I Notification . The 30th July, 2008 No. ED/2008/684.’—Whereas draft notification was issued by the Administrator, Union Territory, Chandigarh in exercise of powers conferred on him under Section 5 of Environment .(Protection) Act, 1986 (29 of 1986) read with Government of India-s Notification bearing No. S.O. 667(E)''dated the 10th September,' 1992. which .was published, 'in the Chandigarh Administration's Gazette (Extraordinary),—vide . No . ED/20.08/125, dated nth February, 2008. inviting objections-from persons likely to be affected thereby..within,.60sday^ from.the date of publication.-of- thateaid draft:notification.; iAnd whereas objections and suggestions received within the aforesaid period have been duly considered by; the Ch^fi'digarh1 Administration. Now, therefore,),;the Administrator, jfJnion Territory, Chandigarh- in exercising the delegated powersender Section 5 of the Environmental (Protection) Act, 1986 hereby directs that no person including a shopkeeper, vendor, wholeseller or retailer, trader, hawker or. rehriwala, etc. shall use . polyt.hene/plastic carry (sags for supply of ^oods in po'lythene/plastic carry bags and further directs that'no person shall manufacture, store, import, sell or transport polythene/pla.stic carry bags in Union Territory,. Chandigarh. ■■ The Administrator, Union Territory, Chandigarh hereby further directs that the following Officers shall implement these orders related to use.; storage, import selling, transportation and disposal and authorizes them to file complaints under Section 19 of the Environment (Protection) Act, 1986, namely
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2. Deputy Commissioner, U.T;, Chandigarh. Director, Environment, Cha'n.digarh Administration.
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4. Sub-Divisional Magistrates in their respective jurisdiction.
5. District Fjood & Supply . Officer, Chandigarh. Administration. s • | • • i i ■- . ‘6. Inspectors; Food & Supply Department, U.T., Chandigarh. ' ; ■ [j "7. Medical Officer. Health, Municipal-Corporation, Chandigarh.
8. Sanitary Inspectors, o/o Medipal Officer Health, Mbnieip'al.'Corp'oration, Chandigarh.'-'
9. Food' Inspectors of Health Department, U.T., Chandigarh. ' ■ ' • ‘J Deputy- Commissioner,j U.T., Chandigarh shall act as the eorordinator to implement above orders related to ban on the use, storage,.-.import, selling, transportation and disposal of; polythene/plastic carry bags.. The Administrator, Union Territory, Chandigarh hereby, further directs that the following Officers shall enforce above orders related.to manufacture and also authorizes-them to file complaints under Section .19 of the-Environment (Protection); Act, 1986; namely :— Deputy Commissioner, U.T. Chandigarh. Director,. Environment, C.hat|di‘garh Administration. > . 1 ■ .- . :f. ft . t . ■
2. I ; I > i .1 j y ! t i I'■J I5 fcV 4 i. .• I; i .{K., .'I. If ' ■ If. Memb.er-Secre^ry, Chandigarh Pollution Control Committee. Scientist- ‘B’, Chandigarh Pollution Control Committee. i i 1 ■ \r .. . . . • * I i • 4 ■ ;-i • ■ 5. Assistant Environmental Engineer, Chandigarh .Pollution Control Committee.. I i • . ■ ' ' .• . ' '■ . Member-'$ecretary, Chandigarh Pollution Control Committee shall act as the co-ordi.nator'to implement the ban on manufacture of polythene/plastic carry bags in . y-Zvz-Cha.ndigarl). ...... '^hfs^otifibatioh sh.all. cojpe 'into force with effect from 2nd October,'2008. < Thisj)supersedes the>earlfer notification bearing No. ED/2003Z543, dated 16th September, 2003. t il’/'r ■ I . ■ "■ J _L. 1 MOHANJEET SINGH, I.A.S., ' Secretary (Environment),. Chandigarh Administration. i, 278 BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Original Application No. 442 of 2015 IN THE MATTER OF: R.D. Anand Vs. Chandigarh Union Territory Administration & Anr. CORAM : HON’BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON HON’BLE PROF. A. R. YOUSUF, EXPERT MEMBER Rajpal, Advs. Present: Applicant: Mr. Arun Monga and Mr. Sunjajyoti Singh Paul, Advs. Respondent No.l to 2: Mr. Shubham Bhalla, Adv Respondent No.3 Mr. Attin Shankar Rastogi and Ms. Neha Date and Remarks Orders of the Tribunal Item No. 06 December 04, 2015 A Reply has been filed op behalf of the Administration of Union Territory of Chandigarh. Replies on behalf of the respective respondent have been filed. Copy be provided. Let the rejoinder thereto, if any, be filed within two weeks from today. It is commonly a conceded position before us that the city of Chandigarh, Mohali and Panchkula being excluded, generates 370 metric tons of municipal solid waste. There is a plant of waste to energy at Chandigarh which has a capacity of treating 270 metric tons of waste. According to the learned counsel appearing for the Administration, the waste is segregated at the source and even is used for fuel generation in the waste to energy plant. Even if we take the above as a correct factual ground reality existing in Chandigarh still it would be clear that nearly 100 metric tons of MSW everyday is being dumped. This will require a huge land fill site. The land fill site is to be strictly prepared in accordance with the MSW Rules,
2000. According to the Applicant, there is a serious dispute that the site is prepared as per the MSW Rules, 2000 and ■ also the fact that dumping of 100 metric tons of waste everyday would become absolutely difficult as the site is already reached its saturation point. In the circumstances aforestated, we direct the Advisory to the Administrator to Chair the meeting within one week from today of the committee consisting of Member Secretary of Chandigarh Pollution Committee, Member Secretary of Punjab Pollution Control Board & Haryana Pollution Control Board, head of the Department of Municipal Corporation, Chandigarh, and a representative from MoEF. We grant liberty to the applicant to attend the said meeting. It shall be duty of the administration to inform the date and time of the meeting to the applicant. This committee shall inter-alia but primarily report on the following:
