Description

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Context

The Bombay High Court declared a 119.91-hectare area of the Kanjurmarg landfill site in Mumbai as a protected forest under the Forest Conservation Act 1980 and the Indian Forest Act 1927. This judgment quashed a 2009 state government notification that had removed the land’s forest status sparking significant implications for Mumbai’s waste management and urban planning.

Background of the Case

The Kanjurmarg site is situated on marshy salt pan lands near the Thane-Airoli creek, home to mangrove ecosystems.

SC 2003 Order: Directed Maharashtra to allot 141.77 hectares of salt pan land to the Brihanmumbai Municipal Corporation for sanitary landfill use, provided environmental laws were followed.

2005: Land notified as a protected forest under a broader HC mandate to safeguard mangroves.

2006: State denotified the land, allowing BMC to proceed with landfill development.

2016: Sanitary Landfill Facility (SLF) at Kanjurmarg became operational, now handling ~90% of Mumbai’s 6,500 MT/day waste.

2013 onwards: NGO Vanashakti and others challenged the denotification and alleged environmental violations.

Significance of the HC Ruling

Upholds the original protected forest status reinforcing judicial oversight on environmental regulation.

Puts at risk Mumbai’s only scientific solid waste processing site.

Reinforces that administrative convenience cannot override environmental laws.

Way Forward

Policy Measures

Strengthen urban environmental impact assessments.

Explore decentralized waste management models e.g., composting, WTE.

Establish clear legal frameworks balancing infrastructure and ecology.

Administrative Actions

Expedite search for alternative landfill sites with requisite safeguards.

Initiate bio-remediation of existing waste to reclaim land.

Ensure compliance with SWM Rules 2016 and environmental clearance conditions.

Legal Recourse

BMC to approach Supreme Court via Special Leave Petition.

Advocate for conditional continuance of operations with enhanced monitoring.

Sources:

INDIANEXPRESS

PRACTICE QUESTION

Q. The Bombay High Court's declaration of the Kanjurmarg landfill as a 'protected forest' highlights the friction between urban infrastructure development and environmental conservation. Critically examine the implications of this judgment for sustainable city planning in India. 250 Words.