Citation Codes

Equivalent Citations

citation codes

Case Number

Original Application No. 208 of 2017 (SZ) & I.A. No. 15 of 2019 (SZ)

Attorney(S)

Mr. Syed Nurullah Sheriff for R1,
M/s. V. Aishwarya, for the Applicant(s)
Mr. Abdul Saleem, Mr. S. Saravanan & M/s M. Akshayaa for R2 & R3.
Mr. S.N. Parthasarathy for R4.
Mr. P. Srinivas for R5 and R6.

Judges

K. Ramakrishnan, Judicial Member
Saibal Dasgupta, Expert Member

Acts

clause j schedule (1) 1 Solid Waste Management Rules, 2016
Section 5 of the Environmental (Protection) Act, 1986
provisions of Solid Waste Management Rules, 2016.(ii)
SECTION 5 ENVIRONMENT PROTECTION ACT 1986
Rules) N.Where,(i) Waste Generation 104 T/day(ii)
clause J schedule (1) of 2016 rules
Management Rules, 2016.(v)

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Smart Summary

Structured Summary of the National Green Tribunal Opinion — Venkatamangalam Dumping / Integrated Municipal Solid Waste Facility

Factual and Procedural Background

The application concerns allegations of illegal dumping of domestic solid waste at Venkatamangalam in connection with an Integrated Municipal Solid Waste Management Facility established by the fourth respondent. The Tribunal earlier considered the petition, responses and several reports from the Tamil Nadu Pollution Control Board (TNPCB) and issued a detailed order dated 16.12.2019 directing local authorities (including Pallavaram and Tambaram Municipalities) to adopt scientific disposal methods for legacy waste (notably bio-mining following models such as Indore/Ahmedabad/Kumbakonam), to submit performance guarantees, and requiring inspections and reporting by TNPCB and District authorities.

At a subsequent hearing reported in the opinion, the sixth respondent informed the Tribunal that an interim report was filed and that bio-mining activities had begun with a Detailed Project Report (DPR) prepared by Anna University estimating Rs. 10.5 crores required. Pallavaram Municipality had prepared a DPR for a 100 MT/day dry waste incinerator costing Rs. 9.5 crores and had, as directed by the Tribunal, deposited performance bank guarantees of Rs. 50,00,000 each with TNPCB. TNPCB and District inspections were carried out and an assessment of non-compliance and environmental compensation was prepared. The Tribunal declined an application to permit further dumping of dry/wet waste at the Venkatamangalam site pending removal of major portions of legacy waste, directed further inspections and reports, and appointed supervisory and monitoring measures, with the next hearing posted on 03.07.2020.

Legal Issues Presented

Whether the local municipal authorities (Pallavaram and Tambaram) complied with the directions in the Tribunal's order dated 16.12.2019 and the Solid Waste Management Rules, 2016 in respect of scientific disposal (including bio-mining) of legacy waste at Venkatamangalam.
Whether the Tribunal should permit temporary dumping or processing of new dry/wet waste at the Venkatamangalam facility pending implementation of long-term remediation (including bio-mining).
Whether environmental compensation should be levied on the municipal authorities for improper management of solid waste and, if so, the quantum and method of assessment (as per CPCB guidelines referenced by TNPCB).
What supervisory and enforcement steps (including performance guarantees, inspections, supervisory committees and timelines) should be directed to ensure remediation and protection of environment and water bodies.

Arguments of the Parties

Sixth Respondent's Arguments

An interim report was filed as per Tribunal directions.
Bio-mining process has started and a DPR was prepared by Anna University estimating a requirement of Rs. 10.5 crores for bio-mining work.
The municipality had repaired an existing shredder at Venkatamangalam (cost incurred Rs. 24.50 lakhs) and sought permission to process new dry waste temporarily at the existing plant until the proposed incinerator is established.

Pallavaram Municipality's Position

The municipality informed the Tribunal that it has put on hold (given up, for the time being) the Waste-to-Energy (WTE) plant proposal and intends to proceed with bio-mining and other scientific methods to remove legacy waste.
Pallavaram Municipality prepared a DPR for a dry waste incinerator (100 MT/day capacity) costing Rs. 9.5 crores and sought government sanction for funds.
Pallavaram Municipality deposited the required performance bank guarantee of Rs. 50,00,000 with TNPCB as directed earlier.

