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The National Green Tribunal noted that the state of solid waste management in Howrah is not in compliance with the Solid Waste Management Rules, 2016.
The tribunal's observation was based on photographs of garbage spilling all over the area, submitted by applicant Subhas Datta. They clearly indicated the incompetence of the Municipal Commissioner, Howrah Municipal Corporation and his team in handling the waste, the court noted October 3, 2024.
The applicant also informed the court that leachate from the dumping ground was entirely pouring into the drain leading to River Hooghly.
NGT wanted to know whether the dumping ground was in conformity with the siting criteria of the Solid Waste Management Rules of 2016.
The bench of Justice B Amit Sthalekar directed the Municipal Commissioner, Howrah Municipal Corporation to file a personal affidavit to show how this situation has been permitted to happen and why no action has been taken by the authority.
The official has been directed to file an affidavit within four weeks with an explanation and action taken report.
The Urban Development and Municipal Affairs Department of West Bengal was requested to submit an affidavit regarding the Municipal Corporation's claim that the lack of available land prevented the establishment of alternative trenching grounds around the city.
On the other hand, a May 24 affidavit of the District Magistrate, Howrah had incorporated minutes of a meeting on ‘Solid Waste Management and Handling at Urban Local Bodies of Howrah District’ held May 9, 2024.
It was stated that in the meeting, none of the municipal boards requested the district administration to allocate suitable land for setting up of processing and disposal facilities for solid waste. The “District Administration will take up the matter earnestly if such proposals are received”, it added. The next hearing of the case is on December 3, 2024.
In the original application filed before the court April 16, 2024, it was stated that garbage was found dumped in open drains in Howrah. Scavengers were removing such waste, which had almost become a slurry, every day, it added.
The situation has become unbearable for the residents due to poor solid waste management, the applicant noted. Sewage water accumulates in the choked city drains during rains and also enters courtyards of residential houses in low-lying areas.
On October 4, 2024, NGT asked the joint committee constituted to look into the operation of industries in the proposed eco-sensitive zone of Pobitora wildlife range in Assam to submit its report within a month. Failing this, all the members of the committee would have to appear before the tribunal.
The joint committee comprised of representatives of Secretary, Ministry of Environment Forest and Climate Change, New Delhi; Member Secretary, Assam State Pollution Control Board; representative of Central Pollution Control Board; and Principal Chief Conservator of Forest, Wildlife, Assam. The Central Pollution Control Board was made the nodal agency for coordination and compliance.
The application received by the NGT stated that an industrialist, Dilip Chetry, was creating an industrial zone in two blocks of Pobitora Wildlife Sanctuary and trying to establish a brick-kiln using coal as a fuel. It was also said that attempts were made to establish cement factories and stone quarries in the area.
The forest range officer of Pobitora Wildlife Range reported in May 4 letter to the regional forest officer that he found a brick-kiln in the Sativeti area on May 1, 2023. This was, he added, was surrounded by paddy fields owned by local villagers and was about 500 metres away from the boundary of Rajamayog hill point of the wildlife sanctuary and falls within the proposed eco-sensitive zone of protected area.
A letter dated March 4, 2024, from the Divisional Forest Officer to the Assam State Pollution Control Board was placed on record. In this letter, the Divisional Forest Officer submitted an inventory report of industries located within the proposed eco-sensitive zone of the Pobitora Wildlife Range. The industries listed by the range officer of Pobitora Wildlife Range are within the proposed eco-sensitive zone of Pobitora Wildlife Sanctuary. The Divisional Forest Officer requested the Chairman of the Assam State Pollution Control Board to take appropriate action, as informed to the court.
It does not appear from record that any effective action has been taken in the matter and as per complaint said industries are still operating in the questioned area, the court noted.
NGT October 4, 2024 directed Uttar Pradesh Pollution Control Board (UPPCB) to verify whether Nagar Palika Parishad, Khoda is taking the requisite steps to handle and process solid waste generated on a daily basis. The board has been asked to submit a report on the matter within three weeks.
The tribunal instructed the UPPCB to take necessary actions to recover environmental compensation from the Nagar Palika Parishad, Khoda, using coercive measures and to submit a compliance report. Additionally, the UPPCB should initiate criminal prosecution against the responsible officers of the Nagar Palika Parishad, Khoda, for violating environmental laws and submit a compliance report, the order stated.
The court was informed that for non-handling and management of solid waste effectively and in accordance with Solid Waste Management Rules, 2016, UPPCB by order dated July 3, 2024 had imposed environmental compensation of Rs 91,25,000 upon Nagar Palika Parishad, Khoda but the same has not been deposited by it till date.
Counsel appearing for Nagar Palika Parishad, Khoda admitted that till date large quantities of legacy waste was lying at site, though steps were being taken for its clearance. So far as daily generation of solid waste was concerned, which was to the extent of about 105 MT per day — it was being regularly handled and processed and not being dumped anywhere, it was added.