Order of the National Green Tribunal regarding the presence of a garbage receptacle point/dhalao near a blind school, Delhi, 29/11/2024

The National Green Tribunal (NGT) directed the Municipal Corporation of Delhi (MCD) to pay Rs 20 lakhs to the Akhil Bhartiya Netrahin Sangh School within one month. The school management would utilize the compensation amount in creating better environmental atmosphere in the school and in extending the proper health and other facilities to the students who are the victims of the pollution and environmental hazards.

The court said visually impaired students residing and studying in Akhil Bhartiya Netrahin Sangh School have suffered for several years on account of illegal dumping of solid waste in the dhalao D-5 and they have also suffered on account of several open sewage holes and potholes near the dhalao D-5 in the close vicinity of the blind school.

The court was of the view that invoking the "polluter pays" principle and also exercising the power under Section 15 of the NGT Act, 2010, it would be proper to award compensation to the Akhil Bhartiya Netrahin Sangh School and their students.

The MCD has been directed to take immediate action for closure of dhalao D-5 and to ensure that no sewage drain holes or potholes are kept open near the vicinity of Akhil Bhartiya Netrahin Sangh School. If the violation continues to exist in respect of management of solid waste and sewage by the MCD in respect of dhalao in question, the DPCC should initiate action for imposition of environmental compensation promptly. The MCD and the DPCC have been directed to submit an action taken report within three months.

The original application was registered suo motu on the basis of the news item titled "Garbage overflow poses health risks to visually impaired students in West Delhi" appearing in the ‘Millenium Post’ dated April 30, 2024. The news item disclosed that since 1971 Akhil Bhartiya Netrahin Sangh in Raghubir Nagar in West Delhi is offering free education and accommodation to a batch of over a hundred visually impaired children every year. It mentioned that the school faces a significant challenge due to presence of a huge overflowing MCD garbage receptacle point/dhalao and multi open sewage holes adjacent to it. It also mentioned that the overflow of waste onto the road poses a direct problem to the school's dining hall where students eat, creating a serious environmental threat. It also poses a health hazard to the students of the school.

The news item mentioned that these visually impaired children are already struggling with sight issues and are now required to deal with swarms of bugs and mosquitoes and their residential area and the dining area where they share their meals have turned into a nightmare. It also mentions that the roadside garbage prevents them from going out for walks safely or leaving the school campus altogether. It records the concern shown by one of the parents that several young children have fallen into the nearby hazardous open sewage holes resulting in serious injuries.