Bombay HC to state govt: Stop illegal dumping or prohibit all construction

Last Friday, the Bombay High Court’s A.S. Oka, C.V. Bhadang JJ. came down on the state government for its wavering stand on illegal dumping of solid waste in Mumbai..The Division Bench was hearing an application filed by the Mumbai Municipal Corporation (BMC) seeking an extension of the deadlines for shutting down the dumping sites at Deonar and Mulund..The application was filed in a PIL filed by Yusuf Jivaji Master in December 2013. In its most recent affidavit, the State government said that the BMC has been handed over land in Taloja and Airoli for development of solid waste management facilities..In all, 32 acres under the Airoli bridge had been placed in the municipal corporation’s possession in Janaury this year, while 39 acres had been handed over in Taloja, most of which is under encroachment..Although government pleader, A.B. Vagyani said that the collector has already started removal of encroachments in the area, the court urged the state to take a more realistic view as removal would lead to several litigations..The bench observed –.“Looking at the facts furnished in the affidavit, Taloja appears to be a distant dream.”.The BMC lawyer, senior counsel S.V. Kamdar said that the BMC will start work immediately at Airoli..In an earlier order dated (October 1 2015) the court had asked the state to consider issuing directions to BMC to prohibit any new construction work till proper facilities for waste disposal are created..Reiterating its stand, the court asked the state to act on violations of the Municipal Solid Waste (management and handling) rules; if the government failed to do so, the court would take that it was party to illegal dumping..“The apex court had said that right to live in a pollution free environment was a fundamental right which was being infringed upon in Mumbai due to illegal dumping..“Two thirds of the solid waste is being dumped illegally while more Floor Space Index (FSI) is being given to commercial and residential projects.”.In India, efficient solid waste management is extremely difficult given the sheer lack of segregation in terms of biodegradable and non-biodegradable waste. Industrial waste is also dumped into land fills which may further contaminate the ground water. According to a Central Pollution Control Board report, Mumbai generates 21 lakh tonnes of industrial waste per year, which is half of the national total..The court has now asked BMC to file an affidavit setting a deadline on establishment of facilities on both sites and also to specify requirement of land keeping in mind a possible increase of solid waste generation to 15,000 mt./day..For the time being, the deadline for operating dumping sites in Deonar and Mulund has been extended to end of February.