The National Green Tribunal Principal Bench in New Delhi has disposed of an original application regarding garbage overflow posing health risks to visually impaired students in West Delhi.
The Tribunal took suo motu cognizance of a news item published in a newspaper on April 30, 2024.
The news item disclosed that the Akhil Bhartiya Netrahin Sangh School for visually impaired children in Raghubir Nagar, West Delhi, faced significant challenges due to a huge overflowing MCD garbage receptacle point and multiple open sewage holes adjacent to it.
The garbage overflow posed a direct problem to the school’s dining hall, creating serious environmental threats and health hazards to the students.
The Tribunal impleaded the respondents, including the Delhi Pollution Control Committee (DPCC), Central Pollution Control Board (CPCB), and Municipal Corporation of Delhi (MCD). The DPCC and CPCB filed reports disclosing that the inspection of the dhalao near the school found garbage spilling over the road, water pooled on the side road, and foul smell due to garbage.
The Principal Bench comprising Chairperson Justice Prakash Shrivastava, Judicial Members Justice Sudhir Agarwal and Justice Arun Kumar Tyagi , Expert Member Dr Afroz Ahmad observed that the MCD had violated Rule 15 of the Solid Waste Management Rules, 2016, and had failed to comply with the provisions of the Environment (Protection) Act, 1986.
The Tribunal noted that the visually impaired students had suffered for several years due to the negligence and inaction of the authorities.
Considering the principle of “Polluter Pays” and exercising its power under Section 15 of the National Green Tribunal Act, 2010, the Tribunal awarded a compensation of Rs 20 lakh to the Akhil Bhartiya Netrahin Sangh School.
The compensation will be payable by the MCD within one month from the date of the order.
The school management will utilize this amount in creating a better environmental atmosphere and extending proper health and other facilities to the students.
The Tribunal also directed the MCD to take immediate action for closure of the dhalao and ensure that no sewage drain holes or potholes are kept open near the school.
The DPCC was directed to initiate action for imposition of environmental compensation if the violation continues.
The Tribunal ordered the respondents to submit an action taken report within three months.
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