Aman Gupta vs State of West Bengal - Solid Waste Management Violation

## Unlock Advanced Research with PRISM AI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [Cites 0, Cited by 0 ] ### National Green Tribunal

Aman Gupta vs State Of West Bengal on 23 March, 2026

Item No.03 Court No.1

           BEFORE THE NATIONAL GREEN TRIBUNAL
              EASTERN ZONE BENCH, KOLKATA
          (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

                Original Application No.59/2026/EZ
                   (Earlier O.A. No.109/2026/PB)

Aman Gupta Applicant

                                Versus

State of West Bengal & Ors. Respondents

Date of hearing: 23.03.2026
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER

Applicant: None for the applicant in person.

                             ORDER 1.      One Mr. Aman Gupta-complainant has sent us a complaint

through email dated 13.11.2025 alleging illegal open dumping of Solid

Waste, Bio-Medical Waste and other kind of waste abutting Panihati

Playground under the jurisdiction of Panihati Municipality-respondent

no.2 in violation of Solid Waste Management Rules, 2016, Bio-Medical

Waste Rules, 2016 and Air & Water (Prevention and Control of Pollution)

Acts.

1. The violation is occurring on open roadside abutting the historic

Panihati Playground along the main approach road in front of its primary

entrance gate. The site is surrounded by high-rise residential buildings,

bustling streets, shops, commercial establishments and small to medium

factories and lies hardly five meters away from the playground boundary.

1. A massive mound of garbage -approximately 5 - 10 feet high and

40 - 50 feet wide has been allowed to accumulate through unchecked

open dumping which comprises household refuse, market waste, plastic 1 packaging, food scraps, construction debris and discarded items from

nearby shops and establishments, factory etc. Shockingly, the pile is

heavily contaminated with regulated Bio-Medical Waste including soiled

plaster casts, blood-stained cotton swabs and gauze, used diapers and

sanitary napkins, expired medicines in original packaging, soiled linen,

mattresses, bed-sheets and discarded needles, syringes and glass vials.

Besides that, decomposed carcasses of dogs, cats, poultry and rodents

are also openly visible which lead to putrid stench of decomposed organic

matter and carcasses. This has endangered health of local people as it is

exposing them to vector-borne diseases such as malaria, dengue and

chikungunya. The respondent no.2 has abjectly failed to enforce door to

door collection, source segregation, establishment of material recovery

facilities or transportation to a sanitary landfill as mandated under law.

Local clinics, nursing home and pharmacies continue to dispose of Bio-

Medical Waste in violation of Bio-Medical Waste Management Rules,

2016, hence, it is prayed that direction be issued to respondent no.2 to

frame and implement the time bound Solid Waste Management Action

Plan ensuring 100% door to door collection, segregation at source and

establishment of composting/MRF units; a direction be issued to bulk

waste generator (shops, clinics, factories) to register and comply with

Solid Waste Management and Bio-Medical Waste Management Rules;

environmental compensation be directed to be levied from the respondent

no.2; bio-remediation of contaminated soil be ordered and regular

monitoring of the groundwater around the playground be ordered to be

done; monitoring committee be also constituted.

1. The applicant has not appeared despite repeated calls, we find from

the averments made in the application that substantial question relating

to environment is made out. Therefore, we direct the Registry to admit 2 this application and issue notices to the respondent no.1, Principal

Secretary, Department of Urban Development and Municipal Affairs,

Govt. of West Bengal; respondent no.2, the Chairperson, Panihati

Municipality, B.T. Road Panihati, North 24 Parganas; respondent no.3,

District Magistrate, North 24 Parganas; respondent no.4, Member

Secretary, West Bengal Pollution Control Board and respondent no.5,

Chief Medical Officer of Health, North 24 Parganas, returnable within four

weeks.

1. From the side of respondent no.1, Principal Secretary, Department

of Urban Development and Municipal Affairs, Govt. of West Bengal and

respondent no.3, District Magistrate, North 24 Parganas, Mr. Rajib Ray,

learned counsel has put in appearance and said that he is receiving

notice, hence we direct him to file their reply within four weeks.

1. From the side of respondent no.4, West Bengal Pollution Control

Board, Mr. Ghanshyam Pandey, learned counsel has put in appearance

and received notice, hence we direct him to file his reply within four

weeks.

1. Put up this matter for next consideration on 15.05.2026.

.........................................

Dinesh Kumar Singh, JM

                                                         ..............................

Ishwar Singh, EM
March 23rd, 2026
Original Application No.59/2026/EZ
(Earlier O.A. No.109/2026/PB)
MN 3