State Environment Impact Assessment Authority (SEIAA)

SEIAA counsel submitted that although environmental clearance was granted for the Waste Energy Plant, the facility was not complying with conditions of the environmental clearance, specifically the requirement to submit progress reports.

Applicant's Submissions

The applicant's counsel alleged that municipal authorities were setting fire to existing dumps and depositing the ashes beside the water body (Agaram Lake), raising concerns about leachate and contamination of the lake.
The applicant produced photographs showing ashes dumped beside the lake; the Tribunal directed the applicant to hand over photographic sets to TNPCB's counsel for investigation.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Order of this Tribunal dated 16.12.2019	Directed local authorities to dispose of legacy waste scientifically (bio-mining) per Clause (J) Schedule I of Solid Waste Management Rules, 2016; required performance guarantees and inspections.	The Tribunal relied on and reiterated these directions, reviewed compliance, required performance guarantees, and evaluated TNPCB's subsequent inspection and reports under that order.
Principal Bench, National Green Tribunal, New Delhi — directions to Chief Secretary and Principal Secretary (date referenced)	Directed supervisory oversight by state-level executive authorities to implement Solid Waste Management Rules, 2016, and take action against errant officials.	The Tribunal referenced this direction and requested supervision by the State Level Monitoring Committee headed by a former High Court Justice to monitor Pallavaram Municipality's compliance and progress.
Original Application No. 606 of 2018 dated 18.10.2019 (Principal Bench NGT)	Expressed displeasure with use of tendering processes causing delay in legacy waste remediation and recommended appointment of engineers and deployment of equipment and labour for cost-effective, timely action.	The Tribunal cited this precedent to caution municipalities against reliance on protracted tender processes and suggested considering direct engagement of engineers, machines and labour to expedite bio-mining.
Hon'ble NGT (PB) in O.A. No. 593/2017 (referenced)	Used as basis for CPCB guidelines application regarding assessment of environmental compensation for improper solid waste management.	TNPCB applied CPCB guidelines (referencing compliance with orders in O.A. No. 593/2017) to compute and demand environmental compensation from Pallavaram and Tambaram Municipalities for the inspection period 20.12.2019 to 11.02.2020.

Court's Reasoning and Analysis

The Tribunal proceeded by reviewing its prior directions (16.12.2019), the TNPCB's reports, inspection findings and the interim report filed by respondents. The analysis followed these steps:

Review of compliance: The Tribunal examined TNPCB's inspection (13.01.2020 and 11.02.2020) and found that (a) no fresh municipal solid wastes were being dumped at the site at the time of inspection, (b) key facilities (refuse-derived fuel facility, composting units, ETP) were not in operation, and (c) unsegregated solid waste remained dumped in an unscientific manner.
Assessment of remedial proposals: The Tribunal noted the DPRs produced — Anna University DPR for bio-mining (cost estimate Rs. 10.5 crores) and Pallavaram Municipality's DPR for a 100 MT/day incinerator (Rs. 9.5 crores) — but observed absence of defined timelines for implementation following DPR approval and funding, and warned that usual tender processes could extend implementation by about a year.
Reliance on prior guidance: The Tribunal referenced earlier NGT directions discouraging protracted tendering and recommending direct engagement of engineers, equipment and labour to expedite bio-mining, and suggested municipalities consider those approaches to avoid delays.
Environmental compensation assessment: TNPCB applied CPCB guidelines (as used in connection with prior NGT orders) to calculate environmental compensation for the period 20.12.2019 to 11.02.2020 — resulting in Rs. 244.968 lakhs for Pallavaram Municipality and Rs. 203.34 lakhs for Tambaram Municipality — and the Board directed the municipalities to remit those amounts.
Risk to water bodies and enforcement: Upon allegations and photographic evidence of burning and ash disposal near Agaram Lake, the Tribunal found a plausible risk of leachate contamination and directed TNPCB to inspect and report; it also directed TNPCB to initiate show-cause proceedings and further action (including recovery of costs, environmental compensation and prosecution) if allegations are substantiated.
Interim operational permissions: Given the continuing presence of legacy waste and the risk of exacerbating the dumpsite if fresh waste were permitted, the Tribunal concluded it was unsafe to grant permission for further dumping or provisional processing of new dry/wet waste at Venkatamangalam until major portions of legacy waste are removed.
Supervision and monitoring: To ensure compliance and timely remediation, the Tribunal requested the State Level Monitoring Committee (headed by the former High Court Justice and Judicial Member of the Tribunal) to supervise Pallavaram Municipality's actions, to receive periodic reports (once in three months) and to report progress to the Tribunal; it also directed TNPCB and the municipality to file periodic interim reports as specified.

