Nitish Kashyap & Anuj Agrawal.Yesterday, the Bombay High Court effectively stopped the construction of any new residential and commercial in the city. By prohibiting the issuance of any more commencement certificates or intimations of disapproval, Justices Abhay Oka and C.V. Bhadang have tackled head-on the problem of waste management..At the heart of the mater lies the Municipal Solid Waste Rules, a set of guidelines formulated in the year 2000. Alleging non-compliance by the state government and the BMC, a number of petitioners had approached the High Court, with the lead matter being Sewak Trust v Municipal Corporation of Greater Mumbai (PIL No. 108 of 2014)..And the data provided to the court raises some grave concerns..As recorded by the High Court in an earlier order, the city has witnessed a steep increase of solid waste generated in the last eight years; a total increase of 3,500 MT of solid waste per day..The sharp increase was attributed to large scale construction, with the court repeatedly recording that additional FSI is sanctioned without an impact assessment study. Adding to the problem is the BMC’s lack of resources to tackle the waste; the BMC’s only processing at Kanjurmarg has a capacity of 3,000 MT per day. The rest, approximately 6,500 MT, is being dumped illegally at Mulund and Deonar where there is no processing facility..It is a problem that the BMC is well aware of. As per affidavits filed by the BMC itself, scientific treatment of waste will only be possible by the year 2019. By that point of time, with the current rate of construction, the city would be generating 15,000 MT of solid waste..Which is why the High Court has chosen to take this drastic step..As per the order, the BMC can now process proposals for new buildings but cannot issue commencement certificates nor intimations of disapproval to any projects. However, these restrictions will not be applicable to hospitals, educational institutions, dispensaries, and redevelopement projects. When it comes to redevelopment projects, no additional FSI will be granted..These restrictions will be in place till the BMC complies with MSW Rules 2000..There is more..The BMC Secretary has been directed appoint a Deputy Secretary to head a monitoring committee at Deonar. The court also clarified that were any incident like the Deonar fire to occur in future, it would be the BMC that would be held responsible..The matter saw a number of lawyers appear in the matter including senior counsels SU Kamdar and J. Reis.
Nitish Kashyap & Anuj Agrawal.Yesterday, the Bombay High Court effectively stopped the construction of any new residential and commercial in the city. By prohibiting the issuance of any more commencement certificates or intimations of disapproval, Justices Abhay Oka and C.V. Bhadang have tackled head-on the problem of waste management..At the heart of the mater lies the Municipal Solid Waste Rules, a set of guidelines formulated in the year 2000. Alleging non-compliance by the state government and the BMC, a number of petitioners had approached the High Court, with the lead matter being Sewak Trust v Municipal Corporation of Greater Mumbai (PIL No. 108 of 2014)..And the data provided to the court raises some grave concerns..As recorded by the High Court in an earlier order, the city has witnessed a steep increase of solid waste generated in the last eight years; a total increase of 3,500 MT of solid waste per day..The sharp increase was attributed to large scale construction, with the court repeatedly recording that additional FSI is sanctioned without an impact assessment study. Adding to the problem is the BMC’s lack of resources to tackle the waste; the BMC’s only processing at Kanjurmarg has a capacity of 3,000 MT per day. The rest, approximately 6,500 MT, is being dumped illegally at Mulund and Deonar where there is no processing facility..It is a problem that the BMC is well aware of. As per affidavits filed by the BMC itself, scientific treatment of waste will only be possible by the year 2019. By that point of time, with the current rate of construction, the city would be generating 15,000 MT of solid waste..Which is why the High Court has chosen to take this drastic step..As per the order, the BMC can now process proposals for new buildings but cannot issue commencement certificates nor intimations of disapproval to any projects. However, these restrictions will not be applicable to hospitals, educational institutions, dispensaries, and redevelopement projects. When it comes to redevelopment projects, no additional FSI will be granted..These restrictions will be in place till the BMC complies with MSW Rules 2000..There is more..The BMC Secretary has been directed appoint a Deputy Secretary to head a monitoring committee at Deonar. The court also clarified that were any incident like the Deonar fire to occur in future, it would be the BMC that would be held responsible..The matter saw a number of lawyers appear in the matter including senior counsels SU Kamdar and J. Reis.
