NGT directs authorities to pay compensation in Bandhwari landfill case

The principal bench of the National Green Tribunal (NGT), hearing a petition about legacy waste at the Bandhwari landfill site on April 7, asked authorities concerned to pay compensation for restoration of the environment and continue biomining work at the site

The principal bench of the National Green Tribunal (NGT), hearing a petition about legacy waste at the Bandhwari landfill site on April 7, asked authorities concerned to pay compensation for restoration of the environment and continue biomining work at the site. The court directed the Haryana chief secretary to periodically monitor the work being carried out at the site.

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The order, released on Thursday, does not mention the compensation amount, but officials from the Municipal Corporation of Gurugram (MCG) said that it amounts to ₹148 crore, which will be used for remediation of legacy waste at Bandhwari. However, MCG officials said this is not a penalty and that it is to ensure sufficient funds for restoring the environment.

The order stated that the compensation may be deposited in a separate account and used for the restoration of the environment. “Since the tribunal has already monitored the failures of the authorities for sufficiently long time, the state must now take ownership of its basic responsibility in the interest of rule of law, protection of environment and public health. The authorities may take further remedial action consistent with earlier orders of this tribunal,” the order read.

“Considering the commitment and the progress done in the last one month, the NGT has ruled that work of biomining should continue and compensation of ₹148 crore, as assessed by the Central Pollution Control Board (CPCB), must be deposited in a separate account by the MCG, which can be used for environmental restoration. This is not a penalty, but a reservation for environmental restoration of Bandhwari landfill so that there is no dearth of funds,” said Singh.

The green court was hearing a petition filed by environmentalist Vivek Kamboj, the founder of Delhi-based Hariyali Welfare Society, a non-governmental organisation.

“Having regard to serious past failures and sensitivity of the issue, the chief secretary, Haryana, may personally monitor compliances periodically. As directed earlier, compensation in terms of orders of this tribunal dated 14.02.2020, 28.02.2020 and 14.12.2020 in OA 606/2018, compliance of Municipal Solid Waste Management Rules, 2016, and other environmental issues may be deposited in a separate account and used for restoration of the environment,” the order stated.

The NGT also took cognisance of a report published in HT in the edition dated April 5, regarding waste allegedly being dumped in forest land by MCG, terming it “a way to reduce the waste in the landfill.”

The MCG also submitted an action plan to the NGT on April 5 regarding the treatment of legacy waste at the Bandhwari landfill. As per the action plan, the MCG has increased 90% waste processing capacity from the previous date of hearing (March 9), with the installation of eight additional trommel machines for the treatment of legacy waste. The MCG told the court it processed 57,521 metric tonnes of waste since the last hearing, stating, “239,493 metric tonnes of legacy waste has been scientifically treated through bioremediation and around 40% of volume reduction is achieved.”

The MCG stated that as per a drone survey of the landfill conducted on April 3, “Current height of dumpsite is reduced from 40 metres to 36 metres… area of around 2.1 acres has been reclaimed.”

The petitioner, however, expressed disappointment at the order.

“If the government had been working efficiently, then we would not have had to knock the doors of the court. Money cannot compensate for the environmental loss suffered by that area. In the last hearing, the court had given firm instructions and it seemed like they would take strict action. What has happened that the court has now asked the state government to monitor the process?” said Kamboj.

On March 9, the principal bench of the NGT, hearing the petition, gave authorities the last chance for ensuring “meaningful action on the ground level” to clear the waste.

The Bandhwari landfill receives around 2,000 tonnes of waste every day from both Gurugram and Faridabad. Municipal solid waste from both these cities is being dumped at the site since 2015. As per a report by a report submitted to the NGT by the CPCB in September 2020, the height of the dumpsite increased to 36 metres from 27 metres (recorded by CPCB in February 2020) and the total waste dumped stood at 3.1 million tonnes, approximately.