BMC-appointed agency urges HC to set aside NGT order

The NGT, in its orders dated January 15, February 6 and February12, restricted the agency from carrying out any reclamation and landfilling at the site till the State Level Expert Appraisal Committee approved a proposal sent by the BMC for change in technology for waste management. The agency was also ordered to demolish the wall constructed around the landfill that reportedly blocked tidal water from reaching mangroves in the landfill.

According to the petitioner’s lawyer, Saket Mone, the court had, on January 8, allowed the agency to carry out landfilling activities in the 65 hectare non-CRZ area of the landfill, in keeping with a November 4, 2013, order of the Ministry of Environment and Forests (MoEF). “NGO Vanashakti approached the NGT, appealing against the MoEF order on January 15, following which the NGT passed an ex-parte order restraining any activity. We are being prosecuted for the same matter in both courts,” said Mone.

Urging the high court to set aside the NGT’s order, the petition states that the NGT had clearly acted without jurisdiction and had sought to exercise supervisory jurisdiction over the orders passed by the court in the same matter and had virtually modified and/or clarified high court orders in the PILs.

In the interim period, the petitioner has asked the court to allow the agency to continue permissible activities within the landfill.

Meanwhile, the BMC has also approached the high court seeking a stay on the NGT’s orders. The petitions will be heard jointly on March 24.

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