Environmental Justice in India: Supreme Court Restores Case on Gujarat's Landfill Pollution

In a significant ruling reinforcing environmental accountability, the Supreme Court of India restored a case concerning municipal waste mismanagement in Surat, Gujarat. The case, filed by Kantha Vibhag Yuva Koli Samaj Parivartan Trust and others, had initially been dismissed by the National Green Tribunal (NGT), which redirected the petitioners to approach an administrative committee. However, the Supreme Court ruled that the NGT had wrongly delegated its judicial function, restoring the case for proper adjudication.

Background of the Case

The appeal arose from a judgment by the NGT’s Principal Bench on September 28, 2018, dismissing OA No. 81 of 2014 (WZ), which had been pending for nearly four years. The appellants, comprising environmental organizations and affected individuals, had approached the tribunal seeking redress against the Surat Municipal Corporation (SMC) for violating environmental regulations through the dumping of unsegregated and untreated municipal solid waste (MSW) at an open landfill in Khajod Village, Surat. This site, measuring 188 hectares and surrounded by thirty-five villages, had been used for waste disposal since 2003, with the quantity of waste increasing from 850 metric tonnes per day to 1600 metric tonnes per day by 2014.

The appellants contended that the unchecked dumping of waste violated the Municipal Solid Waste (Handling and Management) Rules, 2000, and the Bio-Medical Waste (Management and Handling) Rules, 1998. They argued that the continuous dumping had caused severe contamination of local water bodies and groundwater, increased air pollution due to burning waste, harmed the ecology of nearby villages, and adversely affected the health of residents and livestock.

The appellants sought various reliefs, including:

Immediate cessation of MSW dumping at the landfill site
Restoration of the environment in the surrounding areas
Rehabilitation of the landfill site to its original condition
Compensation to affected villagers based on damage assessment
Strict enforcement of the Solid Waste Management Rules, 2016

Proceedings Before the NGT

The Western Zone Bench of the NGT, upon hearing the matter, issued multiple interim orders:

On March 20, 2015, the NGT noted: “Prima facie there is a ring of truth in the averments made by the Applicants, to indicate that the MSW plant is being mismanaged.”
On May 16, 2017, the tribunal directed SMC to formulate an action plan to close the landfill site.
On July 2, 2018, the NGT rejected SMC’s claim that a waste-to-energy plant could only be completed by December 2019, instead directing its completion by March 2018.
On December 5, 2017, the tribunal addressed the issue of compensating farmers impacted by air and groundwater pollution.

Dismissal by the NGT’s Principal Bench

Despite these significant proceedings, the Principal Bench of the NGT dismissed the case on September 28, 2018. The tribunal reasoned that the case was covered under a broader matter (OA No. 606 of 2018), which had led to the formation of committees to monitor waste management implementation. The order stated:

“As this OA relates to implementation of Solid Waste Management Rules, 2016, we are of the considered opinion that it is covered by the order passed by the larger Bench of the Tribunal dated 20th August, 2018 in OA No. 606 of 2018.”

The appellants were permitted to approach the committee for grievance redressal, and the case was dismissed without costs.

Supreme Court’s Ruling

Challenging the NGT’s decision, the appellants argued that referring them to a committee undermined the progress made in the case. They contended that the tribunal had a judicial obligation to adjudicate the matter rather than delegate it to an administrative body.

The Supreme Court, comprising Justice D.Y. Chandrachud and Justice Bela M. Trivedi, observed that the NGT had abdicated its judicial responsibility. Citing Mantri Techzone (P) Ltd. v. Forward Foundation, the Court reaffirmed that the NGT has broad powers to enforce environmental protection laws and that delegating adjudication to an administrative body was improper.

The Court held:

“The NGT has in the present case abdicated its jurisdiction and entrusted judicial functions to an administrative expert committee. Adjudication under the statute is entrusted to the NGT and cannot be delegated to administrative authorities.”

The Court restored the case to the NGT and directed that hearings resume from the stage before the impugned order was passed.

Implications of the Judgment

This ruling has far-reaching implications for environmental justice in India:

It reinforces the principle that judicial functions cannot be delegated to executive committees.
It ensures continued oversight of municipal waste management failures in Gujarat.
It underscores the role of the judiciary in holding municipal bodies accountable for environmental violations.

Conclusion

The Supreme Court’s intervention reinstates judicial scrutiny over crucial environmental concerns. By restoring the case, the Court has reaffirmed the NGT’s obligation to adjudicate matters rather than divert them to administrative bodies. This judgment sets a precedent for ensuring that environmental litigation remains within the purview of judicial review rather than being relegated to committees with limited enforcement powers.

Petitioner Name: Kantha Vibhag Yuva Koli Samaj Parivartan Trust and Others.
Respondent Name: State of Gujarat and Others.
Judgment By: Justice Dhananjaya Y Chandrachud, Justice Bela M Trivedi.
Place Of Incident: Surat, Gujarat.
Judgment Date: 21-01-2022.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: kantha-vibhag-yuva-k-vs-state-of-gujarat-and-supreme-court-of-india-judgment-dated-21-01-2022.pdf

Directly Download Judgment: Directly download this Judgment

See all petitions in Environmental Cases
See all petitions in Public Interest Litigation
See all petitions in Fundamental Rights
See all petitions in Judgment by Dhananjaya Y Chandrachud
See all petitions in Judgment by Bela M. Trivedi
See all petitions in allowed
See all petitions in supreme court of India judgments January 2022
See all petitions in 2022 judgments

See all posts in Environmental Cases Category
See all allowed petitions in Environmental Cases Category
See all Dismissed petitions in Environmental Cases Category
See all partially allowed petitions in Environmental Cases Category