HC rejects plea to shift Hadapsar waste facility, directs strict compliance by PMC, PCB

The court also directed the MPCB to enforce strict compliance. If PMC, PCB, or their contractors fail to meet the conditions, the MPCB must initiate appropriate legal action

The Bombay High Court has dismissed a petition seeking the relocation of the waste processing facility operating at the Hadapsar industrial estate in Pune.

The order came in response to two petitions challenging the continued use of the Hadapsar site by PMC and PCB. (REPRESENTATIVE PHOTO)

In its order dated August 5, the court directed the Pune Municipal Corporation (PMC) and the Pune Cantonment Board (PCB) to ensure that no mixed solid waste is dumped on any part of the 28-acre site, and that all operations strictly comply with environmental regulations.

The HC bench Chief Justice Alok Aradhe and Judge Sandeep V Marne stated that while the existing facility can continue operations, PMC and PCB must ensure strict adherence to the Solid Waste Management Rules, 2016, and the conditions laid down in the environmental authorisation.

“PCB and PMC shall ensure that the municipal solid waste transported to the site is processed and disposed of either by composting of wet waste, recycling and reuse of dry waste, and transportation of non-biodegradable and unusable waste to a sanitary landfill. PCB and PMC shall take all necessary measures to suppress and control foul odour, toxic gases, dust, etc., emanating from the waste processing facility and adopt modern techniques to ensure the health of nearby residents is not adversely affected,” the order stated.

The court also directed the Maharashtra Pollution Control Board (MPCB) to enforce strict compliance. If PMC, PCB, or their contractors fail to meet the conditions, the MPCB must initiate appropriate legal action.

Further, the court clarified that PMC and PCB may approach the state government for identification and allocation of additional land for setting up or expanding waste management infrastructure. However, it is for the state government to decide in accordance with the law.

The order came in response to two petitions challenging the continued use of the Hadapsar site by PMC and PCB. The petitioners alleged that mixed solid waste was being dumped at the site, leading to toxic emissions, foul odour, and air pollution affecting the health of residents living nearby.

The first petition—a Public Interest Litigation (PIL)—was filed by the Hadapsar Industries Association and St Patrick’s Town Co-operative Society Ltd. The petitioners sought a complete discontinuation of waste processing at the site and its relocation outside city limits, citing violations of the Solid Waste Management Rules, 2016, and a government resolution dated September 11, 2018. They also claimed the land, bearing Survey No. 120-298 and measuring about 28 acres, was not suitable for garbage processing.

The PIL noted that while PCB had used the land for over 100 years, it was doing so merely as a “lessee holding over” and did not own the property. The petitioners referred to a suit filed by 61 claimants asserting ownership and seeking PCB’s eviction. Although the suit was dismissed in 2009, an appeal is pending.

The second petition, a writ petition, was filed by five senior citizens from the Sopan Baug area, who alleged exposure to foul-smelling and toxic air for nearly six hours daily due to operations at the site. They, too, demanded that the waste facility be moved outside city limits.

Respondents included the PCB, PMC, MPCB, the Pune District Collector, and the State of Maharashtra.