Disposed

Misc Application in disposed of cases No. 19/2024 in Original Application No. 205/2024 of Nagri Hakka Sangarsh Samiti v. Mira Bhayander Municipal Corporation

NGT7 Sept 2026Misc Application in disposed of cases No. 19/2024 in Original Application No. 205/2024

Case brief

AI extract

What is this about?

The NTG addressed a miscellaneous application regarding the compliance of solid waste management practices at a facility in Uttan-Pali. The Court held that shifting or closing the plant was not feasible while a suitable alternative site remained unavailable. However, it directed the corporation to obtain environmental clearance and cleared the legacy waste within 3 months.

What did the court decide?

Direction to obtain Environmental Clearance within 3 months; direction to remove legacy waste and deposit Environmental Compensation within 3 months; no direction to close or shift the plant at presen

Misc Application in disposed of cases No. 19/2024 in… — Environment and Pollution | NGT (2026)

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BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

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THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

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MISC. APPLICATION NO.19 OF 2024(WZ) EARLIER

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[ORIGINAL APPLICATION NO.205 OF 2024(WZ)]

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IN THE MATTER OF:

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1. Nagri Hakka Sangarsh Samiti

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At Uttan Karaipada, P.O. Uttan, District Thane – 401 106

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2. Dongri Chowk Gao Mandal

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At Dongri Village, Divisional Municipal Office, Dongri, Post Uttan, Thane- 401 106

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3. Tarodi Dongri Stanik Christian

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Residence Sarvajanik Society At Tarodi, P.O. Uttan, Thane – 401 106

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4. Shree Maruti Devasthan

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At Post Uttan, Bhayander (W), Thane – 401 106

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5. Uttan Sunnat Jamaat

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At Karai Mohalla, Post Uttan, Bhayander (W), Thane – 401 106

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6. Madrasa Darul Falah Trust

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At Kadai Pada, Pali Road, Utta, Bhayander (W), Thane – 40 106

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7. Vailankini Mata Mahila Mandal

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At Uttan Bhatebunder, Vailankini Church Road, Bhayander (W), Post Uttan, Thane – 401 106

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8. Dongri Chowk Gao Jamaat

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At Dongri Chowk Gaav Jamat Hall, Dongri Chowk, Next to St. Andrew’s Church, Post Uttan, Bhayander, District Thane – 401 103

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9. Dharavi Bet Jana Aakrosh Morcha

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At Devtal, Post Uttan, Bhayander (W), Thane – 401 103

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10. Angelleandra’s Ray of Hope Foundation At Freeda Cottage, Sr. Xviers Paalkhadi Road, Keshav Srishti Bus Stop, Utta Post, Bhanaynder (W), Thane – 401 106

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Miscellaneous Application No. 19 OF 2024

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…..Applicants

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Versus

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1. Mira Bhayander Municipal Corporation At Post – Chattrapati Shivaji Marg, Bhayander (West), Thane- 401 101 2. Maharashtra Pollution Control Board At Kalpataru Point, 2^nd Floor, Sion Circle, Sion (East) Mumbai – 400 011 3. Central Pollution Control Board Parivesh Bhawan, East Arjun Nagar, Delhi – 110032 4. State of Maharashtra through the Urban Development Department Madam Cama Road, Mantralaya Road, Mumbai – 400 032 5. Union of India through the Ministry of Environment, Forest And Climate Change Indira Paryavaran Bhawan, Jorbagh Road, New Delhi – 110 003 6. District Collector, Thane First Floor, Collector Office, Court Nakan, Thane West – 400 601 .....Respondents Counsel for the Applicants:

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Ms. Meenaz Kakalia, Advocate

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Counsel for the Respondents:

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Mr. R.B. Mahabal, Advocate for R-1 Ms. Manasi Joshi Advocate for R-2 Mr. Aniruddha Kulkarni, Advocate for R-3 Mr. Pushkal Mishra, Advocate a/w Mr. Jay Vishwanath Pandey, Advocate for R-5 Mr. Sachin Gore, Adv. for R-6

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PRESENT:

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Hon’ble Mr. Justice Dinesh Kumar Singh (Judicial Member) Hon’ble Dr. Sujit Kumar Bajpayee (Expert Member)

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Miscellaneous Application No. 19 OF 2024

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Reserved on : 07.07.2026 Pronounced on : 07.09.2026

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JUDGEMENT

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This miscellaneous application has been filed with the prayers that closure direction be issued for dumping ground run by the Respondent No.1- Mira Bhayander Municipal Corporation located at Survey No. 25 and 65 at Village Uttan-Pali; Direct the Respondent No.1 to find a suitable site elsewhere for locating the solid waste management facility adhering to the site selection criteria stipulated under the SWM Rules, 2016; Direct the Respondent No.1 to ensure the bio-remediation and capping of the dumping ground site located at survey No. 25 and 65 at Village Pali, Uttan within a period of 1 year; Direct the Respondents No.2 – MPCB, Respondents No.3- CPCB, Respondents No.4- Urban Development Department, State of Maharashtra, Respondents No.5- MoEF&CC and Respondents No.6- District Collector, Thane to take appropriate measures for the restoration of the environment at the site and around the dumping ground.

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Mira Bhayander which is part of the Mumbai Metropolitan Region, is a city located in Thane District and has a population of over 10 lakhs. The waste generated by the entire city is transported to a dumping ground located on Uttan Dhavagi Hill in a Village known as Uttan-Pali, a coastal town located to the north of Mumbai. Nearly 500-600 metric tonnes of waste including waste generated by hotels, hospitals and commercial establishments is dumped at the said site on the daily basis.

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From the very inception resident of this area have opposed this plan pointing out that it was located in close proximity to human habitations and therefore, that locating a dumping ground on a hill was unsuitable

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and would lead to leachate and other waste from the dumping ground flowing into fields and water bodies located downhill thereby having deleterious impact on the health and wellbeing of the residents. However, the dumping ground was set up in 2009 despite the strong objections being raised by the residents. In close proximity to the dumping ground site is the Arabian Sea. The dumping ground is surrounded on all 4 sides by habitations.

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In December 2002 the District Collector handed over this land to Respondent No.1- Mira Bhayander Municipal Corporation for a "Waste Management Project". These land were demarcated as partly "hill" and partly "no development zone" ("NDZ") in the sanctioned development plan for Mira Bhayander Municipal Corporation. Without following the procedure laid down under the Maharashtra Regional and Town Planning Act, 1966, the reservation of the land was changed from, NDZ to "waste management project". The requirement of obtaining objections and suggestion from the public before the amendment of the Development Plan was arbitrarily done away with.

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The so-called "solid waste management project", was nothing more than a dumping ground, started in the year 2009. Huge amounts of unsegregated garbage was being dumped on this land. No treatment of this waste led to the degradation of this land. The leachate formed due to the decaying of the unsegregated wet waste would travel downhill into the water bodies surrounding the dumping ground, which ultimately made their way to the sea. Leachate flows into the nallahs through which they would enter agricultural lands and cause damage to crops. Fertile lands have been made uncultivable because of the damage to land. The wind blowing from the west would carry with it the strong stench and odour as

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Miscellaneous Application No. 19 OF 2024

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well as the polluted air from the dumping ground. This led to the suffering of local residents from various respiratory and lung diseases.

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In 2009 a PIL came to be filed before the Bombay High Court by one William Malu, being Writ Petition No. 231 of 2009 seeking directions that the dumping ground be moved out of Village Pali, Uttan due to the serious impacts on the well-being, health and livelihood of the residents. The PIL also sought to assail the change in the reservation of the land from a nodevelopment zone to that of a "solid waste management project". By an order dated 1^st July 2010 the Hon’ble Bombay High Court referred the issues raised to the Director of the Town and Country Planning Department of the State of Maharashtra. Pursuant to that the Government of Maharashtra issued a Government Resolution ("GR") dated 14th December 2010 by which it was resolved to shift the existing MSW operations from Village Uttan-Pali, Uttan to Sakwar located in Vasai.

