authorization under the Municipal Solid

Waste Rules, 2016 from the Board and has not applied for the consent of the

Board under Water (Prevention and Control of Pollution) Act, 1974 and Air

(Prevention and Control of Pollution) Act, 1981 and the compost yard site is surrounded by existing residential buildings.

Bio medical waste generated from the hospitals located in the

Gobichettiapalayam Municipality are collected and sent to the Common Bio

Medical Waste Treatment Facility ‘M/s. Ramky Energy and Environment

Limited, Salem District.’

The present status of the compost unit is not known to the counsel for the municipality as well as Tamil Nadu State Pollution Control Board and they want to submit further status report.

In the mean time, we feel it appropriate to direct the Tamil Nadu State

Pollution Control Board to inspect the area in question to ascertain the extent of legacy waste still present in that area untreated and whether any damage has been caused to environment on account of dumping of waste in that area due to lechate generated and percolation of the same to the soil and also

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assess the environmental compensation if any to be recovered and submit a report.

Municipality is also directed to submit a detailed statement regarding the action taken by them for disposal of the legacy waste and also the manner in which the waste generated in their municipality is being collected and disposed of and whether any steps or action plan prepared by them for complying the direction of this Tribunal in this regard in O.A. NO.616/2018 for implementation of the Solid Waste Management Rules, 2016 within a period of one month. Tamil Nadu State Pollution Control Board also complete the exercise as directed above and submit the report within a month.

Post the matter for consideration of further status report on 27.01.2020.

...... J.M.

(Justice K. Ramakrishnan)

...... E.M. (Saibal Dasgupta)

19th December, 2019. Mn.

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