Order of the National Green Tribunal in the matter of Vivek Kamboj & Others Vs Union of India & Others dated 01/03/2019 regarding damage to the environment and public health in absence of adequate steps for management of solid waste at Gurgaon in Haryana. According to the original application which was filed before this Tribunal on 16.09.2015, solid waste was being dumped in an open site in Aravali forest. Leachate generated was flowing to the seasonal water bodies contaminating the ground water and polluting the surface water. Leachate was flowing and accumulating in the mining pits of the Aravali hills and forests and poisoning the ground water. The landfill is located at Bandhwari in Faridabad.

NGT after going through the report submitted by CPCB finds that there was huge accumulated legacy waste and there was no time targeted plan to take remedial measures. Leachate was being temporarily collected in pipe and partially treated. Ministry of Environment, Forests and Climate Change (MoEF&CC) had not yet granted Environmental Clearance for setting up a waste to energy plant. The waste was not being segregated.

National Green Tribunal directs Commissioner, Gurgaon Municipal Corporation, Joint Secretary, In-charge Environmental Clearance in the MoEF&CC and the CEO of the project proponent i.e. M/s Ecogreen Energy Gurgaon Faridabad Pvt. Ltd. to be present before the Tribunal on the next date of hearing with their respective action plans. Tribunal notes that damage to the environment is taking place by contamination of ground water on account of leachate discharge. The wildlife and inhabitants of the area are affected in terms of health, inter-alia, on account of air pollution by burning of the waste or on account of foul smell or otherwise. For such damage, accountability is required to be fixed as well as penal action, including prosecution and recovery of actual damages is required, apart from immediate remedial measures.