Pune Municipal Corporation v. Sus Road Baner Vikas Manch and Ors. (2024)

Introduction 

This landmark judgment addresses the validity of a Garbage Processing Plant established by Pune Municipal Corporation in collaboration with a concessionaire, where allegations of violation of environmental norms were raised before the National Green Tribunal. 

• The Supreme Court pronounced this decision in 2024, emphasizing the importance of balancing environmental concerns with practical public interest considerations in waste management infrastructure. 
• The case clarified the principles governing environmental compliance and the proportionality of remedies when addressing environmental violations in essential public service facilities. 

Facts 

• Upon extension of municipal limits, Pune Municipal Corporation drew up a Development Plan wherein a site was reserved for the purpose of a Garbage Processing Plant (GPP). 
• While the Development Plan was pending approval, permission was sought for constructing a residential building at a site approximately hundred metres away from the earmarked land. 
• Subsequent to the Development Plan being sanctioned, the Appellant-Corporation and Respondent No. 7 (Concessionaire) entered into a Concession Agreement for setting up an Organic Waste Processing Plant at the designated land. 
• The purpose of the Agreement was to establish an operational waste-processing facility where pre-segregated, non-compacted organic waste received from the Corporation would be crushed into a slurry. 
• The Respondent-Concessionaire sought Environment Clearance from the State Level Environment Impact Assessment Authority, which was granted, and subsequently received authorization from Respondent No. 2 to set up and operate a solid waste processing/disposal plant. 
• Respondent No. 1, a registered Trust established to protect citizens' interests, filed an application before the National Green Tribunal seeking to restrain the Respondent-Concessionaire from operating the GPP, alleging it was established without following prescribed legal procedures. 
• The Tribunal held that the GPP violated the right to clean environment of inhabitants and was against statutory norms, directing shutdown of the plant and suggesting the site be used for developing a bio-diversity park. 

Issues Involved 

• Whether the plot where the GPP was constructed was originally reserved for a Bio-diversity Park or for the Garbage Processing Plant? 
• Whether the National Green Tribunal erred in directing closure of the GPP despite it having obtained necessary environmental clearances? 
• Whether closure of the GPP would serve public interest or be detrimental to it, considering the waste management needs of the city? 
• Whether appropriate environmental safeguards could be implemented to address concerns without shutting down essential waste management infrastructure? 

Court's Observations 

• The Court held that the finding of the National Green Tribunal that the plot was initially reserved for Bio-diversity Park was erroneous and factually incorrect, as the plot had been reserved for the GPP since inception. 
• The Court clarified that it was only the adjoining plot which was reserved for the Bio-diversity Park, not the site where the GPP was constructed. 
• The Court found that closure of the GPP would be detrimental rather than beneficial to public interest, as organic waste from the western part of the city would need to be transported across the entire city to the eastern part. 
• The Court emphasized that such transportation of waste would undoubtedly lead to foul odour and nuisance to the public, creating greater environmental hazards than the current arrangement. 
• The Court applied the principle of proportionality, finding that the NGT's directive to close the GPP was disproportionate given that the plant had obtained necessary clearances and served a significant public function. 
• The Court directed implementation of remedial measures including cautioning the Corporation and Concessionaire to take necessary steps to prevent residents in nearby buildings from suffering due to foul odour. 
• The Court ordered plantation with thick density to create green cover on all sides of the GPP to mitigate environmental impact. 
• The Court directed the State Government to consider growing Miyawaki forests for the Bio-diversity Park to provide green lungs to nearby areas. 
• The Court mandated that the National Environmental Engineering Research Institute (NEERI) conduct environmental audits of the GPP every six months, with strict compliance of suggestions made in the audit reports. 

Conclusion 

• This landmark judgment reinforces that environmental concerns must be balanced with practical public interest considerations, particularly for essential infrastructure like waste management facilities. 
• The Supreme Court allowed the appeal and set aside the National Green Tribunal's closure order, permitting continued operation of the Garbage Processing Plant with enhanced environmental safeguards. 
• The judgment mandates ongoing environmental monitoring and implementation of protective measures such as dense plantation, odor control, and development of green spaces to address environmental concerns while maintaining essential public services.