SC sets aside NGT order on closure of garbage processing plant in Pune [Read Judgment]

NEW DELHI: The Supreme Court on Thursday set aside the National Green Tribunal's order directing closure and shifting of a garbage processing plant (GPP) from Pune's Baner, observing instead of subserving the public interest, shutting down of the facility would be detrimental to it.

A bench of Justices B R Gavai, Prashant Kumar Mishra and K V Vishwanathan allowed an appeal filed by the Pune Municipal Corporation to close the plant operated by Noble Exchange Environment Solution Pune LLP and to shift it to an alternate location in terms of the guidelines issued by the Central Pollution Control Board.

The court found the entire project as environmentally friendly.

It felt if the plant is closed, the organic waste generated in the western part of Pune city would be required to be taken all the way throughout the city to Hadapsar which is in the eastern part of the city.

"This will undoubtedly lead to foul odour and nuisance to the public," the bench said.

Referring to the Municipal Solid Waste Management Rules 2016, the court said it also gave preference to the on-site processing of the waste and decentralised processing to minimise transportation cost and environmental impact.

The Corporation claimed that 48 such plants have been commissioned throughout the city of Pune wherein the non compacted, organic waste is segregated to remove any non biodegradable materials and the residual organic waste is crushed to make a slurry, which is then transported to a site in Talegaon where raw biogas is generated.

At the Talegaon plant, biogas is produced which is used for providing fuel to the public transport buses.

The court also noted the said plot has been reserved for the plant in 2002 and another plot was reserved for Bio-diversity Park (BDP). However, the commencement certificates in respect of all the buildings around it were issued thereafter.

"The finding of the Tribunal that initially the plot was reserved for Bio-diversity Park is also erroneous and factually incorrect. It is only the adjoining plot which was reserved for the Bio-diversity Park," the bench said.

The court also cautioned the appellant-Corporation as well as the respondent-Concessionaire that they should take necessary steps  so that the residents residing in the nearby buildings do not have to suffer on account of foul odour.

Giving a slew of directions, it told them to strictly follow NEERI's recommendations. The court also ordered NEERI to conduct an environmental audit of the plant every six months.

[Read Judgment]