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In spite of that, no steps were taken by the Respondent No.1 to act on the GR dated 14th December 2010. The operations at the MSW site in Uttan- Pali continued and in fact a larger area of the hill was being reclaimed and used for dumping unsegregated waste.

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In light of the continued use of the site to dump garbage without any processing or scientific treatment and the deleterious impact on the health of the local residents, an application under Section 16 of the National Green Tribunal Act, 2010 came to be filed by the Applicants herein before this Tribunal (O.A. No. 65 of 2015).

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By an order dated 21st July 2015 passed in the said matter, this Tribunal took note of the GR dated 14th December 2010 and the fact that the only impediment in shifting the dumping ground to Village Sakwar appeared to be obtaining forest clearance. This Tribunal thus directed

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Miscellaneous Application No. 19 OF 2024

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Chief Conservator of Forests of the concerned division to complete the process as per law within a period of 3 months. In the order dated 21^st July 2015 this Tribunal passed following order :-

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"It is but natural that in the intervening period of more than 18 months, the MSW dumping at the present site will continue and same problem will be faced by the villagers of Pali regularly."

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In light of above stop gap arrangement, the Respondent No.1 was directed to deposit an amount of Rs.70 crores with the Divisional Commissioner in an escrow account. The Konkan Commissioner was directed, in consultation with the MPC, NEERI or IIT to utilise this amount to set up a small scientific incinerator or other appropriate MSW Management system or improve the existing plant. A committee headed by the Divisional Commissioner and comprising of the Commissioner of the Respondent No.1 and the Respondent No.2- MPCB and Respondent No.4 – Urban Development Department, State of Maharashtra was constituted to make recommendations on the manner in which the MSW facilities could be suitably shifted. The Committee would be free to seek technical advice by engaging a consultant as deemed appropriate. This Tribunal directed that if the amount of Rs.70 crores was not deposited within a period of 4 weeks, the Divisional Commissioner would be free to instruct the Respondent No.4- Urban Development Department, State of Maharashtra to take appropriate steps for recovery of the amount.

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The Respondent No.1 sought to challenge the order dated 21^st July 2015 before the Hon’ble Bombay High Court vide Writ Petition No. 8445 of 2015. In the said proceedings the Hon’ble High Court passed an order dated 26th August 2015 noting the statement signed by the Dy. Municipal Commissioner stating that the Corporation was making endeavours to set

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Miscellaneous Application No. 19 OF 2024

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up another MSW facility at Sakvar Village in Vasai and was awaiting approvals from the State Government and other authorities.

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The Hon’ble Bombay High Court granted ad-interim relief to the Respondent No.1 by staying the deposit of Rs.70 crores and granted liberty to the Respondent No.1 to make a representation before the competent Authority. The Committee constituted by this Tribunal chaired by Divisional Commissioner was directed to act as Local Committee to work in tandem with yet another committee constituted by the Hon’ble Bombay High Court in separate proceedings which was headed by the Chief Secretary.

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This Tribunal passed an order dated 27th October 2015 directing a Committee comprising of the Principal Scientific Officer, Joint Director (Water Pollution) and MPCB to visit MSW site and make recommendations for handling MSW waste in a scientific manner. This Tribunal further directed the deposit of Rs.70 crores as directed in the earlier order since, it noted, that the stay order granted by the Hon’ble Bombay High Court vide its order dated 26th August 2015 was conditional on compliance with certain conditions which the Respondent No.1 failed to meet.

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This order too came to be stayed by the Hon’ble Bombay High Court in Writ Petition No.8445 of 2015 vide order dated 7^th December 2015. The Hon’ble High Court also stayed the proceedings in O.A. 65 of 2015 before this Tribunal. However, it noted - "It is clarified that the place where dumping is done, is only by way of stop-gap arrangement and when the new Plant is commissioned, the solid waste would be processed at the new place namely at Village Sakvar, Taluka Vasai."

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In the said proceedings before the Hon’ble High Court, the Respondent No.1 submitted a report prepared by the Indian Institute of

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Miscellaneous Application No. 19 OF 2024

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Technology ("IIT") which highlighted the serious condition prevailing due to frequent fires and leachate from the existing dumping ground. The presence of several heavy metals including nickel, chromium, zinc etc. were reported to be found in the leachate and expressed serious concerns of ground and soil pollution. It contained suggestions with respect to the steps that were required to be taken by the Respondent No.1 to ensure compliance with the erstwhile Municipal Solid Waste (Management and Handling) Rules, 2000. The Respondent No.1 claimed that pursuant to the recommendations of the report, it had issued tenders for waste management and disposal.

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The proceedings before the Hon’ble Bombay High Court were eventually disposed of by an order dated 21st September 2016. The order noted that the interim order staying the deposit of Rs.70 crores was to continue till November 2016. Further, the stay on the proceedings before this Tribunal in O.A. 65 of 2015 was vacated and the matter was directed to proceed further. With regard to the deposit of Rs.70 crores, the Hon'ble High Court left it open for the Respondent No.1 to approach the Hon'ble Supreme Court or this Tribunal seeking a review of the directions in light of alleged progress made in establishment of solid waste management unit.

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Pursuant to the order dated 21^st September 2016 passed by the Hon'ble Bombay High Court, the Respondent No.1 filed an application (Miscellaneous Application No. 363 of 2016) before this Tribunal seeking recall/modification of the order dated 21^st July 2015. It was claimed by the Respondent No.1 that it did not have the requisite funds to comply with the order dated 21^st July 2015. In light of this claim, this Tribunal directed the Commissioner and Deputy Commissioner of the Respondent No.1 to place material in support of this claim and requested their personal appearance.

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Miscellaneous Application No. 19 OF 2024

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Vide order dated 3rd February 2017, this Tribunal modified its earlier order and directed the Respondent No.1 to deposit an amount of Rs.20 crores. It was noted that this was as a stop gap arrangement subject to the satisfactory operation of the waste management facility that was proposed to be set up.

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The Respondent No.1 filed an Appeal under Section 20 of the NGT Act against the order dated 3rd February 2017 before the Hon'ble Supreme Court (vide Civil Appeal No.3701 of 2017). The Hon'ble Supreme Court stayed the deposit of Rs.20 crores subject to an affidavit being filed by the Respondent No.1 giving details of contract awarded for MSW treatment. The Hon'ble Supreme Court was not satisfied with it and granted further time to the Respondent No.1 to file a better affidavit.

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By an order dated 21^st July 2017 the Hon'ble Supreme Court noted that the affidavit of the Respondent No.1 was "doing virtually nothing to remove the solid waste" at the dumping ground site. While further time was granted to file the affidavit, the Respondent No.1 was directed to deposit Rs.5 crores in the Registry of the Supreme Court within a period of 4 weeks which was directed to be kept in a Fixed Deposit.

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In the meantime, in the proceedings before this Tribunal, the continued environmental degradation being caused by the dumping ground was noted in numerous orders passed between December, 2016 and December, 2017. This Tribunal noted that the efforts taken by the Respondent No.1 were not commensurate with the amount of waste generated within the limits of the Municipal Corporation and that the problem was being compounded on a day-to-day basis.

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While these proceedings were pending before the Western Zone Bench of this Tribunal, the Principal Bench of the NGT took up the issue

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Miscellaneous Application No. 19 OF 2024

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concerning the improper disposal of solid waste and the failure of the concerned authorities to implement the Solid Waste Management Rules, 2016 throughout the country. In the said proceedings a detailed order dated 20th August 2018 was passed constituting committees at the District, State and National level with respect to the compliance with the Solid Waste Management Rules, 2016. The Principal Bench of the NGT directed the constitution of Apex Monitoring Committee, Regional Monitoring Committee and State Level Monitoring Committee.

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Noting the aforementioned order passed by the Principal Bench, this Tribunal vide order dated 7^th September 2018 granted liberty to the Applicants to approach the concerned authority for the expeditious redressal of their grievance and disposed of O.A. No. 65 of 2015 in terms of the said directions. These Committees were directed to function for only a period of 1 year.

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In spite of these protracted proceedings before this Tribunal, the Hon’ble Bombay High Court and the Hon’ble Supreme Court, the Respondent No.1 continues to operate the dumping ground with total disregard to the SWM Rules and the health, well-being and livelihood of the residents.

