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Mohan K Korrapath and Nikhil Ghanekar, Hindustan Times
Mumbai, November 23, 2012
The Bombay high court on Thursday vacated the stay on the dumping of municipal solid waste at a landfill site in Kanjurmarg. The court was hearing public interest litigation (PIL) filed by Vanashakti, an NGO that had demanded the closure of the dumping ground alleging that that dumping of debris is damaging the coastal eco-system. It also argued that the dumping is a violation of the Coastal Regulation Zone notification of 2011 and the Municipal Solid Waste rules, 2000.

An affidavit filed by Shekar Chitale, chief engineer, solid waste management, stated that as per the environmental clearance requirements, the municipal corporation has kept the composting plant facility outside the Coastal Regulation Zone (CRZ) area. Chitale also denied that mangroves had been destroyed.

A division bench of justice DD Sinha and justice KK Tated, lifted the stay in view of a 2003 Supreme Court order, by which the state was allotted the land for the express purpose of dumping garbage.

The petitioner’s counsel Gayatri Singh said,“The SC order also states that operations at the site are subject to compliance of conditions laid down in the environment clearance.” Singh raised the issue of non-compliance that were also allegedly observed by the state pollution control board.

In view of this, the court asked the petitioners and the BMC to file a detailed affidavit by December 10.