In The Matter Of Suo Moto Public Interest Litigation Based On News Item Published v. 1 - State Of Chhattisgarh Through Chief Secretary, Mahanadi Bhawan, Atal Nagar, Nawa Raipur
Case Details
1 2025:CGHC:5560-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 108 of 2024 In The Matter Of Suo Moto Public Interest Litigation Based On News Item Published In Daily News Paper Haribhumi, Bilaspurbhumi Chhattisgarh, Dated 25-12-2024 The News Items As Follows- Nigam Ne Uthaw Band Kiya, Ek Saal Pahle Nagar Nigam Ne Kachra Uthane Ka Kiya Tha Anubandh, 300 Udhyogo Ka Kachra Sirgitti Me Dump, Aabohawa Ho Rahi Jahrili. ... Petitioner(s) Versus 1 - State Of Chhattisgarh Through Chief Secretary, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, (C.G.) 2 - State Of Chhattisgarh Through Secretary, Urban Administration And Development Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, (C.G.) 3 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur (C.G.) 4 - State Of Chhattisgarh, Through Secretary, Nagar Vikas Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, (C.G.) 5 - State Of Chhattisgarh, Through Secretary, Commerce And Industry Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, (C.G.) 6 - Chairman C.G. Environment Conservation Board, Raipur, (C.G.) 7 - Managing Director C.S.I.D.C., Udyog Bhawan, Raipur (C.G.) 8 - The Collector Bilaspur, District Bilaspur, (C.G.) 9 - The Commissioner Municipal Corporation, Bilaspur (C.G.) 2 10 - Chief Municipal OfÏcer Municipal Corporation, Bilaspur (C.G.) 11 - General Manager Ramky Grandiose, Ramky Tower Complex, Gachibowli, Hyderabad-500032 ... Respondent(s) For Petitioner(s) For State/respondents
Legal Reasoning
: None. : Mr. Shashank Thakur, Deputy Advocate No. 1 to 5 and 8 For Respondents No. 6 and 7 For Respondents No. 9 and 10 General. : Mr. Trivikram Nayak, Advocate. : Mr. Ashish Tiwari, Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Per Ramesh Sinha, Chief Justice Judgment on Board 30/01/2025 1. This suo moto public interest litigation petition was registered on the basis of a news item published in in Hindi Daily Newspaper, namely, Haribhoomi on 25.12.2024 with a heading “300 m|ksxksa dk dpjk fljfxÍh esa Mai] vkcksgok gks jgh tgjhyh”. Looking to the seriousness of the matter and further since the issue involved concerned the health of public at large and protection of environment, the matter was taken up for hearing during winter holidays. 2. The said news item stated that in the industrial area of Tifra and Sirgitti of the Bilaspur District, the Chhattisgarh State Industrial Development Corporation Ltd. (for short, the CSIDC) and the Municipal Corporation, Bilaspur, who were responsible for disposal of the industrial waste/garbage, had failed in performing their duties and the waste which was being dumped was lying indisposed which was causing grave environmental pollution. As per the news item, the waste dumped in the industrial area was being eaten by the cattle. These wastes were 3 generated from the 300 industrial units of Tifra and Sirgitti. A year ago, there was an agreement between the Municipal Corporation and a private contractor but the said contractor, on personal grounds had refused to lift those wastes and garbage. 3. When the matter was taken up by this Court on 26.12.2024, Mr. Rajkumar Gupta, learned Additional Advocate General appearing for the State/respondents No. 1 to 5 and 8 had submitted that as soon as the aforesaid fact has come to the knowledge of the authorities concerned, prompt action was taken and as Kesda Waste Management Plant had already been installed and an application has been moved by the authorities before the Chhattisgarh Environment Conservation Board (for short, the CECB), on 19.12.2024 for making the plant operational and the authorities are hopeful of getting the permission very soon. It was further submitted that that the huge dump of garbage and industrial wastes have been removed and for the time being, alternative arrangements have been made. 4. A query was also made as to why the CECB had not taken any action on its own till date and action is being taken by the CECB only after the intervention of the Court, learned counsel appearing for the CECB assured that necessary action would be taken by the CECB at the earliest so that the menace of dumping of industrial wastes and its disposal could be tackled effectively. 5.
