Bombay High Court
Municipal Corporation Of Greater ... vs Shri. Pandurang Patil on 29 February, 2016
Bench: A.S. Oka
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
CIVIL APPLICATION NO.221 OF 2013
IN
PUBLIC INTEREST LITIGATION NO.217 OF 2009
1 Municipal Corporation of
Greater Mumbai ...Applicant
vs.
Shri Pandurang Patil & Anr. ...Respondents
CIVIL APPLICATION NO.110 OF 2015
IN
PUBLIC INTEREST LITIGATION NO.217 OF 2009
(for intervention)
Shri Rajkumar Sharma ...Applicant
vs.
Shri Pandurang Patil and others ...Respondents
Mr.S.U.Kamdar, Senior Advocate with Mr.J.F.Reis,
Senior Advocate and Ms Komal Punjabi for the
applicant in CAI 221/2013 and for the respondent
No.1 in PIL 217/2009
Mr.T.N.Subramanian, Senior Advocate a/w Mr.Nikunj
Mehta and Mr.Ashok Purohit, Ms Anjanta Parveen and
Shalaka Moli i/b Ashok Purohit & Co for the
applicant in CAI 110/2015
Mr.S.G.Aney, Advocate General with Mr.A.B.Vagyani,
Government Pleader and Ms M.P.Thakur, AGP for State-
Respondent No.2 in CAI 221/2013
Ms Rekha Panchal for Maharashtra Pollution Control
Board
CORAM : A.S.OKA, &
C.V.BHADANG, JJ.
DATE : FEBRUARY 26 and 29, 2016
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ORAL JUDGMENT: (PER A.S.OKA,J.)
1 The submissions of the learned counsel for the
parties were heard on the last date. The Civil
Application No.221 of 2013 made in a disposed of
PIL by the Mumbai Municipal Corporation discloses
shocking state of affairs in Mumbai. The city of
Mumbai is stated to be the commercial capital of
India. Now, it is sought to be made a "Smart" City.
But, admittedly quantity of 60% to 70 % of the
municipal solid waste generated every day in Mumbai
is being illegally dumped in the city itself by the
Mumbai Municipal Corporation. An affidavit was
filed by the Municipal Commissioner of the Mumbai
Municipal Corporation way back on 2nd March 2015 in
which it is accepted that as of that date, there was
a daily generation of 9400 Metric Ton (for short
"MT") municipal solid waste and approximately 1000
MT of debris of buildings and that the generation
of solid waste is likely touch 10,000 to 11,500 MT
per day. The same affidavit and subsequent
affidavits record the admitted position that there
is only one proper facility in the city at Kanjur
which has processing capacity of 3000 MT of solid
waste per day. This facility is in conformity with
the Municipal Solid waste (Management and Handling)
Rules,2000 (for short "the MSW Rules"). Thus, as of
March 2015, every day, a quantity of 7400 MT of
municipal solid waste including the debris was
being illegally dumped by the Mumbai Municipal
Corporation (for short `the said Corporation'). The
dumping is made at the sites at Deonar and Mulund
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which were required to be closed down long back as
the same are not in conformity with the requirements
of the MSW Rules. Today, after nearly one year, the
quantity must be much more. On one hand, during
last few years, the Government went on increasing
Floor Space Index (for short "FSI") for the
constructions in the city and on the other hand,
though the MSW Rules came into force on 3rd October
2000, neither the State Government nor the said
Corporation have bothered to comply with the MSW
Rules. We may note here that Schedule-I of the MSW
Rules contains implementation schedule. Read with
Rule 4 of the MSW Rules, the Schedule-I provides
that it is the obligation of a Municipal Authority
to set up waste disposal and processing facilities
in terms of the said Rules by 31st December 2003.
If what is stated in the affidavits filed on record
by the Municipal Commissioner and other Municipal
Officers is taken as correct, by the end of the year
2019, there will be processing facilities in the
city in conformity with MSW Rules which can deal
with quantity of only 8000 MT per day. Going by the
affidavit of the Municipal Commissioner filed in
March 2015, by the end of 2019, the generation of
solid waste will not be less than 14,000 to 15000 MT
per day. Thus, there is no possibility that in near
future, the said Municipal Corporation of the
commercial capital of the country will be able to
comply with the mandatory requirements of MSW Rules.
The affidavits on record will show that as a result
of the recent incidents of fire at Deonar Dumping
ground where illegal dumping is being made, the
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citizens in the locality suffered from respiratory
diseases. The pollution level of the city increased
alarmingly. In many parts of the city, Air Quality
Index(AIQ) was more than 330. In the surrounding
area of Deonar, schools were required to be kept
closed for few days to protect the children from the
pollution created by the fire. We are informed
across the bar that on this Saturday also there was
a fire. Perhaps, what happened at Deonar may be an
indication of the things to come in future, unless
drastic steps are taken by the State Government and
by the said Municipal Corporation.
2 Now we come to the prayers made in Civil
Application No.221 of 2013 filed in disposed of PIL.
Way back on 2nd April 2013, this Court on the basis
of the consensus of all the parties including the
State Government disposed of the Writ Petition
No.1740 of 1998 and other connected petitions
including the present PIL No.217 of 2009. Clause 10
of the consent order granted only three months time
to close down all the dumping sites which do not
comply with the MSW Rules. Going by the said
Judgment and Order, the dumping sites at Mulund and
Deonar were required to be closed down by 2nd July
2013. Paragraph 15 of the said order granted maximum
time of 24 months for setting up and commissioning
of waste processing facility at existing sites.
Thus, as far as the city of Mumbai is concerned, the
time limit provided by the MSW Rules to set up
waste disposal and processing facility is already
over about 12 years back. The time provided under
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the Judgment and order of this Court to close sites
at Deonar and Mulund has expired two and half years
back and the time to set up facilities granted under
the orders of this Court has expired on 1st April
2015. Substantial part of the solid waste generated
in the city is being dumped at Deonar in gross
breach of MSW Rules and the aforesaid Judgment and
order of this Court. The present Civil Application
filed by the said Corporation contains following
prayers:
"(a) The applicants' dumping ground at Mulund
and Deonar be exempted from immediate
discontinuance or closure as contemplated
under clause 9 of the order dated April 2,
2013 passed in Public Interest Litigation
No.217 of 2009 and that the Applicant be
permitted to continue dumping of Municipal
Solid Waste at its Mulund and Deonar site
until the commissioning of the Kanjur site
and setting up and commissioning new
processing facility at the existing Mulund
and Deonar site.
