Envoclean seeks 13-month extension to shift new waste facility from Govandi to Jambhivali

The Bombay High Court has asked SMS Envoclean to file an affidavit for a 13-month extension to establish a new incinerator by October 2024.

MUMBAI: The Bombay High Court on Thursday directed M/s. SMS Envoclean Private Limited, a Common Bio-Medical Waste Treatment Facility (CBWTF) operator, to submit a formal affidavit seeking a 13-month extension to commission a new incinerator facility at Jambhivali, Ambernath, and adjourned the case for hearing on October 16.

Bombay High Court at Fort, in Mumbai. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT PHOTO)

The case relates to a public interest litigation filed in 2022 by the Govandi New Sangam Welfare Society seeking the closure of the bio-medical waste treatment facility at Govani Plant. The incinerator used in the treatment caused pollution in the nearby residential areas, it claimed. The society sought the court’s intervention to direct the Municipal Corporation of Greater Mumbai (MCGM) and other responsible authorities to arrange appropriate alternative biomedical waste treatment.

Pursuant to this, the high court on August 11, 2023, directed Envoclean to establish a new incinerator facility within two years (by September 11, 2025) at an alternate location to reduce pollution in Govandi’s residential areas. However, Envoclean claimed on Thursday that it could not finish the new establishment by the prescribed time due to delays in approvals by government officials. Following this, in view of a potential contempt, the company moved the Bombay High Court seeking an extension of time to set up the new facility at Jambhivali, Ambernath.

Following the court’s 2023 order, the company said it had made ample efforts to identify alternative locations. The allotment at a plot in Patalganga was cancelled at the behest of Maharashtra Industrial Development Corporation (MIDC) during this time, it said. Finally, the company submitted an application to the MIDC for allotting land at Jambhivali. After more than 3 months, MIDC finally issued the allotment order on October 3, 2024, in favour of the company. “...a period of almost 13 months, i.e., from September 2023 to October 2024, was rendered futile as the Applicant had to restart the entire exercise all over again on account of the allotment of an alternate piece of land,” Envoclean said in its petition.

In lieu of the allotment of Jambhivali land, Envoclean had to commence its activities right from scratch, including preparing an application for Consent to Establish (CTE) and Terms of Reference (ToR) for the new location, making valuable considerations for the same, etc. It claimed that government officials delayed issuing a CTE, and the Environmental Clearance (EC) remains pending to this day.

Further, Envoclean informed the court that its existing facility at Deonar continues to operate in strict adherence to the Bio-Medical Waste Management Rules, 2016, and all applicable MPCB and CPCB norms.

“The Applicant has made repeated attempts by approaching the concerned authorities for speedy approvals and clearances, which have not been acted upon,” the petition said. Consequently, it urged the court to grant an extension, which is critical to set up a bio-medical waste management system in the city.

During the hearing on Thursday, the division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad held that the delay might not sit right with the needs of the city. Stressing that the court may not agree to a time extension, it said, “Even if correspondence agrees, the court might not agree to it unless you show compliance,” and directed the company to file the formal affidavit.