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Indian Express
01-08-2025
- General
- Indian Express
Supreme Court paves the way for BMC to continue operations at Kanjurmarg landfill
In a much needed relief to the Brihanmumbai Municipal Corporation, the Supreme Court on Friday stayed the Bombay High Court verdict which had declared the Kanjurmarg landfill a 'protected forest' and allowed the civic body to continue operating the landfill here, which caters to nearly 90 per cent of the city's solid waste. While senior civic officials maintained that the BMC has no plans to explore alternative sites for a new dumping ground, the petitioner—who fought a 15-year-long legal battle—deemed the apex court's stay a case of 'environmental injustice'. Of the 6,500 metric tonnes (MT) of solid waste generated in Mumbai, nearly 5,900 metric tonnes of waste is processed at the Kanjurmarg dumping ground, which is Mumbai's sole sanitary landfill (SLF) or disposal facility. In what had nudged the BMC into a tight spot, the Bombay HC on May 2, declared a 119.91-hectare portion of the 141.77 hectare landfill at Kanjurmarg as a 'protected forest' under the forest conservation act (FCA) and forest act, quashing a 2009 notification of the state government that denotified the land parcel as a forest. The HC had granted the BMC three months to comply with the judgment. However, amid concerns of the city coming to a standstill with the closure of the largest landfill, the BMC had filed a special leave petition (SLP) before the Supreme Court. On Friday, the SC stayed the HC order that restored the Kanjurmarg landfill's forest status. Senior officials confirmed that the landfill will continue to cater to the city's solid waste with the BMC having no immediate plans of looking at alternative dumping sites. According to officials, for the future, the BMC has charted plans to install a 60 MW waste-to-energy plant to process dry waste at the Kanjurmarg site as well as install a 500 TPD plant for wet waste, which will generate approximately 16.25 tonnes of compressed biogas (CBG) per day. Stalin D , director of Vanashakti who had filed four different petitions against the dumpsite, said that the Supreme Court's stay was a case of 'environmental injustice'. 'Even though their petition was readied by July 7, we found out about the SLP, which was listed for Friday, only at 3pm on Thursday, after we asked for it. While this barely left us with any time to prepare, we were ready to fight virtually. However, even then, we did not get to argue our case. The HC had extensively studied and written the judgment after 10 months of hard work. However, it wasn't even read properly before it was trashed,' said Stalin, adding, 'In such cases, the environment is the petitioner in absentia and we are just the representatives. With the SC failing to even hear us, environmental justice was buried.'
Indian Express
14-07-2025
- General
- Indian Express
Illegal dumping of solid waste: Pollution board slaps Rs 10 crore fine on Thane Municipal Corporation
The Maharashtra Pollution Control Board (MPCB) has slapped a fine of Rs 10.2 crore on the Thane Municipal Corporation (TMC) for the illegal dumping of solid waste at Sabe Gaon in Diva, resulting in damage to mangrove cover. The MPCB announced the fine on July 2, on the orders of the National Green Tribunal (NGT). The MPCB officials said that the trash was dumped in land under the Coastal Regulation Zone (CRZ) category, causing destruction to mangrove cover from 2016 till 2023. The board added that the TMC continued to break environmental standards as it failed to clear the waste even after being brought to its notice about illegal dumping. The fine of Rs 10.2 crore also carries the extension of a two-year period, from 2023 to 2025, for the corporation's inability to clear the piled-up debris from the site. The dumping at the site was taking place since 2015, according to the NGO Vanashakti Foundation. The officials of the TMC did not comment on the fine. The issue was initially flagged in 2023 when Vanashakti Foundation moved a petition before the NGT. According to the petition, the land being occupied by TMC for dumping was within the CRZ and the activity of dumping had led to extreme environmental degradation, including the loss of mangrove cover. After the petition, the TMC systematically transferred its dumping activities to another spot in the periphery of the city. Even after the relocation, the initial dumping ground in Diva was still not cleared. 'We have stated that consistent dumping during several years in a CRZ area not only breached environmental practices but also caused the destruction of essential coastal green cover. The waste consists of Thane's municipal waste which has now started to enter the creek,' said Stalin D of Vanashakti. The MPCB fine follows a site visit and reports that established the TMC continued to dump on the Diva site and had not made efforts to reclaim the location.
