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| IN
THE SUPREME COURT OF INDIA
(Original Civil
Jurisdiction )
WRIT PETITION (CIVIL) NO.888 OF 1996
IN THE MATTER OF
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| ALMITRA H. PATEL AND OTHER |
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PETITIONERS |
| Versus |
| UNION OF INDIA AND
OTHERS. |
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RESPONDENTS |
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| Affidavit
On Behalf Of The Maharashtra Pollution Control Board |
I,
Dilip Bhaskarrao Boralkar, aged 51 Years, working as the Member
Secretary of Maharashtra Pollution Control Board, having my office
at Kalpataru Point, Sion (East ) Mumbai- 400 022, do herby state
on solemn affirmation as under:
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| 1. |
I am filing
the present affidavit in compliance with the orders of this Hon’ble
Court dated 26.07.2004 and submitting the information on the status
of implementation of Municipal Solid Waste (Management & Handling)
Rules, 2000 in the State of Maharashtra and the steps taken by the
Maharashtra Pollution Control Board ( hereinafter referred to as MPCB
for the sake of brevity ) in this regard. |
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| 2. |
Pursuant to
the order passed by this Hon’ble Court, directions were issued
to all the Regional Officers of MPCB to ensure that the orders are
complied in a time bound manner. This was followed by review meetings
convened at the Board’s Head Office in Mumbai on 18.8.2004 and
06.09.2004. Besides, MPCB also held consultations with All India Institute
of Local Self-Government, Mumbai and the Water Supply and sanitation
Department, Government of Maharashtra on 25.08.2004, 01.09.2004 and
04.09.2004 in order to review the compliance of the orders of this
Hon’ble Court. I further submit that the Chief Secretary, Government
of Maharashtra had also convened a meeting of all the concerned departments
to take a comprehensive review and also to initiate further steps
required to be taken for effective implementation of the Municipal
Solid Waste (Management and Handling) Rules, 2000 in the state of
Maharashtra. |
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| 3. |
I say that the
Municipal authorities are required to submit annual report in Form-II
to the Secretary, I/c. of the Urban Development Department of the
State Government in case of Metropolitan cites and to the District
Magistrates in case of all other cities and towns with a copy to the
State Pollution Control Board. I submit that MPCB had received annual
reports from only 6 local authorities in the year 2002-2003 which
were compiled and submitted to the Central Pollution Control Board
along with information pertaining to applications for authorizations
and status of disposal. I submit that the Board had received 129 applications
seeking authorization from Municipal Authorities. Out of this, 74
authorizations were granted with necessary terms and conditions. In
case of 3 applications, since they were not meeting the requisite
criteria, they were refused and remaining 52 applications were returned
to the local authorities, as these applications were not complete
in all respects. I say that for effective implementation of these
Rules, we also requested the Divisional Commissioners to take up the
issue with the Municipal Commissioners and Chief Officers of the Local
Authorities. A sample copy of one such letter is annexed and marked
as Exhibit-I. |
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| 4. |
I further say
that pursuant to the order passed by this Hon’ble Court, the
Regional officers of the Board were directed to obtain the Returns
in Form II duly filled in by the municipal authorities in the State
and then grant authorizations to the applicant municipal authorities.
The Regional and Sub-regional officers of the Board proactively carried
out this work and completed in time as per the direction of this Hon’ble
Court. The status in this regard is annexed and marked as Exhibit-II. |
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| 5. |
As per the directives
of this Hon’ble Court, the Regional Officers were given specific
instructions to proactively sit down with the officials of the local
bodies and ensure that the Annual Reports in Form-II are filled in
and furnished to the Board. I submit that there are 250 local authorities
in the State, which include Municipal Corporations, Municipal Councils,
Nagar Panchayats and Cantonment Boards. All these local authorities
have submitted the Annual Reports in Form-II to the Board. I submit
that immediately after receipt of these annual reports a consolidated
annual report has been prepared and submitted on 15th of September,
2004 to the Central Pollution Control Board. A copy of which is annexed
and marked as Exhibit III. |
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| 6. |
I submit that
the State Government has promulgated a policy for siting of industries
and development activities for protection of river bodies by stipulating
certain restrictions on siting of such activities along the banks
of the river in the State. Depending upon the locations, distances
from the river bank are stipulated for locating industries and other
development projects, which would be affecting the water quality due
to discharge of their effluents. Further the Coastal Regulation Zone
(CRZ) Notification of 1991 also prohibits location of municipal solid
waste disposal facilities for CRZ areas. In some cities, the availability
of land in the areas not covered by CRZ is also a constraint. Because
of the implementation of such policies and regulations, MPCB is finding
it difficult to approve the proposals received from local bodies for
development of landfill sites for disposal of municipal solid wastes. |
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| 7. |
I say that for
effective implementation of the said Rules, the Water Supply and Sanitation
