SUPREME COURT RAPS BHOPAL CIVIC BODY OVER ADAMPUR FIRE, SEEKS CPCB REPORT:

A bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan was hearing an application by environmental activist Dr. Subhash Pandey, filed in response to an appeal by the Bhopal Municipal Corporation (BMC) challenging a National Green Tribunal (NGT) order. The NGT had imposed an environmental compensation of Rs.1.80 crore on the BMC for a fire at the Adampur dumping site in 2023, along with other violations that occurred between December 2021 and July 2023.

The Court observed that untreated solid waste was being dumped at the site, and photographs submitted as evidence showed the severity of the fire.

“It appears that for 4 to 5 days the fire continued. It is pointed out that this is the 9th incident of fire at the same place. All this is due to failure of the appellant to follow and implement Solid Waste Management Rules of 2016,” the Court said in its order.

During the hearing, Justice Abhay S. Oka remarked, “Who is appearing for the petitioner? What are you doing? There is a huge fire. You don't comply with 2016 Rules and this huge waste is generated.” In response, the counsel representing the Bhopal Municipal Corporation (BMC) stated that the fire had been triggered by the summer heat and had since been brought under control by the municipal fire department. She further assured the Court that all necessary actions were being undertaken, including depositing the waste in smaller heaps to mitigate future risks.

The Court granted the BMC the liberty to implead the Central Pollution Control Board (CPCB) as a respondent in the case. It directed the CPCB to depute senior officers to inspect the dumping site and determine the causes of the fire. The Court further instructed that the CPCB officers submit a report within six weeks, outlining immediate and effective measures to prevent such incidents from recurring.

In the meantime, the Court ordered the BMC to take all necessary steps to fully extinguish the fire, if it had not already been put out, and to implement measures to ensure that no such incident occurs again. The matter was scheduled for further consideration on July 25, 2024.

Additionally, the Court directed the Secretary of the District Legal Services Authority (DLSA) to seek assistance from para-legal volunteers to assess whether the fire had adversely affected the health of residents living near the dumping site. If any negative health impacts are identified, the DLSA has been tasked with coordinating with government hospitals in the city to ensure that appropriate medical treatment is provided to the affected individuals.

The National Green Tribunal's (NGT) order dated July 31, 2023, which is currently under challenge, had concluded that the Bhopal Municipal Corporation (BMC) was managing the Adampur dump site without obtaining the necessary environmental clearances or implementing adequate fire-safety measures. A joint committee constituted by the Tribunal had inspected the site during the fire in April 2023 and reported several serious lapses. These included elevated levels of particulate matter in the air, damaged leachate drainage systems, large amounts of unprocessed legacy waste, and contamination of groundwater in nearby villages.

The Tribunal observed repeated violations of the Solid Waste Management Rules, 2016, as well as non-compliance with the Central Pollution Control Board’s (CPCB) 2022 fire-safety guidelines. It held that BMC's handling of the dump site was in violation of environmental norms and regulations. As a result, the NGT imposed an environmental compensation of Rs.1.80 crore for infractions occurring between December 2021 and July 2023.

In addition to the penalty, the Tribunal directed the preparation of a comprehensive remediation plan aimed at restoring the environment. It also ordered that one-third of the reclaimed land be designated for forest development, another one-third be allocated for waste processing facilities, and the remaining portion be reserved for other public purposes.