Holding and Implications

Primary Holding: The Tribunal refused the request to permit further dumping or temporary processing of new dry/wet waste at the Venkatamangalam site until the major portions of existing legacy waste are removed and scientific disposal measures (notably bio-mining) are effectively underway and supervised.

Implications and direct consequences:

Pallavaram and Tambaram Municipalities are required to undertake bio-mining to clear legacy waste as provided under Clause (J) Schedule I of the Solid Waste Management Rules, 2016, within the timeframe and conditions previously directed (six months was earlier specified in the 16.12.2019 order).
The municipalities were directed to submit performance guarantees (Rs. 50,00,000 each) — which TNPCB records indicate have been deposited.
Tamil Nadu Pollution Control Board was directed to inspect, assess environmental damage and water quality (including sampling), calculate and demand environmental compensation (TNPCB assessed Rs. 244.968 lakhs for Pallavaram and Rs. 203.34 lakhs for Tambaram for 20.12.2019 to 11.02.2020) and to initiate show-cause proceedings and recovery in accordance with law.
The Tribunal requested supervision by the State Level Monitoring Committee to oversee implementation, and mandated periodic reporting (interim reports by the municipality and three-monthly progress reports by the monitoring committee and TNPCB), with the Tribunal reserving the right to direct remedial actions including prosecution and cost recovery if environmental harm (e.g., contamination of lakes) is established.
The Tribunal cautioned against further reliance on extended tender processes and encouraged consideration of direct engagement of engineers, equipment and labour to expedite bio-mining as per earlier NGT guidance to avoid delay and added costs.
No novel legal principle or broader binding precedent was announced; the order enforces compliance with existing NGT directions and statutory rules (SWM Rules, 2016) and applies CPCB guidelines for assessment of environmental compensation as referenced by TNPCB.

Next listing for consideration of the report was posted on 03.07.2020 as per the Tribunal's order.

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John Weslay v. State Level Environment Impact Assessment Authority

1. The grievance in this application is regarding the illegal dumping of domestic waste at Venkatamangalam by establishing integrated Municipal Solid Waste Management Facility by the fourth respondent.

2. This Tribunal had considered the allegations in the petition and the contention of the respondents and various reports filed by the Tamil Nadu Pollution Control Board and passed the following order on 16.12.2019.

“Both the counsel appearing for Tamil Nadu Pollution Control Board as well as the municipalities were not in a position state the quantity of legacy waste present in that area and what is the present status. Dumping of waste and non disposable of the same by the authorities will affect the environment and it will serious by affect air as well as water quality and health. There is a possibility of leachate being produced from the dumping yard and of it is not properly treated, it also will affect the soil and ground water quality as well, in turn affect the health of the people. There is a duty cast on the local authorities to dispose of the garbage collected in a scientific manner provided under the solid Waste Management Rules, 2016.