(b) That the period of 24 months as set out
in clause 15 (5) (b) of the order dated April
2, 2013 for setting up and commissioning of
waste processing facility at existing Mulund,
Deonar and Kanjur site be made applicable to
the applicants, subject to the receipts of
approval by the Applicants on their pending
proposal for grant of land on lease from the
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State of Maharashtra and other permissions
from Ministry of Environment and Forests
(MoEF), Airport Authority of India (AAI),
State Environment Impact Assessment Authority
(SEIAA), Maharashtra Coastal Zone Management
Authority (MCZMA), and Maharashtra Pollution
Control Board (MPCB) and/or any other
permissions in future if any as may be
required.
(c)Pending the hearing and disposal of the
present Application, the Applicants be
permitted to continue dumping of Municipal
Solid Waste at its Mulund, Deonar and Kanjur
site.
(d) Ad-interim reliefs in terms of prayer
clause © herein above.
(e) For such further and other reliefs as the
nature and circumstances of the case may
require."
3 We may note here that as far as the site of
Kanjur is concerned, this Application is not
pressed. This Application was filed on 5th August
2013. As stated earlier, even going by the
affidavits on record, it is impossible for the said
Municipal Corporation in near future to provide
facilities in terms of the MSW Rules to deal with
the entire quantity of solid waste generated every
day in the city of Mumbai. As we have noted above,
by the end of 2019, if everything goes smoothly for
the said Municipal Corporation, the facilities
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created in terms of the MSW Rules will be able to
deal with quantity of only 8000 MT per day.
Considering the large scale development in the form
of construction of buildings which is being
permitted in the city, in few years, quantity of
solid waste generated may cross the figure of 15,000
MT Per day. The census figures will show that there
is a steady increase in the population of the city.
4 Thus, no discussion is required to come to a
conclusion that there is no equity in favour of the
said Corporation as well as the State Government on
the basis of which an equitable relief of extension
of time can be granted. In fact, if the earlier
orders passed in the present Application for
extension of time are seen, this Court has granted
extension of time while observing that unless the
Municipal Authorities or the State do something
drastic to improve the situation, there will be no
option but to impose some restrictions on unabated
development in the city. Moreover, it is the duty
of this Court to ensure that not only the orders of
this Court but also the provisions of the
Environment Protection Act,1986 (for short "the said
Act of 1986") and the MSW Rules are implemented in
as much as the breach thereof will amount to
depriving large number of citizens of Mumbai a
fundamental right guaranteed under section 21 of the
Constitution of India. The right under the Article
21 of the Constitution of India includes right to
live in a pollution free environment. The State has
completely ignored Article 48-A of the Constitution
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of India which enjoins it to improve the
environment. Recent incidents of fire at Deonar show
that that the fundamental right under Article 21 is
completely violated. In fact, the failure to abide
by and committing the breach of the MSW Rules may
itself amount to violation of the right to live in a
pollution free environment. The minutes of the
meeting of the Committee appointed by this Court
which are placed on record by the applicant in the
Civil Application No.110 of 2015 (for intervention)
indicate that some sort of division of the site at
Deonar has been made by the anti-social elements
amongst themselves.
5 Only way to ensure the implementation of the
orders of this Court and the implementation of the
provisions of the said Act of 1986 and the MSW Rules
is to grant extension of time for a limited period
subject to compliance with various terms and
conditions which will ensure that in the meanwhile
the quantity of Municipal Solid waste does not
increase substantially.
6 Before we go into the affidavits filed on
record dealing with the aspect of compliance as well
as dealing with the aspect of serious situation
which has arisen as regards dumping facility at
Deonar, a brief reference to the provisions of the
said Act of 1986 and the MSW Rules will be
necessary. Section 3 of the said Act of 1986
confers power on the State Government to take
measures to improve the environment. Clause (a) of
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section 2 incorporates a very wide definition of
"environment" which includes water, air and land and
inter-relationship which exists among and between
water, air and land and human beings, other living
creature, plants, micro organisms and property.
Clause (b) of section 2 provides that any solid,
liquid or gaseous substance which may be injurious
to environment will be environmental pollutant.
Section 6 confers power on the Central Government to
frame Rules to regulate environment pollution.
Section 25 confers a power to make Rules on the
Central Government. Section 15 provides that
whosoever fails to comply or contravenes any
provisions of the said Act of 1986 or the Rules made
thereunder commits an offence which is made
punishable under the said section.
7 The MSW Rules have been framed in exercise of
powers under sections 3,6 and 25 of the said Act of
1986 which were brought into force with effect from
3rd October 2000 when the same were published in the
Government Gazette.
8 Clause 15 of Rule 3 of the MSW Rules defines
municipal solid waste which reads thus:
"(xv)"municipal solid waste" includes commercial and
residential waste generated in a municipal or notified areas in
either solid or semi-solid form excluding industrial hazardous
waste but including treated bio-medical waste;"
Thus, any commercial or residential waste
either in solid or in semi solid form excluding
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industrial hazardous waste but including treated
bio-medical waste is included in the definition of
municipal solid waste. Clause (vii) of Rule 3
defines "demolition and construction of waste" which
will include debris created by demolition of
buildings and structures. Going by the definition
of municipal solid waste, even demolition and
construction waste will be a part of the municipal
solid waste. Rule 4 is material which imposes
responsibility on Municipal Authorities which reads
thus:
"4. Responsibility of municipal authority .-
1.Every municipal authority shall, within the territorial area of the
municipality, be responsible for the implementation of the
provisions of these rules, and for any infrastructure development
for collection, storage, segregation, transportation, processing and
disposal of municipal solid waste.
2.The municipal authority or an operator of a facility shall make
an application in Form-I, for grant of authorization for setting up
waste processing and disposal facility including landfills from the
State Board or the Committee in order to comply with the
implementation programme laid down in Schedule I.
3.The municipal authority shall comply with these rules as per the
implementation schedule laid down in Schedule I.
(4) The municipal authority shall furnish its annual report in Form-II,-
a.to the Secretary-incharge of the Department of Urban
Development of the concerned State or as the case may be of the
Union territory, in case of a metropolitan city; or
b.to the District Magistrate or the Deputy Commissioner
concerned in case of all other towns and cities,
with a copy to the State Board or the Committee on or before the
30th day of June every year."
(Underline added)
9 In the present case, the said Corporation is
responsible for the implementation of the provisions
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of the MSW Rules and for infrastructure development
for collection, storage, segregation,
transportation, processing and disposal of municipal
solid waste. Rule 5 is also material which reads
thus:
"5. Responsibility of the State Government and
the Union territory Administrations .--
(1) The Secretary-in charge of the Department of Urban Development of
the concerned State or the Union territory, as the case may be, shall have
the overall responsibility for the enforcement of the provisions of these
rules in the metropolitan cities.
