Enforce strict Environmental Rules says Supreme Court on Mumbai’s Dumping Ground Problems

Construction and Demolition Debris are Mumbai’s dumping ground problem.

The Bombay High Court had imposed a ban on Mumbai’s Construction Sector due to the unregulated disposal of solid waste, construction debris and demolition debris that were generated during construction activities. The ban did not apply to redevelopment of MHADA, cessed, old and dilapidated buildings, cluster and slum redevelopment, and the construction of hospitals and educational institutes.

In its efforts to solve Mumbai’s dumping ground problems, Supreme Court suggests to enforce stricter environmental policies and rules. To ensure this the construction activities are to be governed on the following conditions:

  • The Developer or Builder employs measures for the prevention of dispersal of particulate matter via air.
  • Construction or Demolition Debris shall not be dumped at Deonar or Mulund Dumping Sites.
  • “Small Generators” of construction and demolition waste shall dispose as per “Debris On Call Scheme” i.e. authorized agencies shall collect the debris which shall be unloaded at designated disposal sites.
  • “Large Generators” of construction and demolition waste shall dispose at designated site as mentioned at the time of granting IOD.
  • MCGM shall not permit any construction in respect of pre-existing IOD or fresh IOD unless it first locates a landfill site and has obtained NOC or consent of landowner.
  • Applicant of development permission shall furnish a Bank Guarantee of Rs.5 lakhs to 50 lakhs depending upon size of the project.
  • This order shall be in force for a duration of 6 Months.

The landfill site shall be governed by the Construction and Demolition Waste Management Rules, 2016, which came into force with effect from 29.3.2016. In particular, the landfill sites shall be the “Sanitary landfill sites” as defined in the Solid Waste Management Rules, 2016.

Key Points in regards to Sanitary Landfill Sites:

  • The landfill site shall be large enough to last for at least 20-25 years and shall develop ‘landfill cells’ in a phased manner to avoid water logging and misuse.
  • The landfill site shall be 100 meter away from river, 200 meter from a pond, 200 meter from Highways, Habitations, Public Parks and water supply wells and 20 km away from Airports or Airbase. However in a special case, landfill site may be set up within a distance of 10 and 20 km away from the Airport/Airbase after obtaining no objection certificate from the civil aviation authority/ Air force as the case may be.
  • The Landfill site shall not be permitted within the flood plains as recorded for the last 100 years, zone of coastal regulation, wetland, Critical habitat areas, sensitive eco-fragile areas.

10 Sites Identified as per MCGM & the managing committee:

  • Ulwe Node
  • Vahal Node
  • JNPT SEZ
  • Pushpak Node
  • Aarey Picnic Point
  • Aarey Colony
  • Village Kalher, Bhiwandi
  • Village Bambavle, Raigad
  • MIDC Land, Mhape
  • MIDC Land, Ambernath

MOEF Notification

Dated: 29/03/2016

Construction and Demolition Waste Management Rules, 2016

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Supreme Court

Dated: 15/03/2018

Record of Proceedings for Mumbai’s Dumping Ground Problems

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MOEF Notification

Dated: 08/04/2016

Solid Waste Management (and Handling) Rules, 2016

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Summary
Enforce strict Environmental Rules Says Supreme Court on Mumbai's Dumping Ground Problems
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Enforce strict Environmental Rules Says Supreme Court on Mumbai's Dumping Ground Problems
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Construction and Demolition Debris are Mumbai's dumping ground problem. In its efforts to solve mumbai's dumping ground problem, supreme court suggests to enforce stricter environmental policies and rules .
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GreenSutra
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