BEFORE THE NATIONAL GREEN TRIBUNAL,

PRINCIPAL BENCH, NEW DELHI

M.A. No. 562 of 2013
In
Original Application No. 22(THC) of 2013

Sukhdev Vihar Residents Welfare Association & Ors.
Vs.
State of NCT of Delhi & Ors.

CORAM : HONBLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
HONBLE DR. D.K. AGRAWAL, EXPERT MEMBER
HONBLE PROF. (DR.) P.C. MISHRA, EXPERT MEMBER
HONBLE DR. R.C. TRIVEDI, EXPERT MEMBER

Present: Applicant: Appearance not given
Respondent No.2: Mr. Sumeet, Mr. Pushkerna, Advocate, Mr.
Balendu Shekhar, Advocate and Ms. Meenakshi
Midha, Advocate
Respondent No.3: Mr. P. L. Gautam , Advocate
Respondent No.5: Mr. B. Mahapata Advocate, with D. Jindal, Law
Officer
Respondent No.6: Ms. Alpana Poddar, Advocate
Respondent No.7: Mr. Sangram Patnaik, Advocate along with Mr.
Swam Sidha and Mr. Deepak, Advocate
Respondent No. 8: Ms. Neelam Rathore, Advocate along with Mr.
Vikramjeet, Advocate
Ms. Savitir Pandey, Advocate State of UP


Date and
Remarks
Orders of the Tribunal

Item No. 13
September
10, 2013




































M.A. No. 562 of 2013 in Original Application No. 22(THC) of
2013

This interim Application has been filed in the main
Application where prayer had been made that the waste to
energy plant at Okhla should be closed, construction thereof
should be stopped and removal of the existing plant.
The averments in this Application are that the plant in
question is causing serious environmental pollution and is
resulting in health hazards to the residents living around the
area of this Plant.
Closure of the plant is prayed by the interim
application on the premises that it is causing pollution,
health hazards and there is no proper segregation of the
municipal waste collected prior to it being put into the plant
for its disposal.
It is contended that the parameters as indicated in a
Report dated 04
th
April, 2013, are violative of the prescribed
parameters and they read as follows:




Parameter Date of
sampling
Permissible
limits
Measured
emission








































































value
Particulate
Matter Stack
2(mg/Nm3)
28-3-2012 150 1414.86
1721.51
Dioxins &
Furans
Stack 1 (ng
TEQ/Nm3)
31-3-2013 0.1 12.413
Dioxins &
Furans
Stack -2(in ng
EQ/Nm3)
31-3-2013 0.1 2.758
Oxides of
Nitrogen as
No2 Stack 2
(mg/Nm3)
28-3-2012 450 896.11


It may be noticed at the very outset that this plant
came into existence as a result of a decision being taken by
the Ministry of Non-conventional Energy Resources to
establish pilot projects dealing with the municipal waste.
The Honble Supreme Court of India vide its Order dated 16
th

May, 2007 had directed as under:-

In view of the report of the Committee and
having regard to the relevant facts, we modify the order
passed by this Court earlier and permit Ministry of Non-
conventional Energy Sources (MNES) to go ahead for the
time being with 5 pilot projects chosen by them, keeping
in view the recommendations made by the Expert
Committee and then take appropriate decision in the
matter.
List the application for further orders after six
months.


Thereafter, a Writ Petition was filed by the Applicants
before the High Court on 12
th
August, 2009. The learned
Addl. Solicitor General informed the High Court that the
Project in question was one of the pilot projects
recommended by the Expert Committee appointed by the
Honble Supreme Court of India and two similar pilot
projects at Vijaywada and Hyderabad, as recommended,
have started functioning. Further, in the Order dated 15
th

January, 2012, the High Court noticed that it was apparent
that though technology for the project was approved by the
Honble Supreme Court of India, the site of the MSW was
neither approved by the Honble Supreme Court of India and








































































to that extent the Order of 12
th
August, 2009 passed by the
High Court was given.
As is evident that the project technology was approved
by the Honble Supreme Court of India but not the site, this
plant has already been commissioned and is under operation
undisputedly from the 2012, and it deals with the entire
municipal waste collected from the city of Delhi.
We must notice that this plant admittedly has been
granted environmental clearance by the Ministry of
Environment and Forests (MoEF). There is no challenge in
the Writ Petition to the grant of environmental clearance and
other incidental steps taken in finalization of the same in
terms of the EIA Notification 2006.
Learned counsel appearing for Central Pollution
Control Board (CPCB) submits that the inspection was
conducted on 09th July, 2013 by the joint Team of Experts
of CPCB and Delhi Pollution Control Committee.
Upon that Inspection Report, it has been found that
Stack 1 particulate matter emission is 171 mg/Nm3 against
prescribed limit of 150 mg/Nm3 while for stack 2, it is 75
mg/Nm3 against prescribed unit of 150 mg/Nm3. As far as
Dioxins and Furans, in Stack 1, it is 1.43 mg/Nm3 against
prescribed limit 0.1 mg/Nm3 while stack 2 it is 1.22
mg/Nm3 against prescribed limit of 0.1 mg/Nm3. In the
inspection so conducted, the inspecting team has not made
any adverse comments in regard to emissions but in regard
to segregation, it was noticed that the industry is required to
meet its function.
We may notice that vide the Order of the Tribunal
dated 28
th
May, 2013 under directions C, it was specifically
directed that project can install Municipal Solid Waste (MSW)
segregation plant in accordance with Municipal Solid Waste
(Management and Handling) Rules, 2000.
Apparently, it has not been done as yet. In view of the
circumstances aforeindicated, in the interest of justice and
taking note of precautionary principle, we pass the following
Order on this Application :-
a) As an interim measure, we decline the request of the
Applicant for closure of the Plant.
b) The Project Proponent shall, within a period of three
weeks from today, ensure that all the above said
parameters are brought within the prescribed limits
c) Complete steps should be taken to ensure automatic



























































and proper segregation of MSW before it is put to the
plant for its disposal in accordance with Municipal
Solid Waste (Management and Handling) Rules, 2000.

We make it clear that in the event of Project Proponent
now defaulting in compliance of the directions of the
Tribunal, the Tribunal would be compelled to direct the
closure of this industry on an appropriate Application, now
moved by the Applicant.
The Inspection Team shall inspect this Unit after the
expiry of three weeks and put a Report to the Tribunal before
the next date of hearing.
The Executive Director, Mr. Rakesh Kr. Agarwal shall
be personally responsible for executing the directions
contained in this Order. In the event of default, he shall be
liable to be proceeded against under the provisions of the
National Green Tribunal Act.
With the above directions, M.A. No. 562 of 2013 is
disposed of without any order as costs.
List the main matter for arguments on 10
th
October,
2013.


.,CP
(Swatanter Kumar)


..,EM
(Dr. D.K. Agrawal)


..,EM
(Prof. (Dr.) P.C. Mishra)


..,EM
(Dr. R.C. Trivedi)