Decision
In view of the above facts situation of the case, the respondent No. 2- Secretary Urban Administration & Development, Government of Chhattisgarh was directed to file his personal afÏdavit explaining as to why action has been taken by the authorities concerned only after publication of the news item as aforesaid and registration of the present PIL. He was further directed to explain as to why despite installation of 4 the Waste Management Plant, no consent was taken from the competent authorities to make it functional and why prompt steps were not taken when the agreement for disposal of industrial wastes had expired three months ago and further to explain as to what alternate arrangements were made for disposal of the industrial wastes/garbage till the Kesda Waste Management Plant was made operational. 6. On 08.01.2025, learned Advocate General appeared and submitted that certain developments had taken place which were required to be brought on record, further, learned counsel appearing for the respondents No. 6 and 7 also intended to file certain documents, the matter was directed to be listed today. 7. In compliance of the orders of this Court, afÏdavits have been filed the Secretary, Department of Urban Administration & Development, Government of Chhattisgarh, as well as the Managing Director, CSIDC as well as the Chairman, CECB. 8. The afÏdavit filed by the Secretary, Department of Urban Administration & Development, states that an agreement had been executed between Municipal Corporation, Bilaspur and Chhattisgarh State Industrial Development Corporation [CSIDC], Bilaspur on 29.01.2024, which was for three months. As per the agreement, the Municipal Corporation, Bilaspur had made arrangements for lifting the industrial wastes / garbage which were being dumped in the Sirgitti Industrial Area, Bilaspur and after lifting the industrial wastes / garbage, the same were duly processed in Waste Management Plant. The agreement executed on 29.01.2024 came to an end on 28.04.2024, therefore, CSIDC further executed an agreement on 24.05.2024 with Municipal Corporation, Bilaspur for lifting and disposal of industrial wastes. The said agreement lasted upto 23.08.2024. The entire work of lifting of industrial 5 wastes/garbage and its disposal were being properly processed in Waste Management Plant. It has been further submitted that no further agreement was executed between the Municipal Corporation, Bilaspur and the CSIDC but the industrial wastes/garbage were being lifted by the Municipal Corporation, Bilaspur and the same were being sent to Waste Management Plant for proper processing. The report (Annexure A/1) shows that though there was no agreement after 23.08.2024 but inspite of that, the industrial wastes / garbage were being duly managed by the Municipal Corporation, Bilaspur. Again, an agreement has been executed on 24.12.2024 between the Municipal Corporation, Bilaspur and CSIDC for further three months for lifting the industrial wastes and its processing in Waste Management Plant in order to avoid any hazard to its citizens and to provide clean environment. The entire industrial wastes / garbage has been lifted from the Sirgitti Industrial Area regarding which photographs have also been annexed as Annexure A/2. As regards the operation of Waste Management Plant, the same was to be done by CSIDC and the State was in touch with the authorities of CSIDC for early operation of Waste Management Plant. 9. A perusal of the afÏdavit filed by the Chairman, CECB, would go to show that vide order dated 02.01.2025, Regional OfÏcer, Bilaspur, CECB issued directions to 152 industries situated in the Industrial Area-Sirgitti at Bilaspur, mandating storage, transport, disposal of industrial waste/ hazardous waste/ e-waste/ battery waste/construction and demolition waste as per the applicable rules and intimating them that CSIDC has designated a dump-yard for dumping of solid waste generated in the area which shall be transported and treated by Municipal Corporation at a user charge. The CECB ofÏcials conducted inspection of the industries in the Sirgitti Industrial Area, Bilaspur, C.G. wherein 04 industries were 6 found to be in violation of various consent conditions including those of waste disposal. CECB, therefore, levied the following environment compensation on the violator industries: Sl.No Industry Environment Compensation 1. M/s. Jai Durga Oil Extraction Pvt. 18,750 per day Ltd. 2. M/s. C.G. Power and Coal 18,750 per day Benefication Ltd. 3. M/s. Satya Trucking Pvt. Ltd. 4. M/s. Shivam Motors Ltd. 6,250 per day 6,250 per day 10.The Regional OfÏcer, Bilaspur CECB has inspected the aforementioned industries again. Based on the inspection findings, environment compensation of Rs.75,000 was imposed on M/s Jai Durga Oil Extraction, environment compensation of Rs. 1,87,500 was imposed on M/S C.G. Power and Coal Beneficiation and closure directions were issued to Shivam Motors Pvt. Ltd. With regard to the Consent to Operate (CTO) to Kesda Waste Management Plant has been granted on 23.01.2025. 