Rammohan Sharma Vs State of Uttar Pradesh & Ors

1. This Original Application under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been registered by exercising suo-moto jurisdiction taking cognizance of letter petition dated 20.07.2023 sent by Sh. Ram Mohan Sharma resident of 20/108, Belanganj, Jamuna Kinara, Agra, complaining that there are several garbage dumping grounds of different places caused by Agra Nagar Nigam at ward/zone Chatta which is Flood Plain Zone of river Yamuna and near religious places at river flood plain at Hathi Ghat, Bulakhi Baba temple. Dumping of garbage causing damage to environment and also hurting religious sentiments of pilgrims. Moreover, big dustbins are also located near Rawat Pada Daresi, Ward/Zone Chatta, Agra and near several religious places of ancient temple Shri Mankameshwar Mahadeo Mandir and near Jama Masjid.

2. The complaint was taken cognizance by this Tribunal on 11.01.2024 and looking at nature of grievance, Tribunal found it appropriate to issue notices to respondents by impleading following as respondents 1 to 4:

(i). State of Uttar Pradesh, through Chief Secretary, Government of Uttar Pradesh

(ii). Commissioner, Municipal Corporation, Agra

(iii). District Magistrate, Agra, and

(iv). UPPCB, through its Member Secretary

3. Pursuant to order dated 11.01.2024, Uttar Pradesh Pollution Control Board (hereinafter referred to as “UPPCB”) filed response dated 28.02.2024 stating that earlier dustbins were kept in market places to collect solid waste generated from shops but the same have now been removed and shopkeepers have been directed to make their own arrangements for keeping solid waste and handover to door to door garbage collection agencies. The relevant extract of reply of UPPCB is reproduced as under:

“1. That, in compliance of Hon'ble NGT order dated 11.01.2024, it is pertinent to mention that earlier the complaint has been received in the Regional Office, UPPCB, Agra through Central Pollution Control Board on dated 13.07.2023 and letter has been send to Municipal Commissioner, Municipal Corporation, Agra for necessary action and disposal of the complaint on dt. 13.07.2023. The copy of the letter dated 13.07.2023 is enclosed as Annexure-I

2. That, Mr. Rajeev Baliyaan, In Charge-Zonal Sanitary Officer (M) was nominated on behalf of Municipal Commissioner, Agra and Joint inspection of the complaint site has been done on dt. 21.02.2024 by Mr. Kshitesh Patel, Assistant Scientific Officer, U.P Pollution Control Board, Agra and Mr. Rajeev Baliyaarn, In-charge Zonal Sanitary Officer (M). At the time of inspection Mr. Rajveer Singh, Chief Sanitary & Food Inspector (CSFI), Municipal Corporation, Agra contacted Mr. Ram Mohan Sharma on his mobile no-9719390193 and requested him to be available during inspection. Mr. Ram Mohan Sharma informed that now he is satisfied that garbage dustbins have been removed.

3. That, the inspection of three sites namely (1) Near Bulaki Baba Mandir, Hathi Ghat (2) Rawat Para, Daresi, Chatta ward, Agra(3) Belan Ganj Tihara, Agra has been done Joint Committee. During inspection Mr. Rajveer Singh(CSFI) informed that earlier dustbins were kept in the market places to collect solid waste generated from the shops which now has been removed and directed the shopkeepers to make their own arrangement for keeping the solid waste and handover to door-to-door garbage collection vehicle. Now all the dustbins have been removed from the market places.

4. That, Shri Rajeev Baliyaan, In-charge Zonal Sanitary Officer (M), Municipal Corporation, Agra further informed that city is divided in 04 Zones &100 wards within municipal limit. For door-to-door collection of the solid waste from 100 wards, Municipal Corporation has deployed 339 vehicles and 1006 Safai Mitras.

For the collection of solid waste Municipal Corporation Agra hired 02 firms namely: -

M/s J.S Enviro Services - 06 wards

M/s Swachhta corporation –94 wards

The collected solid waste is transferred through the different transfer stations located within the municipal limit in Agra. Detail of the transfer stations is given below:

The solid waste is transported through covered loading vehicles from the transfer stations to the processing plants.

The inspection report along with the photographs during the visit is being attached as annexure-II.”

4. On behalf of Municipal Corporation, Agra a separate reply dated 29.04.2024 has been filed, wherein, it is said that two concessionaires namely M/s Swachhtha Corporation Ltd and M/s J S Enviro Pvt Ltd have been engaged to collect waste at door to door level from wards 94 and 06.

5. Nagar Nigam has also installed 827 twin hanging bins in market places near temples, parks, etc to collect waste; underground bins have also been installed at 17 locations and work on three more locations is under process. The reply given by Nagar Nigam is reproduced as under:

6. From the above stand taken by respondents, it is evident that large sized dustbins are no more available in market places and only small dustbins have been placed for collection of solid waste which is ultimately collected by the service providers in accordance with law.

7. On these facts and circumstances, in our view, no further order is required to be passed in this matter.

8. Original Application is accordingly disposed of.