Set up waste disposal plants or constructions will halt in Thane from 2020, says Bombay HC
About 800 metric tonnes of solid waste is generated every day within the Thane civic body jurisidictionmumbai Updated: Mar 17, 2018 13:45 IST
New constructions in the Thane Municipal Corporation (TMC) area will come to a halt in January 2020 if the civic body fails to set up plants to scientifically dispose of municipal solid waste generated within its limits.
The Bombay high court on Friday allowed TMC’s plea seeking an extension for the time required to implement the Municipal Solid Waste (Management and Handling) Rules (MSW rules), 2000.
A division bench of justice Abhay Oka and justice Riyaz Chagla granted the civic body time up to December 31, 2019 to set up the required waste treatment plants of appropriate capacity.
The permission, however, comes with a rider.
The bench has restrained Thane Municipal Corporation from granting development permissions for construction of residential or commercial constructions from January 1, 2020, if it fails to comply with the requirements of the MSW rules by then. However, the embargo will not apply to reconstruction of old buildings and construction of new buildings for educational institutions and hospitals.
The restraint is based on a public interest litigation (PIL) filed by Thane-based activist, Vikrant Tawade, complaining about the lack of implementation of MSW Rules by TMC.
The civic body had filed an application in the PIL seeking extension of time for compliance with MSW Rules.
According to the figures submitted by the civic body, about 800 metric tonnes (MT) of municipal solid waste is generated daily within TMC limits.
While this includes 425 MT of wet waste and 375 MT of dry waste, the facilities provided only allow for the treatment of 60 MT wet waste and 12 MT of dry waste.
The bench was annoyed to note that hardly 10% of the entire solid waste generated everyday within TMC limits was being disposed of scientifically.
“It can’t be that the local authorities will take their own time to implement MSW Rules and at the same time allow the quantum of municipal solid waste generated within the city to continue to increase on account of addition of new constructions,” said the bench while imposing the condition.
“If municipal solid waste is not scientifically treated, it directly affects the environment and thus, infringes on the right of individuals to live in a healthy environment, guaranteed under Article 21 of the Constitution of India,” it added.
It has sought a report from the civic body indicating progress of the work by July 6, 2018.
The court has also directed TMC to undertake a scientific study about the effect of new constructions on generation of solid waste and that of generation of municipal solid waste on the environment.