Dept. of Govt. of Maharashtra has issued a Govt. Resolution dated
26.8.2003 wherein a district level committee under the District Magistrate
(Collector) is constituted having representatives from Pollution Control
Board, Forest Department, Ground Water Board, Planning Department
etc. The terms of reference of the committee are as follows:
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To improve existing Municipal Solid
Waste Grounds. |
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To carry out survey to identify new locations
for land fill sites. |
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To provide necessary assistance to the local authorities
after considering the difficulties experienced by them. |
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Other matters relating to effective implementation
of the said rules. |
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The District
Magistrates are authorized to acquire the land identified for landfill
site and handover the same to the concerned local authorities. The
Regional Officers/ Sub- Regional Officers of MPCB are also Members
of these Committees. |
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| 8. |
I say that in
response to the above Government Resolution dated 26.8.2003 such committees
have been constituted in the State. I submit that in order to select
landfill site for disposal of municipal solid wastes based on environmental
consideration, MPCB has prepared a check-list for selection of sites
and the same is forwarded to all local bodies for consideration. A
copy of check-list is annexed and marked as Exhibit-IV. |
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| 9. |
I submit that
the State Government with the support of concerned departments is
following up this matter, the sites are identified and a proper inventory
is being prepared for the entire State. I further submit that a quarterly
progress report in this regard will be submitted to this Hon’ble
Court. |
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| 10. |
That the municipal
solid waste management by the local bodies shall be successful with
the participation of private sector based on options such as ‘Build,
Own and Operate’ (BOO) and ‘Build, Own, Operate and Transfer’
(BOOT) basis depending upon the situation. This is particularly required
for the local bodies, who have financial and technical constraints
in proper management of MSW in compliance with the rules. In order
to assist the local bodies for preparation of agreement for management
of MSW between local bodies and the operator of the facility, MPCB
has engaged the services of M/s. CRISIL to formulate such documents
in consultation with All India Institute of Local Self-Government,
Mumbai and Commissioner and Director, Municipal Administration, Government
of Maharashtra. Terms of references assigned to M/s. CRISIL are placed
at Exhibit-V for information. |
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| 11. |
I submit that
the Maharashtra Pollution Control Board has also taken an initiative
by selecting 5 local authorities where the Board will be providing
financial assistance for establishing MSW processing plants/landfill
sites. MPCB has sanctioned financial assistance to the tune of total
of Rs.3.5 crores, of which, Rs.2.0 crores have been released upto
July 2004. Memoranda of Understandings (MoUs) in this regard have
also been signed. A sample copy of one such MoU is annexed and marked
as Exhibit-VI. Besides, the Board has also selected 4 religious places
where Environmental improvement programme will be undertaken, which
will include scientific disposal of MSW. Preparation of detailed project
report (DPR) for first such project is in progress. The Board had
also jointly organized a seminar with Bombay Chamber of Commerce and
Industries, Mumbai to explore private participation in MSW management.
The MPCB will continue with these efforts for achieving the compliance
of the said Rules. |
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| 12. |
While on the
subject, it is respectfully submitted that, the Board was initially
constituted under the provisions of Water (Prevention and Control
of Pollution) Act, 1974. However, during the last three decades the
functions, duties and responsibilities of the Board have increased
manifold. Board has to implement several environmental legislations
and the rules made thereunder which include rules on Hazardous Waste
Management, Bio-Medical Waste Management, Municipal Solid Waste Management,
Hazardous Chemicals Rules, Battery Rules, Regulation of thin gauge
plastic bags, implementation of CRZ notifications, Environmental Impact
Assessment Notification, besides compliance of various orders of the
Hon’ble High Courts and Supreme Court of India. I submit that,
the man power and infrastructure available with the Board is not commensurate
with the requirements of added responsibilities. As stated above,
which at times results in delay in taking timely actions. |
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| 13. |
In order to
implement these Rules effectively, the Board has also taken legal
action against defaulting local bodies by way of issuing notices and
directions under Section 5 of the Environment (Protection) Act, 1986
read with Municipal Solid Waste (Management & Handling), 2000.
A sample copy of such one directions issued by the MPCB annexed and
marked as Exhibit-VII. |
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| 14. |
It is submitted
that MPCB is taking required actions as directed by this Hon’ble
Court and will not spare its efforts in this regard. |
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Solemnly affirmed
at Mumbai on
this 24th day of September 2004.
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Identified by
me |
Deponent
(Dilip Bhaskarrao Boralkar)
Member Secretary
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(Ashok B.
Jain )
Advocate for Maharashtra Pollution Control Board |
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