Mumbai, Nov 26: Expressing strong displeasure over the persistent hardships faced by residents living around the Kanjurmarg dumping ground, the Bombay High Court on Wednesday directed a high-level committee—constituted earlier this year and reporting to the Deputy Chief Minister (DCM)—to immediately hear and address pending complaints.
Residents’ PIL Challenges Environmental Clearance
A division bench of Justices Girish Kulkarni and Aarti Sathe was hearing a batch of petitions, including a PIL filed by NGO Vanashakti and by residents’ associations, challenging the environmental clearance granted for using the Kanjurmarg site for dumping activities. The court noted that despite years of grievances over the “stench, pollution and serious health hazards,” the situation remains unaddressed.
HC Earlier Restored 119.91 Hectares as Protected Forest
In May, the High Court had quashed the Maharashtra government’s 2009 GR that de-notified 119.91 hectares of the site as forest land, restoring it as protected forest. It held that the notification violated the Forest Conservation Act, 1980, and lacked mandatory central approval.
While allowing the Brihanmumbai Municipal Corporation (BMC) to continue using the site for three months to identify an alternative location, the HC had also instructed authorities to shift the dumping ground outside city limits.
SC Stay Leaves Issues Pending
The State challenged the ruling, and the Supreme Court granted a stay, after which several related petitions remained pending.
Bench Says Citizens Cannot Be Left in Limbo
On Wednesday, the bench asked all parties to seek clarity from the Supreme Court on the status of these petitions, stressing that citizens cannot be left in limbo. “We have many sources of pollution. This cannot be a major source of pollution. Approach the SC and get a clarification,” the bench remarked.
BMC Not Responding to Odour Complaints, Say Petitioners
Residents’ lawyers told the court that since the SC stay, the BMC had stopped responding to odour-related complaints. Advocate Zaman Ali, appearing for Vanashakti, submitted that continuous pollution plagued the area. He added that the corporation does not wish to proceed on complaints and says that the court should clarify.
HC Questions Persistent Pollution Issues
The bench questioned the State on persistent pollution problems. “We have passed orders before, there has to be a proper buffer zone. We have said it should be done scientifically. Unless it is done scientifically, pollution will continue. We have many sources of pollution. This cannot be a major source of pollution,” the bench said, adding that the parties should get clarification from the apex court.
Additional government pleader Jyoti Chavan informed the bench that the committee had been constituted, but was yet to hold a meeting.
HC Orders Meeting on December 2; Compliance Report by December 11
Noting that “not even a single decision” had been taken so far, the court directed the high-level committee to convene a meeting on December 2 at the office of the Principal Secretary, Urban Development Department, Mantralaya. All pending applications must be heard, and compliance placed before the court on December 11, the court said.
Bench Stresses Urgency, Citing Citizens’ Suffering
Emphasising urgency, the bench said: “Neither we nor Mr Anil Sakhare (counsel for the BMC) stays next to the dumping ground. Look at those people. This cannot be. It has to be taken up with utmost priority.”
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DCM-Led Oversight Mandated
The court directed that all complainants’ details be shared with the petitioner and that the meeting be convened under the guidance of the DCM, “so that grievances of citizens are considered at the highest level”.
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