2023:BHC-OS:9747-DB

6-PILL-33884-2022

Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

PUBLIC INTERET LITIGATION (L) NO. 33884 OF 2022

WITH
INTERIM APPLICATION (L) NO. 4441 OF 2023

Govandi New Sangam Welfare

Society .. Petitioner

Versus

The State of Maharashtra & Ors. .. Respondents

Mr. Zaman Ali a/w Mr. Neil Pais for petitioner.

Mr. Milind More, Addl. Government Pleader for respondent
no.1/State.
Mr. Sachindra B. Shetye a/w Mr. Irfan A. Shaikh for
respondent nos.2 and 3/MPCB.
Mr. Anoop Patil a/w Ms. Oorja Dhond i/by S. K. Sonawane for
respondent no.4/MCGM.
Mr. Aspi Chinoy, Senior Advocate a/w Ms. Nikita K. Dharamshi
for respondent no.5.
Mr. C. M. Lokesh for respondent no.6/CPCB.
Ms. Afrin Khan i/by Mateen Shaikh for applicant in
IAL/4441/2023.

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &

ARIF S. DOCTOR, J.

DATE: 11th SEPTEMBER, 2023

P.C.:

1. Heard Mr. Zaman Ali, learned counsel representing the

petitioner, Mr. More, learned Additional Government Pleader
representing the respondent no.1/State of Maharashtra, Mr.
Shetye, learned counsel representing the respondent nos.2

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and 3/MPCB, Mr. Patil, learned counsel representing the

respondent no.4/MCGM, Mr. Chinoy, learned senior counsel
representing the respondent no.5 and Mr. Lokesh, learned
counsel representing the respondent no.6/CPCB.

2. This Public Interest Litigation petition seeks appropriate

directions to be issued by the Court to the respondent no.4/
Municipal Corporation of Greater Mumbai (hereinafter referred
to as “the MCGM”) and other responsible authorities to make
appropriate arrangement for treatment of bio-medical waste
at Govandi. According to the petitioner, the facility of bio-
medical waste treatment at Govandi Plant is not adequate and
as a matter of fact the incinerator put therein is the cause of
major pollution in the area which is affecting large number of
population living in the vicinity.

3. Alleging certain non-compliances and flaws by the

respondent no.5 in running the said plant, it has also been
urged in the PIL petition that the Maharashtra Pollution
Control Board (hereinafter referred to as “the
MPCB”)/respondent no.3 be directed to impose appropriate
environmental compensation upon the respondent
no.5/contractor as per the guidelines available on the basis of
“Polluter Pays” principle.

4. The Court it is order dated 11th August, 2023 had noted

a tentative timeline given by the respondent no.5 for
establishment of the new incinerator at a different place.
Having considered the said timeline, the Court had directed
the Member Secretary of the MPCB to hold a meeting with the
representative of the respondent no.5 along with the
representative of the MCGM to find out as to how 13 months’

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period likely to be taken for completion of construction of

plant from the date of grant of environmental clearance can
be reduced. Pursuant to the said order, a meeting of the
officers along with the representative of the respondent no.5
was held on 22nd August, 2023, wherein following decisions
have been taken: -

Sr. Points Decision

No.
1. Obtaining the Plot in M/s. SMS Envoclean
MIDC Area Pvt. Ltd. shall expedite
the payment to MIDC
for allotment of the plot
at the earliest.
2. MPCB to consider The Member Secretary,
and take decision on MPCB has directed M/s.
the Application for C SMS Envoclean Pvt. Ltd.
to E with expedition to immediately apply
for Consent to Establish
for setting up of Bio-
Medical Waste
Treatment Facility at
Patalganga – Borivali,
MIDC area. Thereafter,
MPCB will issue Consent
to Establish on priority.
3. The Hon’ble High M/s. SMS Envoclean
Court also directed Pvt. Ltd. informed that
that a decision for they will carry out
grant of EC by the Rapid EIA Study as per
SEIAA/SEAC shall Guidelines issued by
also be given in the MoEF & CC, Govt. of
minimum possible India of the land at
time. Patalganga-Borivali,
MIDC area immediately
once the plot is allotted
and submit the
application for
Environmental
Clearance to the

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Competent Authority.
3 To reduce the period M/s. SMS Envoclean
of 13 months for Pvt. Ltd. shall reduce
construction of the the timeline for
plant. establishment and
commissioning of
CBMWTSDF to 12
months after obtaining
all the statutory
permissions from the
Government Agencies.

5. Accordingly, it appears that the respondents are moving

in the direction of setting up the new incinerator which is
likely to reduce the pollution level in the area. One of the
decisions taken in the said meeting is that the period likely to
be taken in construction of plant has been reduced from 13
months to 12 months. It has been informed by Shri Chinoy,
learned senior counsel, representing the respondent no.5,
that the payment to Maharashtra Industrial Development
Corporation (MIDC) for allotment of the plot has already been
made and further that directions have been issued by the
MPCB to respondent no.5 to make application seeking consent
to establish the bio-medical waste treatment facility at
Patalganga - Borivali. In the meeting it was also decided that
MPCB shall issue consent to establish the said facility on
priority basis.

6. As regards the Environmental Impact Assessment (EIA)

study, it has been informed by the learned senior counsel
representing the respondent no.5 that immediately after the
monsoon, the study shall be taken up and necessary
application shall be made seeking environmental clearance, to

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the State Environment Impact Assessment Authority/ State

Environment Impact Assessment Committee.

7. In view of the aforesaid, we direct that the new

incinerator facility shall be commissioned within two years
from today. All the authorities, including respondent no.5,
shall be held accountable in case there is any lapse on their
part in establishing the new incinerator facility within two
years from today.

8. We also direct that in the meantime the regular

monitoring of the pollution levels in the area and also
monitoring of the present plant shall be carried out by the
MPCB not only using the online process but also by physical
inspection of the site regularly, say on monthly basis.

9. So far as the prayer made in the PIL petition relating to

environmental compensation is concerned, in our considered
opinion, the issue can be better adjudicated by the National
Green Tribunal (hereinafter referred to as “the NGT”). Thus,
for prayer clause (b), which is extracted herein-below, we
leave it open to the petitioner to approach the NGT where it
will have all the pleas available to it to be raised.

“(b) That this Hon’ble Court be pleased to issue a

writ of mandamus or any other appropriate writ order
or direction directing Respondent No.3 to impose
appropriate environmental compensation on
Respondent No.5 under the Polluter Pays principle, as
per the formula fixed by CPCB’s 2019 Guidelines on
imposition of environmental compensation and collect
the same for the purposes of improving the
environment in Govandi in a time-bound manner.”
10. We further provide that in case the petitioner
approaches the NGT for grant of above quoted prayer (b), the

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proceedings before the NGT shall be expedited and completed

as early as possible, in accordance with law.

11. We make it clear that we have not made any observation

as to the merit of the claim of the parties so far as prayer
clause (b) is concerned, which shall be adjudicated by the
NGT after hearing and giving opportunity to present their
respective cases, to the respective parties.

12. The PIL petition stands disposed of in the aforesaid

terms.

13. All pending applications stand disposed of.

(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)

Digitally
signed by
PRAVIN
PRAVIN DASHARATH
DASHARATH PANDIT
PANDIT Date:
2023.09.12
11:00:27
+0530

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