New Delhi: The Supreme Court on Thursday quashed a judgment delivered by the National Green Tribunal (NGT), directing the closure of a garbage processing plant at Pune's Baner, saying closing it down would be "detrimental" to the public interest.
A bench comprising Justices B R Gavai, P K Mishra and K V Viswanathan said: "We find that the closure of the garbage processing plant (GPP) in question rather than subserving the public interest, would be detrimental to the public interest".
"If the GPP in question is closed, the organic waste generated in the western part of Pune city would be required to be taken all the way throughout the city to Hadapsar which is in the eastern part of the city. This will undoubtedly lead to foul odour and nuisance to the public," said the bench.
The bench said the finding of the NGT that initially the plot where GPP was constructed was reserved for a bio-diversity park is also erroneous and factually incorrect.
"The plot in question has been reserved for the GPP since inception and it is only the adjoining plot which was reserved for the Bio-diversity Park", said the bench.
The apex court said it is of the considered view that the impugned judgment and order of the NGT deserves to be quashed and set aside. "We find it necessary to caution the appellant-Corporation as well as the respondent-Concessionaire that they should take necessary steps so that the residents residing in the nearby buildings do not have to suffer on account of foul odour," said the bench.
The Pune Municipal Corporation and the concessionaire entered into a concession agreement on March 30, 2015, for setting up an organic waste processing plant in Baner. The apex court noted the proposed land use map for the Balewadi village, Baner which was notified on December 31, 2002, revealed that a plot was reserved for GPP.
The apex court’s judgment came on the appeals filed by the Pune Municipal Corporation and others challenging the October 2020 verdict of the NGT which directed the civic body to close the GPP at Baner. The tribunal had also directed to shift the GPP to an alternate location in terms of the guidelines issued by the Central Pollution Control Board within four months. The operator of the GPP had filed an application before the NGT seeking review of its order but the same was dismissed by the tribunal in December 2020.
The bench noted that the NGT's order dismissing the review application was also challenged before it. The apex court also noted that NGT had passed the October 2020 verdict on a plea seeking to restrain the concessionaire from operating the GPP at Baner.
