Order of the National Green Tribunal in the matter of Ram Milan Sahani Vs State of Uttar Pradesh dated 30/01/2024.

The applicant, Ram Milan Sahani complained that on an average 500 tonnes of garbage is being dumped on embankment of river Rapti at "nausad Akla Baudha/Kalani" which is reaching main river flow causing serious pollution to river and also creating health hazards to residents of Gorakhpur.

A combined report filed on behalf of the Municipal Corporation and the District Magistrate, Gorakhpur filed on January 28, 2024 was found to be extremely dissatisfactory.

The court said that the report does not show any effective compliance of Municipal Solid Waste Rules, 2016 and the stand of the Municipal Commissioner, Gorakhpur is only for future steps instead of effective remedial measures in presenti.

It has also been observed that waste generation estimated by Municipal Corporation, Gorakhpur which is 434.6 TPD is not matching with the planned waste processing facilities and their nature. Mix of charcoal based plant, bio-CNG, etc. are proposed without having proper qualitative assessment and its quantification. Further, quantity of legacy waste remediated which is to an extent of 1,20,000 MT has been indicated but how much legacy waste is yet to be remediated is not clarified, the order said.

The court said that a careful review is required of the situation and firm timelines with budget allocation was necessary and directed that all the processing facilities should be duly authorized under MSW Rules, 2016. In these circumstances, the NGT directed the District Magistrate, Gorakhpur and the Municipal Commissioner, Gorakphur as also Additional Chief Secretary/Principal Secretary, Urban Development Department to appear before the court on the next date of hearing, March 14, 2024.