By Accommodation Times Bureau
A division bench of Bombay High Court consisting Justices AS Oka and Riyaz Chagla said on August 3, 2018, that it was the obligation of state government to ensure that the Brihanmumbai Municipal Corporation (BMC) is able to effectively implement the Municipal Solid Waste(MSW) Management Rules.
The court directed the state government to allow a land for a dumping ground. “We direct the state to identify a vacant land which is free of any legal disputes, within a period of two months and allot the same to the civic body.”, said court.
A PIL was filed in court regarding this case by Pandurang Patil in 2009. The public interest litigation sought strict implementation of the current rules. Mulund and Deonar dumping grounds in Mumbai were closed by BMC as per orders were given by the high court in February 2016, after observing that those dumping grounds had reached their saturation points. The BMC has complained that the Maharashtra Government has not allotted them an alternative land against these two dumping grounds.
A BMC official on the condition of anonymity said, “the court had directed us to find a piece of land to house the new garbage depot and allowed us to use the two existing dumping grounds till June 2017, however, we have been from time to time taking extension for the time granted for the new site.”
The BMC currently has time till October 2018, to use the Deonar dumping ground. The bench also observed that around 7000 to 9000 metric tonnes of solid waste is illegally dumped every day, at Deonar dumping ground out which scientifically treated waste at the BMC- operated the solid waste plant at the site amounts to 3000 MT only.
BMC informed the court that earlier Maha Government allotted a piece of land at Deonar for the new depot but later it was entangled in a legal dispute. “This situation is dangerous and hazardous to the citizens, who have the constitutional freedom for a pollution free environment.
The state is under obligation to provide the land,” Justice Oka observed.