SC quashes NGT verdict directing closure of garbage processing plant in Pune

New Delhi, Sep 12 (PTI) The Supreme Court on Thursday quashed the National Green Tribunal (NGT) verdict which directed the closure of a garbage processing plant at Pune’s Baner, saying shutting it down would be “detrimental” to the public interest.

The apex court said if the plant is closed, the organic waste generated in the western part of Pune city would be required to be taken all the way throughout the city to Hadapsar which is in the eastern part.

“This will undoubtedly lead to foul odour and nuisance to the public,” a bench comprising Justices B R Gavai, P K Mishra and K V Viswanathan said.

The top court delivered its verdict on the appeals filed by the Pune Municipal Corporation and others challenging the October 2020 verdict of the NGT which directed the civic body to close the garbage processing plant (GPP) at Baner.

The NGT had also directed to shift the GPP to an alternate location in terms of the guidelines issued by the Central Pollution Control Board within four months.

The operator of the GPP had filed an application before the NGT seeking review of its order but the same was dismissed by the tribunal in December 2020.

The apex court noted that the NGT’s order dismissing the review application was also challenged before it.

It also noted that NGT had passed the October 2020 verdict on a plea seeking to restrain the concessionaire from operating the GPP at Baner.

The top court noted the corporation and the concessionaire had entered into a concession agreement on March 30, 2015, for setting up an organic waste processing plant there.

Dealing with the case, the apex court noted the proposed land use map for the Balewadi village, Baner which was notified on December 31, 2002, revealed that a plot was reserved for GPP.

“We further find that the finding of the tribunal that initially the plot where GPP was constructed was reserved for a bio-diversity park is also erroneous and factually incorrect. As discussed hereinabove, the plot in question has been reserved for the GPP since inception and it is only the adjoining plot which was reserved for the bio-diversity park,” the bench said.

It said the tribunal had erred in directing the closure of the GPP.

“Apart from that, we find that the closure of the GPP in question rather than subserving the public interest, would be detrimental to public interest,” the bench said.

Referring to the Solid Waste Management Rules, 2016, the top court noted the rules also give preference to on-site processing of waste and emphasises preference to be given to decentralised processing to minimize transportation costs and environmental impact.

The bench noted the corporation’s submission that 48 such GPPs have been commissioned throughout the city of Pune wherein the non-compacted, organic waste was segregated to remove any non-biodegradable materials and the residual organic waste was crushed to make a slurry.

“The said slurry is then transported to a site in Talegaon where raw biogas is generated from the slurry. At the Talegaon plant, biogas is produced which is used for providing fuel to the public transport buses. As such, the entire project is environmentally friendly,” the bench said.

While setting aside the NGT’s October 2020 and December 2020 orders, the bench cautioned the corporation and the concessionaire that they should take necessary steps so that residents residing in nearby buildings do not have to suffer on account of foul odour.

It referred to the recommendations made by the National Environmental Engineering Research Institute (NEERI) in its report, which included that the slurry-making area needed proper cover in the hopper area to reduce odour or foul smell.

The bench directed the corporation and the concessionaire to ensure that all the suggestions made by NEERI were strictly complied with.

It also directed the corporation to install by December 31, 2024, the portable compactors with hook mechanisms to ensure that reject waste does not touch the ground.

“The appellant-corporation is further directed to construct a bitumen road to the waste segregation plant and concrete the reject area which will enhance the clean transfer of waste and avoid the accumulation of water around the waste segregation plant,” it said.

The bench also directed the corporation and the concessionaire to construct a shed by December 31, 2024, so as to cover the reject area.

“We further direct the appellant-corporation/respondent-concessionaire to carry out plantation with thick density so that there would be a green cover on all the sides of the GPP,” it said.

“Insofar as the bio-diversity park is concerned, we direct the state government to consider the possibility of growing Miyawaki forests so as to provide green lungs to the nearby areas,” the top court said.

While allowing the appeals, it directed the NEERI to conduct an environmental audit of the GPP every six months.

It also asked the corporation and the concessionaire to ensure that suggestions made in the audit were strictly complied with.