The piles of garbage lying in the landfill sites of Delhi is a "very serious problem", the Supreme Court said today as it pulled up the National Highways Authority of India for not proceeding with its segregation to use part of the waste for road construction.
The apex court also stayed the proceedings related to the landfill sites at Ghazipur and Bhalswa in Delhi pending before the National Green Tribunal (NGT).
When a bench comprising Justices Madan B Lokur and Deepak Gupta asked the NHAI why it was not proceeding with segregation of waste lying at Ghazipur landfill site, the authority said they had issued tender but the cost quoted by the parties to do the work was exorbitant.
Additional Solicitor General (ASG) Pinky Anand, appearing for NHAI, said a memorandum of understanding was entered into between East Delhi Municipal Corporation (EDMC) and NHAI, which included the issue of segregating the waste lying at Ghazipur landfill site.
Anand, while maintaining that segregation of the waste was the work of EDMC, said they had floated a tender for it as per an NGT order but the quotations received was very high.
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She said the tender was for 1.3 million metric tonne of waste lying at a stretch of two kms, but as per NHAI's estimate, it would take roughly Rs 35 crore for this work.
The ASG said the quotation received in the tender was of Rs 138 crore which was way higher than the estimated Rs 35 crore.
ASG A N S Nadkarni, who appeared for EDMC, said as per the MoU, NHAI was the implementing agency for all these works and they were supposed to do it.
"Why can't the amount come from the green cess? Sometime you have to pay more to save. Landfill is a very, very serious problem," the bench observed.
Anand told the bench that EDMC has a segregation plant at Ghazipur which should do this work.
The bench observed, "EDMC has created a situation that is irreversible".
Nadkarni, however, told the bench that Ministry of Road Transport and Highways would pay for it and funds were not an issue.
"Then you (NHAI) do it," the bench observed, after which the NHAI said, "the bid price is so high".
"That is not your problem. The ministry is saying that they will pay the amount," the bench said, adding, "Somebody is giving you money, but you are saying how can you give money. How can you do that? Please file an affidavit."
The court also heard the issue relating to sanitary landfill sites at Bhalswa and questioned how were these matters also pending before the NGT.
"Are we bound by the orders of the NGT? We do not understand this," the bench said, adding, "Reports are filed before the NGT and arguments are advanced before the Supreme Court."
"We will stay the proceedings before the NGT," the bench said.
When the amicus said staying the proceedings before the NGT would not serve the problem and the tribunal could dispose of the matter, the bench shot back, "Are you saying the Supreme Court cannot do anything because the NGT is hearing it? Are you saying that we are not capable to decide this issue? Do not say all this."
The bench listed the matter for further hearing in July.
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