Delhi High Court
Anti Corrutption Council Of India ... vs Government Of Nct Of Delhi And Ors. on 4 March, 2020
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 4th March, 2020
+ W.P.(C) 10775/2019
ANTI CORRUTPTION COUNCIL OF
INDIA THROUGH ITS AUTHORITSED
SIGNATORY MOHD KAMRAN KHAN ..... Petitioner
Through: Mr. Hussain Mueen Farooq, Mr.
Ashok Kumar Singh, Mr. A. Imran,
Mr. Ajeet Kumar Sharma, Ms. Reeta,
Ms. Shivani and Ms. Anuradha, Advs.
versus
GOVERNMENT OF NCT OF
DELHI AND ORS. ..... Respondents
Through: Mr. Jawahar Raju, ASC for
respondent no. 1
Ms. Biji Rajesh, Mr. Aman S. Bakhshi
and Ms. Aarti A. Mahto, Advs. for
EDMC
Ms. Garima Prashad, Standing
Counsel for respondent no. 3
Ms. Mini Pushkarna, Standing
Counsel with Ms. Swagata Bhuyan,
Ms. Khushboo Nahar and Ms. Latika
Malhotra, Advs. for respondent no. 4
Mr. Ripu Daman Bhardwaj, CGSC
with Mr. T.P. Singh, Adv. for
respondent no. 5
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 04.03.2020
D.N. PATEL, CHIEF JUSTICE (ORAL)
1. This Public Interest Litigation (PIL) has been preferred with the
following prayers:
"a. Direct the Respondents to take appropriate steps to stop
dumping the garbage and waste solid material in Bhalswa,
Ghazipur and Okhia in Delhi.
b. Direct the Respondents to make arrangement of dumping
garbage and solid waste material instead of these living areas
because people suffering from blood cancer and tuberculosis
because of severe ground water contamination in these
localities caused by the waste mountains here, to control the
situation by adopting appropriate steps to maintain and control
these above said situation.
c. Pass such further or other orders, which this Hon'ble Court
may deem fit and proper in the facts and circumstances of the
case in the interest of justice."
2. Having heard learned counsel for both the sides and looking to the
facts and circumstances of the case, it appears that the main grievance
ventilated in this petition by the petitioner is for stoppage of dumping of
garbage and solid waste material at Bhalswa, Ghazipur and Okhla, the three
dumping sites in Delhi, which is causing/posing serious health hazards to the
residents of the area.
3. We have heard counsel appearing for North Delhi Municipal
Corporation, South Delhi Municipal Corporation and East Delhi Municipal
Corporation.
4. It is submitted by the counsel for respondent no. 4 - North Delhi
Municipal Corporation that a detailed counter affidavit has been filed by the
North Delhi Municipal Corporation. Learned counsel for respondent no. 4
submitted that several steps have been taken by the North Delhi Municipal
Corporation to stop dumping of garbage and solid waste material at Bhalswa,
Ghazipur and Okhla in Delhi. Learned counsel further submitted that one
matter is already pending before the National Green Tribunal (NGT) being
OA no. 519/2019 and NGT is monitoring the very same issue regarding
disposal of garbage and solid waste material. For ready reference, paragraph
4 of the affidavit filed by the North Delhi Municipal Corporation reads as
under:
"4. That issue with respect of disposal of legacy waste dumped
at Bhalswa, Ghazipur and Okhla is also pending before the
National Green Tribunal, in Original Application No.519 of
2019, in the case of Centre for Wildlife and Environment
Litigation Versus Union of India & Ors. The NGT is also
monitoring the issue regarding the disposal of waste that has
been dumped at the three dump sites in Delhi at Bhalswa,
Ghazipur and Okhla. The NGT took into account the fact that
huge garbage has accumulated over a period of time in the
aforesaid dumping sites adversely affecting and impacting the
public health and environment. Thus, the NGT considered
various options for scientific management of garbage at the
three dumping sites in Delhi. After detailed consideration, the
NGT found merit in the option pertaining to bio-mining and
bio-remediation as environmentally safe treatment option. Copy
of the order dated 17.07.2019 passed by the Ld. Tribunal is
annexed here as ANNEXURE A-1."
5. Pursuant to the direction of NGT, we are informed that an ESCROW
account has been created by all the three municipal corporations, namely,
North Delhi Municipal Corporation, South Delhi Municipal Corporation and
East Delhi Municipal Corporation. North Delhi Municipal Corporation has
already deposited Rs.30 crores in the said ESCROW account, which shall be
utilized for solid waste management.
6. Looking to the steps taken by the North Delhi Municipal Corporation,
it further appears that a High Power Committee is also constituted, which is
headed by the Chief Secretary, for the removal of solid waste as stated in the
counter affidavit. Moreover, tenders have also been invited to entrust the
work of removal of solid waste from the aforesaid three dumping sites and
this work is going on and is in full swing.
7. Similarly, South Delhi Municipal Corporation has also filed a detailed
counter affidavit, wherein it has been stated by the South Delhi Municipal
Corporation that they have developed an intensive system for collection,
segregation, storage, transportation and processing/disposal of solid waste
through various scientific methods by using modern technology. The details
of this fact have been stated in paragraph 7 of the counter affidavit, which
reads as under:
"7. TRANSPORTATION OF SOLID WASTE:
a) In three out of the four zones namely Central, South and
West zone, the work of collection and transport of the Solid
Waste comprising the primary collection through auto tippers
and secondary transport through mobile compacters or the
fixed compacter transfer stations is being done through private
concessionairs. The integrated system of collection and
transport through single agency has brought about greater
efficiency and cleanliness in handling of the Solid Waste.
b) Following are the resources deployed in three zones:-
S.No Type of machinery/vehicle Name of Zones
Central (in South (in West (in Najaf
Nos.) Nos.) Nos.) garh
(in
Nos.)
