NGT Issues Show Cause Notice to Haryana Officials Over Faridabad Garbage Mismanagement

The National Green Tribunal has issued show-cause notices to senior Haryana officials over continued non-compliance with its directions regarding garbage mismanagement at Bypass Road, Sector 21A, Faridabad. The Tribunal took serious note of the failure of the authorities to adhere to its previous order dated September 10, 2024 and observed that despite clear instructions, no compliance report had been submitted by any of the concerned departments.

The matter was heard by the Principal Bench, New Delhi, comprising Justice Arun Kumar Tyagi and Dr. Afroz Ahmad. The Bench noted that a video clip submitted by the applicant showed serious violations of the Solid Waste Management Rules, 2016.

The footage revealed indiscriminate dumping of waste, broken boundaries, and overall negligence in maintaining the site. The Tribunal observed that the situation disclosed gross inaction on the part of the authorities and described the visual evidence as showing the “worst state of affairs” in waste management. It remarked that such disregard reflected poorly on the functioning of the departments responsible and questioned the competence and accountability of the officers concerned.

The Tribunal recalled that its earlier order, passed on September 10, 2024, had specifically directed the Municipal Corporation, Faridabad, to complete the construction of a boundary wall around the garbage transfer station by December 31, 2024. The same order had also directed strict adherence to the Solid Waste Management Rules, 2016, and prohibited any dumping of waste outside the designated transfer station.

The order required the Municipal Corporation to file a compliance report by January 15, 2025, which, as the Tribunal noted, was never submitted.

Observing that the failure to comply with the order amounted to defiance of the Tribunal’s directions, the Bench issued show-cause notices to the Chief Secretary, Government of Haryana; the Member Secretary, Haryana State Pollution Control Board; the Commissioner, Municipal Corporation, Faridabad; and the District Magistrate, Faridabad.

The officials have been directed to explain why they should not be proceeded against under Section 26 of the National Green Tribunal Act, 2010, which prescribes penalties including prosecution and civil imprisonment for non-compliance with the Tribunal’s orders.

The Tribunal further observed that, under Section 25 of the NGT Act, 2010, its orders have the same force as decrees of a civil court and can be executed using procedures under Order 21 of the Code of Civil Procedure, 1908.

This includes measures such as attachment of property and arrest or detention in a civil prison in case of continued default. The Bench underscored that the Tribunal’s orders are binding and enforceable, and any failure to comply attracts statutory consequences.

The Bench also emphasized that the right to a clean and healthy environment is an essential component of the right to life guaranteed under Article 21 of the Constitution. It noted that the persistent inaction of the authorities in addressing waste mismanagement directly violates this fundamental right of residents living near the site.

The Tribunal observed that appropriate compensation could be considered under Section 15 of the NGT Act, 2010, to redress the damage suffered by the affected residents. It noted that such compensation may be recoverable not only from the State but also from individual officers whose negligence or failure contributed to the continuing violations.

The Tribunal directed that the District Magistrate, Faridabad, the Commissioner, Municipal Corporation, Faridabad, and the Regional Officer, Haryana State Pollution Control Board, should remain present before the Tribunal in person on October 30, 2025 with all relevant records. Their appearance has been deemed necessary to ensure effective compliance with the earlier directions and to assist the Tribunal in further proceedings.

Copies of the order have been directed to be sent by email to the Chief Secretary, Government of Haryana; Member Secretary, HSPCB; District Magistrate, Faridabad; and Commissioner, Municipal Corporation, Faridabad, for immediate compliance. The matter will be taken up on 30 October 2025 for further consideration of the officials’ responses to the show-cause notices.

Case Title: Ajay Lal Malik v. State of Haryana & Others

Bench: Justice Arun Kumar Tyagi, Dr. Afroz Ahmad

Date of Order: October 8, 2025