New Delhi

The National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, has directed the West Bengal government, Howrah Municipal Corporation (HMC) and pollution control authorities to take urgent, time-bound measures to clear legacy waste and enforce statutory solid waste management norms at the Belgachia dumping ground in Howrah.

Warning that continued non-compliance would invite penal consequences, the tribunal ordered strict implementation of the Solid Waste Management Rules, 2016, and directed assessment of environmental compensation for violations, noting that the existing condition of the landfill poses serious risks to public health and the environment.

In a detailed order pronounced on January 9, the tribunal, headed by Justice Arun Kumar Tyagi and Expert Member Ishwar Singh, expressed serious concern over the continued violation of the Solid Waste Management Rules, 2016, and observed that the existing condition of the Belgachia trenching ground posed grave risks to public health and the environment.

The tribunal was dealing with a suo motu original application registered on the basis of a newspaper report highlighting the imminent danger from the landfill, including methane accumulation, ground instability, and the risk of collapse.

Directing strict enforcement of the law, the tribunal ordered the West Bengal Pollution Control Board (WBPCB) to initiate action under the Environment (Protection) Act, 1986, including an assessment and the imposition of environmental compensation for ongoing violations by HMC, after granting a due opportunity of hearing.

It further reiterated that a lack of funds cannot be pleaded as a defence to failure to perform statutory duties related to waste management.

The NGT also instructed the District Magistrate, Howrah, HMC, and the Kolkata Metropolitan Development Authority (KMDA) to submit comprehensive action plans with clear timelines to clear legacy waste through biomining, manage daily solid waste, prevent further dumping of mixed waste, and ensure compliance with environmental norms.

The authorities were asked to disclose budget allocations, targets, and execution schedules for each waste management component.

Taking note of earlier affidavits, the tribunal found that responses filed by HMC were vague and failed to explain compliance with Rule 15 of the Solid Waste Management Rules, which lays down mandatory duties of local bodies.

The tribunal reiterated that only inert and non-recyclable waste can be sent to sanitary landfills and emphasised that open dumping or burning of waste is impermissible.

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The tribunal also underscored that the right to a clean and healthy environment is an integral part of the right to life under Article 21 of the Constitution, and held that state authorities are under a constitutional and statutory obligation to prevent environmental degradation. It warned that responsible officers could be personally proceeded against for continued violations.

The matter remains under monitoring, with the tribunal seeking further compliance reports and reserving liberty to take coercive action in case of failure to adhere to its directions.