Bombay HC seeks replies of Maharashtra govt, Mumbai civic body on plea for shifting of suburban incinerator plant

Bombay High Court. File Pic

The Bombay High Court on Monday directed the Maharashtra government, state Pollution Control Board (MPCB), and the Mumbai civic body on a petition seeking the shifting of the incinerator plant from suburban Govandi due to the release of toxic gases.

A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja said the public interest litigation (PIL) filed by residents of Govandi New Sangam Welfare Society, comprising residents of the area, has raised serious concerns.

The petitioners demanded the permanent closure of the plant and its relocation to a place at least 500 metres away from their locality in Govandi in a time-bound manner.

The petition also requested the imposition of appropriate environmental compensation on the company operating the plant, SMS Envoclean Pvt. Ltd. for failing to adhere to the bio-medical waste management rules.

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The petitioners' advocate Zaman Ali told the HC the number of Tuberculosis cases in the vicinity has risen sharply due to the toxic emissions. Many people are also suffering from respiratory ailments, he added.

"Concerns expressed in PIL are serious. We are of the view that this PIL ought to be heard with the other petition (raising similar concerns). Matter posted on January 16, 2023. Respondents can file reply affidavits by then," the bench said.

The petition referred to a notice issued by the MPCB issuing the closure directions to the plant.
The notice was challenged by the company in the High Court and the effect of the order had been stayed in 2019.

In their petition, the Govandi New Sangam Welfare Society stated the operation of the plant commenced in 2009 sans any environmental clearance and conducting an environmental impact assessment.

The PIL added the facility was located close to densely-populated areas with lakhs of residents.

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