Mumbai: Bombay high court said there must be permanent dumping sites without human habitation around them so that it does not affect the rights of citizens to a pollution-free environment. “There cannot be an ad hoc-ism on such issues and more particularly concerning the prejudice being caused to lakhs of brother and sister citizens, who are residing in the vicinity of the dumping grounds, as dumping grounds literally form an integral part of the city,” Justices Girish Kulkarni and Arif Doctor said on Monday.The judges heard a petition by NGO Vanashakti, challenging the environmental clearance granted by the State Environment Impact Assessment Authority for using Kanjurmarg as a dumping ground. They noted that the petition involves “seminal issues of public importance”, among others, disposal of municipal solid waste. They opined, prima facie, the state govt, BMC, and adjoining municipal corporations in Mumbai metro region “need to give a serious thought to consequences of municipal dumping grounds being located in city areas and more particularly when they are surrounded by large human habitation”.They said it is for such a reason that scientific thought, a robust mechanism in considering such issues and identifying appropriate areas adhering to norms for protecting the environment and ecology, to create and maintain a pollution-free atmosphere “is the need of the hour”.The judges said permanent facilities are required to be made available with no development zones or human habitation around such sites. They said it cannot be said pollution from dumping grounds would only affect surrounding areas/human habitation in the vicinity, “it would also pollute other parts of the city by air currents, and contribute to overall pollution which already exists in… Mumbai”.“…Only those who suffer such pollution know their plight.” They said this needs to be “realistically considered by those who are at the helm of affairs”.The judges said if it is correct that pollution from dumping sites in Mumbai is causing “intolerable sufferance” to a large segment of population, “it certainly needs to be believed there is a gross failure on the part of the municipal machinery, in protecting the fundamental rights of the citizens to have a clean and pollution-free environment.” Senior advocate Anil Sakhare, for BMC, and state’s advocate Jyoti Chavan assured they would take instructions and inform on Jul 8.
