NGT forms panel to ascertain compliance of green norms at Bandhwari landfill site

Noting serious lapses on the part of authorities in Haryana in managing the Bandhwari landfill site at Gurugram, the National Green Tribunal has said failure of the administration and neglect of responsibility is enough for destruction.The tribunal has formed a committee and directed the state to submit a report on compliance of environmental norms.A bench headed by NGT Chairperson Justice Adarsh Kumar Goel constituted a three-member committee comprising officials from the Central Pollution Control Board, Haryana State PCB and the District Magistrate, Gurgaon.

Noting serious lapses on the part of authorities in Haryana in managing the Bandhwari landfill site at Gurugram, the National Green Tribunal has said the failure of the administration and neglect of responsibility is enough for destruction.

The tribunal has formed a committee and directed the state to submit a report on compliance with environmental norms.

A bench headed by NGT Chairperson Justice Adarsh Kumar Goel constituted a three-member committee comprising officials from the Central Pollution Control Board, Haryana State PCB, and the District Magistrate, Gurgaon. The committee may visit the site, interact with stakeholders and take assistance from any other individual/institution and give its report within one month by e-mail, it said.

"The report may inter alia include causes of fire, reasons for unauthorized persons working in the landfill premises, progress on remediation of the site and setting up of waste processing plant, steps were taken by the MCG to prevent sliding of garbage mound due to fire and during monsoon and status of compliance of Rules on relevant aspects," the bench said.

The NGT said that effective remedial measures including an effective monitoring mechanism are required because of the seriousness of the situation. "A welfare state can hardly be oblivious to its Constitutional obligation to the citizens for the protection of public health particularly when failure to prevent the outbreak of diseases results in mass destruction of human lives. No enemy is needed. "Failure of the administration and neglect of responsibility is enough for destruction. We hope such failure will be remedied if the State has any concern for the safety of its citizens and the rule of law. The effectiveness of the monitoring mechanism needs to be looked into. The erring officers need to be made accountable for such continuing failure," the bench said.

The tribunal was hearing a plea filed by Poonam Yadav alleging failure to maintain environmental norms in handling the Bandhwari landfill site. According to the applicant, a Waste Management project has been developed and contract assigned to a Chinese company - Eco-green Energy Private Limited in the year 2017. However, the steps taken being inadequate, the waste is being burnt causing huge air pollution which has the potential to affect not only the inhabitants but also the Asola Bhati Wildlife Sanctuary having 193 species of birds, a large number of medicinal plants, and more than 80 species of butterflies, blackbuck, Golden Jackal, leopards, the plea said.

''The landfill fires contain a high level of pollutants, adversely affecting the air quality and hazard to the human health and other living creatures, flora fauna of the protected area. "Though Waste to Energy Plant has been set up, the same is not compliant with environmental norms. Frequent fires are emitting dangerous fumes from the combustion of the wide range of materials emitting carbon monoxide, hydrogen sulfide, volatile organics, production of dioxides, furans are also documented risk factors," the plea said.

The tribunal, after noting the submissions, said," because of the grim picture depicted above, there appear to be serious lapses and continuing failure on the part of the authorities of the State of Haryana in performing the constitutional obligation of providing a clean environment and upholding the rule of law." It directed the Chief Secretary, Haryana to give a response within one month thereafter about remedial action taken to comply with the law and steps taken against erring officers for failure for a long time to remedy the situation resulting in such an ugly situation. "The monitoring mechanism in place to ensure that such failures do not happen may also be mentioned. The report may be furnished by e-mail. The applicant may serve a set of papers on the chief secretary, Haryana, CPCB, Haryana State PCB, and the district magistrate, Gurgaon, and file an affidavit of service within one week," the bench said.