Garbage Processing Plant | SC directs Pune Municipal Corp. to follow NEERI suggestions

Supreme Court: While considering the instant appeal challenging the order passed by the National Green Tribunal (NGT) whereby which it had directed the Pune Municipal Corporation to close the Garbage Processing Plant (GPP) operated by Noble Exchange Environment Solution Pune LLP at Baner, Pune and to shift the same to an alternate location in terms of the guidelines issued by the Central Pollution Control Board; the 3-Judge Bench of B.R Gavai*, Prashant Kumar Mishra and K.V. Viswanathan, JJ., held that the NGT’s finding that initially the plot where GPP was constructed had been reserved for a Bio-diversity Park, was erroneous and factually incorrect.

The Court further cautioned Pune Municipal Corporation and Noble Exchange Environment Solution to follow the suggestions made by National Engineering and Environment Research Institute (NEERI) and directed them to install portable compactors with hook mechanisms by 31-12-2024, to ensure that the reject waste does not touch the ground.

Background:

While working upon a Development Plan in 2002, vis-a-vis extension of municipal limits of Pune Corporation to Baner Balewadi, land situated at Survey No. 48/2/1 was reserved for the purpose of a GPP. After the requisite process, the Development Plan was sanctioned by 2008. Furthermore, in the interregnum, permissions were sought to construct residential buildings a few hundred meters away from the area earmarked for the GPP.

In 2019, Sus Road Baner Vikas Manch, a registered Trust that had been established to protect the interests of the citizens residing at the Sus Road and Baner areas in Pune, preferred an application before the NGT, Western Zone, seeking to restrain Noble Exchange Environment Solution from operating the aforementioned GPP at Survey No. 48/2/1, since the same had been established without following the procedure prescribed by law.

The NGT formed an expert committee comprising the CPCB and the MPCB to inspect the GPP and the area in question and submit a report. Based on the report of the joint inspection, the NGT held that the GPP was in violation of the right to clean environment of the inhabitants and was against the statutory norms and further directed that the GPP be shut down and the site in question might be used for the purpose of developing a bio-diversity park, for which purpose the site had been originally designated.

Aggrieved with the NGT order Noble Exchange Environment Solution preferred a review, which was also dismissed. Hence the instant appeal came into being.

Court’s Assessment:

Perusing the proposed Land Use Map for village Balewadi, Baner which was notified on 31-12-2002, the Court found that Plot No. 48/2/1 had been reserved for GPP and few other plots had been shown in Green Belt. Furthermore, in the Draft Development Plan published as per the provisions of Maharashtra Regional and Town Planning Act, 1966, it was also revealed that Plot No. 48/2/1 had been shown as reserved for GPP. “It could thus clearly be seen that right from 2002, the Plot in question has been reserved for GPP”.

Examining whether the GPP was in violation of R. 20 of Solid Waste Management Rules, 2016, the Court noted that the Preamble to 2016 Rules itself states that though the 2016 Rules are in supersession of the Municipal Solid Waste (Management and Handling) Rules 2000, and they will apply except as respect to things done or omitted to be done before such supersession.

The Court noted that application for authorization as per Rule 4(2) of the 2000 Rules was made by Pune Municipal Corporation on 10-8-2015 in Form-I and the authorization was granted in Form-III of the 2000 Rules on 2-12-2015. The processing plant also became operational on 17-12-2015. It is also to be noted that the Environment Clearance in respect of the Organic Waste Management Plant at Talegaon, Dabhade, was granted after public hearing on 1-2-2016. “It could thus clearly be seen that the application for grant of authorization, grant of authorization, grant of Environment Clearance and the commencement of the project was all prior to 8-4-2016 i.e. the date on which the 2016 Rules came into force”.

Therefore, the Court held that the NGT had grossly erred in observing that the GPP in question was covered by the 2016 Rules. The Court also found that the plot in question had been reserved for the GPP since inception and it was the adjoining plot which was reserved for the Bio-diversity Park.

The Court further found that the NGT had failed to take this into consideration that consent to Operate was granted by the MPCB on 1-11-2022 and it was further renewed till 30-9-2025 and the authorization to set up and operate the GPP had been granted till 31-7-2027. It was thus clear that the MPCB started granting Consent only after 6-9-2021 and prior to that, it was only issuing a composite authorization.

Hence, the Court found that the NGT’s findings regarding the GPP and directing its closure were erroneous. It was observed that the closure of the GPP in question would be detrimental to public interest. If the GPP in question is closed, the organic waste generated in the western part of Pune city would be required to be taken all the way throughout the city to Hadapsar which is in the eastern part of the city. This will undoubtedly lead to foul odour and nuisance to the public.

Setting aside the impugned orders of the NGT, the Court however cautioned that necessary steps should be taken so that the residents residing in the nearby buildings do not have to suffer on account of foul odour.

Taking note of suggestions made by NEERI, the Court directed the Corporation and Noble Exchange Environment Solution to strictly comply with the suggestions and issued further directions as follows-

Construct bitumen road to the Waste Segregation Plant and concrete the reject area which will enhance clean transfer of waste and avoid accumulation of water around the Waste Segregation Plant.
Construct a shed to cover the reject area by 31-12- 2024.
To carry out plantation with thick density so that there would be a green cover on all the sides of the GPP.
Regarding the area earmarked for bio-diversity park, the State Government was directed to consider the possibility of growing Miyawaki forests so as to provide green lungs to the nearby areas.
NEERI to conduct an environmental audit of the GPP every six months.