National Green Tribunal Order on Environmental Norms Violations

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• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [Cites 1, Cited by 0 ] ### National Green Tribunal

Sudesh Kumar vs State Of Haryana on 24 March, 2026

Item No.1A&1B Court No. 1

           BEFORE THE NATIONAL GREEN TRIBUNAL
               PRINCIPAL BENCH, NEW DELHI

                  Original Application No. 123/2024
                   (I.A. Nos. 96/2025 & 59/2024)

Sudesh Kumar Applicant
Versus

State of Haryana & Ors. Respondent(s)
WITH
Original Application No. 238/2025

Narender Pandey Applicant
Versus

State of Haryana & Ors. Respondent(s)

Date of completion of hearing and reserving of order: 02.02.2026

Date of pronouncement of order: 24.03.2026

CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER

Original Application No. 123/2024
Applicant: Mr. Gaurav Jain, Mr. Sumit Jain & Ms. Shikha Jain, Advocates for
Applicant

Respondents: Mr. Nikunj Gupta & Mr. Lokesh Sinhal, Senior AAG for R - 1 to 6 Mr.
Rahul Khurana & Ms. Bhavya Singla, Advs. with Mr. Satender Singh, AE
- SBM, Mr. Rahul Gill, AE - SBM, Mr. Ankit Goel, JE - SBM & Mr.
Vikramaditya Singh, Consultant Mr. Saurabh Rajpal, Mr. Arpit Bamal &
Mr. Vinay Kumar Singh, Advs. for R-8

Original Application No. 238/2025

Applicant: None Present

Respondents: Rahul Khurana & Ms. Bhavya Singla, Advs. for R-1, 2 & 4
Mr. Sumit Arora, Adv. for R-3(Through VC)

                                 ORDER 1.     This order will govern the disposal of OA No. 123/2024 and OA No.

238/2025 as both these OAs involve the same issue.

1. OA No. 238/2025 was registered on the basis of the letter petition

alleging that the MCF has established a Pratapgarh dumping yard in 1 violation of the environmental norms in Sector-56/56A, Faridabad causing

environmental damage.

1. The Tribunal by the order dated 20.05.2025 had registered the OA

and impleaded the concerned respondents and had issued notices to them.

1. In OA No. 123/2024, the Applicant has alleged that the Respondent

No. 7 - Municipal Corporation, Faridabad and Respondent No. 8 - M/s

Daksha Construction are constructing the landfill site (solid waste

management fresh waste treatment facility) in a haphazard manner

without taking requisite permission from the competent authority. They

have further raised the plea that approximately 500 protected trees from

the land of the Forest Department and Health Department have been cut

without requisite permission and that according to the revenue records,

the land bearing Khewat No. 2214, Khatauni No. 3425 and Khewat No.

2215/1964, Khatoni No. 3425 situated at revenue estate of village

Pratapgarh, Mauja Gaunchii, Faridabad, Haryana belongs to the Forest

and Health Departments and the Respondent No. 7 - Municipal

Corporation, Faridabad (MCF) has no ownership or possession rights on

the land. The Applicant has also alleged violation of the Solid Waste

Management Rules, 2016. It is also alleged that there was no allocation of

suitable land by the Respondent No. 6 - Deputy Commissioner, Faridabad

for setting up of the landfill site and the MCF has not taken any permission

from the Haryana State Pollution Control Board (HSPCB). The Applicant

further alleges that if the proposed dumping yard/landfill site is

established then the leachate will flow in the rainy season contaminating

the groundwater and creating the health hazard.

1. The Tribunal by the order dated 05.02.2024, while issuing notice to

the respondents, had also appointed the Joint Committee by directing as

under:

2

"xxx .......................................xxx.......................................xxx

1. Having regard to the nature of grievance raised in the OA, we
   also deem it proper to form a Joint Committee comprising of
   representative of Member Secretary, Central Pollution Control Board
   (CPC B), Member Secretary, State Pollution Control Board (SPCB),
   Regional Officer, Ministry of Environment, Forests and Climate
   Change (MoEF&CC) and District Magistrate, Faridabad. The District
   Magistrate, Faridabad will act as nodal agency for coordination and
   compliance.

