‘Right to breathe fresh air part of Article 21 of constitution,’ HC seeks short-term measures over Kanjurmarg dumping site

On Monday, Additional Government Pleader Jyoti Chavan informed the court that a panel -constituted as per the HC’s December 11 order – had inspected the site on Sunday, December 21.

“We are concerned with such serious issue and more importantly the adverse impact of such hazardous pollution as generated from the dumping site violating the rights of the citizens to breathe fresh air,” noted HC.

The judges directed that an affidavit be filed on behalf of the panel, detailing immediate short-term measures to address the issue “affecting thousands of citizens, so that as odour does not create pollution and harm being caused to human health is redressed.”

The petitioner submitted that residents in surrounding areas were suffering respiratory and skin ailments and required expeditious redressal. The HC said the contractor was also ‘accountable to public at large’ and “no dumping ground can be permitted to operate in a manner which would breach such basic human rights of the citizens.”

The court also said the contractor must provide an effective, round-the-clock (response within one hour) grievance redressal mechanism -through mobile numbers and email ids – for citizens’ complaints and it shall be notified by BMC.

Chavan told the court that nearly 6,500 metric tonnes of waste is received at the site every day from across the city and accumulates to nearly 2.1 lakh metric tonnes in a month, and that contractors use bio-enzymes to regulate odour.The HC emphasised that “wet and dry waste need to be segregated” across the city

“We want healthy population. There should be respite for citizens. It is most unfortunate that these things should have been already attended. Now the odour is going all the way to suburbs including Mulund and Ghatkopar,” the bench orally said.

When Chavan submitted that a private consulting firm had been appointed to propose mitigation measures, the court responded orally: “Such reports may look very good on paper but we need implementation on ground. Pollution ought not to interfere atmosphere. Breathing fresh air is need of hour in this area and it has become difficult because of pollution. Look at scenario in Delhi. Breathing fresh air is a part of right under Article 21 and it cannot be compromised.” Chavan said the panel would also seek assistance from an expert from IIT-Bombay.

Justice Kulkarni added: “This is a situation of emergency. We are in winters. Pollution does not go away and it remains and it will spread more. We might be having municipal commissioner who’s not attending to this as an emergency situation.”

The HC also questioned the long-term contract – from 2011 to 2036 – to process waste at the site, and “uncertainty on measures taken to scientifically, efficiently and effectively remedy the problems” raised by petitioners over over several years.

“Do you know what are the effects of long-term contract? Because estimate of dumping will be recurring and there will be monumental increase. Technology also changes. With increase in population, there will be increase in dump too. There has to be scientific study… The contractor is simply running his business at the cost of breathing problems etc. Do not make it a commercial venture. Otherwise will have to issue directions,” the court said. posting the matter to December 24.