(2) The District Magistrate or the Deputy Commissioner of the concerned
district shall have the overall responsibility for the enforcement of the
provisions of these rules within the territorial limits of their jurisdiction."
The Rule makes the Secretary in charge of the Urban
Development Department of the State Government
overall responsible for enforcement of the
provisions of the MSW Rules. Rule 6 makes the State
Government and the Pollution Control Board
responsible for monitoring standards as specified in
Schedule-II, III and IV. Rule 7 provides that
municipal solid waste generated in a city or a town
shall be managed and handled in accordance with
compliance criteria and the procedure laid down in
the Schedule-II. Time schedule within which
provisions of the MSW Rules shall be complied with
by the Municipal Authority is provided in Schedule-I
which reads thus:
Schedule I
[see rules4(2) and (3)]
Implementation Schedule
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Serial Compliance Criteria Schedule
No.
1. Setting up of waste processing and By 31.12.2003
disposal facilities or earlier
2. Monitoring the performance of waste Once in six
processing and disposal facilities months
3. Improvement of existing landfill sites as By 31.12.2001
per provisions of these rules or earlier
4. Identification of landfill sites for future use By 31.12.2001
and making site (s) ready for operation or earlier
It is this Schedule which provides for setting up of
solid waste processing and disposal facility by 31 st
December 2003. Schedule-II lays down the entire
process to be followed for collection of municipal
solid waste, segregation of municipal solid waste,
storage of municipal solid waste, its
transportation, its processing and disposal. Thus,
for dealing with the municipal solid waste, there
are six stages contemplated by Schedule-II starting
from its collection till disposal after it is
processed.
10 For the implementation of the MSW Rules, the
PILs and writ petitions (including the PIL No.217 of
2009) were filed before this Court complaining about
the failure of the Municipal Authorities in the
State and the State Government to comply with the
mandatory requirements of the MSW Rules. The
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Judgment and Order dated 2nd April 2013 shows that
the petitions were disposed of in terms of the draft
minutes of the order which were prepared by the
parties after long deliberations in which the
Government Pleader and the officials participated.
For the purposes of this Application, clauses 7 to
15 of the minutes of the order are material which
read thus:
"Re: Local authorities which do not have the land fill sites/dumping
ground :
7. (a) The authorized officer / local authority shall take steps for
acquisition of notified / designated site for this purpose either in the
Regional Plan or the Development Plan within a period of two weeks
either under the provisions of Land Acquisition Act, 1894, Maharashtra
Regional & Town Planning Act, 1966 or by mutual agreement with land
owners.
(b) The process of selection and acquisition of sites including taking
possession shall be completed expeditiously and not later than six weeks
in accordance with, the guidelines prescribed in the Government
Resolution dated 5th October 2012, Annexure-1 as well as GR dated 26th
August, 2003.
(c) The selection of site shall also take into consideration appropriateness
and suitability of site from viewpoint of CRZ Notification, EIA
Notification and other Environmental Laws including Forest Laws as
applicable.
(d) Wherever the Local Authority has an approved authorized site for land
fill / dumping, the local authority shall immediately take steps to make it
operational for that purpose within a period of 4 weeks.
(e) On selection, identification and acquisition of sites, the local
authorities shall make the appropriate application not later than two
weeks after taking possession of site, to the Pollution Control Board
under Rule 6 of MSW Rules for authorization.
(f) The MPCB shall process the application and grant the authorization in
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accordance with the provisions of Air Act and Water Act and MSW Rules
2000 preferably within a period of two weeks end not later than from
receipt of application complete in all respects.
(g) On the aforesaid compliances the site shall be used by the concerned
local authorities for land fill /dumping strictly in accordance with the
MSW Rules 2000 and authorization granted by MPCB.
(h) The Nodal Officers/Authorized Officer shall monitor periodically the
operation of such sites and compliance with MSW Rules and MPCB
authorization on fortnightly basis and make report and take remedial
measures to ensure compliance.
(i) In case there are no designated / notified sites the State Government
shall assist such Local authority to identify, select and acquire the
requisite site and notify or designate the same for land fill / dumping of
MSW. The State Government shall initiate steps for this purpose
preferably within two weeks from this order and complete the process as
per statutory provisions for designation of the site.
(j) In case the site designated within the area of local authorities is
encroached upon the local authorities shall initiate action for removal of
encroachment within two weeks, including but not limited to, in
accordance with the relevant Municipal law or the Maharashtra Land
Revenue Code as the case may be for eviction of such unauthorized
encroachers. In the event of such actions being taken no Court or
authority in the State shall entertain any application or proceedings or suit
in respect of such eviction and any such proceeding shall be filed only in
this Court.
(k) In case there are any proceedings pending / orders passed in respect of
any sites within the jurisdiction of Local Authority, such authority shall
immediately take steps to get the stay orders vacated and / or bring it to
the notice of this Court for appropriate directions.
Re: Local authorities which have inadequate facilities:
8. (a) The local authority will assess the need for the sites by taking into
account the existing population and growth of population upto at least
next 30 years.
(b) The local authorities shall take steps for selection, identification and
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acquisition of additional sites by following the directions in the preceding
paragraph under the heading "Re : Local authorities which do not have
the land fill sites / dumping grounds."
Re: The Local authorities which have facilities which are non-
compliant with MSW Rules 2000 and MPCB authorization:
9 The MPCB shall make report in respect of each of the designated
dumping site within jurisdiction of all Municipal Corporations, Municipal
Councils and Panchayats to ensure Compliance with MSW Rules and
these directions and directions of the Supreme Court. This exercise to be
completed within a period of 8 weeks.
10. All dumping sites which do not comply with MSW Rules and other
governing applicable laws and these directions and the sites which are not
designated as per rules shall be discontinued and closed within a period
of three months or an acquisition of new site whichever is earlier.
11. All sites which have exceeded their capacity shall be closed down as
per procedure under MSW Rules.
Re: The Local authorities which do not have waste processing
facilities:
12. The Local authorities shall take steps for treatment of solid waste in
accordance with MSW Rules either through themselves or through an
identified agency.
13. The Municipal Corporations and Councils shall adopt measures as per
Schedule III of MSW Rules to ensure :
(i) Segregation of Municipal Solid waste
(ii) Setting up facilities for processing biodegradable waste by
composting, vermi composting, anaerobic digestion or any other
biological processing
(iii) Eventual elimination of landfilling requirements for biodegradable
waste
(iv) The State Government shall take decision on the pending proposals /
applications made by the local authorities for grant of lands on lease or
otherwise, or grant of NOC etc. within a period of 45 days from date of
this order.
