The National Green Tribunal (NGT) November 29, 2024 directed the Municipal Corporation of Delhi (MCD) to pay Rs 20 lakh to the Akhil Bhartiya Netrahin Sangh School, a school for the blind, following reports of injuries and other health hazards suffered by its students due to mismanaged garbage. The compensation amount should be given within a month.
The school management would utilise the compensation amount in creating a better environmental atmosphere in the school and extending proper healthcare and other facilities to the students who are the victims of the pollution and environmental hazards.
The court said visually impaired students residing and studying in Akhil Bhartiya Netrahin Sangh School have suffered for several years on account of illegal dumping of solid waste in the dhalao (community waste storage bin) D-5 and they have also suffered on account of several open sewage holes and potholes near the bin in the close vicinity of the blind school.
The court was of the view that invoking the “polluter pays” principle and also exercising the power under Section 15 of the NGT Act, 2010, it would be proper to award compensation to the Akhil Bhartiya Netrahin Sangh School and their students.
MCD has been directed to immediately close the dhalao and to ensure that no sewage drain holes or potholes are kept open around the school. If the violation continues to exist, the Delhi Pollution Control Committee (DPCC) should initiate action for imposition of environmental compensation promptly.
MCD and DPCC have been directed to submit an action taken report within three months.
The original application was registered suo motu on the basis of the news report titled Garbage overflow poses health risks to visually impaired students in West Delhi in the publication Millenium Post on April 30, 2024.
The story noted that since 1971, Akhil Bhartiya Netrahin Sangh in Raghubir Nagar in West Delhi has been offering free education and accommodation to a batch of over a hundred visually impaired children every year.
The news article mentioned that the school faces a significant challenge due to the presence of a huge overflowing MCD dhalao and multiple open sewage holes adjacent to it. It also mentioned that the overflow of waste onto the road posed a direct problem to the school’s dining hall where students eat, creating a serious environmental threat. It also poses a health hazard to the students of the school.
The news item mentioned that these visually impaired children are already struggling with sight issues and are now required to deal with swarms of bugs and mosquitoes in their residential area and the dining area, where they share their meals.
It also mentioned that roadside garbage prevents them from going out for walks safely or leaving the school campus altogether. It recorded the concern shown by one of the parents that several young children have fallen into the nearby hazardous open sewage holes resulting in serious injuries.
The High Court of Madhya Pradesh November 26, 2024 directed the Municipal Corporation, Gwalior to submit a detailed project report on the revival of River Swarnrekha and laying of sewerlines.
The report is due according to an order dated November 20, 2024, the court reminded.
Counsel for the municipal corporation said that DPR has been prepared by the consultant appointed by the municipal corporation, but to get it vetted, the report has been sent to Maulana Azad National Institute of Technology (MANIT), Bhopal.
The corporation has been directed to facilitate early requisition of vetting report from MANIT, preferably within a month, so that same can be placed before the court for scrutiny.
The concept of social audit is discussed in Section 2 (54), Section 130-B and Section 131-A of Municipal Corporation Act, 1956 of the Municipal Corporation Act. But it has to be invoked in a guarded and cautious manner and it may be helpful to tailor made the schemes to the requirement of a city or a locality, the court said.
“It appears that synergy between state government and municipal corporation in the present matter is the need of the hour,” the HC said. “So is with the counsel appearing for the parties. They are required to exchange the documents much prior to the hearing so that both counsel may seek instructions prior to listing of the case,” the HC added.