NGT Orders Igatpuri Municipal Corporation To Pay 76 Lakh Damages For Failure To Manage Solid Waste Affecting Mumbai’s Water Quality

The National Green Tribunal (Western Zone) has directed the Igatpuri Municipal Corporation (IMC) to pay Rs. 76 lakh as environmental damage compensation within three months for its failure to set up a Solid Waste Management Plant.

Judicial Member Justice (Retd) Dinesh Singh and Expert Member Dr Vijay Kulkarni noted that Golibar Maidan in the heart of the city, where all type of waste from 30 to 35 feet high is accumulated, is “not a suitable place” for establishment of Solid Waste Management Plant.

During the rains huge amounts of toxic garbage flows into the nearby stream and from there to the Vaitarna river and dam. The dam caters to the water needs of over 17 lakh homes in Mumbai and the IMC received several notices from the BMC, the court noted.

Applicants Ajay Gulab Singh and others through advocate Abhishek Yende and Sagar Paspohe claimed they were assured of another dumping site over 10 years ago but there is no progress since then.

IMC argued that it had already decided to set up a plant in Awalkhed around 6-7 kms from Igatpuri back in 2002. In 2008 they purchased the plot of land and began construction. However, Aseema Public Trust, running a village school, objected and approached the High Court. In 2010, the Bombay High Court ordered status quo which continues till date.

By 2015 a committee was appointed to survey six sites which found Awalkhed to be best suited for the Solid Waste Management Plant. However, since then no hearings were conducted, the IMC claimed.

It argued that it was trying to treat waste before dumping it in the maidan as well.

Maharashtra Pollution Control Board (MPCB) in their affidavit said that owing to the non-compliances in July this year it had issued prosecution notices to IMC and also directed IMC to pay Rs.40 lakhs towards non-compliance of Solid Waste Management Rules, 2016, from 2020 to July 31, 2023 and Rs.36 lakhs for not commencing the work of legacy waste site remediation. Moreover, payment of Rs.1 lakh per month till compliance.

The Public Trust argued against shifting the plant to Awalkhed as the Zoite river is only 10 meters away and there would be health hazards for the villagers.

The tribunal opined urgent measures were required to minimize the health hazards. The IMC could either pick an alternate site or push the matter before Bombay High Court for disposal. But it would have to pay compensation till then as ordered by MPCB, NGT held.

“But till the alternate site is found out where the SWM Plant can be established, we have to pass an appropriate order to take care of the solid waste which is generated as also legacy waste.”

Moreover, it directed the Maharashtra Pollution Control Board to take stock of the situation and along with expert advice of NEERI, Nagpur, shall prepare a short term (three months) and a long term (one year) remediation plan in consultation with Igatpuri Municipal Council within a period of four weeks.

If a compliance report isn't submitted within eight weeks penalty would be recovered from the Member Secretary, MPCB and Chief Officer, Igatpuri Municipal Council.

ORIGINAL APPLICATION NO.24 OF 2023

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