Bombay HC orders high-level panel to assess impact of dumping grounds in populated areas

The HC said as the issue was of “seminal importance and touching the basic human rights of the citizens, the state CS along with the Principal Secretary of the Urban Development Department (UDD) shall consider the same on urgent basis” under the guidance and supervision of Deputy CM Shinde who is also UDD minister.

The court further said that the BMC Commissioner and chiefs of adjoining municipal corporations and representatives of state ministry of environment and climate change shall join the deliberations on the issues.

The court sought by next hearing the “blueprint” of the steps such a panel would intend to take “to resolve the woes of a large segment of the society adversely affected by the dumping activities”.

A bench of Justices Girish S Kulkarni and Arif S Doctor was hearing a PIL by NGO Vanashakti raising issues related to disposal of municipal solid waste. The PIL also challenged environmental clearances granted by authorities for use of Kanjurmarg site as dumping ground.

On June 30, the high court had asked the authorities to consider an appropriate mechanism as a permanent facility without affecting the rights of citizens of a pollution-free environment.

On Tuesday, Additional Government Pleader (AGP) Jyoti Chavan submitted that discussions were on the issue with concerned officials.

“You (state) should be having proper study of how it happens in other countries. There is something amiss as far as we are concerned. Why are the citizens required to at all approach the court on issues of dumping ground in an ever-growing city? Authorities are interested in constructing tall buildings… these days there is water scarcity from November itself… there is a load on infrastructure, there are parking issues… You are going to have more sky-scrappers and no open spaces, then this is going to happen,” the bench orally remarked.

The HC questioned why there was no timely thought by the authorities on such issues and raised concerns over “ad-hocism” and said that the Kanjurmarg dumping ground surrounded by human habitation will soon reach “saturation” point.

“You need to have an urgent meeting… identify large government land outside and set a good example of how these (dumping) activities can be worked out. Do it for generations to come. Government, municipal lands are all gone as we require housing. See what is happening in developed countries such as Singapore, Hong Kong… They have similar urban issues like us. We are not saying such countries are ideal, but we can be ideal.We cannot keep these issues hanging for ages,” the bench said.

When AGP Chavan submitted that the officials concerned were engaged due to the ongoing monsoon session of state Assembly, Justice Kulkarni remarked, “Why not discuss this on the floor of Assembly? Are these not issues which are touching the lives of lakhs of people?… It is beyond imagination that you can grant building permissions just a stone’s throw away from the dumping ground…”

The HC further said that it was open for the panel to invite participation of stakeholders at appropriate time and posted further hearing to July 22.