This Tribunal in several other matters of like nature, has directed the local authorities to take necessary steps to take dispose of the legacy waste that is being dumped in the dumping grounds in a scientific manner as provided under the clause J schedule (1) of 2016 rules that is by way of bio-mining. This Tribunal has also directed the local authorities to adopt the Indore/Ahmadabad/Kumbakonam model disposal of legacy waste and dispose of the same in a scientific manner by adopting bio-mining. But in spite of such directions, none of the municipal authorities are following the same but they are trying adopt a circuits method of preparing DPR, calling for tenders for establishment of Waste Energy Plant. If the method adopts of Indore/Ahmadabad/Kumbakonam it will be not cost effective but also it is eco-friendly and this Tribunal has directed to adopt this in order to dispose the legacy waste. It is submitted by the respondents jive and six that sanction has been accepted for establishing waste to energy plant. No effective method has been adopted by the municipalities to meet the situation so far. Considering the circumstances we direct the Pallavaram and Tambaram Municipality to undertake the bio-mining to clear the legacy waste that is being dumped and kept there without treatment by themselves by adopting the Indoor/Ahmadabad. Indoor Ahmadabad Kumbakonam model and dispose of the legacy waste in accordance with law, as provided under clause j schedule (1) 1 Solid Waste Management Rules, 2016 within a period of six months, The above two municipalities has directed to submit a performance guarantee of Rs. 50,00,000(Fifty Lakh ) each to the satisfaction of the Tamil Nadu Pollution Control Board within a period of one month.

The Tamil Nadu Pollution Control Board is directed to inspect the area in question, and assess the present situation and also assess the environmental compensation, as the Respective District Collector as directed to inspect in a question and ascertain the present circumstances and also assess to be collected, on account of damage any caused to environment. They are also directed to collect water samples from the neighbouring areas and fnd out the quality of water and if there is any destoration water quality they are also directed to take necessary remedial measures for rectifying the same and recover the cost required for the same from the above municipalities and also the fourth respondent who has under taken the process of disposal of legacy waste as per the contract, by way of the concession contract, If the steps are not taken by the municipalities, as directed, then the amount of performance guarantee direct to be produced will be forfeited

The Principal bench of National Green Tribunal, New Delhi had directed the Chief Secretary of the State and also the Principle of Secretary of the Urban/Municipal Development to supervise the process of implementation of the Solid Waste Management Rules, 2016 and take appropriate action against the official in discharging their duties in this regard. The Tamil Nadu Pollution Control Board as well as Chief Secretary of Tamil Nadu had directed to submit a report regarding the present status and the action taken for failure of the municipalities and complain with the rules in accordance with law within a period of three months. The corporation of municipalities as directly to submit the interim report regarding the action taken of the legacy waste by monthly for review this Tribunal regarding the progress. The above authorities are directed to submit within a period of two months regarding the present status.

The joint committee is also directed to prepare an action plan for disposal of legacy waste with a shorter time line and also planting of bio-diversity park are creating buffer zone of the area in question. So as to protect environment for the committee as well as above authorities are directed to submit a report to this Tribunal within two months regarding the action taken by mail at ngtszfiing@gmail.com.

If considering the circumstances we also direct the municipalities not to use this area for further dumping without making necessary arrangements for removal of a legacy waste and without adopting proper and scientific method of disposal segregation and disposal of the waste under rules. If the dumping still going on without proper process and against the rules. The Tamil Nadu Pollution Control Board is a liberty to take action in this regard.

For consideration of report post on 27.02.2020.”

3. When the matter came up for hearing today, the learned counsel appearing for the sixth respondent submitted that the interim report has been filed as per directions of this Tribunal. We have perused the interim report submitted by the sixth respondent. They have already started the process of bio mining for which/DPR (Detailed Project Report) has been prepared by Anna University and they require Rs. 10.5 Crores for this purpose.

4. They also mentioned that in order to prevent further dumping of fresh dry waste, Pallavaram Municipality has prepared a detailed project report for establishment of dry waste incinerator of 100 MT per day capacity at a cost Rs. 9.5 Crores for disposal of segregated waste from Pallavaram and Tambaram Municipalities and necessary approval for both have been sent to Government for sanctioning of funds.

5. As per the orders of the National Green Tribunal, the dumping of dry waste at this dump site was stopped and now new dry waste is being sent to Perungudi dump yard with necessary approval from Greater Chennai Corporation.

6. They also mentioned that the directions given by this National Green Tribunal to submit a performance Bank Guarantee of Rs. 50,00,000 (Rupees fifty Lakhs Only) has already been deposited before the Tamil Nadu Pollution Control Board. They had already established micro compost centres to segregate and dispose of the wet waste that is being collected from these municipalities.

