Mumbai: The Bombay High Court has granted a 21-month extension to the operator of a Common Bio-Medical Waste Treatment Facility (CBWTF) at Govandi to relocate the unit outside city limits, while directing it to pay Rs 2 lakh to a school for blind children for the delay caused in the shifting process.
Operator Cites Infrastructure Delays
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad passed the order last week while hearing an application filed by SMS Envoclean Pvt Ltd, which operates the existing bio-medical waste incinerator at suburban Govandi. The company sought more time to set up a new facility at the Jambivali Industrial Area in Ambernath, citing delay in availability of basic infrastructure at the site.
Background Of Relocation Order
In August 2023, the high court had directed the operator to establish a new incinerator for treatment of bio-medical waste within two years and shut down the existing Govandi unit thereafter. Initially, the new facility was to be located at the Patalganga, but it was later shifted to Jambivali Industrial Area, which has a lower human population.
Court Accepts Plea But Ensures Accountability
The bench accepted the company’s plea that the delay was beyond its control. “The delay in establishing the facility is evidently attributable to the ongoing infrastructure development works at the site, which are beyond the control of the applicant company,” the court observed.
According to the company, essential services such as road connectivity, electricity, and water supply are yet to be completed at the Jambivali site.
Advocate Zaman Ali, representing residents of Govandi who had filed a public interest litigation seeking relocation of the incinerator, opposed the extension, arguing that the delay continued to cause “grave inconvenience due to air pollution.”
The bench, however, noted that the company had already obtained all necessary statutory permissions to commence operations at the new site. Taking into account the infrastructural constraints, it modified its 2023 order and extended the deadline for commissioning the Jambivali facility by 21 months.
The court also directed the operator to pay Rs2 lakh to a city-based school for blind children “as a measure of accountability for the delay.”
Public Health Concerns And Opposition
The Govandi facility, operational since 2009, has faced sustained opposition from local residents over alleged toxic emissions and health risks. Acting on their plea, the high court had in 2023 directed the Brihanmumbai Municipal Corporation (BMC) to move the plant to the Maharashtra Industrial Development Corporation (MIDC) area in Patalganga.
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However, in February 2024, the state government altered the relocation plan and asked MIDC to identify an alternate site, eventually allotting land in Jambivali village, Panvel taluka.
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