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NGO can seek interim relief from HC

mumbai Updated: Feb 28, 2013 01:08 IST
Nikhil M Ghanekar

The Supreme Court (SC) allowed the petitioner in the on-going Kanjurmarg dumping ground case to seek interim relief from the Bombay high court (HC) against an order that lifted the stay on garbage dumping at the landfill site.

The petitioner, non-government organisation Vanashakti, had filed a special leave petition (SLP) in the SC, appealing against a November 22 order of the HC that vacated the stay on dumping at the landfill site. During that hearing, the HC had stated that ad interim relief granted on November 6 cannot stand as the SC in a 2003 order, had permitted the civic body to use the site as a dumping ground.

Vanashakti’s SLP also pointed out the developments related to non-compliances at the landfill site after the HC vacated the stay.

In its order passed last Friday, the three-member Supreme Court bench of justice RM Lodha, justice J Chelameswar and justice Madan B Lokur dismissed the SLP and stated, “Special Leave Petition is dismissed. However, this will not preclude the petitioners from making a fresh application for interim relief before the

high court in changed circumstances.”

The bench heard Vanashakti’s arguments on the non-compliances of municipal solid waste rules (MSW), 2000, at the Kanjurmarg landfill site. The counsel for Vanashakti stated that after the HC lifted the stay on dumping, the state pollution control board had sent a prosecution notice to the civic body for polluting creek water and for non-compliances of MSW rules.

“Since the HC had vacated the previous stay on the basis of SC’s 2003 order, we wanted to clarify the matter by way of an SLP. The bench observed that since the circumstances have changed after the stay was vacated, Vanashakti is well within its rights to seek a fresh ad interim relief from the HC. We are soon going to file an affidavit based on SC’s order,” said Gayatri Singh, counsel for Vanashakti.