Pollution control boards hit with notice for flouting NGT order

The biomedical waste treatment plant in Govandi. File Pic/Satej Shinde

A lawyer and social activist representing residents of Govandi has sent legal notices to the state and central pollution control boards for failing to submit an action taken report as directed by National Green Tribunals (NGT) in its March 13 order. The NGT had constituted a joint committee to investigate violations by the SMS Envoclean plant as alleged by Govandi and Deonar residents. The committee, comprising members of the Central Pollution Control Board (CPCB), the Maharashtra Pollution Control Board (MPCB), and a district magistrate, was expected to submit an action taken report within two months.

The residents of Govandi and Deonar had moved the NGT against the state government in April 2022. In their petition, they alleged that tuberculosis (TB) among thousands of residents has been aggravated due to pollution from the biomedical waste treatment plant in the area. Forced to inhale "toxic" smoke released by the city's lone biomedical waste treatment plant in Govandi and furious over the delay in relocating the plant (for almost two years), Govandi residents had petitioned the NGT for justice.

"We had moved the NGT so that we get some respite from the issues we are facing due to SMS Envoclean. The idea was to get pollution regulatory bodies to do their jobs when politicians failed to keep their word of moving the biomedical waste treatment plant. The March order was a ray of hope and we were looking forward to what action they would take. It is so disappointing to learn they have done nothing to follow the NGT order. This is contempt of the NGT order," said Advocate Said Alam, who is representing the residents.

In their petition, the locals claim that since the biomedical waste treatment plant (SMS Envoclean) was built in their neighbourhood, the incidence of TB infections and other respiratory complications among locals has increased and aggravated in the last five years. The M-East ward (Govandi, Deonar) is known as the TB hotspot of Mumbai.

The court order

The hearing conducted on March 13 on the application under Sections 14 and 15 of the National Green Tribunal Act, 2010, was registered on a letter petition received from Govandi citizens in April 2022. "The allegations are that a biomedical waste plant named SMS Envoclean Pvt Ltd is running in the middle of the city of Mumbai, adjacent to the slums of Mankhurd and Govandi, causing air pollution and spreading various kinds of diseases like TB etc. to the slum dwellers residing in the vicinity of the plant.

The grievance raised in this petition can be looked into by the local authorities. Hence we constitute a joint committee comprising the CPCB and MPCB and a district magistrate concerned who shall visit the site to collect relevant information and if any violation of environmental laws and norms are found, would take appropriate remedial action in accordance with law within two months time. The action taken report should be submitted to the registrar western zone bench at Pune," the NGT order dated March 13 stated.

Alam, in his notice to the pollution control bodies, stated: "Despite this order, there was no communication made by the pollution regulatory bodies with me, despite my sending reminder emails and approached your authorities via calls. The NGT orders are compliant on the parties and violation of the order is an offence. It has been over 120 days and the bench had given you a time frame of 60 days. If not followed there is a huge fine and penalty of Rs25 crore under Section 26 of Chapter 4 of the NGT Act, 2010."

Govandi is known for the 132-hectare Deonar dumping ground, which lies in the backyard of thickly populated shanties with a warren of narrow bylanes. A part of the M-East ward, this section is the poorest part of the city. It covers more than 250 slum pockets. The Denonar dumping ground alone processes around 2,500 metric tonnes of garbage every day. SMS Envoclean is located a few kilometres away and has been authorised by the BMC and the MPCB to treat biomedical waste since 2009.

What officials say

Talking to mid-day Avinash Dhakne, new member secretary of MPCB said, "I am not aware of the legal notice and will have to check on the NGT order. However, regarding SMS Envoclean, we have long given the owners a NOC to shift to Khalapur, but they couldn't get environmental clearance. Now we have asked them to look for alternatives. We are also in talks with MIDC for land in Taloja to shift the plant."

According to Dhakne, the Govandi plant can't just be shut down as it is the only biomedical waste treatment plant in Mumbai. "If we shut it without moving it to other locations where will biomedical waste generated in Mumbai go? In the meantime, we can issue them directions to improve their ways. For that, we need to get an update on how much time it will take to shift the plant."

2009
Year SMS Envoclean was authorised