Say plant, which was ordered to relocate by Bombay HC, has caused respiratory diseases and tuberculosis
The SMS Envoclean biomedical waste incinerator in Govandi. File Pic/Satej Shinde
Residents of Govandi, represented by the NGO Govandi New Sangam Welfare Society, have filed a fresh petition before the National Green Tribunal (NGT), addressing alleged environmental violations and health hazards caused by SMS Envoclean’s biomedical waste incinerator located in their vicinity. The petition in NGT has sought Environmental Damage Compensation (EDC) based on “continuous violations from June 29, 2018, and February 2, 2023”, which locals allege has caused significant health issues among the residents, including respiratory diseases and tuberculosis.
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This petition comes after the Bombay High Court, on September 11, 2023, ordered the relocation of the biomedical waste incinerator to an industrial area within two years. The court also advised the petitioners to approach the NGT for environmental compensation under the ‘Polluter Pays’ principle. Following this, the residents filed a public interest litigation (PIL) in the high court seeking compensation for environmental damage. However, the PIL was dismissed, and the court directed them to the NGT for further adjudication on the compensation matter.
The NGT’s Pune bench admitted the petition filed by the Govandi New Sangam Welfare Society against the state of Maharashtra and SMS Envoclean during a hearing on September 6. The petitioners, represented by Advocate Zaman Ali, submitted detailed reports outlining alleged violations and urged the tribunal to direct the calculation of Environmental Damage Compensation (EDC) for this period. The tribunal found merit in the arguments and admitted the application on September 6. Notices were issued to all respondents, requiring them to submit their replies within four weeks.
Govandi bio-waste plant: Panel’s findings
Govandi and Deonar residents approached the NGT in April 2022, accusing the state government of negligence. The petitioners argued that TB cases among thousands of residents were exacerbated by the pollution emitted from the plant. Locals claim they are forced to inhale toxic smoke daily and have expressed frustration over the government’s delayed relocation of the facility, which is nearly two years overdue. Seeking justice, they turned to the NGT for intervention.
On March 13, 2023, the NGT formed a joint committee comprising the Central Pollution Control Board (CPCB), the Maharashtra Pollution Control Board (MPCB), and the district magistrate and tasked it with visiting the site, gathering information and taking remedial action if violations of environmental laws were found. Their action report was submitted to the NGT’s western zone bench in Pune.
The petition claims SMS Envoclean failed to comply with environmental standards, particularly concerning emission norms and the proper segregation of biomedical waste. Inspections by the MPCB in 2018 and 2022 revealed numerous violations, including inadequate control systems for dioxins and furans, improper segregation of biomedical waste and effluent generation exceeding permissible limits. Despite several closure notices issued by MPCB, the violations persisted, leading to severe air pollution and posing a significant health risk to the local population.
Govandi bio-waste plant: Alleged violations
Additionally, the inspection committee found that workers handling biomedical waste (BMW) were not provided with adequate personal protective equipment (PPE), such as N-95 masks, rubber gloves and safety goggles. The committee directed MPCB to instruct the facility’s management to rectify this issue. “Workers engaged in handling BMW were provided with ordinary masks and disposable plastic gloves, except those working at the incinerator. These workers were not provided with adequate PPE,” the action-taken report stated.
The petition also revealed that SMS Envoclean was disposing of treated glass bottles, categorised as blue category BMW, to a facility named M/s Piyush Plastic in Chakan, Pune, for recycling. However, MPCB had not granted M/s Piyush Plastic permission to recycle glass bottles, as per the conditions stipulated in the CCA issued on December 19, 2022. The committee concluded that the biomedical waste treatment facility (CBMWTF) was non-compliant with these conditions.
Govandi bio-waste plant: Residents’ woes
The residents of Govandi, a densely populated area close to the incinerator, have long suffered from the effects of hazardous emissions. The area has seen a sharp rise in respiratory diseases, with thousands of residents being diagnosed with TB every year. The petition underscores the need for urgent compensation and remedial action to mitigate the damage caused by the facility's operations.
“Last year, we moved the Bombay High Court, which ordered the state and SMS Envoclean to relocate the facility within two years. Now, only one year remains. When we filed an RTI to check the status of the relocation, we were told it was ‘in process,’ but no further details were provided. Just one year is left to shift the facility from our backyard, as directed by the high court,” said Faiyaz Alam Shaikh, a Shivaji Nagar resident and founder-president of the New Sangam Welfare Society. Shaikh added, “While the NGT has stated that compensation will be decided by the state-appointed expert committee, according to our calculations, it amounts to approximately Rs 16 crore. This includes the costs incurred purchasing air quality monitoring machines.”
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