7. They sought permission from this Tribunal to process new dry waste to be generated by these municipalities in the existing plant at Venkatamangalam as a temporary measure till establishment of incinerator at Venkatamangalam as the existing shredder machine has already been repaired by spending Rs. 24.50 Lakhs and it is in working condition.

8. The learned counsel appearing for the State Environment Impact Assessment Authority (SEIAA) submitted that though environment clearance was granted for Waste Energy Plant, they are not complying with the conditions in the environmental clearance of submitting the progress report.

9. When this was pointed out, the counsel appearing for the Pallavaram Municipality submitted that they have given up the implementation of establishment of Waste Energy Plant for time being. They are going for bio mining and other known scientific methods to remove the legacy waste that is found in that dumping ground.

10. The Tamil Nadu Pollution Control Board had filed a report which reads as follows:—

“(4) It is respectfully submitted that the respondent unit of M/s. Integrated Municipal Solid Waste Processing Facility — Pallavaram Municipality, S.F. No. 16/1, 2, 3, Vengadamangalam Village, Chengalpattu Taluk, Kancheepuram District has obtained Consent to Operate under Water (P&CP) Act, 1974 as amended and Air (P&CP) Act, 1981 as amended vide Board Proceedings dated 29.05.2015 and subsequently the unit has obtained renewal of consent vide Board Proceedings dated 13.02.2018 valid upto 31.03.2018 for processing municipal solid waste generated from Pallavaram and Tambaram Municipalities.

(5) It is respectfully submitted that the unit has obtained Authorization under Solid Waste Management Rules, 2016 vide Board Proc. Dated 19.02.2018 valid up to 31.03.2018 for operating the facility for processing, recycling, treatment and disposal of municipal solid wastes of 300 tonnes/day.

(6) It is respectfully submitted that the Commissioners of Pallavaram and Tambaram Municipalities were issued with the direction vide Board Proceeding dated 20.12.2019 under Section 5 of the Environmental (Protection) Act, 1986 as amended to comply with the following conditions:

(i) The municipalities shall comply with the provisions of Solid Waste Management Rules, 2016.

(ii) The Municipality shall comply out proper suggestion of solid waste.

(iii) The municipality shall furnish short and long term action plan for the effective and scientific management of solid waste management as per Solid Waste Management Rules, 2016 and remediation of the existing dumpsite.

(iv) The Municipalities shall establish decentralized facilities for processing of bio degradable wastes through the Micro Compost Centres (MCCs)/Compost Yards, bio methanation plant etc. and shall obtain Authorization under Solid Waste Management Rules, 2016.

(v) The municipality shall establish Material Recovery Facilities at suitable place so as to collect non — biodegradable waste such as plastics, glasses, paper etc. and hand over the same to suitable recyclers and end users.

(vi) The municipality shall ensure that the waste generated by the bulk waste generators such as hotels, restaurants, apartments, gated communities & institutions (>5000 Sq.m) shall process, treat and dispose biodegradable waste through composting or bio — methanation within their premises and the residual waste shall be sent to the suitable recyclers.

(7) It is respectfully submitted that, as per Hon'ble NGT order dated 16.12.2019, the Integrated Municipal Solid Waste Processing Facility was inspected by the District Collector along with the facilities of Tambaram and Pallavaram Municipalities and District Environmental Engineer, Tamil Nadu Pollution Control Board, Maraimalainagar on 13.01.2020 and the following observations were made:—

a) No fresh municipal solid wastes are dumped at the site.

b) The refuse derived fuel facility was not in operational condition and the composting of bio degradable waste was not carried out at the site.

c) Unsegregated solid waste from Tambaram and Pallavaram municipalities were found dumped in a haphazard manner in an unscientific way in the said site.

d) The ETP provided in the premises was not in operation

e) The unit has not complied with the directions issued by the Board vide proceedings dated 01.08.2019.

f) The ground water samples were collected in and around the said facility along with the petitioner Thiru John Wesley on 25.01.2020 and submitted the samples for analysis at DEL, Maraimalainagar. The ROA of the ground water samples is awaited.

g) Also, it was ascertained that the municipal solid wastes generated from the Tambaram and Pallavaram Municipalities are being dumped at Perungudi dump site at present and also the Tambaram and Pallavaram municipalities have submitted the performance guarantee of Rs. 50,00,000/- (Rs. Fifty Lakhs) each to the Board as directed by the Hon'ble NGT in its Order dated 16.12.2019. Further, the said municipalities have not submitted any proposal for bio mining of the legacy wastes dumped in the said site.

