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MAJ. GEN. S. C. N. JATAR RETD v. MUNICIPAL CORPORATION OF CITY OF PUNE THROUGH ITS COMMISSIONER
Item No. 02 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PUNE BENCH
(By Video Conferencing) Original Application No. 190/2016(WZ) (I.A. No. 67/2021)
Maj. Gen. S.C.N. Jatar (Retd.) Applicant Versus
The Municipal Corporation of the city of Pune & Ors. Respondent(s) Date of hearing: 03.02.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Aagney Sail, Advocate Respondent: Mr. Rahul Garg, Advocate for PMC Mr. Aniruddha Kulkarni, Advocate for CPCB Ms. Manasi Joshi, Advocate for R-2
ORDER
1. Grievance in this application is against violation of Solid Waste Management Rules, 2016 in operation of composting facilities by the Pune Municipal Corporation (PMC). Parameters for compost laid down under the Rules are not complied. The State PCB has failed to take action for such violations. The applicant has filed a copy of analysis report of some of the samples. According to the applicant, compost is found to be containing heavy metals and other toxic material. The violations pointed out in the application are:
"a. While the pH of compost should be in the neutral range, the compost samples generally show a low pH range, which is acidic in nature. This single quality is sufficient to declare that the material
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has not undergone the process of mineralization and stabilization properly. Hence, it is not worthy of being used as compost. b. Nitrogen and Phosphates are considered as the chief macro- nutrients to be provided along with the compost to the plants. The values in the report are largely low compared to compost standards.
c. The C:N ratio is generally high. As such, this material cannot be accepted as compost. This material is actually a pulverized material as a result of volume reduction.
d. None of the tests carried out so far, except the analysis carried out on 26.11.2016 on behalf of the Applicant by Polytest Laboratories, have analysed the compost for heavy metals, which is essential as per Clause 22.4 of the Agreement entered into by PMC with the Operator Ecoman dated 17.06.2015 and in terms of Schedule IV(iv) of MSW Rules, 2000 and Schedule II(a)(i) of SWM Rules, 2016.
e. The Operator, PMC and MPCB have not ensured that there is no foul odour nuisance in and around the 24-hours composting plants. They are not adhering to the CPCB guidelines as er Schedule II(C), Note (i) of SWM Rules, 2016 with the result that the citizens resist erection of these plants in residential areas. In this regard, Vishram Bag Ward Office letter dated 21.01.2016 is annexed herewith and marked as ANNEXURE-A-7."
2. The application was filed on 11.01.2017 and has been dealt with in the last five years by several orders. On 12.01.2017, the Tribunal issued notice to the Respondents, including PMC and Maharashtra State PCB who have filed their respective replies. On 09.08.2021, the Tribunal noted that plants operated by Respondent No. 5 - Ecoman Enviro Solutions Pvt. Ltd. were closed in June 2018 and the said service provider was blacklisted by PMC. Vide order dated 27.08.2021, the Tribunal also impleaded CPCB as a party so as to consider the guidelines issued on the subject. On 07.12.2021, the Tribunal noted that the PMC has filed suit for recovery of Rs. 9,71,20,087.76/- for the violations. Stand of CPCB is that standards are specified in the Rules and the facilities are to be setup by the local authorities in the light of the guidelines on the subject. Further affidavit has been filed by the CPCB mentioning various guidelines issued by it.
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3. We have heard learned Counsel for the parties. It remains undisputed that there has been violation of statutory Rules in composting process undertaken by the PMC through a service provider. Though PMC is said to have terminated the contract and blacklisted the contractor, the State PCB needs to take appropriate action for violation of the Rules by way of initiating prosecution and recovery of compensation on 'Polluter Pays' principle. We also direct CPCB to have interaction with all the State PCBs/PCCs on the subject of waste composting processes in the interest of rule of law and protection of environment and public health, including MSW Rules, 2016.
The application is disposed of.
I.A. No. 67/2021 also stands disposed of.
A copy of this order be forwarded to CPCB and Maharashtra State PCB by e-mail for compliance.
Adarsh Kumar Goel, CP
Sudhir Agarwal, JM
Dr. Nagin Nanda, EM
Dr. Vijay Kulkarni, EM
Dr. Afroz Ahmad, EM
February 3, 2022
Original Application No. 190/2016(WZ)
I.A. No. 67/2021
DV
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