Bombay HC directs Maha govt and MPCB on plea for shifting of suburban incinerator plant

The Bombay High Court has directed the Maharashtra government, State Pollution Control Board (MPCB), and Mumbai civic body on a petition seeking the shifting of the incinerator plant from suburban Govandi due to the relase of toxic gases.

A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja said the public interest litigation (PIL) filed by residents of Govandi New Sangam Welfare Society, comprising residents of the area, has raised serious concerns.

According to a report of PTI, the petitioners demanded the permanent closure of the plant and its relocation to a place at least 500 metres away from their locality in Govandi in a time-bound manner. The petition also requested the imposition of appropriate environmental compensation on the company operating the plant, SMS Envoclean Pvt. Ltd. for failing to adhere to the bio-medical waste management rules.

Concerns expressed in PIL are serious. We are of the view that this PIL ought to be heard with the other petition (raising similar concerns). Matter posted on January 16, 2023. Respondents can file reply affidavits by then, the bench said. The petition referred to a notice issued by the MPCB issuing the closure directions to the plant. The notice was challenged by the company in the High Court and the effect of the order had been stayed in 2019.