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Nearly 500 metric tonnes of garbage is brought to the dumping ground on a daily basis. Out of this only 300 metric tonnes is treated while 200 metric tonnes is being dumped without treatment. Over 50,000 metric tonnes of waste has been dumped at this site. The legacy waste that has been generated since the year 2009 has piled up in towering heaps and is often set on fire since no measures have been taken by the Respondent No.1 for bioremediation of this legacy waste. It may be noted that local sources of water are used to douse these fires, thereby depleting the

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Miscellaneous Application No. 19 OF 2024

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limited resources of the locals. This dumping of garbage has led to farmlands turning infertile and has posed a threat to the livelihood of farmers.

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Between 2018 and 2020 the Municipal Commissioner of the Respondent No.1 Corporation convened a number of meetings to which the members of the Applicant organization (under the banner of Jan Acrosh Samittee) were also invited to discuss the issue of moving the dumping ground outside Uttan-Pali. At each of these meetings assurances were provided that the dumping ground would be shut down in a phased manner and in its place 10 smaller waste processing facilities would be set up across Mira Bhayander, which is noted in the minutes of meeting dated 2nd July 2018.

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The Applicants were assured that these sites had been identified and an agency to run the waste processing facility had been selected. However, no steps were taken to set-up those sites as assured and the dumping ground at Uttan-Pali continued to operate.

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During the COVID-19 pandemic no further progress was made in the matter. In 2022 the Applicants once again raised the issue with the concerned officials. The Applicants were once again assured that dumping ground at Uttan-Pali would be closed in a phased manner and 10 smaller waste processing sites would be set up in Mira Bhayander.

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The Applicants were hopeful that the grievances raised would be addressed by the Respondent Authorities, but it did not happen, hence the applicants are constrained to file the present proceedings.

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Over 200 trucks carrying garbage from the entire city of Mira Bhayander ply back and forth on the roads leading to and from the

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dumping ground at Uttan-Pali leaving a trail of leachate on the road, which had led to many accidents on these roads, particularly of twowheelers that skid, lose balance and fall on the slippery leachate.

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Each garbage trucks travels over 20 kms. for each trip from the source of collection to the dumping ground. Thus, a significant amount of time and resources is spent just to transport the garbage from its source to the dumping ground. Therefore, decentralising the facilities would address not only the environmental issues raised, but would save the Respondent No.1 a significant amount of financial resources.

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As per the estimates of applicants at least 500-600 metric tonnes of unsegregated solid waste is being dumped on the site on a daily basis as against the permissible capacity of 400 metric tonnes.

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Following non-compliance of various environmental regulations on the part of the Respondent No.1 have been pointed out:-

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(I) Failure to obtain Prior Environmental Clearance under the provisions of the EIA Notification, 2006.

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The list of project or activities requiring prior environmental clearance is set out in Schedule I of the EIA Notification, 2006. Item 7(i) of the said Schedule lists "Common Municipal Solid Waste Management Facility" as one of the categories of projects requiring prior environmental clearance from the State Government. Admittedly, the facility run by the Respondent No.1 at Village Pali is meant to be a municipal solid waste management facility.

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The Applicants herein filed an RTI Application with the Respondent No.1 seeking information with respect to any environmental clearance that may have been granted for the dumping ground at Village Uttan-Pali, to

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which a response was received stating that no such information was available.

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It is therefore evident that the Respondent No.1 has not obtained an environmental clearance for the dumping ground.

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(II) Non-compliance with the provisions of the Solid Waste Management Rules, 2016

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The SWM Rules 2016 provide for, inter alia , detailed criteria for setting up solid waste processing and treatment facility, for sanitary landfills, site selection criteria and provisions for closure and rehabilitation of old dump site.

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The Rules mandate the closure of ―dump sites‖. Dump sites are defined as land utilised by the local body for disposal of solid waste without following the principles of sanitary land filling. The Rules provide that legacy waste from these dump sites must be bio-remediated. If bioremediation is not possible, dumpsites are to be scientifically capped as per the landfill capping norms. Residual solid waste is to be sent to a sanitary landfill for safe disposal. The sanitary landfill is to be designed with protective measures against pollution of ground water, surface water and fugitive air dust, wind-blown litter, bad odour, fire hazard, greenhouse gas emissions etc.

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All local bodies having a population of more than 1,00,000 are required to set up solid waste processing facilities within a period of 2 years from the coming into force of the Rules.

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The Rules also require authorisation to be sought from the respective State Pollution Control Boards for the operation of solid waste processing facilities. The Pollution Control Boards are required to set out

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conditions for such operations and ensure adherence to the standards set out in the Rules.

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The Applicants herein filed an RTI Application before the Respondent No.1 seeking details with respect to the compliance of the SWM Rules, which are responded as below :-

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a) That the consent to operate which was issued by the MPCB in February 2018 under Rule 16(1) was valid for a period of 5 years until 30th September 2022. Thus, it appears that the waste processing facility is presently being run without a valid authorisation.

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b) The operator of a solid waste processing facility is required to submit annual reports under Rule 24 (1) of the SWM Rules specifying therein status of compliance of the conditions of the authorisation. In response it is said under RTI reply that these reports are not available.

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c) In response to a query seeking details of sanitary landfill sites, the RTI Reply provided a copy of a tender issued by the Respondent No.1 for the construction of sanitary landfill which, notably, was issued only in 2023. No details of who the tender was awarded to or where the sanitary landfill is located have been provided. It is therefore evident that no sanitary landfill has been set up by the Respondent No.1.

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d) The RTI query sought details of the solid waste management plan required to be prepared under Rule 15 (a), in response to which the Respondent No.1 has provided a copy of a GR dated 30.09.2023 issued by the Government of Maharashtra which pertains to the sanctioning of funds for solid waste management. Thus, it is clear that the Respondent No.1 has not formulated a solid waste management plan as required under Rule 15 (a).

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The Applicants herein also filed an RTI Application with the Respondent No.2 (MPCB) seeking information with respect to monitoring reports, notices that may have been sent to the Respondent No.1 and complaints that have been received with respect to the dumping ground at Uttan-Pali.

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The applicants received a reply on 20th July 2024 which reveals as below :-

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a) At least 2 show cause notices have been issued by the Respondent No.2 to the Respondent No.1 (23.02.2022 and 24.02.2023) on account of the "repeated gross violation of consent conditions" and the failure of the Respondent No.1 to take prompt steps to extinguish the fire that was caused at the dumping ground. The 2nd show cause notice dated 23.02.2022 notes the fact that the Respondent No.1 had failed to respond to the 1^st show cause notice dated 23.02.2022.

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b) On account of the fact that the statutory timelines which are set out under the SWM Rules, 2016, had expired and had remained unexecuted by the Respondent No.1, the Respondent No.1 was called upon to pay environmental compensation of Rs.40 lakh towards non-compliance of the SWM Rules, 2016, which was directed to be deposited with the CPCB for restoration of environment. The following non-compliance was noted-

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i. Out of 500 metric tonnes of solid waste that was being generated only 300 metric tonnes was being treated while 200 metric tonnes of solid waste was being dumped without treatment.

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ii. The Respondent No.1 had failed to establish a sanitary landfill for disposal of inert material.

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iii. The Respondent No.1 had failed to commence work of legacy waste sites remediation.

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c) The PM 10 and PM 2.5 values of the dumping ground far exceeded the standards prescribed by the Respondent No.4 – Urban Development Department, State of Maharashtra. The PM 10 value was recorded as 141 while the standard prescribed is 100 while the PM 2.5 value was recorded as 138 while the standard prescribed is 60.

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Schedule I of the SWM Rules stipulates that old dump sites must be closed and rehabilitated and provides for the manner in which this may be done. In the present case, the site that was being used to dump un-treated and un-processed solid waste, continues to be used by the Respondent No.1 and no steps have been taken to close and rehabilitate the said site. The Respondent No.1 continues to use the site to dump 200 metric tonnes of untreated waste on a daily basis.

