NGT bans burning of waste in open, violators to be fined

Imposing a complete ban on burning of waste in open including garbage, leaves, plastic and crop residues, the National Green Tribunal on Tuesday said violators will be fined Rs 5,000, in yet another significant order to tackle air pollution in Delhi-NCR.

The order comes three weeks after the Tribunal banned plying of diesel vehicles which were more than 10 years old in the region. A bench headed by NGT Chairperson Justice Swatanter Kumar passed a slew of directions, including asking the civic authorities and state governments of Delhi, Haryana, Rajasthan and Uttar Pradesh to "immediately" spread mass awareness regarding ill-effects of burning waste materials in open areas.

"It is on record before us that burning of garbage and other materials is not only source of air pollution but forms 29.4 per cent of air pollution with reference to PM10. Burning of material also causes serious respiratory problems and are even carcinogenic.... "There shall be complete prohibition on burning of any kind of garbage, leaves, waste, plastic, rubber or any such other materials in open areas for any part of NCR-Delhi," it said.

PM or Particulate matter refers to all solid and liquid particles suspended in air many of which are hazardous. They are differentiated on the basis of their size. Elaborating on the process for filing complaints, it said "any person who notices burning of such material would have a right to complain in writing or otherwise to SHO of concerned area, concerned Municipal Corporation, Delhi Pollution Control Committee (DPCC) and its regional branches and to the heads of the concerned departments".

"We direct that for every incident of burning of such material, the person who is actually found burning or responsible for burning would be liable to pay compensation in terms of Section 15 of the National Green Tribunal Act, 2010 under the principle of polluter pays," the bench said adding that the money collected would be used for restoration of environment.

The green panel said that in case an offender refuses to comply with the orders, the officer-in-charge would be at liberty to serve show cause notice to him for appearing before the Tribunal and explain why he shall not pay compensation. It made it clear that orders of NGT are to be complied with as a decree order of a civil court and all authorities including the police are duty bound to carry them out.

In relation to burning of plastic and like products, the bench issued specific directions to corporations and police authorities that "in no event they would permit burning of plastic or by product in any part of NCR-Delhi".

"If authorities notice such burning they will not only ensure that such activity is stopped but will also be entitled to seize the entire material. On seizure of such material, the authorities will take direction from the Tribunal and dispose it by giving it to an authorised dealer," the Tribunal said.

The Tribunal directed all the municipal corporations to notify within two days from today the mobile number -- 9717593474-- on which such complaints can be made. Immediately upon receipt of such complaint, the concerned authority through the designated officers would proceed in accordance with law.

The bench also said that its December 4, 2014 orders with regard to burning of waste material will continue to be in force.

The Tribunal, in its December 4 order, had said that steps should be taken to reduce level of PM 2.5 levels through appropriate anti pollution devices and the only workable solution to this "serious menace" is complete prohibition on burning of garbage or other material in the open area.

"We direct Police Authority and respective Municipal Corporation and the Delhi Pollution Control Committee to ensure that any waste material, garbage or even leaves are not burnt in the open areas at all.

"For this purpose, concerned Executive Engineer of the respective organisation responsible for activities of cleanliness shall be personally responsible because this work alone cannot be carried out by the Police with its limited resources," the bench had said.

Widening the ambit of a plea related to vehicular pollution, the bench had said that studies have shown that there are three primary sources causing serious air pollution in NCR Delhi--dust, burning of plastic and other materials including leaves in the open area and vehicular pollution.

"All these three sources lead to a common evil of air pollution by introducing high particulate matters, hydrocarbon, oxides of sulphur and nitrogen, benzene and ozone in the air. All these pollutants are responsible for causing health hazards," it had said.

The green panel had earlier issued notices to chief secretaries of all states and Union Territories seeking status on prevention of air pollution with regard to vehicular traffic. Noting that diesel is prime source of air pollution in Delhi, the tribunal on April 7 had directed that all diesel vehicles which are more than 10 years old will not be permitted to ply in Delhi-NCR.

On November 26, 2014, the tribunal had banned plying of vehicles which were more than 15 years old.