New Delhi Oct 18 (KNS): In a significant order passed by National Green Tribunal -NGT, a petition on unscientific dumping of Municipal Solid Waste -MSW by Municipal Council Pulwama near Newa village in the Karewa land surrounded by apple and almond orchards was disposed of on the very first day of the case hearing.
The Principal bench of Justice Prakash Srivastava and Dr A Shenthil Veil ( Expert Member) asked the petitioner Dr Raja Muzaffar Bhat to approach CEO Municipal Council Pulwama with a detailed representation and if the grievance was found to be true the Municipal Solid Waste- MSW be cleared within 3 months around the site.
The NGT's order further gave direction to the J&K Pollution Control Committee-JKPCC to conduct an inspection of the site after 3 months and ascertain whether the remedial action was taken or not by the Municipal Council Pulwama. The tribunal also said that if violations continued even after the 3 months the JKPCC can impose penalty on MC Pulwama by way of Environmental Compensation.
“If the violation is found to be continuing, appropriate action for imposition of environmental compensation will be initiated by respondent number 2 ( JKPCC)” reads the NGT’s order
Pertinently the MC Pulwama was dumping its municipal solid waste near Dangerpora locality of the town for many years and when this place got choked the municipal vehicles started dumping the waste in Newa village located around 5 kms of the town.
"The area which has been chosen is Karewa land which is surrounded by apple , plum and almond orchards. The MC Pulwama is openly violating MSW Rules 2016 by bringing waste in mixed form to the site. Moreover the waste is being buried under the soil and during evening the waste is burnt as well which is all illegal. We have its clear photos and videos that were produced before Hon'ble NGT. This site can't be developed even as a sanitary landfill site due to its location on an elevated land surface. " said Advocate Saurabh Sharma , counsel for the petitioner Dr Raja Muzaffar Bhat
The petitioner Dr Raja Muzaffar Bhat through his counsel Advocate Saurabh Sharma raised the grievance through original application (OA No 515-2025) against the illegal and unscientific dumping of municipal solid waste, bio- medical and plastic waste around Karewa land of Newa (Haes Khodd) area of District Pulwama by Municipal Council of Pulwama.Click Here To Follow Our WhatsApp Channel
The counsel of the applicant informed the tribunal that MSW dumping was taking place in violation of the Solid Waste Management Rules, 2016. He also alleged that no source segregation of the solid waste was done by Municipal Council, Pulwama & unsegregated waste is dumped there in violation of rules and norms.
The tribunal in its order said that applicant has not filed a comprehensive complaint before the CEO MC Pulwama and he was directed to submit the same and if the grievance is true the CEO will take remedial action in 3 months followed by Pollution Control Committee's inspection.
The applicant had also raised the issue related to aircraft movement around the area as a large number of birds especially eagles were seen near garbage site for the last 3 to 4 months which according to the applicant could cause bird hit in the area.
“Learned Counsel for the applicant has referred to the photographs on page no.44 of the OA. Though, Counsel for the applicant submits that a complaint on page no.49 was made to the authorities but we find that no comprehensive similar complaint address to the respondent no.3- CEO, Municipal Council, Pulwama alone, is on record.
We are of the view that grievance which the applicant is raising needs to be looked into by respondent no.3-CEO, Municipal Council, Pulwama at the first instance and if the allegation is found to be correct, expeditious remedial action is required to be taken.
Hence, we permit the applicant to make a detailed complaint along with all the supporting material to the respondent no.3-CEO, Municipal Council, Pulwama who on receipt of the same will get the spot inspection done and if the allegation is found to be correct, will take appropriate remedial action within three months from the date of receipts of the complaint .
Respondent no.2-JKPCC will carry out the inspection immediately after three months to ascertain if the remedial action has been taken. If the violation is found to be continuing, appropriate action for imposition of environmental compensation will be initiated by respondent no.2. In the view of the above, OA is accordingly disposed of “(KNS).