2. The Joint Committee will carry out the site inspection, ascertain
   

   the correct position relating to nature of land from the revenue record
   and also ascertain truthfulness of the allegations made in the OA and
   file factual and action taken report before the Tribunal at least one
   week before the next date of hearing by e-mail at judicial-
   [email protected] preferably in the form of searchable PDF/OCR Support
   PDF and not in the form of Image PDF."

1. The Joint Committee has filed the report and the Applicant has also

filed the objection to the report of the Joint Committee. The concerned

respondents have filed the reply and the rejoinder in the form of response

to the reply have been filed by the Applicant.

1. With consent, we have heard the learned Counsel for the parties

finally.

1. The Joint Committee formed by the Tribunal by the order dated

05.02.2024 had inspected the site on 27.03.2024 and had found as under:

"3. Finding/Observations:-

The site was inspected on 27.03.2024

The observations of the team are given as below:-

1. The site under grievance is the land bearing Khewat No. 2214,
   Khatauni No. 3425 and Khewat No. 2215/1964, Khatauni No.
   34251 situated at Village Pratapgarh is a parcel of land which
   is under possession with Municipal Corporation Faridabad vide
   transfer order no. 972 dated 05.02.2018. The total land area is
   50 acres and had 50 MLD Sewage Treatment Plant at the time
   of transfer. Now Municipal Corporation Faridabad has
   upgraded the STP to 100 MLD and is about to commission the
   same. The transfer document is attached as Annexure-A colly.

2. Municipal Corporation Faridabad has prepared the site for
   decentralized waste processing system for 300 MT/ day
   comprising of Composting and RDF Facility without landfill site,
   in compliance of NGT order dated 30-01-2023 in the matter of
   Poonam Yadav Vs Eco Green Energy Pvt. Ltd. Presently, the site 3 is vacant and only 0.370 acres of land is prepared for keeping
   garbage before it is sent for processing. The land is prepared by
   laying Granular sub-base and HDPE liner as per the provisions
   of solid waste management rules 2016. There are 16 no. of
   compost pits and 1 no. of concrete leachate tanks constructed
   with brick masonry at the site. Trommels are not yet installed at
   site and even electricity connection has not been obtained. The
   site under question is not operational yet. The photographs of
   site inspection are attached as Annexure-B colly.

3. As per the report of Deputy Conservator of Forest, Faridabad the
   

   locations identified as Kila no. 114/14/2, 115//13/2, 18, and
   117/2/3/8 have been identified as Forest Land and cutting of
   180 trees is also confirmed by the same report. Report is
   attached as Annexure-C colly. The forest land is 3.03 acres of
   the total 50 acres of land. No development or construction has
   been done on the forest land but cutting of trees has been
   reported.. A fine of Rs. 46640/- has been imposed on MCF and
   Daksh Constructions for the said violations. The copy of forest
   offence report and range forest office report is attached
   Annexure-D colly. Further, as per the report of range forest office
   no reporting of tree falling has been noted by the range forest
   staff on land of MCF. The copy of range forest office report is
   attached as Annexure- E colly.

4. Further MCF is the owner of the rest 46.97 acres of land, out of
   

   which approximately 4 acre of land is used for the purpose
   sewage treatment and around 04 acre is proposed to be used
   for the said solid waste processing plant. MCF is only complying
   with the rule 15 (h) of the solid waste management rules 2016
   which is reproduced as under:-

setup material recovery facilities or secondary
storage facilities with sufficient space for sorting of
recyclable materials to enable informal or
authorised waste pickers and waste collectors to
separate recyclables from the waste and provide easy
access to waste pickers and recyclers for collection
of segregated recyclable waste such as paper,
plastic, metal, glass, textile from the source of
generation or from material recovery facilities"

1. The Joint Committee has made the following recommendations:

"Recommendations:

(i) MCF may be directed to obtain authorization from HSPCB before
starting any process of establishment or operation on the said
site. They were also directed to setup leachate treatment plant
before starting operation of the said facility.

