IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION PUBLIC PUBLIC PUBLIC INTEREST LITIGATION NO. 47 OF 2003 INTEREST LITIGATION NO. 47 OF 2003 INTEREST LITIGATION NO. 47 OF 2003 Shri Narayan s/o Namdeo Yadav & Ors. ] .. Petitioners Versus The Municipal Corporation of the City ] of Nashik & ors. ] .. Respondents Mr. P.G. Godhamgaokar with Mr. N. Waghela for the petitioners. Mr. V.A. Gangal for the respondent No.1. CORAM: R.M. LODHA & ANOOP V. MOHTA, JJ. DATED: 08TH FEBRUARY, 2006 P.C. : . We heard Mr. P.G. Godhamgaokar, the learned counsel for the petitioners and Mr. V.A. Gangal, the learned counsel for the respondent No.1. We perused the Compliance Report submitted by National Environmental Engineering Research Institute (NEERI) on 23rd August, 2005 pursuant to the order of this Court. It appears from the Compliance Report submitted by NEERI that the NEERI team visited the compost plant site at Pathard, Shivar, Nashik on August 8, 2005. Based on their : 2 : inspection, status of the compliance has been reported thus: Status Status Status of Compliance on the Recommendations by NEERI for of Compliance on the Recommendations by NEERI for of Compliance on the Recommendations by NEERI for Compost Compost Compost Plant at Nashik, Maharashtra State. Plant at Nashik, Maharashtra State. Plant at Nashik, Maharashtra State. ------------------------------------------------------------ ------------------------------------------------------------ ------------------------------------------------------------ Sr. Sr. Sr. General Recommendations by General Recommendations by General Recommendations by Compliance Compliance Compliance status status status No. No. No. NEERI (visit on 02.10.2004) NEERI (visit on 02.10.2004) NEERI (visit on 02.10.2004) as as as on 08-08-2005 on 08-08-2005 on 08-08-2005 ------------------------------------------------------------ ------------------------------------------------------------ ------------------------------------------------------------ 1. Provision of trenches around Not complied existing sanitary landfill site for leachate collection needs to be made. 2. Segregation of biodegradables, Partially complied. recyclables, inerts and hazar- One trommel screen -dous and solid waste as per having 75 mm size MSWM (M&H) Rules 2000, to be holes was procured practiced to reduce input for and installed in composting vis a vis increase prefermentation in biodegradable component of storage yard which the input. separates biogreda- -bles from large quantity of rejects (Annexure Annexure Annexure I I I). The rejects are diverted for landfilling. 3. Habitation should not be No habitation was developed within the existing found within the buffer zone. existing buffer zone 4. More tree plantation for Additional trees have minimization of air pollution been planted around should be done landfill which are reported to be around 5000 (Annexure II Annexure II Annexure II) 5. Leachate collection and treat- Partly complied as -ment at compost plant be collection of leachate followed. in sump well is only done. No leachate treatment plant was installed on site. 6. Proper masks, gumboots and Complied : 3 : handgloves to workers and medical check up need to be provided. 7. Water quality in and surrounding As per Maharashtra landfill site to be monitored Pollution Control Board periodically (MPCB) directives, NMC has monitored the water quality through approved agency i.e. Mahabal Enviro Engineers Pvt. Ltd. and statement to this effect is enclosed (Annexure Annexure Annexure III III III). The water has high total and faecal coliforms counts indicating that it is not suitable for drinking purposes. 8. Odour/smell/flies need be Not complied. Odour minimized. still persists at the compost plant site. 9. Windrows should be adequately Not complied (Exhibit covered by constructing sheds as Annexure IV Annexure IV Annexure IV) and/or with soil/rejects of 1"-2" size. 10. The compost as well as the large Not complied quantity of rejects should be analysed for presence of organic contents. Laboratory facilities and infrastructure should be strengthened at compost plant. 11. Samples should be collected from Not complied. prefermentation stack and analysed periodically at various depths of waste stack. 12. Leachate sample collection should Partly complied. The be done periodically and NMC had analysed the analysed. The treatment of the leachate samples leachates should be carried out through MPCB approved before it is discharged to the private lab. & results public sewer lines. indicate leachate has very high BOD(23500 mg/l), COD(36903 mg/l) and TDS(25518 mg/l) requiring treatment : 4 : before disposal in sewer line (Analysis report as Annexure V Annexure V Annexure V) 13. As per Handling Rules 2000, the Complied. rejects should be disposed off at landfill sites. NMC official should take steps accordingly. 14. As suggested by MPCB, backlog Complied. of accumulated waste should be removed. 