(v) The Local authorities which have not made such applications shall do
so within a period of 4 weeks to the State Government and the State
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Government shall take a decision thereon within 45 days thereafter.
14. Sites for Composting, Vermi Composting etc.
(i) These sites shall also comply with these directions and MSW Rules
(Schedule IV) (ii) MPCB shall prescribe cap on storage of wet garbage to
be treated at these sites so that the site does not become a dumping
ground
(iii) These sites shall also comply with the Rules for storage of garbage as
permitted by MPCB under MSW Rules
(iv) In the event of non-compliance of these directions MSW Rules and
parameters as regards, storage of wet garbage limit of storage and
operation of composting or vermi compost plant, the same shall be closed
down and shall not be re-operated until MPCB reports remedial measures
and its compliance.
15. General :
Action Plan for Treatment and Processing of Solid Waste
Sl.No. Action Plan Details Time Schedule
1 To develop mechanism for collection, Within 2 months after
segregation (at source/site) & Transportation to possession of land
processing facility & landfill site.
2 Settling up and Commissioning of Waste
Processing Facility
(a) Selecting of technology Within 2 months after
possession of land
(b) Preparation of Detailed Project Report Within 2 months after
selection of technology
(c)Inviting tenders and appointment of Agency Within 2 months after
obtaining clearance from
MCZMA/MOEF
(e)Issuance of Work Order with the time frame Within 1 month
& necessary conditions by Municipal
Authority
(f) Settling of MSW processing facility & Within 18 months from the
making it operational date of work order
3 Development & Commissioning of secured Within 12 months after
landfill site possession of land
4 Closure of cell & its monitoring for at least After exhausting capacity
next fifteen years as per Rules. of the existing cell.
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5 Improving of existing facility
(a) Closure of existing dump site if required as Within 16 months
per MSW Rules.
(b) Setting up and commissioning of waste Within 24 months
processing facility if not available at existing
site.
(c)Improvement in the existing waste Within 6 months
processing facility and secured landfill site in
accordance with the MSW Rules.
(d) Development of new secured landfill site at Within 12 months
existing site if not available
6 (a) Application for Authorization by Municipal As per Rules
Authority (Rule 4(2))
(b) Grant of a authorization for for processing As per Rules
facility and landfill site. (Rule 6 (2))
Now we deal with the affidavits filed dealing
with the grant of extension of time. The first
relevant affidavit is of 30th September 2015 filed by
Shri Siraj Ahmed Abdul Khalique Ansari, the Chief
Engineer (Solid Waste Management) of the said
Municipal Corporation which records that the Mulund
dumping ground was started in the year 1967 and the
Deonar dumping ground was started in or about the
year 1927. It records that there is only one project
in the city which is in conformity with the MSW
Rules which is at Kanjur. We must note here that
the site at Kanjur was provided to the said
Corporation under the orders of the Apex Court. It
records that at the site of Kanjur, quantity of 3000
MT per day is being scientifically processed and
disposed of and the said project has been approved
by the Ministry of Environment and Forest and the
Maharashtra Pollution Control Board. There is an
affidavit dated 23rd October 2015 filed by Shri
Swadheen S. Kshatriya, the Chief Secretary of the
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Government of Maharashtra which refers to the
decision taken by the State Government of the
allotment of sites near Airoli Bridge at Mulund and
at village Karvale Khurd, Taluka Ambernath, District
Thane to the said Corporation. We may note that
till that date, the actual allotment was not made.
As far as allotment is concerned, the same was made
only after several orders were passed by this Court
and in particular the order dated 27th October 2015
which records that as per the decision of the State
Government, the area of the site at village Karvale
was 52.10 Hectare out of which only 39.90 Hectare
was vesting in the State Government which was
substantially encroached upon and the rest of the
area was yet to be acquired. It is only after the
said order that the State Government machinery moved
with some kind of speed. There is an affidavit
dated 10th February 2016 by Shri Ajoy Mehta, the
Municipal Commissioner. It is a detailed affidavit
which records the steps which the said Municipal
Corporation proposes to take. The steps proposed to
be taken as regards the sites as set out in the
affidavit can be summarised as under :
(I) Mulund Dumping Ground :
The said dumping ground shall be closed down in a
scientific manner for which tenders are already
invited.
(II) Deonar Dumping Ground :
It is proposed that the Deonar dumping ground will
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be utilised for putting up a Waste to Energy Plant
of capacity of 2000 MT per day for which a
consultant is being appointed. It is stated that
out of total area of 120 H of the Deonar dumping
ground, area of 10 H will be utilised for the said
project. It will take care of 2000 MT of solid
waste per day and the project is likely to be
completed by February 2019. The rest of the portion
of the land will be put to scientific closure.
(III) Mulund (East), near Airoli Bridge:
The site at Mulund is near Airoli Bridge. It is
stated that the area of 32.77 H is under the process
of demarcation which will be completed by April
2016. After the demarcation, a compound wall will
be constructed. It is stated that by the end of
2019, the first phase of Waste to Energy Processing
will commence which will take care of the quantity
of 2000 MT per day and in future, the capacity will
be increased progressively to 5000 MT per day.
(IV) Kanjur Scientific Processing Plant
It is stated that the plant which is already
operational is in terms of the requirements of MSW
Rules which has a capacity to deal with solid waste
of 3000 MT per day and up to December 2016, the
capacity will be increased to 4000 MT per day. It
is submitted that by the end of the year 2018-2019,
all permissions are expected to be granted.
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(V) Village Karvale, Taluka Ambernath,
District Thane (Near Taloja)
What is allotted by the State Government is an area
of 38.37 H, a portion of which is encroached upon.
It is stated that additional area of 12.20 H will be
acquired subsequently. It is stated that the
process of removal of encroachments will be
commenced by the State Government which is expected
to be completed in May 2016 after which a
demarcation will be carried out and thereafter, the
construction of a compound wall will be commenced.
Considering the fact that the land is encroached
upon, perhaps the Municipal Commissioner has not set
out the outer limit within which the facility will
be set up thereon. He has stated that as and when
the plant is set up, it will deal with the quantity
of 3000 MT per day.
12 Analysis of the aforesaid affidavits shows that
even if everything goes on smoothly, by the end of
year 2019, the facilities in terms of the MSW Rules
will be available to deal with the municipal solid
waste of the quantity of only 8000 MT per day. These
facilities may be sufficient to deal with only 50%
to 60% of the municipal solid waste generated per
day, as by that time, the generation of solid waste
per day may easily reach quantity of 15,000 MT.