(ii) MCF may be directed to ensure compliance of buffer zone with
green belt around the treatment facility."
4 10. The Respondent No. 7 - MCF had initially filed the reply dated

08.07.2024 about the action initiated for compliance of the

recommendations of the Joint Committee as under:

"2. That, Present reply is being filed at this stage to submit
compliance report on the recommendations of the joint committee
in this matter. Liberty is being craved to file additional
reply/affidavit, as and when required, with the permission of this
Hon'ble Tribunal. In order to obtain authorisation/NOC from
HSPCB for establishment of MSW processing facility, the online
procedure was followed at HSPCB portal but no option was found
on the website to apply for NOC in respect of establishment of
MSW processing facility. Thereafter, a letter bearing memo no.
MCF/XE/(SBM/SWM)/2024/152 dated 15.05.2024 (attached at
Annexure R/1) was written to the Regional Office, HSPCB
Ballabgarh, to request a list of necessary documents for the NOC
application and seeking guidance on the application process for
the NOC (as HSPCB portal lacked provision for NOC application
for Solid Waste Management processing sites). Further, regarding
the recommendation of the Joint Committee to set up a facility for
leachate treatment, MCF has planned to employ the method of
recirculation of leachate on windrows, which will aid in the
leachate evaporation process and support the maturation of
windrows. Since only fresh waste will be processed at the site,
the quantity of leachate generated will be minimal and
manageable through the recirculation process.

1. That in view of the second recommendation of the Joint Committee regarding declaration of buffer zone and development of greenbelt, MCF has incorporated provisions for a buffer zone and green belt development in the site/layout plan. Additionally, MCF is set to initiate plantations at the site during present monsoon. Furthermore, tender for the work of installation of view cutters/Iron at the site has been floated to avoid possibility of odour."
2. The Respondent No. 7 - MCF has filed the additional reply dated

03.05.2025 disclosing that the total land under 50 MLD STP was 50 acres

and this STP was constructed, operated and maintained by Public Health

Engineering Department which was subsequently handed over to MCF on

30.01.2018. The MCF has constructed 100 MLD STP based on SBR

technology, utilizing less than 10 acres of land by replacing 50 MLD STP of

old technology. This STP requires maximum 15 acres of land and in the

remaining 35 acres of land, solid waste management processing facility has

been developed. The MCF has ensured that it will maintain existing green

cover. The reply further discloses that 100 MLD STP has been constructed. 5 The waste processing site is also in functional stage and it is not a dumping

yard for municipal solid waste. The details so disclosed by the MCF in the

additional reply dated 03.05.2025 are as under:

"2. That the applicant has raised a false narrative regarding
ownership of the land. In fact, at the Partapgarh site, the total
land under the 50 MLD STP was 50 acres. This STP was
constructed, operated, and maintained by the Public Health
Engineering Department (PHED), formerly known as the Public
Health Department (PWD). The STP, along with its land, has been
handed over to the Municipal Corporation Faridabad (MCF) on
30.01.2018.

1. That MCF has constructed a 100 MLD STP based on SBR
   Technology utilizing less than 10 acres of land replacing 50 MLD
   STP on old technology (UASB). The requirement of land for present
   STP and provisions for future expansion, if required is less than
   15 acres. The balance 35 acres of land remains vacant and can
   be utilized for Environmental Projects. A Solid Waste
   Management (SWM) processing facility has been developed
   within this land. Due to advancements in sewer treatment
   technology requiring lesser land, MCF has utilized the vacant
   land at Partapgarh for the temporary processing of MSW. It is
   pertinent to mention that the applicant/objector has not raised
   any issue regarding the parcel of land upon which the original 50
   MLD STP was constructed.

2. That it is again clarified that the 50-acre land of the STP has been
   duly handed over to MCF on 30.01.2018 along with the 50 MLD
   STP. Further, MCF assures that it will not only maintain the
   existing greenery but also enhance the green cover all along the
   boundary of the land in question.

3. That it is submitted that MCF has constructed a 100 MLD STP
   based on SBR Technology. In addition, a proposal from NVVNL
   (NTPC Vidyut Vyapar Nigam Ltd.) and BPCL (Bharat Petroleum
   Corporation Ltd.) is under consideration for setting up a
   Compressed Biogas (CBG) Plant.

4. That waste processing site is in functional state and trommels
   have been installed. The processing plant runs on electricity. It is
   specifically submitted that none of the equipment at the site
   operates on gas cylinders. Although the plant is operational, due
   to public protests, there are hindrances in its day-to-day
   functioning.