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(III) Standards of processing and treatment of solid waste not being followed

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Schedule II of the SWM Rules specifies the standards for processing and treatment of solid waste. As per which, incoming organic waste is required to be stored properly prior to further processing. If the waste is stored in an open area, an impermeable base is required to be provided with a facility for collection of leachate and surface water run- off into lined drains leading to a leachate treatment and disposal facility.

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This provisions further require that pre-process and post-process rejects should be removed from the processing facility on a regular basis and must not be allowed to pile up at the site.

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None of the aforementioned requirements are being met at the dumping ground at Village Pali.

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IV Failure of the MPCB to ensure the compliance with the Solid

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Waste, Management Rules, 2016

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Under Rule 16 (4), it is the duty of the State Pollution Control Board to monitor the compliance of the standards as prescribed or laid down and treatment technology as approved and the conditions stipulated in the authorisation and the standards specified in Schedules I and II under the SWM Rules have to be monitored.

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The above compliance would require State Pollution Control Board to conduct exercise at least once every year.

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Despite the failure on the part of the Respondent No.1 to stick to the norms, the MPCB has failed to take any steps against Respondent No.1. Authorisation granted by the Respondent No.2 has expired and Respondent No.1 continues to operate the dumping ground site without valid authorization and yet the Respondent No.2 has failed to take any punitive steps against the Respondent No.1.

¶144

A number of show cause notices have been issued by the Respondent No.2 to Respondent No.1, but Respondent No.1 has failed to respond, no steps have been taken against the Respondent No.1.

¶145

A sanitary land fill ought to have been set up by the Respondent No.1 by 2019. While Respondent No.1 issued a tender for the setting up of a sanitary landfill only in the year 2023. Therefore, it is not clear what steps have been taken by the Respondent No.1 in this regard.

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The Respondent No.2 failed to note that the Respondent No.1 had not obtained a prior environmental clearance as required under the provisions of the EIA Notification, 2006.

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Repeated complaints were made by the residents but to no avail. The residents of the area in question have addressed numerous representations to the Respondent No.1 to 6 complaining about the damage caused to the agricultural land and water sources due to leachate from the dumping ground flowing into the streams and ground water and the resultant loss of livelihood caused to the farmers and fisherfolk. But no action has been taken.

¶150

An RTI Reply dated 24th May 2024 received from Fire Brigade Department, Mira Bhayandar Municipal Corporation, would reveal that during the period between January 2020 till date, a total 26 fire incidents were reported at the site in question. In February 2022, a major fire broke out at the dumping ground which engulfed the entire region in smoke causing health hazard to the people living in surrounding villages.

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The latest of such fires occurred in February 2024, which raged for over a week with the fire brigade being unable to bring it under control. A large part of the dumping ground was engulfed in flames. Several other complaints are also made in this regard which are detailed in this application.

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In light of the facts the above mentioned prayers are made.

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From the side of Respondent No.1 – Mira Bhayander Municipal

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Corporation affidavit dated 14.02.2025 has been filed , in which it is mentioned that at Uttan and Pali, land bearing Survey No.65 having area of 10 Hectares, 72 R and Survey No.25 having area of 20 Hectares & 74 R equal to total 31 Hectares and 46 R, has been allotted for developing secured landfill site and processing plant vide Order dated 26.12.2002 of the Collector of Thane. The Answering Respondent has undertaken the Municipal Solid Waste Processing Project for which Contract Agreement

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dated 06.03.2017 has been executed by the Answering Respondent with M/s. Saurashtra Enviro Project Pvt. Ltd. for processing dry and wet segregated waste generated in Mira-Bhainder city on Design Built Finance Operate & Transfer basis. In the said MSW project, everyday 500 metric tons solid waste is being processed.

¶158

On the aforesaid land the old legacy waste of 9,09,630.2 MT had been generated. For the remediation of said legacy waste through Biomining process, the Answering Respondent had engaged a Contractor M/s. E. B. Enviro Biotek Pvt. Ltd. through work order dated 22.02.2023. However, the said Contractor processed only 22358.60 MT legacy waste during contractual period, therefore, the Answering Respondent terminated the said contract on 16.09.2024. Thereafter, the Respondent Corporation has again promptly commenced the tender process for remediation of legacy waste which is at the last stage of finalization.

¶159

Further, it is mentioned that the fire had broken out on 01.02.2025 in the said legacy waste, which was brought under control upto 03.02.2025 through Fire Brigade Team and thereafter the smoke also spread. With the help of Firemen, 8 Water Tender Vehicles along-with 8 Water Tankers (23 Rounds) Renerzyme mixture was sprayed and, fire and smoke was brought under control. The Chief Fire Officer has deputed Fire employees in 3 shifts at the site in question for mitigation of any fire complaints. The Answering Respondent has fully controlled the fire at the site.

¶160

61. Another affidavit has been filed by Respondent No.1- Mira

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Bhayander Municipal Corporation dated 25.03.2025, wherein it is submitted that after creation of the answering Corporation in the year 2002, by converting earlier Municipal Council, vide letter dated

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21.12.2002 request was made to the District Collector of Thane to provide suitable land to establish MSW processing project in accordance with the site selection criteria laid down in Municipal Solid Waste Rules, 2000. The land at village Pali bearing New Survey No.65 Old Survey No.48 having an area 10 Hectare 72 R equivalent area in sq. mtr. 107200 and of Village Uttan bearing New Survey No.25 Old Survey No.25 having an area 20 Hectare 74 R equivalent area in sq. mtr. 207400, total area 31 Hectare 46 R equivalent area in sq. mtr. 314600 (except the encroached area of 4298 sq. mtr. + area of well admeasuring 10 sq. mtr out of total area 207400 sq. mtr. of the land bearing Survey No.25) was found to be suitable for MSW project and hence was allotted to the Answering Respondent by the Collector, Thane vide order dated 26.12.2002 for solid waste management. After deducting the encroached area from the total area of land being Survey No.25, the balance area left out is 203092 sq. mtr. and the area of land being New Survey No.65 is 107200 sq. mtr., thus total area of allotted land is 310292 sq. mtr. i.e. 31.02 Hectare.

¶165

Pursuant to the allotment of land, the Answering Respondent entered into an agreement dated 06.10.2006 with Hanjer Biotech Energy and issued work order dated 07.10.2006 for establishment, operation and maintenance of integrated Municipal Solid Waste processing facility for period of 30 years on Built, Operate and Transfer basis. The Respondent No.2- Maharashtra Pollution Control Board also issued authorization to the Answering Respondent for operation of said project on the site and accordingly a Solid Waste Management Plant consisting of composting, green coal, RDF and recovery of the material was started on the site. In the month of December, 2008 the local residents of Village Uttan, Pali, Dongri started agitation against the project. The Corporation after complying with the objections of the local residents restarted the project in the year 2009.

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Despite all permissions having been obtained, the plant could not remain in continuous functionality, due to continuous illegal obstruction of local inhabitants. As a result of this the Answering Respondent had to approach Hon’ble High Court of Bombay in Civil Application No.98/2009 in Public Interest Litigation No.36/2007, in which by order dated 24.09.2009, it was directed to provide police aid to the Answering Respondent. Despite the said order the plant could not be operated due to vigorous resistance of local citizens, which compelled the Answering Respondent to look for alternative site. This resulted in dumping of untreated Solid Waste on the site of village Uttan.

¶169

Further, it is mentioned that Answering Respondent earmarked another land at village Varsave for shifting solid waste management from Village Uttan-Pali. The State Government however by order dated 14.12.2010 suspended the aforesaid resolution to shift MSW project facility from Village Uttan & Pali to the land situated at Village Varsave as the land was not suitable for the purpose of Solid Waste Management. The allegation of the applicant that the Urban Development Department of the State Government resolved to shift the existing MSW operations from Village Uttan-Pali to Sakwar located in Vasai, is erroneous.

