Mumbai, Dec 24: The Bombay High Court on Wednesday said the authorities were “playing with lakhs of lives” and criticised what it described as “lip service” by the contractor, while directing immediate implementation of scientific, short-term measures to curb the severe odour pollution from the Kanjurmarg dumping ground.
Right to clean air flows from Article 21, court observes
A bench of Justices Girish Kulkarni and Aarti Sathe said that when facilities such as dumping sites are created, strict adherence to ecological norms and environmental laws is the foremost obligation of the State and civic authorities.
“Such activities cannot be permitted to create nuisance, making miserable the peaceful life of citizens by causing hazardous pollution,” the court observed, reiterating that the right to breathe clean air flows from the right to life under Article 21 of the Constitution.
Immediate implementation of short-term measures ordered
The court directed that all short-term measures suggested by a state-appointed committee be implemented without delay and that an expert monitoring committee be constituted at the earliest.
The judges also asked the expert monitoring committee overseeing the Deonar dumping ground to visit Kanjurmarg on Thursday and submit a report within a week, stressing the need for “immediate action”.
Polluter pays principle to be strictly enforced
The court also observed that the monitoring committee must take stringent steps, including holding the contractor liable under the “polluter pays” principle for even small lapses.
“We are yet to come across a situation where 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 been initiated,” the bench added.
State outlines measures to control odour pollution
The observations came after the Maharashtra government informed the court through an affidavit that it would immediately implement measures to reduce the stench.
The affidavit said a state-appointed committee, reporting directly to Deputy Chief Minister Eknath Shinde, had suggested spraying bio-enzymes at the site and on garbage trucks, improved soil covering of inactive landfill cells, deployment of additional misting cannons with finer droplets, strengthening of the complaint redressal mechanism through mobile odour monitoring units, and increasing deodorant concentration during winter evenings.
Experimental waste covering system proposed
The state also told the court that it was exploring an experimental “Tarpomatic” covering system for municipal solid waste, to be procured from the United States, which would take 60 to 90 days to implement. Additional Government Pleader Jyoti Chavan said officials had visited the site on December 21, following which the short-term measures were drafted.
Court questions government’s approach, seeks expert involvement
However, the bench questioned the government’s approach, asking whether merely visiting the site made officials experts, and suggested the involvement of institutions such as IIT Bombay. While Chavan assured the court that experts from IIT Bombay and NEERI had been consulted, the judges underscored that the issue could not be treated casually.
NGO and contractor present submissions
Senior advocate Zaman Ali, appearing for NGO Vanashakti, said bio-enzyme spraying was scientifically correct but needed to be carried out in much larger quantities and on garbage trucks as well.
Advocate Saket Mone, appearing for the contractor operating the facility, said two email IDs and a 24×7 helpline were already operational for complaints, with additional mobile numbers to be activated.
Deonar precedent cited, similar committee proposed
The state’s affidavit noted that a similar odour issue at the Deonar dumping ground had improved after the constitution of an expert monitoring committee comprising senior officials and experts from IIT Bombay and NEERI, which submits quarterly reports to the High Court. It proposed a similar committee for Kanjurmarg.
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PILs challenge environmental clearance
The matter arises from a batch of petitions, including a PIL by Vanashakti and Kannamwar Co-op. Hsg. Soc. Association Ltd, through advocate Abhijit Rane, challenging the environmental clearance for dumping activities at Kanjurmarg due to persistent stench and health problems. The case will be heard next on January 6.
Email IDs and 24×7 helpline number for grievances/complaints relating to Kanjurmarg dumping ground
info.kanjur@antonywaste.in
ehs.kanjur@antonywaste.in
24-hour helpline number – 8080032282
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