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Bombay HC issues notice to MMRDA, MPCB on plea seeking shifting of RMC plant for Borivali-Thane twin tunnel project

Several Thane residents have filed a PIL saying the ready-mix cement plant was adjacent to a residential township and would cause air pollution and health issues for locals once operational.

Hearing a PIL seeking the shifting of a ready-mix cement (RMC) plant for the Borivali-Thane underground twin tunnel beneath the Sanjay Gandhi National Park (SGNP), the Bombay High Court on Tuesday issued notices and sought affidavits from the Maharashtra Pollution Control Board (MPCB), the Mumbai Metropolitan Region Development Authority (MMRDA) and the Thane Municipal Corporation (TMC).

The plea filed by Thane residents said that construction work was taking place within the land that fell under the eco-sensitive zone (ESZ) of the SGNP and was designated for a residential purpose, a municipal primary school or recreation as per the Thane development plan (DP). No mandatory permissions from the ESZ monitoring committee were obtained for the plant, the PIL said.

The plea also claimed the RMC plant is adjacent to a residential township, and once operational, it would cause severe air and noise pollution, posing risks to residents and the wildlife in the area. It further said the plant would impact over 8,000 lives in the township and a school situated inside it. The plea added that as per regulations, a buffer of 500 m is required between such plants and schools, hospitals, colleges, courts etc.

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Advocate Ronita Bhattacharya-Bector submitted that the petitioners, including environmental activist Rohit Manohar Joshi, learnt in March that M/s Megha Engineering and Infrastructure Ltd had commenced work for the RMC plant and ancillary units such as a casting yard and a labour camp.

She added that the MPCB declared that the RMC’s industry category was reclassified from ‘green’ to ‘orange’ and consent granted for it would be revised accordingly. However, the MPCB has not yet granted revised consent to establish the plant under the said new classification, the plea claimed.

The plea further claimed that in October this year, one of the petitioners received an RTI reply from the assistant conservator of forests, Thane, which consisted of a Thane Municipal Corporation (TMC) letter to Megha Engineering’s architect that confirmed that some portions of RMC plant fell within the SGNP’s ESZ area.

Bhattacharya-Bector argued that the RMC plant should not be located near a residential area and should be shifted from its present location to a suitable alternate land that is not in proximity of Haware Citi township in Thane’s Kasarvadavali area, where some of the petitioners reside, and not within the SGNP’s ESZ area.

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The plea said that such construction was contrary to zoning or demarcating in sanctioned DP and was impermissible. The plea sought direction from the court to quash and set aside the consent granted to Megha Engineering and to restrain MPCB from issuing any further nods.

The court directed the respondent authorities to file their affidavits in reply within three weeks and posted further hearing to January 22.

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