¶170

The Answering Respondent followed up with the State Government for allotment of additional land for setting up plant for disposal of Solid Waste. Thereafter, the Collector of Thane vide order dated 21.10.2013 had given another government land at Survey No. 83/1B village Sakwar, Taluka Vasai admeasuring 13-10-0 Hectares to the Answering Respondent to set up plant for Solid Waste Management. The land allotted at Village Uttan is 31.2.0 Hectares lying within jurisdiction of Answering Respondent and near to the Corporation which is larger than the land allotted at Village Sakwar. The allotted land at Village Sakwar is out of the Answering

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Respondent’s jurisdiction and also 40 kms away from the Corporation, causing increase in the expenditure of transportation of vehicles of Solid Waste. Even then, considering the continuous opposition of local residents of Village Uttan, the Answering Respondent through Resolution dated 01.03.2014 decided to move to Village Sakwar. Pursuant to resolution of General Body of the Corporation dated 01.03.2014 an amount of Rs.71,10,816/- was also deposited with the State Government for said purpose. MPCB also gave its consent by order dated 13.08.2013. The Office of Senior Geologist, Ground Water Surveys and Development Agency, also granted its no objection vide letter dated 27.09.2013. There was some doubt regarding deforestation of land and legal implications, therefore a meeting was held on 26.06.2014 under Chairmanship of District Collector, Thane, Dy. Conservator of Forest, Dahanu Region, and it was clarified that Forest Department has no objection to start the work subject to sanction of Forest Department. Therefore, the Answering Respondent engaged an expert consultant M/s. Darashaw & Company Pvt. Ltd. and also invited Expression of Interest. However, Sakwar village panchayat, vide the resolution dated 26.01.2013 opposed use of the said land for Solid Waste Management. The same course of events, as observed at Village Uttan and Pali was repeated here as well. Even before the initiation of the said project, Answering Respondent was facing numerous objections at Village Sakwar. Due to the opposition of local public no contractor came forward for erection of project for disposal of solid waste. Therefore, the Answering Respondent vide letter dated 29.06.2016 requested CEO Zilla Parishad Palghar to take steps for rescinding the said resolution. In view of all these developments a request was made by the Answering Respondent to the Collector Thane vide letter dated 31.03.2017 for allotment of alternative land.

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Further, it is mentioned that the Answering Respondent, not having any land for solid waste disposal, vide resolution dated 11.02.2014 agreed to common solid waste disposal facility suggested by State Government at Taloja. Even said facility did not start. In the circumstances, the Answering Respondent started the tender procedure to develop MSW processing facility at Village Uttan and Pali.

¶177

The Answering Respondent is doing door to door collection of segregated solid waste from all household including slums and commercial, institutional and other non-residential premises lying within 6 Ward Committees of the Answering Respondent. The Answering Respondent has engaged two contractors M/s. Global Waste Management Cell Pvt. Ltd. for Ward Committee No.1 to 3 and M/s. Konark Infrastructure Ltd. for Ward Committee No.4 to 6. These contractors had done segregation of waste by households into Biodegradable and nonbiodegradable, domestic hazardous waste. The transportation of waste is done in covered vehicles for the collection of different fractions of waste to processing or disposal facilities. There are total 157 vehicles having capacity of 14 CuMt, 5/8 CuMt and 3.3 CuMt out of which 108 vehicles belong to the Corporation and remaining are of the Contractor. The Answering Respondent is using GPS in collection and transportation vehicles of the Corporation. All public and commercial areas are having sweeping twice daily, including night sweeping and residential areas are having daily sweeping.

¶178

After completing the tender process, the Answering Respondent issued Work Order dated 06.03.2017 with Saurashtra Enviro Project Pvt. Ltd. for construction of solid waste management project on the basis of Design, Built, Finance, Operate and Transfer at Village Uttan and Pali as stop gap arrangement. This project is functional since June-July 2019 and

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is presently treating 225-250 TPD (Ton Per Day) Wet Waste through Windrows Composting Mechanism and 150-175 TPD dry waste by shredding and RDF is being generated which is sold out to the Cement Factories by contractor. The cameras are also installed for daily surveillance of the activities. The MPCB has issued Solid Waste Management Authorisation dated 10.02.2025 which is valid for the period upto 31.12.2029.

¶182

Further, it is mentioned that since the government land at Survey No.83/1B at village Sakwar, Taluka Vasai was allotted to the Corporation to set up MSW facility, pursuant to which the Corporation had started the tender process for selection of contractors, the process of applying for relevant permissions required for running MSW project at Village Uttan & Pali was not rigorously pursued. As no alternative land was made available to the Corporation for setting up another MSW processing, the Corporation applied to the MPCB for authorization of MSW project at Village Uttan & Pali. Corporation has also appointed the Consultant for applying for EC under the EIA Notification, 2006 for this project. The copy of Work Order dated 06.03.2017 issued to Saurashtra Enviro Project Pvt. Ltd. is also annexed.

¶183

On 26/07/2021, the Respondent No. 1- Corporation had also issued Work Order to M/s. Rathod Associates & M/s. Movi Ecosurve Pvt. Ltd. for installation of 50 cubic meter Advance RO membrane system for leachate effluent recycle and treatment of landfill rejects, which is valid upto 25.07.2026. Through this system 25000 litre leachate is being treated daily.

¶184

On 09.03.2023, the Respondent No. 1- Corporation had issued Work Order to M/s. C.D. Transport for preparation of sanitary landfill for

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scientific disposal of inert and has also appointed M/s. Amey Consultant & Engineers as Project Management Consultant for supervision on execution of construction of sanitary landfill. 80% work of sanitary landfill has been completed and very soon in the month of June 2025, the operation of said work is likely to be commenced. The transport for preparation of sanitary landfill for scientific disposal of inert and work order dated 01.03.2023 issued to M/s. Amey Consultant & Engineers for supervision of said sanitary landfill work and photographs showing the progress of the work have been annexed as Exhibit - H.

¶188

On 14.03.2024, Respondent No.1 has issued Work Order for treating 8 TPD solid waste by Plasma Magnetic Technology. The work of supply and installation of said plant will be completed by the month of April, 2025 and the operation of said work will be commenced accordingly by the Contractor.

¶189

In the year 2019, a Contractor M/s. Guruji Infrastructure was entrusted with the work of Scientific Dumpsite Land Reclamation through Bio-mining at Village Uttan site. Pursuant to the said contract, 189270.482 Cum. Mtr. legacy waste was processed by the Contractor. Thereafter, the Corporation had again engaged another Contractor M/s. E.B. Enviro Botek Pvt. Ltd. through work order dated 22.02.2023 for the remediation of remaining legacy waste of 9,09,630.2 TPD through Biomining process. However, the said Contractor processed only 22358.60 MT legacy waste during contractual period. As the contractor failed to fulfill the contractual commitment, the Corporation terminated the said contract on 16.09.2024 and Corporation has again promptly commenced the tender process for remediation of legacy waste. The Answering Respondent - Corporation is committed to dispose of the legacy waste lying at Village Uttan site within almost 12-18 months. After completion of said scientific

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land reclamation, the Corporation has planned to re-use the reclaimed land for the purpose of environment restoration such as gardening, plantation etc.,

¶193

The Corporation has also deputed Fire employees in 3 shifts at Village Uttan-Pali site for mitigation of any fire complaints and also spraying of Renerzyme mixture is being done regularly to minimize the fire outbreak.

¶194

Further, it is mentioned that the Corporation has also worked for decentralization of solid waste disposal and is in process of issuing 100 TPD solarised mechanical compost plant at different places within the Corporation limits viz. two 20 TPD plants at Mira-Road (E), Hatkesh and at Sachin Tendulkar Ground, Bhayandar (E) and one 40 TPD plant and 20TPD at Penkarpada which is under tender process. The renowned Sardar Patel Engineering College has been engaged for Third Party Technical Audit of aforesaid plants. The work order has already been issued on 12.07.2023 for erection of 20 TPD each, solarised mechanical compost plant at Hatkesh and Bhayandar East. Corporation has started 50 TPD capacity Biogas plants viz. three 10 TPD plants and one 20 TPD plants at Navghar and Bhayander. The Corporation has also proposed further 50 TPD biogas plants viz. 20MTD plant at Penkarpada, 20 TPD plant at Mahajanwadi and 10 TPD plant at Kashimira. The construction of aforesaid plants is under progress and the operation of same is likely to be commissioned within period of 6-8 months. The Answering RespondentCorporation has applied to MPCB for authorisation of said 4 Bio-gas Plants of 50 TPD and for balance projects the application of autorisation is under process.

