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‘Only those who suffer know the plight': HC slams unchecked Kanjurmarg dumping ground
‘Only those who suffer know the plight': HC slams unchecked Kanjurmarg dumping ground

Hindustan Times

time03-07-2025

  • General
  • Hindustan Times

‘Only those who suffer know the plight': HC slams unchecked Kanjurmarg dumping ground

MUMBAI: The Bombay High Court on Monday came down heavily on civic and state authorities for failing to rein in the unchecked operations of the Kanjurmarg dumping ground, warning that the site has now turned into a serious environmental and public health hazard. Mumbai - June 03, 2012 - The newly opened Kanjurmarg dumping ground where 4000 tonnes of waste is dumped everyday at kanjurmarg on sunday, India, June 03, 2012. (Photo by Praful Gangurde) (Hindustan Times) 'Only those who suffer such pollution know their plight,' remarked the division bench of Justices G S Kulkarni and Arif Doctor, as they heard a Public Interest Litigation (PIL) filed by environmental group Vanashakti and others. The PIL challenges the continued dumping of municipal solid waste at the Kanjurmarg site, which is located in the heart of a densely populated area. Mumbai generates around 7,300 metric tonnes of waste every day, much of which ends up at two massive dumping grounds — Kanjurmarg and Deonar. The court observed with concern that both these sites are embedded within the city's fabric, surrounded by homes, schools, and offices. The bench urged the state government, the Brihanmumbai Municipal Corporation (BMC), and adjoining civic bodies in the Mumbai Metropolitan Region (MMR) to seriously rethink the consequences of allowing such dumping grounds to operate in urban areas. 'A scientific approach is urgently required,' the court said, 'with robust, permanent waste management facilities developed outside zones of human habitation, and equipped with modern, environmentally compliant infrastructure.' Suggesting a more coordinated regional approach, the court proposed that large urban municipalities across the MMR could be clubbed together to identify alternative waste disposal sites — ones that do not compromise the well-being of city residents. 'There cannot be an ad hoc approach to this crisis, especially when lakhs of citizens are directly affected by the pollution and stench that emanates daily from these dumping grounds,' the bench noted. 'These sites have become an unfortunate, but integral part of the city. That must change.' The court also pointed to a broader environmental risk — warning that pollution from the dumping grounds doesn't remain confined to the local area. Air currents carry foul odours and toxic emissions across the city, it observed, contributing to Mumbai's worsening air quality. 'The haze in the city of Mumbai is created by pollution. A significant part of it stems from smoke and odour generated by these dumping grounds. This contribution cannot be overlooked,' it said. The justices did not mince words when speaking about the failure of municipal authorities. They said the administration had failed to safeguard citizens' fundamental right to a clean and healthy environment, and that people living near the Kanjurmarg site have endured prolonged and intolerable suffering due to the odour and pollution. The court has scheduled the next hearing in the matter for July 8, expressing hope that senior officials in the state and municipal bodies will treat the issue with the seriousness it deserves. 'With their wisdom and resources, we trust that authorities will act in the larger public interest,' the bench concluded. 'This city deserves a permanent and scientifically sound solution that protects the rights and health of its people.'

National Gree Tribunal orders closure of polluting casting yards and ready-mix cement plants inside Sanjay Gandhi National Park's eco sensitive zone at Ghodbunder Road in Thane
National Gree Tribunal orders closure of polluting casting yards and ready-mix cement plants inside Sanjay Gandhi National Park's eco sensitive zone at Ghodbunder Road in Thane

Time of India

time22-06-2025

  • Business
  • Time of India

National Gree Tribunal orders closure of polluting casting yards and ready-mix cement plants inside Sanjay Gandhi National Park's eco sensitive zone at Ghodbunder Road in Thane

Navi Mumbai: The 's (NGT) western zone bench has ordered the closure of two casting yards and ready-mix cement (RMC) plants operating within the eco-sensitive zone of Sanjay Gandhi National Park (SGNP) at Thane's Ghodbunder Road. Tired of too many ads? go ad free now NGO Vanashakti had filed the petition in NGT on the ground that this eco-sensitive zone (ESZ) was being destroyed due to the casting yards and RMC plants of J Kumar firm, which supplies reinforced concrete, girders and other heavy-duty infra works for projects, such as the tunnelling of Metros. A representative of SGNP, which is one of the respondents, was present in the tribunal when the order was given. Environmentalist D Stalin of Vanashakti said: "We welcome the NGT is sad how various state departments and agencies did nothing while the forest was being damaged by J Kumar's RMC plants and casting yards." When asked if the order will be a setback for any Metro projects, Stalin said: "There will not be any slowdown in infra projects because the firm can easily access land at Mogarpada in Thane. Also, the ESZ notification came in 2016, so all govt departments were aware that such a polluting industry cannot operate inside a green zone." "At the Ghodbunder site of the casting yard, a board has been installed that this is adivasi land taken on rent. Can a tribal land be actually leased for a polluting industry inside an ESZ?" asked Stalin. "Every department which is a part of the ESZ monitoring committee failed to take steps to stop the degradation of the forests and to stop the pollution. We were forced to file a petition after repeated requests failed."

