Supreme Court Asks Mumbai Municipal Corporation Commissioner To Appear In Person Over Discharge Of Untreated Waste

In connection with the issue of discharge of untreated waste into the sea, creek and river bodies in the city, the Supreme Court on Tuesday directed the Municipal Commissioner of the Municipal Corporation of Greater Mumbai to appear in person via VC on February 15 to answer the queries of the Court and be answerable to the directions that may be issued. "Surely, the MCGM cannot leave the well-being and welfare of the residents of the city of Mumbai to the peril of its inaction and lethargy...MCGM has shown no commitment towards completing the project at an early date and seems to be oblivious to the hazards posed by untreated or inadequately treated waste. MCGM is entrusted with public revenues and we direct that the situation should be remedied at the earliest", the Court sternly expressed, warning the Municipal Corporation of "coercive processes"The bench of Justices D. Y. Chandrachud, Surya Kant and Vikram Nath was hearing the appeal against the April, 2019 order passed by the NGT in proceedings which arose out of a challenge to a Notification dated 13 October 2017, which was issued by the Ministry of Environment, Forest and Climate Change for providing for standards for effluent discharge. The notification was assailed on the ground that it diluted the standards prescribed by an earlier notification dated 24 November 2015. The NGT constituted an Expert Committee on 21 December 2018 and stayed the Notification dated 13 October 2017 which had diluted the standards for effluent discharge. The Expert Committee submitted its report on 29 March 2019. Among other things, the Expert Committee provided a window of seven years for compliance. Following upon the report, the NGT deliberated upon the matter and on 30 April 2019 accepted the report of the Expert Committee with certain modifications. The modifications were that (i) the standards recommended for mega and metropolitan cities would also apply to the rest of the country; and (ii) the standards would apply not only for new Sewage Treatment Plants, but for STPs which existed or were under construction. The timeline of seven years which was suggested by the Expert Committee was disapproved. The case travelled to the Supreme Court against the order of the NGT dated 30 April 2019. While issuing notice on 17 May 2019, the Municipal Corporation of Greater Mumbai was directed to follow the parameters which have been laid down by the Expert Committee in its report, in processing the tender and the directions of the MoEF & CC in this regard. The MCGM has a limited grievance in the appeal, namely, in regard to the disapproval of the seven years' time frame which was fixed by the Expert Committee for implementation of the norms. MCGM has stated that it is carrying out the Mumbai Sewage Disposal Project Stage-II including the upgradation of seven STPs at Worli, Bandra, Dharavi, Versova, Bhandup, Malad and Ghatkopar Waste Water Treatment Facilities.On Tuesday, the bench noted, "At this stage, the issue is whether the interim direction of this Court has been complied with by MCGM. Mr Dhruv Mehta, senior counsel has filed a written note of submissions indicating the steps which have been taken by MCGM. The written note indicates that after the interim order of this Court dated 17 May 2019, it took almost four months for MCGM to issue tenders on 6 September 2019. The tenders were cancelled in January 2020. Fresh tenders except for Dharavi STP were issued on 30 April 2020. Subsequently, in the first week of August 2020, all the six STP tenders were cancelled. On 31 August 2020, tenders for seven STPs including Dharavi were re-invited. The capacity of the Dharavi STP was increased. The present status of the tenders is stated to be that the bids for the technical and financial packets were opened and are again being scrutinized by a Peer Review Committee. The written note indicates that due to the delay in setting up the STPs, the cost has increased from Rs 10,000 crores to Rs 18,500 crores."The bench commented that "there seems to be a pattern which emerges from the material which has been placed before this Court of tenders being issued, cancelled and reissued, resulting in an unfortunate delay" and "this has happened both during the pendency of proceedings before the NGT on several occasions and has happened during the pendency of the appeals before this Court over the last two and a half years". The bench concluded that the manner in which the MCGM has proceeded prima facie, indicates a disregard of the directions which were issued by this Court on 17 May 2019. "The process of issuing, cancelling and reissuing tenders results in an enhancement of the project cost which is evident from what is stated before the Court. Equally, the delay has resulted in a situation where until date, no decision has been taken on the tenders which have been floated and there is absolutely no material before this Court to indicate that the work would be completed with the seriousness which...

Supreme Court Asks Mumbai Municipal Corporation Commissioner To Appear In Person Over Discharge Of Untreated Waste

Mehal Jain

[Discharge Of Untreated Waste Into The Sea, Creek And River Bodies] Supreme Court Directs Municipal Commissioner Of Municipal Corporation Of Greater Mumbai To Appear In Person

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