1. What is the exact quantum of MSW that is being generated in the city of Chandigarh.
2. Whether there is an appropriate mechanism in place for collection and segregation of MSW at the collection point.
3. Whether the dumping site has been prepared strictly in accordance with the MSW Rules, 2000 and what is its capacity.
4. Whether this site is closer to any water body and if there is any possibility of leaching and/or polluting of the ground water.
5. Steps that the Chandigarh Administration proposes to take for ensuring that no MSW waste is spread and dumped in any part of any sector except the dumping site and also as to why the banning of plastic use in Panchkula and Mohali be not directed, as there is already a ban of use plastic in the city of Chandigarh.
6. The possible availability of another dumping site and of constructing and establishing of any. MSW plant or bio-methanation plant in Chandigarh or surrounding areas and progress thereof. This report will be submitted to the Tribunal within one month from today. In the meanwhile, we direct that the Administration shall ensure that there is no use of plastic bags, plastic plates or plastic glasses and such allied items in the entire city of Chandigarh. Any person who is found to be storing, purchasing, dealing with or distributing such plastic items shall be liable to pay environmental compensation at the rate of Rs. 5000/- per event. The authority concerned that is the local authority, Pollution Control Committee shall be responsible for implementation of these directions. The above authorities shall be deemed to be parties in the application. The Sukhna Choe drain is stated to be in a bad condition in terms of environment and bio-diversity. The Committee shall direct the appropriate agency to dredge the said drain and clean it within four weeks from today. The report shall specifically mention in that behalf. We make it clear that we will not grant any adjournment to any of the parties. List the matter for hearing on 7th January, 2016. ............................................CP (Swatanter Kumar) DEPARTMENT OF ENVIRONMENT CHANDIGARH ADMINISTRATION 3'd Floor Paryavaran Bhawan, Sector 19-B, Madhya. Marg, Chandigarh. ORDER Dated:-No.SA-ED-2015/ \ • In compliance to the orders dated 04.12.2Q15 passed by the . Hon'blb^ National Green Tribunal, New Delhi in OA No. 442 of 2015 titled as R.D.AnanX( Vs. Chandigarh Union Territory Administration & Anr. It has beens decided that.the officers appointed for the implementation of ban on plastic / polythene carry bags by the Chandigarh Administration vide its notification dated
30.07.2008 are hereby designated to implement the orders dated 04.12.2015 passed by the Hon'ble National Green Tribunal, New Delhi. There officers are also authorized to impose Environmental Compensation @ Rs.500'0/- per event whosoever violate the above orders of the Tribunal. The Environmental! compensation so collected shall be deposited in the separate account which shall i be maintained by the Chandigarh Pollution Control Committee, Chandigarh. This I i fund shall be used for spreading awa’reness on environmental awareness in UT, Chandigarh. / Chandigarh, dated the December 21st 2015 VIKRAM DEV DUTT, IAS Secretary Environment, Chandigarh Administration. Endst.No. SA-ED-2015/2-1 Dated:-|i-| A copy is forwarded to the following for information and necessary action:-
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13. Secretary Environment, Chandigarh Administration; Deputy commissioner, U.T., Chandigarh Sub Divisional Magistrate (E), U.T., Chandigarh; Sub Divisional Magistrate (C), U.T., Chandigarh; Sub Divisional Magistrate (S), U.T., Chandigarh; Joint Commissioner,; Municipal Corporation Member Secretary, Chandigarh Pollution Control Committee, Chandigarh w.r.t. Letter No. CPOC/2015/6195 dated ,18.12.2015 District Food & Supply Officer, Chandigarh Administration Medical Officer of Health, Municipal Corporation, Chandigarh; Sanitary Inspector O/o Medical Office of Health, Municipal Corporation, Chandigarh Food Inspectors of Health Department, Chandigarh; Scientist 'B'„ Chandigarh Pollution Control Committee, Chandigarh AQQlQtant Pn\/irnnmain+ol CnninQQr PhonHiHorh Dr^lli ifinn Pnnlrnl ’Assistant Environmental Engineer, Chandigarh Pollution Control Committee, Chandigarh. I Director, ^nvironment Endst.No