There is absolutely no possibility that even till
the end of the year 2019, facilities will be created
in the city of Mumbai in terms of the MSW Rules to
deal with the generation of entire quantity of the
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21 cai221-110
solid waste generated every day. That is why in one
of the earlier orders, this Court observed that in
the city of Mumbai, the MSW Rules are being observed
only in breach.
13 Now we come to the latest affidavit dated 15th
February 2016 filed by Shri Swadheen Kshatriya, the
Chief Secretary of the State Government. During the
earlier hearing, an issue was raised by this Court
as to whether the State Government intends to put
any restrictions on the construction activities in
the city. It is stated in the said affidavit that
major proposals received in the city are of re-
development projects of old buildings or slum re-
development projects. It is stated that imposing
restrictions on the construction activities will
have serious consequences. By the said affidavit of
the Chief Secretary, the State Government has
expressed inability to impose any such restrictions
on the constructions on the ground that the said
restrictions will lead to creation of slums and
that the construction industry in the city will be
considerably affected. What is material is that in
none of the affidavits placed on record either by
the State Government or the Mumbai Municipal
Corporation, it is stated that any scientific
assessment is made of the impact of large scale
constructions which are going on in the city on the
generation of municipal solid waste including
construction waste. This exercise was necessary as
even by the end of the year 2019, the said
Corporation will be in no position to make full
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compliance with the MSW Rules. What is stated by
the Chief Secretary in the affidavit is that a
direction has been issued by the State Government
under section 154 of the Maharashtra Regional and
Town Planning Act,1966 (for short "MRTP Act") to
the said Corporation. Paragraph 2.1 of the said
affidavit summarizes the directions issued by the
Government Circular dated 15th February 2016.
Paragraph 2.1 reads thus:
"2.1 I say and submit that the Government has
issued following directions to the Municipal
Corporation of Greater Mumbai (MCGM) under
section 154 of the MRTP Act 1966 vide
circular dated 15.2.2016.
(a) To segregate bio-degradable waste
from dry waste and to process the bio-
degradable waste in a decentralised manner,
at least in some wards in Municipal
Corporation of Greater Mumbai
(b)To impose the condition of
segregating the waste and process the bio-
degradable waste in-situ i.e within the plot
area in a scientific manner, by occupier of
the premises, while granting permission of
development.
(c)To give necessary permission for
processing bio-degradable waste within the
plot area.
(d) Some area is reserved for Recreation
Ground while giving permission for
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construction on the area of more than 2000
sq.mts, and to give necessary permission for
processing bio-degradable waste in the RG
area."
14 We may note that as far as the clauses (b) and
(d) are concerned, the same will be ineffective
unless the same are incorporated in the Development
Control Regulations (for short "DCR") which are
applicable to the city of Mumbai. For complying with
the directions contained in clause (a), the said
Corporation will have to find out suitable sites in
the thickly populated localities. Clause(c) provides
for giving permission to the co-operative societies
or the owners of the properties who come forward to
set up facility of processing bio-degradable waste.
Again for this measure, perhaps the amendment of DCR
will be necessary for permitting setting up of such
facilities on residential plots. Therefore, what is
provided in the circular dated 15 th February 2015 is
not at all helpful today in any manner to control
and curb the creation of more municipal solid waste.
The implementation of the Circular can be made
provided there is a modification of the DCR. We
may note here that the State Government has not
issued a direction under the provisions of section
37 of the MRTP Act to the said Corporation to start
process of carrying out the necessary amendments to
the said Regulations. Thus, the scenario which
emerges is on the one hand there are no concrete
measures suggested which will prevent the generation
of more municipal solid waste in the city and on the
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24 cai221-110
other hand, there is no possibility of the said
Municipal Corporation making compliance with the
requirements of the MSW Rules in near future. We
may note here that the learned senior counsel
representing the Municipal Corporation has tendered
across the bar a chart showing details of the
proposals for development received by the said
Corporation during the period between 1 st January
2014 till 30th September 2015 (21 months). The chart
shows that out of 1700 proposals received, 1382
proposals (81.30%) are of redevelopment projects and
only 318 (18.70%) proposals are of a new
development. The chart is signed by the Chief
Engineer (D.P.) of the Municipal Corporation. It
records that the re-development projects are being
undertaken under the clauses 5, 6, 7, 9 and 10 of
the Regulation 33 of the DCR.
15 As stated earlier, there is no ground made out
by the Municipal Corporation for grant of extension
of time provided in the judgment and order in the
PIL as even according to the case of the said
Corporation, there is no possibility of creating
facilities in near future in terms of the MSW Rules
to deal with the entire quantity of solid waste
generation in the city. The seriousness of the
situation leaves no option for the Court but to
grant extension of time so that there is some
pressure on the said Corporation and the State
Government to act. It is now high time for them to
act. If no drastic steps are taken, the citizens
will be exposed to grave danger of pollution. The
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25 cai221-110
situation is alarming which poses a threat to the
commercial capital of India which is to be converted
into a "smart city". As far as this city is
concerned, substantial compliance with the MSW Rules
and the directions issued in the PIL appears to be a
distant dream.
16 Therefore, the first question is the period for
which the extension should be granted and the second
question is, what the conditions, if any, should be
imposed while granting the extension.
Considering the casual and indifferent manner
in which the Authorities have proceeded, grant of a
long extension will make the Authorities complacent
and therefore, the only way to ensure that some
drastic steps are taken by them is to grant a
limited extension for the time being so that the
Court can monitor the progress, if at all an
Application is made for further extension. Hence,
we propose to extend the time till 30th June 2017.
18 Now, we come to the second issue regarding the
conditions which can be imposed. We have perused
the Circular dated 15th February 2016. It is issued
in exercise of the power under section 154 of the
MRTP Act. We have already held that the measures
suggested therein are of no help to restrict the
creation of municipal solid waste unless the DCR is
modified. Therefore, the State Government will have
to take steps either on its own or by directing the
Mumbai Municipal Corporation to initiate process of
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26 cai221-110
the necessary modification to the DCR. This process
will take some time. Thus, it is not easy to
implement the directions given under section 154 of
the MRTP Act. For complying with the first direction
of setting up facilities for processing bio-
degradable wates, the said Corporation will find it
difficult to find sites. Setting up adequate
facilities for disposing of the entire quantity of
solid waste generated in the city in terms of the
MSW Rules appears to be a distant dream as the
facilities which will be created by the end of the
year 2019 will take care of only 50% to 60% of the
total quantity.