15. The compost plant should be Not complied as 35 mm & operated at its full capacity. 16 mm rotary trommel screens were under repair and processing is stopped totally for compost preparation at the time of visit in August 2005. 16. Composting and sanitary disposal Not implemented. How- of solid waste in sanitary -ever, windrow turning landfill need to have appropriate obeserved using management of waste and strict poclain (Annexure VI Annexure VI Annexure VI) monitoring of scheduled turning frequency of waste in windrows. Provision of visual signage system to be made. 17. Adequate application of sani- Odour/smell still -tizers for removal of flies. persists at compost plant. Odour causing parameters such as ammonia, hydrogen sulphide etc. still persist in the ambient air. The analysis results (Annexure VII Annexure VII Annexure VII) through MPCB approved agency indicate that ammonia and sulphur dioxide gases do not exceed the acceptable levels for ambient air quality at the processing unit and landfill site. However, monitoring of : 5 : hydrogen sulphide gas which is also contributing odour, has not been done. 18. Height of windrows need be Not complied. reduced from 4-4.5 m to 2.00 m to prevent developing anaerobic condition in windrows. 19. Recirculation of leachate water Complied. for irrigating windrows should be stopped to minimize leachate generation and odour problem. 20. Height of wall of leachate sump Partly complied. Screen well be raised to avoid floating provided over top of matter entering into well. the well (Annexure VIII Annexure VIII Annexure VIII which could prevent floating matter entering into well. 21. The filled-up 3 cells of the Not complied. sanitary landfill (SLF) should be suitably covered. 22. Leachate collection system Not complied. Presently should be provided all around the site has been the cells 1, 2 & 3 at SLF. closed & adjacent land is used for disposal of waste in unplanned manner. 23. Unregulated waste dumping at Complied. The waste south of dump site creating is now disposed of in unhygienic conditions was the existing landfill discontinued forthwith. ------------------------------------------------------------- Recommendations Recommendations Recommendations Nashik Municipal Corporation is required to implement all the recommendations of NEERI CPCB and MPCB without further delay. 2. We issue the following directions to the Municipal Corporation of Nashik: : 6 : (i) As regards provision of trenches around existing sanitary landfill site for leachate collection, time upto 31st March, 2006, is given for compliance. In respect of leachate collection and treatment at compost plant, we direct the Corporation to install leachate treatment plant as early as possible and in no case later than 31st August, 2006. (ii) As regards odour/smell/flies, further steps need to be taken by the Corporation to minimize the same and the Corporation shall henceforth ensure that odour at the compost plant site is at the minimum possible level. (iii) The Corporation shall adequately cover windrows by constructing sheds and/or with soil/rejects of 1"-2" size by 31st March, 2006. (iv) The leachate samples showing very high BOD (23500 mg/l), COD (36902 mg/l), TDS (25,518 mg/l) requires treatment before disposal in sewer line and we direct the Corporation to make necessary arrangement in that regard as early as possible and in no : 7 : case later than 31st August, 2006. (v) The Corporation shall fully comply with the recommendation made by NEERI in respect of height of wall of leachate sump well to avoid floating matter entering into the well by 31st March, 2006. (vi) The uncovered sanitary landfill (SLF) shall be suitably covered as early as possible and in no case later than 31st August 2006. (vii) The recommendations made by NEERI for providing leachate collection system all around the cells 1, 2 & 3 at SLR shall be complied with by 31st August, 2006. (viii) The recommendations made by NEERI at Sr.No.10 and 11 which, in the opinion of NEERI, has not been complied with is also directed to be complied with by the Corporation. 3. We record the statement of the learned counsel for the Corporation that the general recommendations set out at Sr.No.2, 15, 16, 17 and 18 have been complied : 8 : with. 4. We observe that in case of non compliance of any of the aforesaid directions, the Commissioner of Nashik Municipal Corporation shall be held personally responsible and, if necessary, the Court may have to initiate action against the Nashik Municipal Corporation and its Commissioner. 5. The Nashik Municipal Corporation is directed to submit the Report about the compliance of the aforesaid directions by 11th September, 2006. 6. The Writ Petition (PIL) is disposed of. 7. However, the petitioners shall be at liberty to apply for further orders if the aforesaid directions remain not complied with by respondent No.1. Sd/- [R.M. [R.M. [R.M. LODHA, J.] LODHA, J.] LODHA, J.] Sd/- [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.] [srpasha@hc]