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HC orders BMC to stop dumping garbage on wetlands

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Press Trust of India Mumbai
Last Updated : May 10 2013 | 8:35 PM IST
The Bombay High Court today said it was convinced that the Brihanmumbai Municipal Corporation (BMC) was evading the law and violating norms pertaining to Coastal Regulation Zone (CRZ) by dumping garbage on wetlands and mangroves in suburban Kanjur Marg.
"The tone, tenor and gist of arguments put forth by the corporation makes it clear that there is violation. We are convinced that the municipal corporation is evading law," a division bench of Justices D Y Chandrachud and Amjad Sayed said even as it directed the corporation to stop dumping and filling of waste on wetlands and mangrove patches.
"Ensure that there is no destruction of mangroves and you (corporation) comply with the conditions laid down by the MoEF in March 2009 while allowing dumping of waste in that land," the court said.
The bench was hearing a bunch of public interest litigations seeking directions to close dumping grounds at various places within Mumbai or raising concern over non-implementation of Solid Waste Management Rules.
The court was yesterday informed by the Maharashtra Coastal Zone Management Authority (MCZMA) and the Maharashtra Pollution Control Board (MPCB) that the BMC was using more than the allotted 65.96 hectares of land for dumping and filling activity.
According to the two statutory bodies, the dumping of waste was affecting wetlands and mangrove patches.

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Senior counsel S U Kamdar, appearing for the BMC, refuted the allegations and said the corporation was not dumping any waste on wetlands and mangroves and the area where refuse was dumped did not fall under CRZ.
Irked by this, Justice Chandrachud said, "The MCZMA report says it is a CRZ area. If the corporation officials are telling you (counsel) that this is not CRZ area... Then god help this city."
The bench today directed the Union Ministry of Environment and Forest (MoEF) to conduct a site inspection and submit a report on the impact on mangroves and wetlands and also state remedial measures to ensure conformity of environment norms.
The affidavit will have to be filed by July 9.

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First Published: May 10 2013 | 8:35 PM IST

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