Time of India
04-07-2025
- Politics
- Time of India
Borivli-Thane tunnel casting yard planned close to SGNP
Mumbai: A portion of Sanjay Gandhi National Park's (SGNP) eco sensitive zone (ESZ) in Mira Road is set to be used for a 22.6-acre casting yard for the Borivli-Thane twin tunnel project, prompting protests from activists. A casting yard is where concrete structures like segments, parapets and beams for an infrastructure project are cast and is located in a manner that allows easy access from the project site. Of the 22.6-acre plot for the tunnel project's casting yard, 5 acre falls within the ESZ. Activist Stalin D of NGO Vanashakti told TOI that the ESZ notification strictly prohibits setting up of polluting industries inside the boundaries of the zone. "Any action that violates it will be challenged in the courts. The agencies involved cannot pretend to be ignorant of the law and they cannot create third party rights in the ESZ," he said. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai He said the onus is on the forest department and Mira-Bhayander Municipal Corporation to adhere to the law. "The region inside the ESZ is being rapidly degraded to facilitate construction projects. This is part of a larger conspiracy to destroy the natural landscape virtually inside the national park," he said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo The project is being executed by MMRDA through its contractor, Megha Engineering & Infrastructure Ltd. MMRDA officials did not respond to queries from TOI. The proposal for the casting yard says it will not affect the ESZ's ecological balance (see graphic). Local activists claimed that even tribal land is part of this casting yard plot. Uttam Naik, Mira-Bhayander representative of People's Republican Party, recently wrote to revenue department officials on this issue. "Big machinery will only harm the surrounding environment and increase pollution," he complained. Last week, the national green tribunal had ordered the closure of two casting yards and ready-mix cement plants operating within the limits of the ESZ of SGNP at Thane's Ghodbunder Road. Once opened, the tunnels will help shave 12km from a Thane-Borivli trip, saving up to 1 hour, and will also provide direct connectivity, significantly decongesting traffic on Ghodbunder Road and Jogeshwari-Vikhroli Link Road.
Time of India
17-05-2025
- Politics
- Time of India
SC order on retrospective environmental clearances a step forward but gaps remain: Experts
Policy experts on Saturday welcomed the Supreme Court 's decision barring the government from granting retrospective environmental clearances but warned that loopholes in environmental laws still exist, and citizens must stay alert to protect their constitutional rights. In a landmark ruling on Friday, the apex court said the government cannot grant retrospective environmental clearances in the future. The court made it clear that projects started without mandatory prior environmental clearance cannot be legalised later. It added that violators who knowingly ignored the law cannot be protected. The judgement came in response to petitions filed by the NGO Vanashakti and others, challenging two government office memorandums issued in July 2021 and January 2022 which had created a system to grant environmental clearance to projects that began operations without prior approval under the Environment Impact Assessment (EIA) Notification, 2006. 5 5 Next Stay Playback speed 1x Normal Back 0.25x 0.5x 1x Normal 1.5x 2x 5 5 / Skip Ads by Stalin D, Director of Vanashakti, told PTI that citizens must now ensure the court's directions are followed. "The judgement clearly says the government cannot try and provide a safe haven for violators. So, we have to ensure that our constitutional framework is not violated in any way." Live Events "One more very pertinent thing in that order is that the people who violated this are not illiterate persons. They are educated, well connected, rich people who knew that they were engaging in a violation, which needs to stop now," he said. Prakriti Srivastava, a retired Indian Forest Service officer, said while it is a good order, knowing the history of environment ministry and project proponents, they will find a way around. She said post-facto approvals mean the damage is already done before clearance is granted. "Will these stop and the ministry obey the SC orders? Let's wait and watch Though knowing the record of MoEFCC, they give two hoots for SC orders and may blatantly disregard them," she added. Himanshu Thakkar, Coordinator of the South Asia Network on Dams, Rivers and People, said the decision is welcome but should have come earlier. He also raised concerns