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Synopsis

The Supreme Court on September 12, 2024, set aside a 2020 National Green Tribunal order that had directed the Pune Municipal Corporation to shut down and relocate a garbage processing plant in Baner, run by Noble Exchange Environment Solution Pune LLP, within four months as per Central Pollution Control Board guidelines.

A bench of Justices B R Gavai, Prashant Kumar Mishra and K V Vishwanathan held that the closure of the GPP, rather than subserving the public interest, would be detrimental to the public interest. 

"If the GPP in question 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 of the city. This will undoubtedly lead to foul odour and nuisance to the public," the bench said.

Allowing the petition filed by the Pune Municipal Corporation and others, the bench said the Municipal Solid Waste Management Rules 2016 also give preference to the on-site processing of the waste. It also emphasised that preference is to be given to decentralised processing to minimise transportation costs and environmental impact. 

The court took note of the Corporation's submission that 48 similar garbage processing plants (GPPs) have been set up across Pune, where non-compacted organic waste is separated to remove non-biodegradable materials, and the remaining organic waste is processed into 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 court noted.

Court also observed that the Land Use Map for Balewadi village, Baner, notified on December 31, 2002, showed that the plot in question was designated for a garbage processing plant (GPP) and another plot was reserved for a Biodiversity Park (BDP). However, the commencement certificates for all the surrounding buildings were issued after the plot had already been reserved for the GPP.

Court further noted that the Garbage Processing Plant (GPP) and the Organic Waste Management Plant at Talegaon, Dabhade, were both part of the same Concession Agreement signed between the appellant-Corporation and the respondent Concessionaire on March 30, 2015. It was evident that the application for authorization, the granting of authorization, the environmental clearance by the SEIAA, and the project's commencement all occurred before April 8, 2016, the date when the 2016 Rules came into effect.

"We hold that the Tribunal has grossly erred in observing that the GPP in question was covered by the 2016 Rules," the bench said.

Court also found a contention that under the 2000 Rules, a buffer zone is required to be maintained insofar as the GPP is concerned is without substance.

"The finding of the Tribunal that initially the plot where GPP was constructed was reserved for Bio-diversity Park is also erroneous and factually incorrect. As discussed 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.

While quashing the NGT's order, the bench cautioned the appellant corporation as well as the respondent-Concessionaire that they should take necessary steps so that the residents residing in the nearby buildings do not have to suffer on account of foul odour. 

Among other directions, it told them to strictly follow NEERI's recommendations and install the portable compactors with hook mechanisms so as to ensure that the rejected waste does not touch the ground by December 31, 2024.

Court also directed them to construct a shed, and bitumen road and carry out a plantation with thick density so that there would be a green cover on all the sides of the GPP.

"A perusal of the sanctioned plan would reveal that, on one side, there is a reservation for the Bio-diversity Park. As such, the plantation would be required to be done to cover the three sides. 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 bench directed.

Court also directed the NEERI to conduct an environmental audit of the GPP every six months and in turn, the appellant-Corporation and the respondent Concessionaire have been directed to ensure that the suggestions made in the said audit are strictly complied with.

Case Title: Pune Municipal Corporation Vs Sus Road Baner Vikas Manch And Others