Lawstreet Journal

Bombay HC Vacates Stay On Expansion Of Kanjurmarg Dumping Ground, Allows Dumping Waste On Additional 52.5 Hectares

Lawstreet Journal 15 Feb 2020 2:32pm

Image courtesy: Lawstreet Journal Judiciary Bombay HC Vacates Stay On Expansion Of Kanjurmarg Dumping Ground, Allows Dumping Waste On Additional 52.5 Hectares

The Bombay High Court (HC) on Thursday, 5th December 2019, vacated its stay on the expansion of the Kanjurmarg dumping ground. Vanashakti, which had petitioned against the BMC expansion plans, said it would challenge the order in the Supreme Court (SC).

A division bench of the Supreme Court comprising Justices SC Dharmadhikari and RI Chagala set aside the stay granted on September 19, 2019 and cleared the way for BMC to carry out the dumping of waste on an additional 52.5 hectare (ha) of land situated adjacent to Kanjurmarg dumping ground, using scientific waste disposal.

In its 14-page order, the bench emphasized 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.

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Tagged: Bombay High Court  
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