The Supreme Court, in its recent judgment, has overturned the National Green Tribunal's (NGT) directive to close the Garbage Processing Plant (GPP) at Baner, Pune. The Court ruled that the plant, set up under the 2000 Solid Waste Management Rules and operational since 2016, could not be shut down based on subsequent regulations. The court emphasized the public interest in maintaining waste processing operations to prevent environmental harm caused by transporting waste across the city. However, the Court has mandated the Pune Municipal Corporation (PMC) and Noble Exchange Environment Solutions to implement stringent environmental safeguards, including odor control and improved waste management systems, by December 2024.
Case Background:
Parties Involved: Pune Municipal Corporation (Appellant) vs. Sus Road Baner Vikas Manch (Respondent).
Initial NGT Order: Directed closure of the Garbage Processing Plant (GPP) operated by Noble Exchange at Baner, citing violations of environmental norms.
NGT's Reasoning: The plant allegedly caused environmental damage and posed a health hazard to nearby residents.
Supreme Court Judgment:
Legal Grounds: The Supreme Court held that the GPP was established under the 2000 Solid Waste Management Rules, which applied at the time of its construction. The newer 2016 Rules, cited by the NGT, do not apply retroactively to the plant, which was operational before the rules came into force.
Public Interest: The Court highlighted the essential public service provided by the GPP in processing waste from the western part of Pune. Shutting it down would cause a public nuisance by requiring long-distance transportation of waste.
Findings on Compliance: The Supreme Court ruled that the plant had obtained necessary environmental clearances and authorizations before becoming operational.
Environmental Safeguards:
NEERI Recommendations: The Court mandated compliance with recommendations by NEERI (National Environmental Engineering Research Institute) to mitigate environmental risks, including odor control and slurry management.
Improvement Mandates: The PMC and the concessionaire must install portable compactors, cover reject areas, and implement green cover around the plant by the end of 2024.
Acts and Sections Discussed:
National Green Tribunal Act, 2010: Section 22, under which the appeal was filed against the NGT's order.
Solid Waste Management Rules, 2000 & 2016: The primary regulatory frameworks in contention. The Court ruled the 2000 Rules were applicable as the plant was established under them.
Environmental Protection Act, 1986: Empowered the government to notify the 2000 and 2016 Rules.
Ratio Decidendi:
The Supreme Court ruled that laws cannot be applied retrospectively unless explicitly stated. Since the GPP had complied with the 2000 Rules before the 2016 Rules came into effect, the latter could not be used to justify its closure. Additionally, the public interest in keeping the plant operational outweighed the concerns raised by the local residents, provided that new environmental measures were implemented.