(8) It is respectfully submitted that the Tambaram and Pallavaram Municipalities have not complied to the Board's direction issued to them vide Board proceedings dated 20.12.2019 during inspection on 11.02.2020 by the DEE, TNPCB, MM Nagar. Hence, the Board decided to levy Environmental Compensation to the Pallavaram Municipality, based on the CPCB guidelines for assessing environmental compensation for improper management of solid waste in compliance with orders of the Hon'ble NGT (PB) in O.A. No. 593/2017.

Environmental Compensation for Pallavaram Municipality

As per CPCB guidelines, Environmental Compensation is calculated as, EC (Lakh Rs.) = Rs. 2.4 (Waste Generation — Waste Disposed as per the Rules) + 0.02 (Waste Generation — Waste Disposed as per the Rules) + N + Marginal cost of Environmental Externality × (Waste Generation — Waste Disposal as per the Rules) × N.

Where,

(i) Waste Generation — 104 T/day

(ii) Waste disposed as per the Rules: 24.7 T/day (Micro Composting)

(iii) Waste Generation — Waste disposed as per the Rules: 79.3 T/day

(iv) N = 54 (From the date of issue of direction from the Board vide proceedings dated 20.12.2019 to the date inspected on 11.02.2020)

(v) Marginal cost of environmental externality is Rs. 0.012 Lacs Rs per day (Rs. 15 per ton × 79.3 tonnes)

As per CPCB guidelines, an amount of Rs. 244.968 lakhs (Rupees Two Crore Forty four lakh ninety six thousand and eight hundred) is assessed as environmental compensation from 20.12.2019 to 11.02.2020 for Pallavaram Municipality. The Board vide letter dated 12.02.2020 has addressed the Pallavaram Municipality to remit the Environmental Compensation of Rs. 244.968 lakhs (Rupees Two Crores Forty four lakh ninety six thousand and eight hundred) to the Board.

Environmental Compensation for Tambaram Municipality

(i) Waste Generation — 90 T/day

(ii) Waste disposal as per the Rules: 28 T/day (Micro Composting)

(iii) Waste Generation — Waste disposed as per the Rules: 62 T/day

(iv) N = 54 (From the date of issue of direction from the Board vide proceedings dated 20.12.2019 to the date inspected on 11.02.2020)

(v) Marginal cost of environmental externality is Rs. 0.1 Lakhs Rs per day (Rs. 15 per ton × 62 tonnes — Rs. 0.0093 Lakhs Rs per day. Hence the maximum environmental externality is taken as 0.01 Lakhs/day) It is respectfully submitted that, as per CPCB guideline, an amount of Rs. 203.34 Lakhs (Rupees Two Crore Three Lakh and Thirty Four Thousand) is assessed as environmental compensation from 20.12.2019 to 11.02.2020 for Tambaram Municipality. The Board vide letter dated 12.02.2020 has addressed the Tambaam Municipality to remit the Environmental compensation of Rs. 203.34 Lakhs (Rupees Two Crore Three Lakh and Thirty Four Thousand) to the Board.

(9) It is respectfully submitted that as per Hon'ble NGT order dated 16.12.2019, the respondent TNPC Board has issued directions vide Board Proc. Dated 12.02.2020 under Section 5 of the Environment (Protection) Act, 1986 to the Tambaram and Pallavaram Municipalities to comply with the following:

(i) The Tambaram and Pallavaram Municipality shall undertake bio-mining to clear the legacy waste in accordance with law as provided under Clause (J) Schedule I of SWM Rules, 2016 within a period of six months.