about enforcement. "This is welcome, but the directions could have come sooner. It shows that our system is very slow to react." "Secondly, where is your credible monitoring system to ensure that this doesn't happen? The third thing is there is a bypassing of the law happening. For example, land acquisition is allowed, even when environment clearance is not there. If you have already acquired land, you are creating impacts, displacing people, you are making the project fait accompli," Thakkar said. "So, the Supreme Court also needs to put down more stipulations that you cannot acquire land without environmental clearance because once you acquire the land, then you get the right over the land and you can do what you want to do with it, which is again movement towards irreversibility. So, these kinds of loopholes are still there," he said. Debadityo Sinha, Lead - Climate and Ecosystems at the Vidhi Centre for Legal Policy, said the very purpose of the EIA process is to evaluate alternatives, assess environmental and social impacts and enable public consultation before any project receives approval. It is a fundamental safeguard that ensures development does not come at the cost of ecological integrity." "Granting post-facto Environmental Clearance undermines this entire framework, allowing projects to bypass due diligence and legal scrutiny. It effectively opens the floodgates for unsustainable, poorly planned developments, often in ecologically sensitive areas, where such projects would never have passed scrutiny in the first place. This not only sets a dangerous precedent but incentivises illegal construction in the hope of regularisation through backdoor clearances," he said. Sonam Chandwani, Managing Partner at law firm KS Legal and Associates, said the Supreme Court's decision may shake up the existing system but is not a cure-all. "By killing ex post facto approvals, it puts companies on notice that you start without clearance and you are gambling with your entire project with no retroactive bailouts. Smaller firms, less equipped for legal warfare, might fall in line, seeking clearances upfront to avoid ruin. Activists and communities gain a stronger edge to hold violators accountable, as courts now have a clearer mandate to reject post-facto fixes," she said. Guman Singh, Coordinator of Himalaya Niti Abhiyan, said they had opposed the government's move to allow retrospective environmental clearances. He said the Supreme Court's decision clearly reinforces that environmental laws cannot be diluted to legalise illegal projects and promotes ecological accountability.
New Indian Express
17-05-2025
- Politics
- New Indian Express
SC order on retrospective environmental clearances a step forward but gaps remain: Experts
NEW DELHI: Policy experts on Saturday welcomed the Supreme Court's decision barring the government from granting retrospective environmental clearances but warned that loopholes in environmental laws still exist, and citizens must stay alert to protect their constitutional rights. In a landmark ruling on Friday, the apex court said the government cannot grant retrospective environmental clearances in the future. The court made it clear that projects started without mandatory prior environmental clearance cannot be legalised later. It added that violators who knowingly ignored the law cannot be protected. The judgement came in response to petitions filed by the NGO Vanashakti and others, challenging two government office memorandums issued in July 2021 and January 2022 which had created a system to grant environmental clearance to projects that began operations without prior approval under the Environment Impact Assessment (EIA) Notification, 2006. Stalin D, Director of Vanashakti, told PTI that citizens must now ensure the court's directions are followed. "The judgement clearly says the government cannot try and provide a safe haven for violators. So, we have to ensure that our constitutional framework is not violated in any way." "One more very pertinent thing in that order is that the people who violated this are not illiterate persons. They are educated, well connected, rich people who knew that they were engaging in a violation, which needs to stop now," he said. Prakriti Srivastava, a retired Indian Forest Service officer, said while it is a good order, knowing the history of environment ministry and project proponents, they will find a way around. She said post-facto approvals mean the damage is already done before clearance is granted. "Will these stop and the ministry obey the SC orders? Let's wait and watch Though knowing the record of MoEFCC, they give two hoots for SC orders and may blatantly disregard them," she added.