5. That MCF reiterates its assurance to the Hon'ble Tribunal that the
   site in question is being developed strictly as a processing facility
   and not as a dumping yard for Municipal Solid Waste (MSW).

6. That it is submitted that the Hon'ble Supreme Court of India and
   the Hon'ble NGT have passed categorical directions for
   processing of MSW. In compliance with orders passed by the
   Hon'ble Supreme Court in W.P.(C) No. 13029/1985 and by the
   Hon'ble NGT in O.A. No. 172/2021, the subject site has been 6 utilized for processing 300 TPD (tons per day) of MSW as a stop-
   gap arrangement until a permanent processing facility is
   developed by MCF in collaboration with NVVNL, GAIL (India) Ltd.,
   BPCL, or any other agency.

7. That MCF has already identified a piece of land measuring 41.17
   acres at Village Motuka-Arua for setting up a Torrefied Charcoal
   Plant in collaboration with NVVNL. As stated above, the site in
   question is not a dumping ground; rather, it has been developed
   as a processing facility utilizing the space available with MCF.
   Steps are taken to control the foul smell by regular spray of Bio-
   Culture over solid waste.

8. That answering respondent (MCF) is making sincere and
   continuous efforts to comply with the directions issued by the
   Hon'ble NGT and the Hon'ble Supreme Court of India."

9. The MCF has filed further additional reply dated 22.09.2025

disclosing that some trees and undersize plants were damaged during the

development of the site by the contractor for which the Forest Department

has already taken an action and that in coordination with the Forest

Department, land parcel of 3.03 acres forest land after getting demarcated

has been separated by the GI sheets. It has further stated that the adequate

buffer zone has been created and attempt is being made to obtain consent

from the HSPCB and has carried out the plantation drive and no leachate

will be generated because the site is meant to scientifically dispose of the

waste. The details so disclosed by the MCF in the reply affidavit dated

22.09.2025 are as follows:

"4. That during developing the site in question, some trees and
undersize plants were got damaged by personals deputed by
Contractors for which forest department has taken action and
mentioned in report of joint committee. It is submitted that
documents relating to transfer of land measuring 50 acres are
already on record and have been annexed alongwith report of
Joint Committee. It is worthwhile to mention here that while
handing over the land parcel of 50 acres, there was no mention
of any Forest Land. However, at present in coordination with
Forest Department, land parcel of 3.03 acres forest land after
getting demarcated, has been separated by Gl sheets. Fresh
Plantation has been carried out in Forest land in coordination
with Forest Department.

1. That adequate Buffer Zone is also in place around the places
   identified for windrows and trommel machine. The answering
   respondent has constructed a protective RCC wall of 8 feet height
   along with a GI View Cutter of 8 feet, thereby making a total 7 height of 16 feet. Further, the forest land and processing site land
   have been clearly demarcated by installing Gl sheets, ensuring
   that no overlap of activities takes place. Photographs taken at site
   and drone view photographs of the site in question are annexed
   as Annexure-R/1.

2. That MCF has made genuine attempts to obtain Consent from
   HSPCB through the HROCMMS Portal. However, the portal
   provides an online facility only for landfill sites and no option
   exists for processing-cum-segregation facilities. This technical
   issue was duly communicated to the Haryana State Pollution
   Control Board (HSPCB) vide office Memo No.
   MCF/XEN(SBM/SWM)/152 dated 15.05.2024. (Annexure-R/2).

3. That on 22.01.2025, vide Memo No. MCF/XEN(SWM)/2025/26,
   MCF formally requested for a joint visit regarding authorization
   for the MSW Processing Plant at Pratapgarh.

4. That answering respondent once again attempted to apply online
   through the HROCMMS Portal. However, the said portal continues
   to provide only for landfill applications and not of consent and
   authorization for processing-cum-segregation facilities.