(ii) Also, TNPCB vide letter dated 12.02.2020 has addressed the District Collector, Kanchipuram District & DEE, MM Nagar to prepare an action plan for disposal of legacy waste with a shorter time line and also establishing biodiversity park by creating buffer zone of the area in question, so as to protect the environment.”

11. On going through the report submitted, we feel that it is not safe to permit the Pallavaram Municipality to allow further dumping of dry waste in that area unless the major portions of the existing legacy waste is disposed of from that area. Otherwise it will be done in haphazard manner in that dumpsite and create more problem. So we decline the request for permission to dump wet waste in their area as a temporary measure.

12. The Municipality has also produced the Detailed Project Report (DPR) prepared by Centre for Environmental Studies Department of Civil Engineering, Anna University, Chennai.

13. It may be mentioned here, that they have not provided any time line for the disposal of legacy waste after getting the Detailed Project Report (DPR) approved by the Government and allotment for necessary funds for that purpose. If they adopt the process of tendering as usual that it will take further period of one year even for finalising the tenders.

14. Further, the Principal Bench of this National Green Tribunal while dealing with similar matter with Original Application No. 606 of 2018 dated 18.10.2019 expressed its displeasure in involving tender process for these purposes and also in their earlier decisions directed the local bodies to engage or appoint a Senior Engineer to supervise these things and engage casual/contractual labourers and also number of trammel machines, simultaneously to finish the work with less cost.

15. The municipality can consider this aspect also and try to implement the same instead of venturing for tender process. Further, if the bio-mining is given to the same agency, then the possibility of delay being occurring in carrying out the work also cannot be ruled out.

16. The counsel appearing for the applicant submitted that the municipal authorities are setting fire to the existing dumps and depositing the ashes on the side of the water body. If this is being done, it is a serious is one.

17. The learned counsel showed some of the photographs that show the manner in which it is being done. It is seen from the photographs that the ashes are dumped on the side of the water body namely, Agaram Lake and the possibility of leachate reaching the lake and thereby, contaminate the water quality in the lake is not ruled out.

18. The Pollution Control Board is directed to inspect the area in question to enquire into this aspect and file a detailed report regarding this. The applicant is directed to hand over the copy of the set of photographs to the counsel appearing for the Tamil Nadu Pollution Control Board.

19. We feel it appropriate to request the State Level Monitoring Committee headed by the former Justice of Hon'ble High Court of Madras and Judicial Member of this Tribunal, Hon'ble Dr. Justice P. Jyothimani to supervise the activities of the Pallavaram Municipality in carrying out the directions of this Tribunal in respect of disposal of the legacy waste in a scientific manner with shorter time lines and submit a report regarding the progress of the same.

20. The Registry is directed to communicate this order to the State Level Monitoring committee for information and compliance with the direction.

21. The State Level Monitoring Committee shall submit the periodical reports regarding the performance of the disposal of the legacy waste by Pallavaram Municipality as now under taken by them before this Tribunal and as directed by this Tribunal, periodically once in three months. The Pallavaram Municipality is also directed to submit a interim report once in three months and the Tamil Nadu Pollution Control Board is also directed to go in to the allegations made by the counsel for applicant and if it is found true take stringent action against those persons who are responsible for the same including launching of prosecution and recovering environmental compensation and if the lakes are affected on account of the illegal act, than suggest the remedial measures for rejuvenating the same and restore the same to its original petition and recover that amount also from the persons responsible for the same and utilise that amount for restoring the water body to implement the remedial measures suggested.

22. The Pollution Control Board is also directed to submit a report within three months.

23. The Tami Nadu Pollution Control Board is also directed to take steps to realise the compensation from the persons responsible after issuing a show cause notice and giving them an opportunity to explain in accordance with law.

24. For consideration for the report, post on 03.07.2020.

John Weslay v. State Level Environment Impact Assessment Authority

Structured Summary of the National Green Tribunal Opinion — Venkatamangalam Dumping / Integrated Municipal Solid Waste Facility

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Sixth Respondent's Arguments

Pallavaram Municipality's Position

State Environment Impact Assessment Authority (SEIAA)

Applicant's Submissions

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

John Weslay v. State Level Environment Impact Assessment Authority

Comments