6. Backhoe Loaders 2 2 3 To be
provided
7. TATA 407 18 - - To be
provided
8. Bin washer vehicles 4 2 - To be
provided
9. Road sweeping waste 5 - - To be
provided
collection vehicles
10. Refuse collectors - 6 - To be
provided
11. Manual Rickshaw - 56 60 To be
provided
14. Open dumper - 4 - To be
provided
15. Three wheeler - 28 - To be
provided
c) As regards the fourth zone namely Najafgarh zone, the
present system involves collection and transport through
deployment of departmental resources. However, the work has
now been entrusted to a private concessionaire. Concessionaire
has started the work in 5 wards out of 25 wards in a phased
manner and the work in remaining 20 wards is likely to be taken
up in the next two months approximately."
Regarding steps being taken for processing/disposal of solid waste, the
details have been given in paragraph 8 of the counter affidavit filed by the
South Delhi Municipal Corporation, which reads as under:
"8. PROCESSING/DISPOSAL OF SOLID WASTE:
Out of the total transport of 3600 MI (average) Solid waste per
day, the disposal is as given below:-
S.No. Name of facilities Disposal of Solid
Waste (Average
in MT)
1. Waste to Energy Plant, Okhla 1650
3. Sanitary Land Fill Okhla Phase-I. 1850
Total 3600"
Thus, 36 metric tonne solid waste is being disposed of per day by
South Delhi Municipal Corporation. Moreover, bio-mithanation plants have
also been installed, having a capacity of 5 metric tonne of solid waste per
day. Processing plant of 1 metric tonne of solid waste per day has also been
brought into operation.
8. Similarly, East Delhi Municipal Corporation has also filed a detailed
affidavit, wherein they have also stated that Rs.40 crores has been deposited
in the ESCROW account pursuant to the direction of NGT and the aforesaid
amount shall be utilized for solid waste management. East Delhi Municipal
Corporation has also narrated in detail the steps taken by them for the
disposal of the solid waste, which read as under:
"4. That in compliance of the direction of the Hon'ble NGT an
amount of Rs. 40.00 crores has been deposited by EDMC in
current account no.38677549754 in State Bank of India on
13.08.19 under the beneficiary name DPCC-EDMC-SWM
ESCROW well within stipulated time.
5. That in compliance of the orders of Hon'ble NGT, North
Delhi Municipal Corporation acted as Nodal Corporation on
behalf of all three Corporations has completed tender
formalities for the segregation of legacy waste for all three
sites. The letter of award/empanellment with the name of work
"Hiringof segregating trammels for bio-mining and bio-
remediation of old dump waste at Bhalswa, Ghazipur and
Okhla dumpsites in Delhi" has been issued. Two of the
empanelled agencies namely M/s. Daya Charan & Co. and M/s.
Sai Interprises contacted EDMC for the execution of the work.
The two agencies have setup one trommel each for segregation
of legacy waste at site under the prevailing site constraints. The
installation work of the machinery by both the agencies has
been completed.
6. That NHAI did not take up the work in accordance with MoA
dated 29.11.2016, therefore, EDMC itself initiated a Pilot
Project for segregation of legacy waste into four fractions viz.
>40 mm size combustible (RDF) and C&D, <40 and >6 mm
inert and <6mm soil like material. Accordingly, a pilot plant
comprising of a ballistic separator with 40 mm screen and 6mm
screen trammel connected with required conveying system was
installed and trial run started on 23.09.19. From this pilot
project the composition of different fraction obtained in the
process are for C&D Waste, RDF, Inert and soil as 10%, 20%,
20% and 50% respectively. At present the RDF is being taken
to Waste to Energy Plant Ghazipur and rest of the fractions are
lying at site. EDMC has also got tested the soil by the "Shri
Ram Institute of Industrial Research". The report indicates
absence of any hazardous material in the soil sample tested.
7. That the last date of hearing was held on 19.11.2019,
(Annexure-B) Para no. 7858 are reproduced as under:
"7. Since we are informed that at Bhalswa, capacity
will be shortly increased to 3300 TPD. The
capacity at Okhla and Ghazipur dumpsites also
needs to be enhanced, the capacity for bio-mining
may be further enhanced, at all the three sites. An
action plan be prepared and implemented so as to
clear the legacy waste in an expedited timeline but
within one year as earlier directed. It needs to be
ensured bioremediation is carried out rather than
mere mechanical separation. The CPCB may verify
that waste clearance is as per norms and give a
report. The implementation of action plan be
monitored by the Chief Secretary, Delhi. The Chief
Secretary, NCT Delhi may undertake monthly
monitoring of the progress and take action if there
is default in terms of speed of progress. Failure to
comply may result in coercive action, including
stoppage of salaries and entries in ACRs of the
concerned erring officers.
8. The administrative difficulties need to be
resolved at the administrative level by coordination
with the concerned authorities. The urgency in the
matter is also with a view to prevent air pollution
and adverse health impact.""
9. In view of the steps already taken by the respondents, we see no
reason to further monitor this case. We expect from the respondents that the
steps initiated by them for solid waste management in Delhi shall continue
and remain in operation in future.
10. With these observations, this writ petition is hereby disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J
MARCH 04, 2020/r.bararia