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Further, it is mentioned that Answering Respondent- Corporation has also started the tender process for commencing 3 projects of 8 TPD each of Plasma Magnetic Technology at different locations in the area of the Corporation. The Corporation has also proposed 5 more sites to be reserved for the public utility purpose in the Development Plan of the Corporation which will be used for the MSW processing and disposal facilities. The said proposals are pending before the State Government for final approval. The Corporation has also proposed several reservations for Municipal purpose in the Development Plan which can also be used for MSW processing and disposal facilities.

¶198

The Corporation has also ordered 22 Togo vehicles with capacity of 2 tons each for collection of wet waste and decentralized processing of waste in the vehicles itself to produce compost.

¶199

All the above efforts manifest that the Answering RespondentCorporation is setting up smaller waste processing facilities across MiraBhayander to lessen the pressure on the processing project situated at Village Uttan & Pali.

¶200

Under Swachh Bharat Mission (Urban) 2.0, the Corporation through MaRS Planning and Engineering Services Pvt. Ltd. has prepared and submitted a Detailed Project Report (DPR) with the Ministry of Health & Urban Administration seeking financial support as capital expenditure for improving efficiency of waste management within the city of MiraBhayander. Initially, MoH&UA has approved the total cost of Rs.85,58,82,000/- (Rupees Eighty Five crores fifty eigh lakhs, eighty two thousand only) for the Mira-Bhainder city out of which the cost of Rs.40,66,00,000/- has been approved towards the Module of Legacy Waste Remediation and now MoH&UA is considering the DPR of the Answering

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Respondent Corporation along-with other corporations for final approval. Hence, it is submitted that this financial grant would definitely help to achieve Sustainable Development Goals and vision of a "Garbage Free" city.

¶204

The Corporation has already started operating 5 Mist Spray Machine out of which 2 machines are installed at Village Uttan & Pali site and 2 mobile Mist Spray Machines. The Corporation has procured 3 Mechanical Road Sweeping Machine through its Solid Waste Management Department. The Corporation has also constructed the Horticulture Compost Plant at Village Ghodbunder, in which fertilizers are prepared out of dry tree branches, tree leaves.

¶205

Further, it is mentioned that out of total allotted land i.e. 31.02 Hectare at Village Uttan & Pali, the Answering Respondent is using only certain portion of land for running MSW processing projects and approximately an area of 7 hectare (70787.0 sq. mtr) land is still open and is not being used by the Corporation. It has been assessed by all expert agencies that the area has been found to be suitable for Solid Waste Management. Due to continuous resistance of local residents to setting-up of MSW facility at Village Uttan, the Corporation got ready to set up another MSW facility at Sakwar Village in Vasai. However, there also Corporation had to face the opposition. Since decades, there is rapid increase in the population causing significant increase in generation of MSW and putting immense strain on the available resources of the Answering Respondent. To address the growing MSW challenge, the land at Village Uttan & Pali is crucial in running waste management system. Therefore, this Tribunal may permit the Corporation to continue SWM facility at site of Village Uttan & Pali permanently.

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After having gone through the above affidavit of Respondent No.1Bhayander Municipal Corporation, we are convinced that they are making hectic efforts to find out alternative sites, but whatever site they had been allotted by District Collector, Thane, public resistance had to be faced by them in setting up the MSW processing unit, therefore as of now it appears quite difficult for shifting of the said site to another place particularly in view of increasing growth of solid waste. This is also evident from this affidavit that the present site has been allotted to them by the District Collector, finding the same to be suitable for the purpose. We may appreciate the problem of the local residents there, but this is also true that the solid waste which is emanating from the local areas have to be treated scientifically at some site. As of now, no alternative site has been suggested either by the applicant or any other person, which could be evaluated as to whether the same is appropriate for shifting of the MSW site to the new site. In these circumstances, this facility need not be shifted, till the new suitable alternative site is found.

¶209

82. From the side of applicant additional affidavit dated 25.03.2026

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has been filed , wherein it is mentioned that on 18.03.2025 a vehicle was found unauthorisedly transporting untreated sewage waste from the Mira Bhayander city to the dumping ground at Uttan-Pali. It is emphasized that the site at Uttan-Pali is claimed to be a solid waste processing facility and is authorised to treat solid waste. The authorisation issued under the Solid Waste Management Rules, 2016 does not authorise the dumping of sewage. Regarding it, the applicants made a complaint to the Respondent No.1. The same was not denied by Respondent No.1 that the untreated sewage was being dumped at the said site.

¶211

It is thus clear that the dumping ground is being run without any regard to environmental laws, which is posing a severe health risk to the

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local residents. The MPCB has failed in its mandate to monitor compliance of the standards as prescribed and the conditions stipulated in the authorisation.

¶215

The applicants also continue to observe leachate leaking onto the road from the trucks that are transporting the waste to the dumping ground, which is spreading a foul smell throughout the area.

¶216

From the side of Respondent No.2- MPCB reply affidavit dated 06.06.2025 has been filed , wherein it is submitted that it has granted an Authorization dated 10.02.2025 to Respondent No.1-MBMC to set-up and operate Bio composting capacity 350 TPD and Refuse Derived Fuel capacity 150 TPD at Survey No.25 and 65 at Uttan & Pali Village, Mira Bhayander, subject to certain terms and conditions, which is valid upto 31.12.2029.

¶217

It has received complaints regarding fire incidence which occurred on 30.03.2024. In order to investigate the complaints, the Officials of the answering respondent visited the site on 01.04.2024 and observed various non-compliances, based on which answering respondent has issued Directions to Respondent No.1-MBMC vide letter dated 17.05.2024 and directing them to ensure that the fire / burning of MSW does not occur.

¶218

In response to the Directions issued dated 17.05.2024, the Respondent No.1-MBMC has submitted its reply dated 17.03.2025 and informed that they had taken necessary steps to comply with the directions.

¶219

The Answering Respondent has extended an opportunity of personal hearing to Respondent No.1-MBMC and issued Interim Directions vide letter dated 07.04.2025 to the effect that Respondent No.1-MBMC shall

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provide sufficient manpower & mitigation measures to avoid fire incidence in future and would finalize tender for processing of remaining legacy waste. It shall also implement EMP & DMP, to comply with the conditions of Authorization.

¶223

In order to verify the present status, the Officials of the Answering Respondent visited the site in question on 02.06.2025 and observed that the burning of waste was stopped; Preparation of EMP is under progress. ETP is provided for leachate generated from MSW site. Respondent No.1MBMC has deposited Bank Guarantee of Rs.10 Lakhs to MPCB.

¶224

From the above affidavit, it is clear that the MPCB has granted authorization to the Respondent No.1 at the site in question which is valid upto 31.12.2029 and strict vigil is also kept on the occurrence of fire taking place at MSW site and it is reported by them that the burning of waste has stopped. Directions are also issued that no such fire incident occurs in future. As regards the legacy waste, it is made clear by this affidavit that tendering process for removal of the remaining legacy waste is in process, till the filing of this affidavit.

¶225

From the side of Respondent No.4- Urban Development Department, Government of Maharashtra reply affidavit dated 12.06.2025 has been filed , wherein it is submitted that the Respondent No.1Corporation constructed centralised Municipal solid waste processing system at Village Uttan-Pali, which is functional since JuneJuly, 2019. For scientific disposal of inert, Corporation has completed almost 80% work of sanitary landfill and very soon in the month of June2025, the operation of said work is likely to be commenced. The Corporation has also issued work order for treating 8 TPD solid waste by plasma magnetic technology. It has also deputed fire employees in three

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shifts at Village Uttan-Pali site for mitigation of any fire complaints and also for spraying of Renerzyme mixture regularly to minimize fire outbreak.

¶229

The Respondent No.1- Corporation is working for decentralisation of solid waste disposal and process of issuing 100 TPD solarised mechanical compost plant at different places in Corporation limits. The Corporation has proposed 5 more sites reserved for the public utility purpose in the Development Plan.

