Mumbai, Dec 11: Noting that the BMC has “drastically failed to contain pollution” emanating from the Kanjurmarg dumping ground, the Bombay High Court on Thursday directed a state-constituted committee, headed by the chief secretary, to visit the site and prepare a blueprint of immediate, short-term measures to curb the worsening air quality in the area. Posting the matter to December 22, the court asked the state to abide by the directive by then.
Right to Life Cannot Be Compromised, Says Bench
Reiterating that the right to live under the constitution's Article 21 cannot be compromised “because of pollution in a city like Mumbai,” the bench directed the newly formed committee to visit the dumping ground, take stock of the situation firsthand and suggest short-term remedial measures without waiting for further court orders. “Looking at papers will not work. They will themselves have to go and see,” the judges remarked.
Court Criticises State for Delay in Acting on July Order
The bench of Justices Girish Kulkarni and Aarti Sathe expressed strong displeasure that despite a detailed order passed in July, directing the state to shift the dumping ground outside city limits, the government had taken several months merely to constitute the committee.
“This is the snail’s pace you work with. The order was passed on July 8 and after several months you take out a GR (constituting committee). You must come up with a robust plan,” the bench said.
Petitions Challenge Environmental Clearance for Kanjurmarg Site
The HC was hearing a batch of petitions, including a PIL filed by NGO Vanashakti and a residents’ association, challenging the environmental clearance granted for using the Kanjurmarg site for dumping activities.
Vanashakti’s advocate Zaman Ali highlighted the severe respiratory illnesses among residents and alleged that pollution is affecting areas “not just in Kanjurmarg but up to Bhandup and Vikhroli”.
Committee Formally Constituted; Will Report to Deputy CM
Government pleader Jyoti Chavan submitted that the committee – comprising the chief secretary, BMC commissioner, additional chief secretary (urban development) and officers from the Mumbai Metropolitan Region – had now been formally constituted. As per the earlier HC directions, the committee will report directly to Deputy Chief Minister Eknath Shinde.
“We have understood the seriousness of the situation,” Chavan assured, while submitting a GR stating that they will prepare a blueprint in three months for tackling the problem.
HC Warns Committee Against Delays; Seeks Immediate Action
The bench emphasised that the committee consists of “very responsible officers” and expressed confidence that concrete steps would now be taken. The court, however, cautioned that the government should not take three months merely to prepare a blueprint.
“You are saying you will take three months. But people are facing problems, including breathing issues. You must take immediate steps,” the bench observed, stressing that even though the Supreme Court has stayed the earlier direction to shift the site, “we are concerned with the day-to-day operation of the dumping ground”.
Citizens’ Complaints Ignored; Contractor Claims Scientific Operation
The court noted that citizens have been lodging complaints daily, but there has been “no further action” even from the state and central pollution control board despite multiple representations.
Advocate Saket Mone, appearing for the contractor operating the Kanjurmarg site, claimed the facility is managed scientifically and “is not a dumping ground at all”.
The court directed him to file an affidavit stating that he has personally visited the site and that the same is not being used as a dumping ground.
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Court Suggests Exploring Modern Waste-Processing and Revenue Models
Observing that ultra-modern waste-processing facilities can also be “huge sources of revenue” through recycling and gas extraction, the bench urged the state to “contract it in a scientific way” and consider creating a buffer zone.
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