‘Can’t play with citizens’ lives,’ HC orders monitoring committee for Kanjurmarg dumping site, seeks stringent measures to mitigate foul odour
Pulling up the state and contractors over hazardous conditions at Mumbai’s Kanjurmarg landfill, the Bombay High Court ordered immediate short-term measures and the constitution of a monitoring committee to act within a week.
Observing that authorities and contractors cannot play with the lives of citizens, the Bombay High Court directed the state government to implement within a week, immediate and stringent short-term measures to redress issues concerning disposal of municipal solid waste at the Kanjurmarg dumping site.
The court directed that a monitoring committee be formed for Kanjurmarg dumping site and take appropriate measures within a week after visiting it.
A division bench of Justices Girish S Kulkarni and Aarti A Sathe was hearing a PIL filed by NGO Vanashakti and other pleas challenging environmental clearances for use of the Kanjurmarg site as a dumping ground and raising concerns over handling of municipal waste.
Additional Government Pleader (AGP) Jyoti Chavan for the state government submitted an affidavit by Vidya Ramappa Hampayya, joint secretary, Urban Development Department, enumerating short-term measures to mitigate foul odour emanating from the dumping ground, as suggested by high-level committee headed by chief secretary that visited and inspected Kanjurmarg dumping site.
The short-term measures include improving soil covering on inactive landfill cells, enhancing bio-enzyme spray frequency and coverage, deployment of additional misting cannon with fine droplet size and strengthening complaint redressal mechanism with mobile odour monitoring units.
“You’re playing with lives of people like this. These 4-5 things are nothing but lip-service by contractor…We want immediate mitigating measures. Today, our entire endeavour is to ensure everyone breathes fresh air,” Justice Kulkarni remarked.
The court then directed that a committee similar to Deonar dumping monitoring committee along with experts from IIT-B and others be appointed to visit the site.
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“In this view of the matter, we order immediate short-term measures, as also any other measures which the committee has suggested, be implemented without any further delay as also the monitoring committee be constituted at the earliest. The monitoring committee is directed to visit the site and direct implementation of the appropriate measures, which be undertaken within one week from today in view of the emergent situation,” the HC order said.
The bench emphasised that an immediate scientific approach needs to be adopted by the committee for short-term measures since the petitioners’ complaints were that their sufferings for years have never come to an end.
The court said it agreed with the petitioners that when dumping site facilities are created, “the first and foremost consideration for the municipal corporation and the state government would be of strict adherence to the ecological norms and/or environmental laws.”
The court went on to note, “Such activities in no manner can be permitted to create nuisance, making miserable the peaceful life of the citizens by causing hazardous pollution affecting the health of all categories of persons from children to senior citizens. This is echoed in several orders passed by this court and in such situation, the monitoring committee needs to take stringent steps including holding the contractor liable in the event of even small lapses on the polluter pays principle.”
“We are yet to come across a situation that the contractor who runs the sites and in the event of such breaches of such magnitude, as rightly contended on behalf of the petitioners, why no action applying the polluter pays principle has not been initiated. Such issue would also be a matter, which would require consideration of the authorities as also the suggestions, which would now be required to be made by the monitoring committee, apart from weeding out the nuisance which is being caused, ” the HC noted in its order.
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Advocate Saket Mone for Maharashtra Pollution Control Board (MPCB) told the bench that grievance redressal mechanism through mobile numbers and email IDs for citizens’ complaints is put in place and details will be notified on appropriate site of municipal corporation. The HC posted further hearing to January 6.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