11.Further, the afÏdavit filed by the Managing Director, CSIDC, states that CSIDC is the nodal agency to facilitate and promote industrial development in the State and is also primarily involved in establishment, maintenance and upgradation of industrial areas and projects, land allotment and acquisition, financial aid assistance, infrastructure development for conducive growth of businesses etc. In a joint meeting held by the district administration vis-à-vis Collector, Bilaspur on 17.01.2024 it was decided that in order to ensure proper disposal of waste from the Industrial Area at Sirgitti Bilaspur, the CSIDC would allot a parcel of land wherein the waste from concerned industries at Sirgitti 7 would be initially placed from which the Municipal Corporation of Bilaspur would ensure that the waste is duly collected from the specifically allotted area for its proper disposal through its requisite agencies, and the CSIDC would pay a premium to the Municipal Corporation and/or its agencies for collection of waste for its disposal from the requisite area In pursuance of the same an agreement had been entered between CSIDC and Municipal Corporation. As per the understanding between CSIDC and the Municipal Corporation, the solid waste was initially collected at the requisite site at Sirgitti from where the Municipal Corporation, through its designated agencies collected the waste (secondary collection) for its disposal. Notwithstanding the fact that the period of MoU was not been extended, however, the waste was being collected and disposed from time to time as per the agreed mechanism. Recently vide MoU agreement dated 24.12.2024, the CSIDC and Municipal Corporation have renewed their pact for collection, transportation and disposal of waste from Sirgitti industrial area. In furtherance of the same cheque dated 02.01.2025 has also been issued in favour of the Municipal Corporation to the tune of Rs 4.90 Lakhs (approx) which is the payment towards secondary collection, transportation and disposal of waste by the Municipal Corporation through its agencies and it submitted that regular payments are being made by CSIDC to Municipal Corporation from time to time. The waste in question is the solid waste being generated from the industries/industrial area at Sirgitti Bilaspur and it shall be disposed off accordingly as per the agreed mechanism. As far as the issue of industrial/hazardous waste is concerned it is submitted that it has never been dumped-off or disposed in a casual manner, as such kind of waste can be only disposed-off through proper mechanism and till now the industrial/hazardous waste is being transported and disposed-off as per 8 norms through established agencies in the State as well as with the help of facilities at neighboring states. 12.The afÏdavit of the CSIDC further states that the industrial waste/hazardous waste disposal is a vital aspect in the industrial area, the Kesda Waste Management Pvt. Ltd. has been set up at Village Kesda. Tehsil Simga, Block- Bhatapara, District Baloda Bazar- Bhatapara, as a Joint Venture Project of Re-Sustainability Ltd. and CSIDC. As per the information received from the Re Sustainability Ltd and Kesda plant, the construction and other material aspects of the plant have been completed which is evident from the recent photographs of the plant dated 19.12.2024 and as on 19.12.2024 the Kesda Plant had submitted its application for Consent To Operate (CTO) on 19.12.2024 before the Regulatory Authority-CECB. CSIDC had further inquired from Re Sustainability Ltd to provide a progress report and brief timeline plus regulatory formalities which are required to be fulfilled before the Kesda plant can become fully operational. Accordingly, vide letter dated 07/01/2025 it was informed that at present the CTO of Kesda Plant is being processed and certain clarifications have been sought by CECB before grant of CTO and the firm ie. Re Sustainiability Ltd. had provided the clarifications and after due verification from CECB, the CTO would be granted. Thereafter, the company will also submit application for authorisation from CECB for collection of industrial waste and disposal and lastly after completion of all necessary regulatory obligations, the Kesda Plant would enter into individual agreements with all the concerned Waste Generators i.e. industries at the concerned location and once agreement is entered and requisite fees is paid, then the collection of waste and its disposal would be done in accordance with the Standard Operating Procedure and the process has been described in 9 detail in the letter dated 07.01.2025. The CECB after due verification has granted and approved the CTO to Kesda plant vide order dated 23.01.2025. The CSIDC is providing its assistance in setting up of the Kesda Plant and also for disposal of waste at Sirgitti and after Kesda Plant becomes functional the industrial waste/hazardous waste would be disposed off at the said site as per procedure. For the solid waste being generated from Sirgitti area, it would continue to be collected, transported and disposed-off by the Municipal Corporation as per the agreed mechanism and both the parties shall strive to take care of the issue at hand with utmost sincerity in an expedited, proper and judicious manner. 13.In view of the submissions made in the afÏdavits as aforesaid and the submissions made by learned counsel for the respective parties, this Court is of the view that sufÏcient and concrete measures have been taken by the authorities for collection, dumping and disposal of the industrial wastes and we hope and trust that the authorities shall be careful and vigilant and in a routine manner, shall remove and dispose the sold wastes in the most scientific manner so that it does not cause any damage to the environment and the people living in and around the area in question. For the present, it appears that the purpose of registration of this PIL has been served and no further directions/adjudication is required in this case and as such, this petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.01.31 11:33:28 +0530