Bombay HC halts landfilling at Nerul's Lotus Lake, orders legal action against CIDCO for environmental violations
Bombay HC halts landfilling at Nerul's Lotus Lake, orders legal action against CIDCO for environmental violations

Time of India

time06-06-2025

  • Politics
  • Time of India

Bombay HC halts landfilling at Nerul's Lotus Lake, orders legal action against CIDCO for environmental violations

Bombay HC halts landfilling at Nerul's Lotus Lake, orders legal action against CIDCO for environmental violations NAVI MUMBAI: Following a complaint by Vanashakti director and high court-appointed wetland committee member Stalin D, Akshay Gajbhiye, member secretary of the committee, instructed the CIDCO joint MD to cease landfilling activities on the Wetland Atlas-verified water body immediately. Stalin emphasised the committee's obligation to protect Nerul wetlands in accordance with Supreme Court and high court directives. A forest official confirmed the cessation of landfilling activities and assured continued surveillance. A significant development for environmentalists emerged as the Bombay high court's wetland committee instructed the Thane district collector to initiate legal proceedings regarding the dumping of construction waste from the airport project at Nerul's Lotus Lake in Navi Mumbai. S V Ramarao, co-chairman of the wetland committee, instructed member secretary Akshay Gajbhiye to communicate with CIDCO and the district collector regarding the attempted burial of the 7.5-acre wetland. NatConnect Director B N Kumar urged Ramarao to implement strict measures against CIDCO for permitting a private contractor to deposit debris and soil from the Ulwe airport site. Ramarao, who also serves as Additional Principal Chief Conservator of Forests – Mangrove Cell, confirmed that proceedings under the Environment Protection Act 1986 would be initiated. Kumar noted that only the environment secretary and revenue officials have the authority to file cases, limiting this power to the district collector. A previous request by then-state environment minister Aaditya Thackeray to extend these powers to the forest department was rejected by the govt. Adv Pradeep Patole, who previously challenged lake dumping and encroachment in the high court, emphasised the clarity of judicial orders protecting the wetland. The situation is complicated by CIDCO's authorisation for contractor TPIL to transport soil from the airport site, supported by the Raigad collector's royalty waiver for transportation to Nerul in Thane district. Activists suggested that whilst the contractor might avoid consequences due to CIDCO's authorisation, the city planning officials could face scrutiny. Environmental activists note that a case filed by the Thane district collector against CIDCO would establish a crucial precedent regarding environmental violations by the city. Activist Sunil Agarwal thanked Stalin for his timely intervention that halted the dumping activity. Get the latest lifestyle updates on Times of India, along with Eid wishes , messages , and quotes !

SC nixes retrospective green nods, but loophole still open
SC nixes retrospective green nods, but loophole still open