5. That in accordance with Form-I of the Solid Waste Management
   Rules, 2016, MCF has already submitted an offline application
   on 14.05.2025, along with all requisite documents, vide Memo
   No. MCF/XEN/Environment/2025/200 dated 13.05.2025
   (Annexure-R/3). Another request letter of the same has also been
   sent to HSPCB, Faridabad vide Memo No.
   MCF/XEN(SBM/SWM)/2025/418 dated 02.09.2025, requesting
   early action for obtaining the requisite NOC/authorization.
   (Annexure-R/4).

6. That public essential services like solid waste management can't
   be put at halt on the ground of technical difficulties, especially in
   view of increasing load on Bandhwari land fill site. Considering
   urgent need of such activity, CPC B vide its latest categorisation
   policy, has kept such activity under Blue Category.

7. That as part of its environmental protection measures, MCF has
   also undertaken plantation drive within the premises of the
   processing site, thereby improving the green cover, reducing dust,
   and mitigating any adverse impact on the surrounding
   environment. Further MCF will continue of take care of these
   plants to ensure best survival rate and replace wherever
   required. Photos of the site has already been annexed as
   Annexure R/1.

8. That so far as allegation of Leachate is concerned, it is submitted
   leachate is generated when high heaps of garbage are piled up
   resulting in the aerobic/anaerobic composting within the entire
   waste heap. This results in generation of leachate in the legacy
   waste heaps developed at land fill site. On the contrary, present
   site is meant to scientifically dispose the waste as explained in
   previous paragraphs where fresh waste gets aerobic/anerobic
   composting with 'oxygen, sunlight in windrows and spray of bio
   cultural. Drying process results the waste getting stabilised
   faster. When garbage is stabilised, there is no smell or leachate 8 generation and the material is dry enough for sieving in the
   trommel screens. It is further submitted that small. amount of
   leachate generated (if any) is collected through drain channels
   into collection tank and is further treated by underwater
   composting and aeration by mechanical agitation and then sent
   to nearby STP for co-treatment with municipal wastewater.
   During rainy period, transportation of waste to present site was
   avoided because processing was affected due to rain."

9. The Applicant has alleged illegal felling of trees and Joint Committee

also in its report has confirmed felling of 180 trees. Against the illegal felling

of trees, the concerned Forest Officer had already initiated action. The

forest offence reports were filed. The forest offence was registered and

compounded.

1. It is clear in this case that illegal felling of 180 trees has been done

by the Respondents No. 7 and 8, therefore, they are required to do

compensatory plantation of atleast 10 trees as against each illegal felling

of tree. Hence, we direct the Respondent No. 7 to carry out the

compensatory plantation of the 1800 trees and ensure its survival for

atleast five years. The DFO, Faridabad will monitor the compensatory

plantation and survival.

1. The above reports filed by the MCF also reveal that no dump site has

been created, but solid and liquid waste management facility have come

up in the area concerned which are essential for the liquid and solid waste

management from the environmental point of view. So far as the grievance

raised by the Applicant in respect of the permission from the HSPCB for

setting up the solid and liquid waste management facility is concerned, the

above reply reveals that the MCF is making efforts to obtain those

clearances, but on account of some ambiguity the same could not be done.

1. The Applicant has alleged that solid waste management facility has

come up near the residential area, but no authentic material has been

placed on record in respect of the distance and to reach to the conclusion 9 that the siting criteria is violated. The Applicant has also alleged that the

facility is coming up next to the airport base, but no such plea has been

raised in the OA, therefore, for the first time at the time of hearing of the

OA, such factual plea cannot be permitted to be raised.

1. Counsel for the Applicant had also submitted that in terms of Rule-

11(f) of the SWM Rules, 2016, the land was required to be identified and

allocated, but it is a case where the MCF is the owner of the land. He has

further alleged that the operator of solid waste processing and treatment

facility is required to submit annual report in Form-III in terms of the Rule-

19(6) of the SWM Rules, 2016 to the PCB.

1. So far as the compliance of the SWM Rule is concerned, the HSPCB

is required to visit the site, ascertain the compliance position and take

appropriate punitive and remedial action if any violation of the rules is

noticed. Let this exercise be completed within a period of three months.

1. The OAs are accordingly disposed of. All the pending I.A's, if any, will

also stand disposed of.

Prakash Shrivastava, CP

                                                  Dr. A. Senthil Vel, EM

March 24, 2026
Original Application No. 123/2024
and connected matter
dv 10