19 As of today, neither the said Municipal
Corporation nor the State Government have come out
with any solution whatsoever for ensuring that the
quantity of solid waste generated in the city every
day should not increase. As stated earlier, the
affidavit of the Chief Secretary indicates that the
State Government is more worried about the impact of
imposing any restraint on the new constructions in
the city on the real estate industry. At this
stage, we must note that while dealing with the
similar issue concerning the Kalyan Dombivali
Municipal Corporation (KDMC), this Court has imposed
restraints on the grant of building permissions till
the facilities are created in terms of the MSW
Rules. It is true that the learned Advocate General
may be right in making a submission that comparison
cannot be made between the city of Mumbai and city
of Kalyan Dombivali for various reasons.
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20 Finding that the KDMC did not abide by the
provisions of the MSW Rules, this Court in a PIL
passed an interim order preventing grant of
development permissions in the city. The Division
Bench found that there was no possibility of the
Municipal Authority of complying with the MSW Rules.
In another case relating to the Municipal
Corporation of the city of Thane, there was an
assurance given by the Municipal Corporation that
the facilities in terms of the MSW Rules will be
created by the end of October 2017 which will cater
the need of the entire quantity of the municipal
solid waste created every day. Though while
admitting the petition concerning the Municipal
Corporation of the city of Thane, this Court has not
imposed restrictions on the grant of development
permissions, it was made clear in the order that if
it is found that the Municipal Corporation is not
abiding by the assurances, a drastic order imposing
restrictions will be passed.
21 In the present case, we have already held that
at the commencement of the year 2015, the
generation of the municipal solid waste in Mumbai
was about 10,400 MT (including the building waste)
per day and today, it may be of the quantity of at
least 11,000 MT per day. Today, only 3000 MT per
day is being processed in terms of the MSW Rules
which will be at the highest increased to 8,000 MT
per day by the end of the year 2019. By that time,
the per day generation of solid waste in the city
may in all probability reach 15,000 MT.
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22 We have also pointed out that out of the lands
handed over by the State Government, the land at
village Karvale has substantial encroachments upon
it. In fact, in the earlier affidavit of the Chief
Secretary, the stand taken was that the Municipal
Corporation of City of Mumbai should remove the
encroachments. However, when it was pointed out by
this Court that the said Municipal Corporation
cannot exercise statutory powers outside its
territorial jurisdiction, now the State Government
has made a statement that it will take up the work
of removal of the encroachments. An area of 12
Hectare is not yet acquired and placed in the
possession of the said Municipal Corporation.
23 There are large number of constructions going
on in the city. But there is absolutely no
possibility of the said Municipal Corporation
complying the MSW Rules as well as the binding
directions in the judgment and order of this Court
dated 2nd April 2013 in near future. In fact, during
last few years, the State Government has amended DCR
providing for grant of more and more FSI. The State
Government is encouraging unsustainable growth.
Thus, there is a gross breach on the part of the
Municipal Corporation of the statutory provisions of
the MSW Rules. Moreover, there is a gross breach of
the order passed by this Court on 2nd April 2013 in
the PIL. As observed earlier, in fact, this is a fit
case where this Court ought to have rejected the
Application for grant of extension of time and
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29 cai221-110
initiated penal action under section 13 of the said
Act against all those who are responsible for the
violations. Thus, in the city of Mumbai, the
citizens are exposed to pollution thereby violating
their fundamental rights under Article 21 of the
Constitution.
24 The consequences of the failure to abide by
the MSW Rules are writ large on record. We have
already made extensive reference in this order to
the recent incidents of huge fire at Deonar dumping
ground. In the affidavit filed on record by Shri
Rajkumar Sharma on behalf of the intervenors, the
disastrous effects of the fire on the people living
in the proximity of the Deonar site have been
brought on record. The fire increased the pollution
in the entire city to an alarming level. Local
residents were affected by respiratory deceases. The
local Schools were required to be kept closed for
few days. The learned senior counsel representing
the intervenors pointed out that even on Saturday,
27th February 2016 there was a fire on the Deonar
dumping ground. The learned senior counsel further
pointed out the earlier orders passed by this Court
and the proceedings of the Advisory Committee
constituted under the orders of this Court in
another Writ Petition. What is recorded in the
minutes of the meeting of the Advisory Committee
appointed by this Court, which was held way back on
3rd May 2011, is very disturbing. The earlier
contractors who were appointed by the Municipal
Corporation i.e. M/s.Tatva Global Environment
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30 cai221-110
(Deonar) Limited pointed out in the meeting that the
entire area of Deonar dumping ground has been
divided into various zones by the anti-social
elements operating inside the dumping ground. It is
further pointed out that the Closed-Circuit
Television Cameras (for short "CCTV cameras")
installed at the site are not working. There is no
police protection around said site and there are
breaches in the compound wall. We have already
observed in the earlier part of this order that the
fire at Deonar dumping ground has posed a major
danger to the health of the citizens. The Air
Quality Index figures placed on record show that due
to smoke generated by the Deonar fire, alarming
readings of air quality index were recorded in the
city.
25 Going by the stand taken by the said Municipal
Corporation, the capacity of processing of solid
waste at Kanjurmarg is only of 3,000 MT per day.
It is stated that the dumping at Mulund site has
been stopped. Therefore, the only logical conclusion
which can be drawn is that every day a quantity of
at least 7,400 MT of solid waste is being dumped
at Deonar site. There is no protection to the Deonar
site in any manner. The security guards who were
promised to be deployed at the site are not found on
the site. There is no police protection to the
site. As stated earlier, the CCTV cameras are not
working. The No Objection Certificate (NOC) granted
by the Airport Authority of India to the site has
come to an end long back and, therefore, the height
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31 cai221-110
of the ground cannot be increased. In fact, the
Airport Authority of India had re-validated its NOC
for Deonar only upto 12th July 2012 by a letter
dated 7th December 2011. Thus, apart from the
serious issue of the breaches of the provisions of
the MSW Rules and breaches of the orders passed by
this Court, the issue is of the threat to the
health of the citizens of Mumbai. Due to the
breaches on the part of the State Government and the
Municipal Corporation, there is a complete violation
of Article 21 of the Constitution of India.
Though, no case is made out for grant of
extension of time, we are extending the time only
with the hope that the State Government as well as
the Municipal Corporation will take up speedy steps
as pointed out earlier. The Secretary In-charge of
the Urban Development Department is responsible for
implementation of the provisions of the MSW Rules in
the metropolitan cities. Thus, apart from the
Municipal Corporation, the State Government is
equally responsible for implementation of the MSW
Rules, more so when it is its responsibility to
procure the land for landfill sites for the benefit
of the city of Mumbai. Unless drastic conditions are
imposed for the grant of extension of time, neither
the State Government nor the Municipal Corporation
will take any serious steps. The culpable inaction
of the Authorities for all these years is the cause
of the serious situation in the city. In the
earlier part of this order, we have already made a
reference to the last affidavit dated 15 th February
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32 cai221-110
2016 filed by Shri Swadheen Kshatriya, the Chief
Secretary of the Government of Maharashtra. If there
was any seriousness on the part of the State
Government, directions could have been issued by it
to the Municipal Corporation to immediately adopt
the procedure under section 37(1) of the MRTP Act
for the modification of the DCR. Though the State
Government could have issued a direction to comply
with the requirements in a time bound manner, the
State Government has failed to do so.
