Order of the National Green Tribunal regarding dumping of garbage by the roadside in Udyog Vihar, Gurugram, Haryana, 23/01/2024

Order of the National Green Tribunal  in the matter of Lalit Gulati Vs Union of India dated 23/01/2024.

The matter related to dumping of garbage by the roadside in Udyog Vihar, Gurugram, Haryana which was leading to multiple problems, including the health hazard and was causing damage to the environment. The joint committee report, August 28, 2023 stated that during the site inspection heaps of solid waste and other waste were found dumped along the road in the open area.

Reply by the Municipal Corporation of Gurugram said that Eco Green Energy Pvt Ltd was supposed to lift the waste regularly and the waste has not been lifted on account of the lapse on the part of it. The reply revealed that within a short period of June - August 2023, Eco Green Energy had committed as many as 20 lapses/defaults and accordingly a penalty of Rs 1,75,000 has been imposed.

The affidavit of the Additional District Commissioner, Gurugram filed in compliance of the NGT order, November 8, 2023 mentioned that as per the photographs dated January 5, 2024 the site was found to be cleaned and fencing was done at the site to avoid unauthorized dumping of waste at site.

A fresh action taken report filed by the Municipal Corporation of Gurugram, January 20, 2024 informed the Tribunal that the "secondary collection point" has been discontinued and the site has been cleaned. Regular monitoring of entire Udyog Vihar is also being done to ensure collection and transportation of waste to designated site at village Bandhwari. That a recovery notice amounting to Rs. 129.20 crore has been issued to M/s Ecogreen Energy Pvt. Ltd. for recovery of dues against expenditure done by MCG at its 'Risk and Cost'.

A sum of Rs 6.50 crore has already been recovered from Ecogreen Energy. Besides this, the Commissioner, MCG granted approval for forfeiture of the bank guarantee amounting to Rs 33 crore and accordingly HDFC Bank has credited the amount of said bank guarantee of Rs. 33 crore in the bank account of MCG on January 3, 2024 as recovery against the works executed at the risk and cost of M/s Ecogreen Energy.

Municipal Corporation of Gurugram assured the court that it is taking all out steps to get the solid waste lifted and disposed of in a scientific manner at the processing site at village Bandhwari.

The NGT noted that the report by the MCG mentioned that the site as on date is cleaned and that the secondary collection point on the spot has been discontinued. The NGT, January 23 disposed of the application with a direction to the MCG to file a fresh report before Registrar General of the NGT indicating the extent of recovery which has been made within a period of three months.