Mumbai News: BMC Appeals SC, Says Restoring Kanjur Mangroves Not Feasible Due To Lack Of Alternative Dump Site

Mumbai: The Brihanmumbai Municipal Corporation (BMC) filed a Special Leave Petition (SLP) in the Supreme Court, challenging the Bombay High Court’s directive to restore a 142-hectare landfill in Kanjurmarg to its original mangrove forest status.

No Viable Alternative For Waste Disposal

According to a Hindustan Times report, the civic body, in its plea filed on July 26, claimed it has no viable alternative land for the disposal of 90 per cent of Mumbai’s solid waste, currently being dumped at the Kanjur site.

The High Court had issued the restoration order in May, citing violations of the Forest Conservation Act. The land, originally classified as a protected forest, was permitted for use as a dumping ground in 2006 under the condition that mangroves would remain untouched. However, a 2009 notification by the Maharashtra government de-notified the entire stretch, triggering legal action by environmental NGO Vanashakti.

BMC Claims Parts Of Dumping Site Mistakenly Notified As Protected Forest Land

In March this year, the High Court ordered BMC to restore 119.91 hectares of the site back to its forest condition. The BMC's Supreme Court plea contends that a July 2008 notification mistakenly included parts of the waste disposal site as protected forest land. The state, upon realising the error, attempted to correct it and filed an application in the High Court to that effect.

The BMC has argued that the Maharashtra government later issued a 2012 notification clarifying that only 118.41 hectares of land were to be used for dumping, explicitly excluding 23.26 hectares covered by mangroves. The civic body stated that the High Court’s ruling failed to consider this clarification and wrongly concluded that the state lacked the authority to make such a correction without the Centre’s approval.

Vanashakti Organisation Chief Slams Timing Of Plea

Calling the High Court’s order 'erroneous,' the BMC urged the Supreme Court to quash the decision. Reacting strongly to the appeal, Vanashakti director and petitioner Stalin D criticised the timing. “The HC gave BMC three months to act. But we were served notice of the SLP only on Thursday, a day before Friday’s hearing. This was clearly strategised and unethical. We’ll attend the hearing virtually and challenge it head-on,” he said, as quoted by HT. The case now moves to the apex court, where a final decision on the fate of the Kanjurmarg mangroves awaits.