Order of the National Green Tribunal (Eastern Zone Bench, Kolkata) in the matter of Debi Prasad Banerjee Vs Ministry of Environment, Forest & Climate Change & Others dated 22.04/2024.

The application was filed by the applicant alleging that Barasat Government Medical College & Hospital, Barasat has dug an open hole beside the boundary of the Applicant and is dumping human waste therein. The affidavit filed by Barasat Government Medical College & Hospital, November 29, 2023 stated that M/s Simplex Infrastructures Limited is the nodal agency of the medical college construction project.

The inspection report of the committee constituted by the tribunal, said that temporary toilets have been set-up by Simplex Infrastructures at various locations within the premises for labourers working on the project. In the report it was also stated that 7-8 temporary toilets made of brick walls with metal sheet roof are located adjacent to the boundary wall. Further, the temporary toilets are not connected to any septic tank and are connected to temporary storage wells/pits dug in the ground.

The report clearly mentions wells during inspection were found to be with human excreta and were not properly covered; a foul smell was felt around the wall. Therefore, the committee recommended that wells be immediately be cleaned to avoid any overflow of human excreta and to shift the toilets to some other place so as to bring back the area in question to a healthy condition. The report clearly directs that no unscientific method of disposal of human excreta should be adopted.

The NGT said the report clearly mentions wells during inspection were found to be with human excreta and were not properly covered; foul smell was felt around the wall. Therefore, the Committee recommended that wells be immediately be cleaned to avoid any overflow of human excreta and to shift the toilets to some other place so as to bring back the area in question to a healthy condition. The report clearly directs that no unscientific method of disposal of human excreta should be adopted.

The NGT said that Simplex Infrastructures is liable for payment of Environmental Compensation for violation of environmental norms as well as Municipal Solid Waste (Management & Handling) Rules, 2016. NGT directed West Bengal Pollution Control Board, to compute Environmental Compensation against Simplex Infrastructures for violation of environmental norms as well as Municipal Solid Waste Management Rules, 2016, for creating a deplorable and unhygienic condition at the site in question and recover the same after giving Simplex Infrastructures an opportunity of being heard in accordance with law within a period of two months.