The Bombay high court (HC) on Thursday vacated its stay on the expansion of the Kanjurmarg dumping ground. Environment group Vanashakti, which had petitioned against the Brihanmumbai Municipal Corporation’s (BMC) expansion plans, said it would challenge the order in the Supreme Court (SC).
The court was hearing a petition by Vanashakti from July 2019 against BMC, the Union environment ministry and other state agencies. The petition alleged BMC’s plans to expand Kanjurmarg dumping ground were in violation of coastal regulation zone (CRZ) norms of 2011 and would cause irreparable damage to the ecology of the site that fell in the eco-sensitive zone (ESZ) of the Thane creek flamingo sanctuary.
A division bench of justices SC Dharmadhikari and RI Chagala lifted the stay granted on September 19 and cleared the way for BMC to carry out the dumping of waste on an additional 52.5 hectare (ha) adjacent to Kanjurmarg dumping ground, using scientific waste disposal.
In its 14-page order, the bench stressed that there was a lack of space for dumping and treating solid waste in the city. The city’s second-largest dumping ground at Mulund was shut down in 2018 and earlier this year, the court had directed BMC to stop dumping waste at Deonar dumping ground by December 31, 2019.
“Any reduction in the capacity of the Kanjurmarg site would have an adverse effect on the entire municipal solid waste (MSW) disposal scenario of Mumbai and in turn will cause serious health hazards for the citizens living in Mumbai,” the bench noted in its order. It also noted that the MSW facility was not in violation of CRZ notification and the expansion would be permissible even if the site fell within the ESZ of the Thane creek flamingo sanctuary. “The notification expressly permits under clause 3 (v) that such a facility be set up in the CRZ -III area for treatment of waste,” the order read.
{{/usCountry}}“Any reduction in the capacity of the Kanjurmarg site would have an adverse effect on the entire municipal solid waste (MSW) disposal scenario of Mumbai and in turn will cause serious health hazards for the citizens living in Mumbai,” the bench noted in its order. It also noted that the MSW facility was not in violation of CRZ notification and the expansion would be permissible even if the site fell within the ESZ of the Thane creek flamingo sanctuary. “The notification expressly permits under clause 3 (v) that such a facility be set up in the CRZ -III area for treatment of waste,” the order read.
{{/usCountry}}According to BMC, Mumbai generates 7,000 metric tons (MT) of waste per day, of which 5,500 MT is being sent to Kanjurmarg while 1,500 MT has been going to Deonar. “The order comes as a relief for us as we will now be able to divert 6,000MT to Kanjurmarg, and reduce the burden on Deonar before it is finally closed,” said senior BMC official.
Stalin D, director, Vanashakti, said the order was “in complete violation of CRZ notification” and that they would move SC. “Unfortunately the HC has not understood the ecological impact of waste mismanagement on the sanctuary,” he said.
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