The Bombay High Court’s Justices Anoop Mohta and AA Sayed today lifted the ban on new construction in the KDMC (Kalyan Dombivli Municipal Corporation) area..The ban on construction, residential and commercial was imposed through an order dated April 13 2015. The original PIL, filed way back in 2009, sought the closure of existing dumping ground at Adharwadi which is yet to be done..Today’s order came in light of various compliances recorded in the affidavit filed today by the civic body. The affidavit records that KDMC has taken “numerous concrete irreversible” steps towards securing compliance of Municipal Solid Waste Rules..KDMC’s affidavit also says that two processing plants and Sanitary Landfill Facilities( SLF) have already been identified at Barave and Umberde, and the tendering process is underway. It also records how 14 out of 122 wards are “dust-bin free”, meaning that segregation of waste into dry and wet is done at the source itself. By the end of May 2017 KDMC hopes to make the entire municipality “dust-bin free”..Interestingly, the affidavit also records that since KDMC used to have a surplus of around 40 crores every year, due to the earlier order there has been a shortage of funds. The same is also recorded in this report by Mid Day which says how the civic body will be losing around Rs.70 crores in a year as a result of ban on all new construction..While the ban has been lifted, one cannot help but notice a pattern that may follow with the BMC as a similar order was passed by then division bench of Justices AS Oka and CV Bhadang. In that particular case as well, the MSW Rules of 2000 were being violated..Undoubtedly, the loss caused to the municipal corporations would be substantial; it may be the only way to ensure compliance of the rules relating to waste disposal. After all, these orders, hit where it hurts the most.
The Bombay High Court’s Justices Anoop Mohta and AA Sayed today lifted the ban on new construction in the KDMC (Kalyan Dombivli Municipal Corporation) area..The ban on construction, residential and commercial was imposed through an order dated April 13 2015. The original PIL, filed way back in 2009, sought the closure of existing dumping ground at Adharwadi which is yet to be done..Today’s order came in light of various compliances recorded in the affidavit filed today by the civic body. The affidavit records that KDMC has taken “numerous concrete irreversible” steps towards securing compliance of Municipal Solid Waste Rules..KDMC’s affidavit also says that two processing plants and Sanitary Landfill Facilities( SLF) have already been identified at Barave and Umberde, and the tendering process is underway. It also records how 14 out of 122 wards are “dust-bin free”, meaning that segregation of waste into dry and wet is done at the source itself. By the end of May 2017 KDMC hopes to make the entire municipality “dust-bin free”..Interestingly, the affidavit also records that since KDMC used to have a surplus of around 40 crores every year, due to the earlier order there has been a shortage of funds. The same is also recorded in this report by Mid Day which says how the civic body will be losing around Rs.70 crores in a year as a result of ban on all new construction..While the ban has been lifted, one cannot help but notice a pattern that may follow with the BMC as a similar order was passed by then division bench of Justices AS Oka and CV Bhadang. In that particular case as well, the MSW Rules of 2000 were being violated..Undoubtedly, the loss caused to the municipal corporations would be substantial; it may be the only way to ensure compliance of the rules relating to waste disposal. After all, these orders, hit where it hurts the most.