Hindustan Times

time30-05-2025

  • Politics
  • Hindustan Times

SC nixes retrospective green nods, but loophole still open

The Supreme Court on May 16, in the Vanashakti Vs Union of India case, struck down two of the Union government's office memoranda (OMs) and a notification that allowed retrospective environmental clearances to projects that began construction without prior approval -- but experts point out that retrospective forest clearances (which are very common) do almost the same damage. For example, the minutes of the latest Forest Advisory Committee meeting, held on April 15, available on Parivesh website, has several cases of ex post facto forest clearances considered by the Committee. These include: ex post facto clearance for regularisation of diversion of 11.562 ha of forest land for establishment of Integrated Steel Plant in Odisha; a similar clearance for diversion of 0.8935 ha reserved forest land for construction of a substation and electrification of 33 KV transmission line through Melghat Tiger Reserve; and approval for diversion of forest land for setting up of mobile towers in parts of Kashmir. FAC has provisions to penalise the violators who seek ex post facto clearance. For example, in the case of the steel plant in Odisha in which construction on the embankment and construction of a boundary wall had already taken place, FAC imposed a penalty for violation which is equal to net present value (NPV) of forest land per hectare for each year of violation from the date of actual diversion as reported by the inspecting officer with maximum up to five (5) times the NPV plus 12% simple interest from the date of raising of such demand till the deposit is made. NPV is the valuation or cost of forests diverted determined based on ecological role and value of forests which is graded based on quality and type of forests. The project proponent shall maintain/develop the green belts within the project area(wherever feasible) in consultation with the state forest department, the minutes dated April 16 added. HT reported on January 6 that FAC has granted post-facto approval for a Commando Battalion Camp in Assam's protected forest area, while simultaneously levying a penalty for violations of forest conservation laws. The approval pertained to the diversion of 26.1 hectares within the Geleky Reserved Forest, along the volatile Assam-Nagaland border in Sivasagar forest division and diversion of 11.5 ha of forest land in favour of Assam Police Housing Corporation for establishment of a second Commando Battalion Camp at Damchera. The case has a controversial history. Hindustan Times first reported on April 25 that MK Yadava, then Assam's Principal Chief Conservator of Forests (now special secretary, forests, Assam) approved these two major forest diversions for police installations without prior forest clearance. 'Such regularisations stem from a 2018 guideline issued to states and UTs on activities which constitute violations of provisions of Forest Conservation Act 1980 and rules made thereof regarding common guideline to be followed by FAC/regional committees while considering such violations. The 2018 guideline laid down a graded approach depending on the violations. But the question is whether penalties prescribed or directed by Centre are a deterrent or not. Considering the number of such instances, it does not seem so,' said a legal expert who did not wish to be named. The Handbook on Consolidated Guidelines and Clarifications issued under Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980 also has details of how ex post facto forest clearances should be dealt with. 'Proposals seeking ex-post-facto approval of the Central Government under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 are normally not to be entertained. The Central Government will not accord approval under the Act unless under exceptional circumstances that may justify the case,' it states. In case of public utility projects of the government, the penalty s is 20 % of the general NPV penalty. State government will initiate disciplinary action against the official concerned for not being able to prevent use of forest land for non-forestry purpose without prior approval of Centre etc, the 2018 guidelines state. 'But it is important to remember that the Forest Conservation Act 1980 only allows prior forest clearance. There is no provision for ex post facto clearances. Only the guidelines make way for it. But, once a forest area is cleared and a project has started construction, the damage is already done,' he added. On May 21, Debadityo Sinha, Managing Trustee, Vindhyan Ecology & Natural History Foundation, also a legal researcher sent a representation to union environment ministry about an Office Memorandum dated March 29, 2022 (not covered by Vanashakti judgement) which allows for fencing of the project site by boundary wall using civil construction, barbed wire or precast/ prefabricated components ; construction of temporary sheds using pre-fabricated / modular structure, for site office/guards and storing material and machinery ; and provision of temporary electricity and water supply for site office/guards only. Sinha has said the 2022 OM is inconsistent with the EIA (Environmental Impact Assessment) Notification, 2006 and the Environment (Protection) Act, 1986, and with the recent judgment of the Supreme Court in the Vanashakti Vs Union of India case dated May 16. 'It is important to note that permitting these construction activities—whether permanent or temporary—without an environmental clearance (EC) leads to a change in land use and alters the physical and ecological conditions of the site, before any EIA studies have been conducted,' Sinha wrote to MoEFCC. Provisions of ex post facto clearances are however extremely important to the industry. Office bearers of Federation of Indian Mineral Industries expect the government to seek a review of the Supreme Court's judgement. 'We feel the government should file a review petition on the judgement. This is because the judgement will impact small mines and livelihoods of people in tribal areas,' said BK Bhatia, director general, Federation of Indian Mineral Industries (FIMI). The Union environment ministry did not respond to a query on the court's judgment and whether there will be curbs on retrospective forest clearances. But, on May 26, the government issued an office memorandum stating, 'The Hon'ble Supreme Court, vide its judgment dated 16.05.2025, in W.P. 1394/2023 titled Vanashakti vs. Union of India and connected struck down the above mentioned Notification S.O. 804(E) dated 14/03/2017 and SoP dated 07/07/2021. The copy of the order which is self-explanatory is enclosed herewith for compliance.'

Toxic PoP waste lying around Powai lake for over two years
Toxic PoP waste lying around Powai lake for over two years

Time of India

time25-05-2025

  • General
  • Time of India

Toxic PoP waste lying around Powai lake for over two years

More than 60 tonnes of PoP (Plaster of Paris) 'harmful' waste has been lying along the circumference of Powai lake, and it has not been removed for more than two years, a city environmental group, Vanashakti, has pointed out. Tired of too many ads? go ad free now People associated with the group expressed the feeling that the authorities may have forgotten about the mounds of waste which is harming the water body besides polluting the water, This has been brought to the attention of the senior BMC officials for urgent action, said members of the environmental group. The #SavePowaiLake citizens' movement has been gathering momentum and BMC has announced that it will set up a sewage treatment plant at the lake. 'At least three mounds of plaster of paris (PoP) remnants removed from the lake after idol immersion have been left along the lake boundaries for almost two years. Close to 60 or 80 tonnes of PoP idol waste is lying in the open inside the lake. Two monsoons have passed and the waste continues to remain uncleared by BMC. Almost 2 metres or more of the lake bed area near the steps is also saturated with PoP waste. This waste, along with chemicals and paints in it, will continue to leach into the lake and pollute the waterbody,' said activist D Stalin of Vanashakti. A senior official from BMC said that, at present, they have deployed machines to cut through the water hyacinth weeds from the lake, and other cleanliness measures will also be taken up to improve the water quality of Powai lake. He added that the civic hydraulic engineering department has also been pressed into service for this purpose. 'It's been many years since local residents and green activists have been urging the municipality and the state authorities to clean up our Powai lake. Tired of too many ads? go ad free now Hopefully, this time around our citizens' movement should effectively help in saving the water body,' said Pamela Cheema of the SavePowaiLake movement. Meanwhile, citizens and nature lovers have decided to form a human-chain on Jun 1, ahead of World Environment Day at Powai Lake, and are planning to get as many participants as possible for this green cause.

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