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    NGT Order Commercial Buildings Cannot Be Developed On Waste Management Sites

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    sgsn60

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    of 4

    Item No. 03 Court No.

    BEFORE THE NATIONAL GREEN TRIBUNAL


    PRINCIPAL BENCH, NEW DELHI

    (By Video Conferencing)

    M.A. No. 67/2020


    IN
    Original Application No. 199/2014

    Almitra H. Patel & Anr. Applicant

    Versus

    Union of India & Ors. Respondent(s)

    DSIIDC ……………………….Applicant in M.A.

    Date of hearing: 27.10.2020

    CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON


    HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
    HON’BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
    HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

    For Applicant in MA : Ms. Richa Dhawan, Advocate

    ORDER

    1. This application, in a way, seeks review of order dated 07.10.2020

    passed by the Tribunal. By the said order, the Tribunal rejected similar

    prayer of the present applicant, the Delhi State Industrial and

    Infrastructure Development Corporation (DSIIDC) against earlier order of

    the Tribunal dated 14.12.2017 directing that the available land for

    commercial buildings with the Delhi Government be not developed

    unless the land is provided for solid waste management. The said

    direction is as follows:-

    “1. The Chief Secretary of NCT Delhi or the Lieutenant Governor, if


    the Lieutenant Governor so desire, shall hold a meeting within two
    weeks from today and consider the list of the sites submitted by the
    Corporation, the site of DSIIDC and the site of NTPC at Badarpur

    1
    Thermal Plant as well. The meeting shall be attended by the Senior
    most Officers from the Corporation, authorities and local authorities.

    2. The sites would be selected while taking a comprehensive


    approach and keeping in mind the siting criteria prescribed under
    the Solid Waste Management Rules, 2016.

    3. Till the sites are earmarked and finalized for being


    utilized for management of solid municipal waste in Delhi
    including setting up of a land fill site, composting, RDF plant
    and Waste to Energy Plant, all the authorities including
    Delhi Development Authority, DSIIDC, Corporation shall not
    place or award work for building up of any commercial
    building in the lands which have been referred to for the site.

    4. This would also apply to Gram Sabha land, if this is being


    utilized for commercial purposes.

    We are compelled to pass this direction in view of the above


    compelling circumstances and particularly in view of the fact
    that the fundamental right to descent and clean environment
    should take precedence over a commercial activity, even if
    necessary by the State. The Constitutional and Statutory
    obligation of the State required them to take all appropriate
    steps and any development activity must first take
    precautionary measures in regard to management of the
    Municipal Solid Waste of the entire city as well as waste that
    could be generated by such development activity. Our
    experience has revealed the game of shifting blame must be
    depreciated and the authorities must be consulted to achieve
    the proper management of Municipal Solid Waste which is a
    mandate of the Constitution itself. We hope that the
    Lieutenant Governor or the Chief Secretary would be able to
    expedite the decision of these aspects and submit a report to
    the Tribunal so that this case would proceed further and
    final orders in that behalf would be passed.

    The Ministry of Power and NTPC shall attend the meeting


    before the Lieutenant Governor/Chief Secretary.”

    2. The Tribunal dealt with the prayer of the applicant vide order dated

    7.10.2020 as follows:-

    “2. According to the Applicant, the direction needs to be vacated


    as the applicant has got layout plan approved for setting up a
    multilevel manufacturing hub as per the MPD-2021 on a plot
    identified for sanitary landfill site.

    3. None appears to press the application. We do not find


    any merit in the prayer. There is no explanation why
    suddenly there is occasion for such application to seek
    review of order which has attained finality. There is no viable
    alternative offered. Condition of waste management is in
    Delhi is pitiable as mountains of un-remediated garbage is a

    2
    hard reality, though citizens of Delhi are facing worst air
    pollution. The matter is to be sorted out at the level of Chief
    Secretary and the Lieutenant Governor who have to provide
    land for waste management before considering use of
    available sites for commercial purposes.”

    3. In the present application, the applicant has stated that there is a

    viable alternative in form of 42.5 acres of the land which needs to be

    considered. Learned counsel for the applicant states that the Tribunal

    while passing order dated 07.10.2020 proceeded on the footing that there

    is no viable alternative.

    4. We have considered this submission also. The fact remains that

    the problem of tackling accumulated waste still remains unaddressed

    and the same has to be sorted out by the Chief Secretary and Lieutenant

    Governor, which is not shown to have happened so far.

    5. Learned counsel for the DSIIDC has also referred order dated

    04.09.2017 as follows:-

    “……. The site which is proposed to be used now as a sanitary


    landfill site at Ranikhera, has neither been approved nor has
    environmental clearance and also does not have sanction from the
    Delhi Pollution Control Committee. It has not been prepared for
    segregation and dumping of waste that would certainly lead to
    leakages polluting the ground water as well as causing serious
    prejudice to the environment and health of the people living around
    the site, which is stated to be a close to population of 200 meters.
    We think that the administration must ponder over these factors
    before passing any further directions…..”

    6. The above aspect has also to be considered by the Chief Secretary

    and the Lieutenant Governor. Till it is done, there is no occasion for

    revisiting the order of this Tribunal.

    7. In view of above, the issue of availability of suitable land for solid

    waste management has to be first sorted out by the Chief Secretary and

    the Lieutenant Governor and if the said authorities take a decision on

    3
    such issue, it will be open to the DSIIDC to move this Tribunal based on

    such decision.

    The application is disposed of.

    Adarsh Kumar Goel, CP

    S.K. Singh, JM

    Dr. S.S. Garbyal, EM

    Dr. Nagin Nanda, EM

    October 27, 2020


    M.A. No. 67/2020 in O.A. No. 199/2014
    A

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