Mumbai, Dec 22: Terming the situation an “emergency”, the Bombay High Court has directed authorities to suggest and implement immediate short-term measures to mitigate odour pollution emanating from the Kanjurmarg dumping site.
Right To Clean Air Linked To Article 21
A bench of Justices Girish Kulkarni and Aarti Sathe observed that the right to breathe clean air flows from the right to life under Article 21 of the Constitution.
“Fresh breathing is the need of the hour. Breathing itself has become difficult because of pollution,” the court said, stressing that pollution from dumping activities “ought not to enter the environment”.
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PIL Challenges Environmental Clearance
The court was hearing a batch of petitions, including a public interest litigation filed by NGO Vanashakti and a residents’ association, challenging the environmental clearance granted for using the Kanjurmarg site for dumping activities. The petitioners have raised concerns about persistent stench, fumes and health issues such as respiratory and skin ailments among residents.
State Committee Confirms Odour Problem
Government pleader Jyoti Chavan told the court that a state-appointed committee, pursuant to HC orders, had visited the site on Sunday. Chavan said that the odour at the site was a problem.
HC Doubts Adequacy Of Existing Measures
“There appears to be genuine concerns of odour being emitted from the Kanjurmarg dumping site,” the bench observed, adding that there was uncertainty over whether the measures claimed by the contractor were scientifically adequate to address citizens’ grievances.
IITs Consulted For Mitigation
Chavan informed the court that short-term measures could be implemented immediately and that IIT Bombay and IIT Delhi were being consulted for mitigation strategies..
Court Slams BMC’s Inaction
The court, however, expressed dissatisfaction with the current response. “Corporation is a silent spectator,” it remarked, adding that citizens should not be forced to approach courts for such basic issues.
6,500 Tonnes Of Waste Handled Daily
Referring to the scale of operations, the court noted submissions that around 6,500 metric tonnes of waste are handled at the site per day. With 1,000 metric tonnes of waste being processed, the remaining 5,500 metric tonnes get added to the site.
Not A Landfill Site, HC Warns
“This is not a landfill site,” the court said, warning that open handling of waste would ievitably allow odour to spread. “If it is an open shed, odour will go out.”
Practical Steps Suggested By Court
The bench suggested practical steps such as covering waste with tarpaulins and sheets, strict segregation of wet and dry waste, and ensuring unloading does not allow emissions to mix with the surrounding environment. Citing examples from other cities, the court remarked, “We don’t find strict implementation here in Mumbai.”
Contractor Directed To Ensure Accountability
The court also underscored the need for accountability and responsiveness from the contractor handling the site. “You (contractor) will have to have a 24x7 number and an email ID which will attend to complaints. You can’t have someone who will not listen,” the bench said.
Air Quality In Mumbai Flagged As Toxic
NGO’s advocate Zaman Ali highlighted that Mumbai’s air contains higher levels of PM2.5, making it “more toxic” despite a lower AQI compared to Delhi.
“We want a healthy population in Bombay. We cannot compromise on Article 21 (right to life),” the bench said. It stressed the implementation of existing guidelines and rules.
Affidavit Sought On Immediate Measures
Directing the authorities to act swiftly, the court ordered an affidavit to be placed on record detailing immediate short-term measures to control odour and prevent harm to human life.
It also directed the contractor to notify and inform citizens about grievance redressal mechanisms and suggested the creation of a green buffer zone around the site.
Court Questions Long-Term Contract
The court also suggested that the BMC relook at the contractor awarded in 2008 to run the Kanjurmarg site, highlighting that over the years, there has been an increase in population and, hence, the waste generated.
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“Whether there has been revision of rates? There has been a monumental increase in waste… There is an increase in population, there has to be an increase in dump. There will be an increase in returns from the dump,” the bench remarked. The matter will be heard next on December 24.
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