Order of the National Green Tribunal on disposal of C&D waste, Delhi, 20/05/2020
Order of the National Green Tribunal in the matter of Pawan Kumar Sharma Versus Govt. of NCT of Delhi dated 20/05/2020 regarding violation of environmental norms by IL & FS Company at Jahangirpuri, Delhi.
Delhi Pollution Control Committee (DPCC) was required to furnish an action taken report in the matter. The matter was last considered on 27.11.2019 in the light of earlier proceedings and further reports filed on 08.08.2019 and 21.11.2019 mentioning the remedial steps for compliance of conditions of authorization under the Construction & Demolition Waste Management Rules, 2016. It was also noted that there was huge deposition of construction and demolition (C&D) waste in front of main boundary wall/main gate of the C&D waste processing facility.
The Chief Secretary, Delhi on January 15, 2020 sent demi official (DO) letters to National Highways Authority of India (NHAI), Central Public Works Department (CPWD), National Buildings Construction Corporation India Limited, Delhi Development Authority (DDA) for taking action urgently to overcome/redress the problem of accumulated C&D Waste (both Processed & Unprocessed) lying at the C&D Waste Processing Facilities in Delhi particularly at Jahangirpuri (Burari) & Shastri Park by “expediting & maximizing the utilization of C&D Waste Recycled Materials / Products of the 3 existing C & D Waste Processing Facilities in Delhi at Jahangirpuri (Burari), Shastri Park & Mundka (Ranikhera) in the projects of their organization to meet the targets” fixed by Ministry of Housing and Urban Affairs, the tribunal was informed.
In the report filed by the DPCC on March 19, 2020, it was stated that there was improvement in take-off/lifting of C&D recycled materials and C&D waste received “at the C&D Waste Processing Facilities are matching with the off take of the C&D recycled products; thus there is no further accumulation of recycled products.”
The NGT observed that further steps needs to be taken to ensure increase of off take and lifting of C&D recycled material and that the capacity for processing of waste needs to be adequately enhanced with specific timelines. The Bhalswa landfill site had already crossed its capacity and it was not advisable to allow any more dumping of C&D waste.
The Chief Secretary, Delhi has been directed to coordinate with all concerned authorities in Delhi so as to ensure improvement of operational efficiency of the current site as well as setting up of additional sites so as to ensure that C&D waste was not transferred to the Bhalswa landfill site. A further action taken report has to be filed before September 28, 2020. If there was no adequate compliance of law, the tribunal warned that coercive measures would be taken, including recovery of compensation from the Delhi government for “its failure to uphold the rule of law resulting in continued damage to the environment and the public health”