We have already pointed out the subsequent part
of the affidavit wherein the Chief Secretary has
expressed that the real estate industry will suffer
if there are restrictions imposed on the
development. The learned senior counsel appearing
for the Municipal Corporation has pointed out that
nearly 80% to 85% proposals submitted for
development are in respect of re-development
projects. On one hand there is no real possibility
of any Authority complying with the MSW Rules and on
the other hand, the development by construction of
buildings in the city continues on a very large
scale. There are proposals for grant of additional
FSI by amending the DCR. We are, therefore, of the
view that, in case of certain development proposals,
restrictions will have to be imposed. More so,
because neither the State Government nor the
Municipal Corporation has bothered to make a
scientific assessment of the impact of large scale
constructions going on in the city on the generation
of the municipal solid waste in the city. Without
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33 cai221-110
doing any such scientific study, a contention is
sought to be raised by the State Government that
there is nothing on record to show that the
constructions which are coming up in the city,
will have any major impact on the quantum of solid
waste generation in the city. Prima facie, it is
very difficult to accept the contention. In any
case, this contention could not have been raised
without making a scientific study. It is obvious
that more and more constructions in the city will
increase population density which will generate
more and more municipal solid waste as also
construction waste.
28 We are conscious of the fact that in the city
of Mumbai there are large number of re-development
projects which are going on and the occupants of the
existing premises might have vacated their
respective premises. Therefore, for the time
being, we do not propose to impose any restrictions
on the grant of the proposals/Applications for the
re-development projects including the construction
of sale component buildings. However, the
restrictions will have to be imposed on
consideration of fresh proposals/ Applications
submitted for new construction of the buildings for
residential or commercial purposes. The restrictions
will have to be imposed on the implementation of the
provisions of the DCR for grant of additional FSI
which will be incorporated hereafter by amending the
DCR. After imposing the restrictions as a condition
for grant of extension of time, we propose to grant
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34 cai221-110
liberty to the State Government to apply for
modification of the order after making compliances.
The State Government will have to amend the DCR to
give effect to the directions issued on 15th February
2016 under section 154 of the MRTP Act. The
facilities for processing the bio-degradable waste
will have to be created in the city by the said
Corporation in terms of the said directions.
Moreover, the said Corporation or the State
Government will have to undertake a scientific
study of the assessment of the impact of the
constructions which are likely come up in the city
during the period of at least ten years from now on
the generation of the municipal solid waste. Another
compliance which can be made is by immediately
providing additional lands on which facilities can
be set up in terms of the MSW Rules so that by the
end of the year 2019, the facilities will be
sufficient to take care of quantity of 15,000 MT per
day of municipal waste.
29 As far as the Deonar site is concerned, we
propose to issue various directions starting with
the constitution of a Monitoring Committee headed by
a retired Civil Servant to monitor the activities at
the site. The learned Government Pleader stated that
Shri Rahul Asthana (IAS), a retired Civil Servant,
who has worked as an Additional Municipal
Commissioner of the Mumbai Municipal Corporation for
three years, can be appointed to head the Committee
as he has shown his willingness to take up the
responsibility. It will be necessary to nominate a
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35 cai221-110
senior retired IPS Officer to be a part of the said
Committee. Moreover, a renowned expert in the
field of environment should also be a part of the
committee. We propose that a reputed institution,
either the Indian Institute of Technology,Mumbai
(for short "IIT") or the National Environmental
Engineering Research Institute (for short "NEERI")
should be appointed to not only give suggestions
regarding the measures to be taken for the proper
maintenance of the site at Deonar till the
compliance of the MSW Rules, but also to supervise
the measures taken by the Municipal Corporation. A
representative of IIT or NEERI, as the case may be,
will be the fourth member of the Monitoring
Committee appointed by this Court. We propose to
appoint Shri Rajkumar Sharma, who has filed number
of petitions on the issue of Deonar ground, as the
fifth member of the Committee. The State Government
will have to nominate any Deputy Police Commissioner
as the officer in-charge of the security of the
entire site. As per the recommendations of the
Monitoring Committee, adequate number of police
personnel will have to be posted for the protection
of the site as it is noted in the minutes of the
Advisory Committee that the site has been taken over
by the anti-social elements. If necessary,
deployment of the State Reserve Police Force at site
will have to be made. All necessary and immediate
measures will have to be undertaken by the Municipal
Corporation including the construction of compound
wall or fencing, installation of CCTV cameras etc.
as may be recommended by the Monitoring Committee
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and the expert agency (IIT OR NEERI) appointed by
the Municipal Corporation. The Municipal Corporation
will have to nominate a Senior Officer not below the
rank of a Deputy Commissioner who will be
responsible for the implementation of the
recommendations of IIT or NEERI, as the case may be,
and the Monitoring Committee. The said Officer
shall be the Secretary of the Monitoring Committee .
30 Hence, we dispose of the Applications by
passing the following order:
ig O R D E R
(i)The Mumbai Municipal Corporation is hereby
granted time till 30th June 2017 to comply with the
directions contained in the judgment and order dated
2nd April 2013 passed in Writ Petition No.1740/1998
and other connected matters including PIL No.217 of
2009. Within the extended time, the Mumbai Municipal
Corporation shall establish all the facilities in
terms of the directions issued in the judgment and
order dated 2nd April 2013 which will be capable of
processing municipal solid waste of the quantity of
at least 11,000 MT per day. Needless to state that
the said facilities shall be strictly in accordance
with the MSW Rules. The prayer for extension of time
is granted as above, subject to the following
conditions:
(a) The development permissions/IOD shall
not be granted by either the said Municipal
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37 cai221-110
Corporation or the State Government on the
Applications/proposals submitted from 1st
March 2016 for construction of new
buildings for residential or commercial use
including Malls, Hotels and Restaurants.