¶230

Rest of the facts appear to be the same, which we have already dealt with in the affidavit of Respondent No.1, therefore there is no point in repeating the same here. It is already reiterated in this affidavit that Corporation is not having any alternative land for solid waste disposal, hence it should be permitted to continue the current facility at the site in question.

¶231

From the side of Respondent No.1- Mira Bhayander Municipal Corporation another affidavit dated 12.06.2025 has been filed, which is rejoinder to the affidavit filed by MPCB. In this affidavit, agreement is shown with the averments made by the Respondent No.2- MPCB in its affidavit emphasizing therein that legacy waste tendering process is going on for the disposal of all legacy waste of 10,41,630 MT.

¶232

With respect to fire at the legacy waste site the same has been extinguished completely, as the same has been ascertained by the MPCB. It is also mentioned in it that due to heavy rains, the fire, if any, including the smoke had been completely extinguished.

¶233

With respect to the legacy waste processing it is recorded in it that the remaining legacy waste is approximately 10,41,630 MT and 2,11,629 MT has been processed so far.

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The Government of Maharashtra has approved the funds for the treatment of all legacy waste which is to the tune of Rs.47.92 crore.

¶237

Further, it is mentioned that the solid waste generation is about 500 MT/day, while the current treatment is being done at the rate of only 300 MT/day, therefore it is mentioned that the speed of treatment will be increased by 200 MT/day so that it would take care of the entire waste generation without any backlog.

¶238

After having gone through the above affidavit, it is submitted that undertaking is being given that speed of treatment of the solid waste will be enhanced by 200 MT/day, so that care is taken of the solid waste generated on day-to-day basis ensuring that nothing is left as backlog which might convert into further legacy waste. But it is not indicated in this affidavit as to what mode would be adopted by them to enhance the speed of treatment of the solid waste. We believe that this would mean that more manpower would be employed or appropriate additional machinery should be pressed into service for treatment of the said waste.

¶239

As regards the already pending legacy waste which is said to be 10,41,630 MT no timeline has been given, therefore this Tribunal is required to fix the timeline to the Respondent No.1 to clear this legacy waste.

¶240

From the side of Respondent No.6- The Collector, Thane reply affidavit dated 17.09.2025 has been filed , wherein Government of Maharashtra has sought the information from the Answering Respondent regarding the availability of the land for MSWMF. The lands available are either far away from the jurisdiction of the Respondent No.1- MBMC or under the forest department. Therefore, after knowing this fact State Government suggested a land at Taloja, for Common Municipal Solid

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Waste Management Facility (CMSWMF). However, it is advised that MBMC should manage the MSWMF within the premises available, by improvement and better management of the area available.

¶244

From the side of Respondent No.2- MPCB another affidavit dated 11.02.2025 has been filed , stating therein that the Board visited the site in question on 06.02.2026 and observed that the Board has granted Authorization on 04.08.2025, which is valid upto 30.06.2030 for solid waste processing / Recycling / treatment facility- Bio-Composting & RDF (460 MT/Day). M/s. Saurashtra Enviro Projects Pvt. Ltd. is an operating agency. RDF quantity is around 150 MT/ day disposed through cement industry and composting quantity is around 350 MT/day used as manure. During visit, land filling at site is in progress. Total legacy waste accumulated at Uttan site is around 9,66,000 MT. Bio mining work started since November-2025. As on date 10,000 MT legacy waste is segregated.

¶245

A perusal of this affidavit would show that the total legacy waste which is found to be 9,66,000 MT at the site as on 06.02.2026, this would be treated to be a current status as regards the legacy waste, which needs to be cleared from the site and we deem it appropriate that it should be

¶246

cleared from the site in question within a period of 3 months from the date of uploading of this order.

¶247

From the side of Applicant consolidated Rejoinder dated 13.02.2026 has been filed , in which same facts has been reiterated which we have already considered in the affidavit filed by the applicant earlier, besides that it is also emphasized that since the very inception, the dumping ground in question has been operating unlawfully without an environmental clearance. Between 2022 and 2025 the dumping ground was operating without authorisation under the SWM Rules, 2016. It has

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capacity to treat only 300 MT of the 500 MT of waste that is sent to the dumping ground every day, resultantly on every single day 200 MT of solid waste remains untreated and is being dumped into the open at the site; approximately 8 lakh MT of legacy solid waste remains untreated which frequently catches fire — there have been 26 instances of fires in the last 5 years; the dumping ground is located in close proximity to not only habitations, but also agricultural fields, water bodies, fish drying beds, resultantly affecting the livelihood and health of the residents.

¶251

Respondent No.1 is continuing to operate the dumping ground in total disregard to the SWM Rules. The efforts of Respondent No.1 were not commensurate with the amount of waste generated which is leading to the compounding of the problem on day-to-day basis.

¶252

Respondent No.1 has not controverted the following assertions in this M.A. :-

¶253

(a) The facility is operating without the mandatory environmental clearance required for integrated solid waste management facilities under the EIA Notification, 2006. In fact by stating that it has appointed a consultant for making an appropriate application, there is an implicit acknowledgment by the Respondent No.1 that this clearance is required.

¶254

(b) The facility was operating without a valid and subsisting authorisation under Rule 16 (1) of the MSW Rules, 2016 for nearly 3 years, i.e. between 2022 and 2025.

¶255

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(d) No buffer zone has been maintained around the landfill site, required under Schedule I of the SWM Rules, 2016.

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(e) The leachate generated from the dumping ground has impacted the livelihood of the agriculturalists and the fisherfolk as the fields and water bodies are contaminated.

¶260

The response to the contentions of the Respondent No.1 are given as below:-

¶261

(i) With respect to the contentions of the Respondent No.1 that this Miscellaneous Application is not maintainable because an Original Application No.65 of 2015 was disposed of on 21^st July 2015. It is contended in this regard, O.A No.65 of 2015 was disposed of citing the proceedings in O.A. No.606 of 2018 (suo motu proceedings initiated by the Principal Bench of the NGT) which is pending before this Tribunal, therefore only O.A. No. 606 of 2018 must be proceeded, not the present Miscellaneous Application.

¶262

(ii) In this regard it is said that the scope of the proceedings in O.A. No.606 of 2018 were wide and general in nature. The proceedings were aimed at securing nationwide, time-bound, institutional compliance with the Solid Waste Management Rules, 2016, while the present application raises specific grievances with respect to the SWM facility operated by the Respondent No.1 regarding not only compliance of the SMW Rules, but the fact that the Respondent No.1 has failed to obtain the mandatory statutory clearances required for operating the solid waste management facility. This is beyond the scope of consideration in O.A. No.606 of 2018.

¶263

The proceedings in the present Miscellaneous Application must go on and are maintainable.

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The Respondent No.1 has made repeated attempts to relocate the dumping ground but has been unable to do so due to protests by local residents. In this regard it is submitted that the Respondent No.1 itself submitted that the construction of solid waste management project at Uttan was done as a "stop gap arrangement". Therefore, it ought to take concrete steps to shift the dumping ground from its present location.

¶267

With respect to the assertion of the Respondent No.2- MPCB that the PP has appointed a number of contractors to execute various works for the scientific treatment of the solid waste, it is submitted that with respect to bioremediation of legacy waste, the Respondent No.1 has stated that out of a total of 9,09,630 metric tonnes of legacy waste, only 22,358 metric tonnes of legacy waste has been processed. The tender for the processing of the remaining legacy waste, i.e. 8,87,272 metric tonnes which has not yet been awarded. As per the timeline prescribed under the MSW Rules, 2016 this process should have been completed by 2021. The delay of 5 years has not been adequately explained by the Respondent No.1. The failure of the Respondent No.1 to take steps for the bioremediation of the legacy waste has had serious consequences on the health and wellbeing of the residents. It has led to the seepage of leachate into the groundwater and water bodies and has caused numerous fires.

¶268

With respect to the admission on the part of the Respondent No.1 that it was unable to pursue the process of applying for relevant permissions for running MSW project at Village Uttan Pali since it was pursuing the process of selection of contractor to set up an MSW facility at Sakwar Village, Vasai, it is submitted by the applicant that it has not been explained by Respondent No.1 as to what prevented it from applying for an EC in 2017 when the operations were to start at the site and only now, i.e. 8 years after the facility has started its operations it is applying for an EC.

