Bombay HC grants 21-month extension for commissioning of alternative biomedical waste plant at Ambernath to replace Govandi facility

While modifying its earlier order by extending the deadline, the court directed the firm to donate Rs 2 lakh to Victoria Memorial School within four weeks.

While the Patalganga MIDC (Maharashtra Industrial Development Corporation) area in Raigad district was initially decided as an alternative site for the Govandi facility, it was later decided to be commissioned in the Jambivali Industrial Area in Ambernath because of the “absence of any nearby habitation”.

SMS Envoclean Private Limited filed an interim application citing events that took place after the court’s September 11, 2023, order and steps taken by the firm. The application was filed in response to a PIL petition filed by the Govandi New Sangam Welfare Society, seeking the permanent closure of the biomedical waste treatment plant at Govandi, citing the serious threat posed by its toxic emissions.

Delay not attributable to private firm
Senior advocate Aspi Chinoy, appearing for the firm, submitted that the land allotted at Patalganga was cancelled by the MIDC and that while an alternative parcel of land was allotted at Jambivali, the possession letter for which was issued in December 2024, with a delay. He further submitted that basic infrastructure facilities, including road connectivity, electricity, and water supply, were not provided by the MIDC.

Chinoy said the firm had, however, diligently taken steps, including obtaining requisite approvals, to ensure the incinerator facility is commissioned within the time stipulated by the court and that the delay was not therefore attributable to the firm.

Advocate Zaman Ali, appearing for the PIL petitioner, claimed the delay in commissioning the incinerator facility was causing “grave inconvenience to a large number of residents in the vicinity” in Govandi and that the continued non-operation of the facility was a major source of pollution and public health concern. He also pressed for costs for the continuing pollution and damage caused to the environment.

The MIDC’s counsel said that the contractor for Jamivali Industrial area development had sought an extension of time till August 2026 to complete the work.

“In the aforesaid circumstances, we are of the view that the applicant has made out sufficient cause for grant of extension of time. 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,” the court held in its order.

The court, disposing of the application, extended the period for commissioning of the incinerator facility at Jambivali Industrial area to 21 months, including nine months for the MIDC to complete infrastructure work and 12 more months for the firm to establish and commission the facility.