Bombay HC Seeks Explanation For Delay In Govandi Biomedical Waste Plant Relocation To Raigad's Jambhivali
Mumbai: The Bombay High Court on Thursday directed the Maharashtra Industrial Development Corporation (MIDC) and other authorities to file an affidavit explaining the delay in relocating the biomedical waste treatment plant from Govandi to Jambhivali in Raigad district.
Envoclean Requests Extension
A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was hearing an interim application filed by Envoclean Private Limited, the company appointed to set up the new facility, seeking additional one year time for setting up the new plant.
Background of Govandi Plant Relocation
The HC, on September 11, 2023, had set a two-year deadline to shift the incinerator from Govandi and commission the same at Patalganga in Navi Mumbai.
The Govandi facility, operational since 2009, has long faced opposition from residents who have complained of toxic fumes and health hazards. Acting on their petitions, the HC had, in 2023, directed the Brihanmumbai Municipal Corporation (BMC) to shift the plant to the Maharashtra Industrial Development Corporation (MIDC) area in Patalganga, Navi Mumbai.
Change in Relocation Site
However, in February 2024, the state government altered the relocation plan and instructed MIDC to identify an alternate site. Consequently, land was allotted in Jambhivali village in Panvel taluka.
Envoclean Ready to Execute Project
Senior advocate Aspi Chinoy, appearing for Envoclean, submitted that the company had obtained all necessary permissions for the new plant and could complete the project within 12 months.
“Five to eight months after this court’s order, MIDC decided to cancel the earlier allotment and allot another plot. They (MIDC) had said the high court would be informed, but it was not done,” he argued.
Chinoy contended that Envoclean was not at fault for the delay and was now ready to execute the project at the new site. “We need another 12 months to complete the facility,” he said.
Court Observations and Next Hearing
The bench, however, remarked that Envoclean ought to have filed a fresh petition since the change in site constituted a new development. “This is an infringement of your rights; you could have filed a separate petition,” the Chief Justice observed, adding that the court would seek a formal affidavit from the authorities concerned.
The bench cautioned that even if the respondents conceded to extension of time, the court might still impose costs. “You may have to pay something to charity,” the Chief Justice remarked.
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Chenoy responded that, in such a scenario, even the respondents ought to bear the burden. “We are the victims here. They should also pay,” the senior counsel added. The HC has scheduled the matter for hearing on October 16.
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