Mumbai: Residents of Govandi, represented by the NGO Govandi New Sangam Welfare Society, have escalated their battle for environmental justice by filing a new petition with the National Green Tribunal (NGT). The petition addresses significant environmental and health concerns allegedly caused by SMS Envoclean’s biomedical waste incinerator, which is situated in their neighbourhood. The petition seeks Environmental Damage Compensation (EDC) for ongoing violations spanning from June 29, 2018, to February 2, 2023.
This latest move follows a Bombay High Court order on September 11, 2023, which mandated the relocation of the biomedical waste incinerator to an industrial area within two years. The court had earlier suggested approaching the NGT for compensation under the ‘Polluter Pays’ principle, leading the residents to file a public interest litigation (PIL) seeking redressal. However, their PIL was dismissed, and they were directed to pursue the matter further with the NGT.
The NGT’s Pune bench admitted the petition on September 6, 2023, after reviewing evidence presented by the Govandi New Sangam Welfare Society and their legal representative, Advocate Zaman Ali. The detailed reports submitted include evidence of alleged violations and a request for calculating EDC. Notices have been issued to all respondents, who are required to respond within four weeks. Residents, particularly from Govandi and Deonar, had initially approached the NGT in April 2022, accusing the state government of negligence and alleging that pollution from the incinerator exacerbated tuberculosis (TB) cases.
They reported daily exposure to toxic smoke and voiced frustration over the delayed relocation of the facility, which is now overdue by nearly two years. On March 13, 2023, the NGT appointed a joint committee comprising the Central Pollution Control Board (CPCB), the Maharashtra Pollution Control Board (MPCB), and the district magistrate to investigate the site. The committee’s report highlighted non-compliance with environmental standards, including inadequate control systems for dioxins and furans, improper segregation of biomedical waste, and excess effluent generation.
Further inspections revealed that workers at the facility were not provided with adequate personal protective equipment (PPE), including N-95 masks and safety goggles. The committee directed the MPCB to ensure proper PPE provision. Additionally, the report uncovered that SMS Envoclean was improperly recycling treated glass bottles, in violation of the conditions stipulated in their CCA. The residents of Govandi, a densely populated area near the incinerator, have been suffering from rising respiratory ailments and TB cases, directly linked to the hazardous emissions. The petition underscores the urgent need for compensation and remedial measures to address the environmental and health damage caused by the incinerator’s operations.
A resident from Shivaji Nagar and founder-president of the New Sangam Welfare Society, Shaikh, expressed concern over the slow progress of relocating the facility. “We are approaching the one-year mark for the relocation directive from the high court. Despite filing an RTI to check the status, we only received a vague response stating that it was ‘in process.’ Our calculations estimate the required compensation to be around Rs 16 crore, including the costs for air quality monitoring machines,” he stated. The NGT’s decision on compensation will be pivotal in addressing the long-standing grievances of the Govandi residents and ensuring that the responsible parties are held accountable for the environmental damage and health hazards caused by the incinerator.
