Swaccha Bharat Solid-Waste Management Facility Not ‘Illegal Organic Fertilizer Plant’, Baseless Apprehension: Calcutta High Court

The Calcutta High Court has dismissed a PIL challenging an upcoming solid-waste management plant (“SWM”) set up under the Swaccha Bharat mission, on grounds of it ‘illegally creating organic fertilizer’, thereby causing a nuisance and hazard for general public.

Upon perusing a report of the Block-Development Officer, Bongaon, on the proposed steps to be taken at the facility, in terms of safety, sensitising the public, and converting organic waste into recyclable material, a division-bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya held:

In the light of the report submitted by the Block Development Officer, which is taken on record, we find that the apprehension of the writ petitioners is baseless. Therefore, no direction as sought for in the writ petition can be granted except to observe that the authorities upon establishing the solid waste management plant shall ensure that the area is kept clean and the segregation of the garbage is done in a proper manner and also to ensure that the local residents are in not in any manner affected by the establishment of the solid waste management facility.

It was submitted by the petitioners that the plant was being illegally converted into an organic fertilizer plant, and that dead animals carcasses were also being dumped there.

It was argued that in the area which was densely populated with around 300 families, any hazardous activity would pose grave dangers for the community.

In response, the State relied on a report filed by the BDO, Bongaon, and argued that the facility was not an illegal organic fertiliser plant, but instead a solid-waste management facility set up under the Swachh Bharat mission and many similar facilities were operational all across the country.

It was submitted that local villagers had already been informed of the project, and sensitisation drives were held to remove any misconception on the eco-friendly nature of the project, which had been conceived to remove health hazards rather than cause them.

State submitted: “Solid-waste management is a programme to turn daily household wastes into an organic fertilizer and recyclable plastic products, which will also reduce the chances of vector borne diseases.”

In light of the report of the BDO, and the submissions of the State, the Bench dismissed the PIL and concluded:

“The authority shall continue to sensitize the local public and if need be, a door to door campaign handing over pamphlets as to why the solid waste management plant is being set up can be distributed in the locality so that the public gain confidence and stand duly sensitized about the need for such a project.”

Case: Apurba Biswas & Ors. v. The State of West Bengal & Ors.

Coram: Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya

Citation: 2023 LiveLaw (Cal) 244

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