Legacy waste mining: NGT tells Ghaziabad civic body to pay ₹1 crore in damages

The order came on a petition filed by the Confederation of Trans-Hindon RWAs seeking the removal of solid waste dumped at the landfill site, which is located in a residential area

Taking serious note of the “very slow pace” of processing the legacy waste at the two landfill sites in Shakti Khand and Pratap Vihar, the National Green Tribunal (NGT) came down heavily on Ghaziabad agencies and directed the Ghaziabad municipal corporation to deposit ₹1 crore as interim compensation for restoration of the environment.

The tribunal also directed inspections by its oversight committee to monitor the legacy waste processing at the Pratap Vihar landfill, which was shut in January 2019. (Sakib Ali/HT)

The order came on a petition filed by the Confederation of Trans-Hindon RWAs seeking the removal of solid waste dumped at the landfill site, which is located in a residential area.

During the course of hearings, the tribunal also directed inspections by its oversight committee to monitor the legacy waste processing at the Pratap Vihar landfill, which was shut in January 2019.

The Pratap Vihar site has about 4.5 lakh metric tonnes of solid waste while the Shakti Khand site has about 1.5 lakh metric tonnes of legacy waste. The corporation officials said the processing of legacy waste at Shakti Khand would be completed by November, while the clearing of legacy waste from the Pratap Vihar site will be over only by March 2022.

The oversight committee inspected both sites about a fortnight ago to assess the progress of legacy waste mining.

“This is yet another instance of disappointing performance by statutory authorities in scientifically managing the waste in Indirapuram, Vasundhara and Vaishali, Ghaziabad, to the prejudice of rule of law and the environment and public health. This is so in spite of continuous monitoring by this tribunal for the past about three years,” the tribunal said in its order dated October 25.

The tribunal observed that the authorities have to be held accountable by way of the “polluter pays” principle and department action must be taken for being in breach of their constitutional obligation under the “public trust doctrine”, apart from the liability for prosecution under criminal Law.

“Remedial action by higher authorities may include review of the postings of key officers dealing with the waste management, including commissioner, Nagar Nigam (municipal corporation), and fixing liability under the civil and criminal Law,” the tribunal further said.

“The additional chief secretary, Nagar Vikas, Uttar Pradesh, may file compliance status after coordinating with authorities concerned after three months. Pending assessment quantification of compensation, the Ghaziabad Nagar Nigam may deposit interim compensation of ₹1 crore with the Central Pollution Control Board (CPCB) within 15 days, to be utilised for restoration of the environment. The nigam is free to recover the amount from the salary of errant officers,” it added.

The tribunal also directed the CPCB to submit an independent report on the issue of management of solid/liquid waste in the area in question and also said In the case of 10 sewage drains (flowing into river Hindon), the technologies adopted and their performance duly supported by the analytical results needs to be indicated.

“Storm water drains are not to be used for disposal of sewage, as earlier held by this tribunal, as the same is prohibited under the Water Act. The performance of STPs and the gap between sewage generation and treatment may be mentioned (in the report),” the tribunal said.

The 10 drains are the ones in Karhera, Hindon Vihar, Kaila Bhatta, Arthala, Sarvodaya Nagar, Rahul Vihar, Indirapuram, Dasna and Nandgram besides the one near the main gate of the city forest in Karhera.

In connection with the drains, tribunal said failure to manage drains, adds to the pollution of river Ganga as the said drain first meets Hindon, which then flows into the Yamuna, a tributary of Ganga.

The officials of the Ghaziabad municipal corporation said the slow pace of legacy waste mining was due to several factors, including the pandemic situation.

“Even the oversight committee in its inspection a fortnight ago appreciated the progress we made. As per our estimates, the legacy waste disposal at Shakti Khand is likely to get over by November while the one at Pratap Vihar is likely to get over by March 2022. We are making all efforts from our end. As regards the environment compensation of ₹1 crore, we will appeal this before the Supreme Court,” said MS Tanwar, municipal commissioner.

The members of the petitioner association said legacy waste at the site is getting processed at a slow pace.

“This gives rise to unhygienic conditions and fires also break out sporadically. Overall, it is a highly contaminated area in the middle of Indirapuram residential locality,” said Mohan Sangwan, general secretary of the federation that filed the petition.

The tribunal also said that “crossing the timeline is a criminal offence” under the Solid Waste Management Rules, 2016, read with the Environment (Protection) Act, 1986. “Thus, the tribunal cannot be party to permitting continuation of such criminal offence. The criminal and civil liability for the failure (to process legacy waste) lies with the authorities concerned as laid down,” it said.