Institute of Legal and Management Studies

A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan was hearing an application filed by environmental activist Dr. Subhash Pandey, in an appeal filed by the BMC against a National Green Tribunal (NGT) order imposing environmental compensation of Rs. 1.80 crores on the corporation over a fire on the dumping site in 2023 and other violations from December 2021 to July 2023.

The Court noted that untreated solid waste was being dumped at the site and that photographs showing the extent of the fire had been placed on record.

“It appears that for 4 to 5 days the fire continued. It is pointed out that this is the 9th incident of fire at the same place. All this is due to failure of the appellant to follow and implement Solid Waste Management Rules of 2016,” the Court said in its order.

During the hearing, Justice Oka remarked, “Who is appearing for the petitioner? What are you doing? There is a huge fire. You don't comply with 2016 Rules and this huge waste is generated.”

In response, the counsel for BMC submitted that the fire was caused due to summer heat and had been contained by the municipal fire department. She further said that all necessary steps were being taken, and that waste was now being deposited in smaller heaps.

The Court granted liberty to the BMC to implead the Central Pollution Control Board (CPCB) as a respondent and directed the CPCB to depute senior officers to visit the site and ascertain the causes of the fire. It ordered the CPCB officers to submit a report outlining immediate measures to avoid repetition of such incidents within a period of six weeks.

Meanwhile, the Court directed the BMC to take all possible steps to extinguish the fire, if it had not already been extinguished, and to ensure that such incidents do not recur. The Court listed the matter for further consideration on July 25, 2024.

The Court also directed the Secretary of the District Legal Services Authority to take assistance from para-legal volunteers to ascertain whether the health of residents living near the dumping site had been affected due to the fire. It ordered that if any adverse health impact is found, the legal services authority must coordinate with government hospitals in the city to ensure that proper treatment is extended to the affected residents.

Background

The NGT's July 31, 2023 order, which is under challenge, had found that BMC was managing the site without necessary environmental clearances or fire-safety measures. A joint committee appointed by the Tribunal had found high levels of particulate matter during the April 2023 fire, damaged leachate drains, unprocessed legacy waste, and groundwater contamination in nearby villages.

The Tribunal noted repeated violations of the Solid Waste Management Rules and CPCB's 2022 fire-safety guidelines and concluded that BMC's handling of the site was in breach of environmental norms.

It imposed compensation of Rs. 1.80 crores for violations between December 2021 and July 2023, and directed preparation of a remediation plan for environmental restoration. The Tribunal also directed that one-third of the reclaimed land must be used for forest development, one-third for waste processing facilities, and the remainder for other public purposes.

Case No. – Bhopal Municipal Corporation v. Dr Subhash C. Pandey

Case Title – C.A. No. 6174/2023 Diary No. 39110 / 2023

Advocate Harshvardhan Pandey along with AoR Raghavendra Pratap Singh represented the applicant.