Such Applications shall be processed, but
the IOD and/or commencement certificate
shall not be issued. It is obvious that in
view of this restraint, no one can take
advantage of deeming provisions in the DCR
and MRTP Act. Needless to state that this
condition will not apply to all the
redevelopment projects covered by the
clauses (5), (6), (7) (8), (9) and (10) of
the DCR No. 33. This condition will not
apply to the buildings proposed to be
constructed for the hospitals or
educational institutions. The condition
shall not apply for consideration of the
proposals for repairs/reconstruction of the
existing buildings which do not involve use
of any additional FSI in addition to the
FSI already consumed. These restrictions
shall apply only to the Applications/
proposals submitted from tomorrow i.e. 1st
March 2016;
(b) The State Government and/or the
Municipal Corporation shall undertake a
scientific assessment of impact on the
generation of the municipal solid waste
including construction waste in the city by
construction of new buildings and new
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38 cai221-110
development projects. The study shall
include the assessment of the impact of the
constructions likely to come up in the city
for a period of at least 10 years. The
State Government shall also take all the
steps for the implementation of the
directions in the circular issued on 15th
February 2016 in accordance with section
154 of the MRTP Act;
(c) Even if there is an amendment of the
DCR made hereafter providing for grant of
additional FSI in the city, the benefit of
the same shall not be extended to the
building proposals/ Applications for
development permissions including for the
re-development projects submitted from
tomorrow;
(d) Immediate steps shall be taken for
amending the Development Control
Regulations not only for giving effect to
the directions issued in terms of the
Circular dated 15th February 2016 but also
for incorporating the suggestions in
paragraph- 2.2 of the additional affidavit
of Shri Swadheen Kshatriya dated 15 th
February 2016;
(ii) After completion of scientific study of the
impact assessment as indicated above through a
reputed agency; after carrying out amendment to the
DCR as stated above; and after setting up
facilities in various wards for segregating bio-
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39 cai221-110
degradable waste from dry waste and its disposal as
suggested in clause 2.1 of the affidavit dated 15 th
February 2016 of Shri Kshatriya, it will be open for
the State Government as well as the Municipal
Corporation to apply for modification of the
conditions imposed above;
(iii)We direct the State Government to nominate an
Officer in terms of Rule 5 of the MSW Rules who will
be over all responsible for the enforcement of the
MSW Rules in the State;
(iv) As far as Deonar dumping ground is concerned,
the Municipal Corporation shall forthwith engage the
services of IIT or NEERI as consultants to suggest
the measures for properly maintaining the site till
proper facility is created thereon as per the MSW
Rules. The said agency shall be appointed not only
to suggest measures but the also to supervise the
implementation of the measures;
(v) A Monitoring Committee shall be constituted by
the Mumbai Municipal Corporation for monitoring the
maintenance of the site of the Deonar ground. The
Monitoring Committee shall consist of (1) Shri Rahul
Asthana, IAS (Retired) as the Chairman; (2) A
retired Senior IPS Officer nominated by the State
Government; (3) a representative nominated by IIT
or NEERI, as the case may; (4) an Expert of repute
in the field of Environment; and (5) Shri Rajkumar
Sharma. The said Committee shall be constituted as
expeditiously as possible and in any event, within a
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40 cai221-110
period of six weeks from today. The Committee shall
start functioning even before a representative is
nominated by the IIT or NEERI, as the case may be.
The committee shall recommend all necessary measures
for the proper maintenance of the said site
especially the safety measures. The Committee shall
be entitled to issue necessary directions to the
said Corporation and the Deputy Commissioner of
Police appointed as per the directions issued under
this order;
(vi) The said Municipal Corporation shall provide
for payment of an adequate remuneration to the
members of the Monitoring Committee. All
arrangements for transport and other facilities
shall be made available to the members of the
Committee. An office premises with all the
facilities and staff shall be made available to the
Monitoring Committee.
(vii)The Municipal Corporation shall nominate any
Officer not below the rank of Deputy Commissioner as
in-charge of the Deonar site. Such Officer shall
be nominated within a period of three weeks from
today. The Officer so nominated shall be responsible
for implementing the suggestions given by the IIT or
NEERI, as the case may be, and/or by the Monitoring
Committee. The said Officer shall also act as the
Secretary of the Monitoring Committee. He shall
attend the meetings of the Committee as its
Secretary;
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41 cai221-110
(viii)We direct the State Government to nominate any
Officer not below the rank of a Deputy Commissioner
of Police who will be in-charge of the protection of
the Deonar site from the anti-social elements. The
appointment shall be made within a period of three
weeks from today. As per the suggestions of the
Monitoring Committee, adequate number of police
personnel shall be deployed by the said Officer at
the site. He will be guided by the Monitoring
Committee. Till the constitution of the Monitoring
Committee, the State Government shall place such
number of police personnel as may be required by
the Deputy Commissioner so appointed. If necessary,
the State Reserve Police shall be deployed.;
(ix)Pending the constitution of the Monitoring
Committee and the recommendations of the Committee
as well as IIT or NEERI, immediate steps shall be
taken by the said Corporation to construct a
fencing or compound wall around the Deonar site;
(x) Pending the constitution of the Monitoring
Committee, the Municipal Corporation shall take
steps for installing CCTV cameras at various
strategic locations in and around the Deonar site;
(xi)The Municipal Corporation shall take immediate
steps for removal of encroachments made on the
Deonar site by construction of structures. The
Deputy Commissioner of Police nominated as above
shall deploy adequate police force for the
assistance and protection of the Municipal staff for
This Order is modified/corrected by Speaking to Minutes Order dated 30/03/2016
42 cai221-110
the work of removal of encroachments;
(xii) We make it clear that the Municipal
Corporation shall abide by the recommendations of
the IIT or NEERI, as the case may be and the
Monitoring Committee appointed under the orders of
this Court for the management of the Deonar site
till the facility as per the MSW Rules is
established;
(xiii)As the Municipal Corporation will be bound by
the recommendations of the IIT or NEERI, as the case
may be and the Monitoring Committee, at this stage,
we are not issuing any further directions as regards
the Deonar site;
(xiv)If the Monitoring Committee is of the view that
further directions are necessary for the protection
and maintenance of the site at Deonar, the
Monitoring Committee is free to make an Application
to this Court through its Secretary for seeking
appropriate directions;
(xv) We must add here that the Secretary of the
Urban Development Department nominated by the State
Government in terms of Rule 5 of the MSW Rules shall
be invited to attend the meeting of the Monitoring
Committee as a special invitee. The Deputy
Commissioner of the Police appointed as above shall
attend the meeting of the Monitoring Committee as
and when required by the Committee;
This Order is modified/corrected by Speaking to Minutes Order dated 30/03/2016
43 cai221-110
(xvi)The Application made by the Municipal
Corporation as well as the Application for
intervention are disposed of in the above terms.
(C.V.BHADANG,J.) (A.S.OKA,J.)