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Miscellaneous Application No. 19 OF 2024

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The MPCB has not insisted on a copy of the environmental clearance before granting the authorization. The authorisation itself contains a condition that "The Corporation/Council shall strictly follow the EIA Notification, 2006." It clearly shows that obtaining an environmental clearance is mandatory condition.

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With respect to the Respondent No.1 saying that solid waste treatment processing capacity will be increased by 200 metric tonnes per day, it is submitted by the applicant in this regard that how the Respondent No.1 intends to do so has not been made clear nor any timeline for the same has been given.

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With respect to the fire at the legacy waste site having been extinguished and steps having been taken with respect to mitigation of the fire complaints, it is submitted by the applicant that the frequency of the fire occurrences would indicate that no adequate measures have been taken by Respondent No.1

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Further, it is mentioned that dumping sites are a well-known consequence of the long-term accumulation of legacy waste. The result flows from a combination of biological, chemical, and physical processes taking place inside large waste heaps. The Respondent No.1 has admitted accumulation of 9,09,630 metric tonnes of legacy waste which is still to be treated. Therefore, the fires at the dumping site will inevitably occur.

¶275

We find that Respondent No.1- Mira Bhayander Municipal Corporation has also filed an additional information dated 11.02.2026 , wherein he has prayed for following points for determination by this Tribunal:-

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Miscellaneous Application No. 19 OF 2024

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I. Whether Solid Waste Treatment Plant being run by the Respondent No.1 at Village Pali, Uttan needs to be closed down;

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II. The said plant needs to be shifted to some other suitable site;

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III. Should the Solid Waste be directed to stop at the site in question any further;

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IV. After shifting of the site, capping of the site in question be done within the period of one year.

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The above points have been answered by them as below:-

¶283

I. With respect to the plant at the site Uttan and Pali to be closed, it is submitted by them, total allotted land is 31.02 Hectare at S.No.65, Mouje Pali and S.No.25 Mouje Uttan, the Respondent No.1Corporation is using only certain portion of land for running MSW processing projects. Approximately an area of 7 hectare (70787.0 sq. m) land is still open, not being used by the Respondent No.1. As such there is no need or question of shifting from the existing site.

¶284

On this point, we are of the view that the number of efforts have already been made by the Respondent No.1/PP for shifting the MSW processing site to some other place by getting the allotment of land done from the District Collector on various occasions, but each time public resistance had to be faced by them which resulted in non-shifting of the MSW site to another place. The suggestion was also given by the District Collector in their affidavit that no other place in the jurisdiction of the Respondent No.1 is available and therefore they should utilize their resources/place in efficient manner for carrying out the activity of processing of solid waste. We accept this suggestion of the District Collector, as of now, for want of any other suitable place being found in

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Miscellaneous Application No. 19 OF 2024

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the near future. In our opinion, the shifting from Uttan and Pali would not be possible at this juncture. It is also not feasible to close down this facility because the processing of solid waste is an essential work on day-to-day basis. Closing the facility would result in further pollution and inconvenience to the people of the local areas, hence the closing of the same is no solution to the problem.

¶288

Much emphasis was led by the learned counsel for the applicant that as per the EIA Notification 2006 Item 7(i) prior EC was required to be obtained by the Respondent No.1/PP in the case in hand, which provides that Common Municipal Solid Waste Management Facility (CMSWMF) would require prior EC on which general conditions shall apply.

¶289

In this regard, one OM dated 07.11.2017 has also been issued by the MoEF&CC, copy of which is provided at Page No.983 of the paper book, wherein following is laid down:-

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“2. The Environment Impact Assessment Notification, 2006 in the Schedule at item 7 (i) mentions Common Municipal Solid Waste Management Facility (CMSWMP) as Category B project for which State Environment Impact Assessment Authority (SEIAA) is empowered to appraise the project for grant of prior environmental clearance.

¶291

3. The municipal solid waste management involves various steps like door to door collection, segregation, composting, refuse derived fuel (RDF) making, waste to energy generation through waste to energy plants and disposal in scientific landfills. The above activities, except landfill site, if proposed as standalone activities are not covered under item 7 (i) of EIA Notification, 2006, hence do not require prior environmental clearance. In case the activities of composting, RDF making and waste to energy plant (up to Capacity of 15 MW) are proposed at an existing landfill site, they do not attract the provisions of the EIA Notification, 2006.”

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Miscellaneous Application No. 19 OF 2024

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That municipal solid waste management involves various steps like door to door collection, segregation, composting, refuse derived fuel (RDF) making, waste to energy generation through waste to energy plants and disposal in scientific landfills. The above activities, except landfill site, if proposed as standalone activity they will not require EC under item 7 (i) of EIA Notification, 2006. So, it is evident that an exception is caused by this OM for other activities, except the land fill site, if they are proposed as standalone activity, meaning thereby that above activities, except landfill site, if carried out as standalone activity shall not require EC but if they are not standalone and/ or if they include landfill site, it will require EC.

¶295

In the case in hand the facility which is being run by Respondent No.1 would fall in the exception created by the aforesaid OM dated 07.11.2017 or not will have to be assessed from the evidence placed on record.

¶296

From the affidavit of Respondent No.2- MPCB wherewith the authorization letter is also annexed dated 10.02.2025 granted to the Respondent No.1, it is recorded therein that authorization granted to Respondent No.1 is to set-up and operate Bio compositing capacity (350 MT/day) and Refuse Derived Fuel capacity (150 MT/day). Therefore, it is clear from the clear reading of this authorization that two activities are authorized by the State Pollution Control Board to the Respondent No.1, therefore they cannot be treated to be a standalone activity. Therefore, they would be requiring prior EC also before running the activity by composting as well as RDF, which are involved in managing the solid waste.

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Further, it is also admitted by Respondent No.1- Mira Bhayander Municipal Corporation as well as Respondent No.4- Urban Development Department that for scientific disposal of inert, Corporation has completed almost 80% work of sanitary landfill and very soon in the month of June2025, the operation of said work is likely to be commenced, meaning thereby the facility, in addition to ongoing dumping of untreated waste at the site in question, also have provision for sanitary landfill site. Therefore, the exception created in OM dated 7.11.2017 for non-requirement of EC will not be applicable to the case in hand.

¶300

It has also come in evidence that the PP had applied also for the EC subsequently which is said to be under consideration, therefore, this will be treated to be an admission on the part of the Respondent No.1 that convinced that the activity which was being run by them needed the prior EC, which is not obtained by them, therefore, we find that PP was at fault.

¶301

But we are of the view that stopping their activity at this stage would not be appropriate in the interest of environment. Therefore, we direct the Respondent No.1 to approach the appropriate authority at the earliest to obtain the EC, whatever would be the outcome thereof will have to be followed by the Respondent No.1. We are also of the view that, we should grant 3 months’ time for removal of the legacy waste from the site in question, however the period which was fixed by the statute for clearing the legacy waste i.e. by the year 2021, has long passed. Therefore, we direct the MPCB to calculate the amount of EDC also in regard to non-removal of the legacy waste within the prescribed time period as per the Solid Waste Management Rules, 2016 and thereafter, the same be levied from the PP within a period of 3 months from the date of uploading of this order.

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Miscellaneous Application No. 19 OF 2024

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With the above directions/observations, we dispose of this Miscellaneous Application accordingly.

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Justice Dinesh Kumar Singh, JM

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Dr. Sujit Kumar Bajpayee, EM

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September 7, 2026 Miscellaneous Application No.19 of 2024 SAR

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Miscellaneous Application No. 19 OF 2024

Misc Application in disposed of cases No. 19/2024 in Original Application No. 205/2024 of Nagri Hakka Sangarsh Samiti v. Mira Bhayander Municipal Corporation

Case brief

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Misc Application in disposed of cases No. 19/2024 in Original Application No. 205/2024 of Nagri Hakka Sangarsh Samiti v. Mira Bhayander Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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