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Order of the Supreme Court of India regarding discharge of untreated waste into sea and water bodies, Greater Mumbai, Maharashtra, 13/08/2021

  • 13/08/2021

Order of the Supreme Court of India in the matter of Municipal Corporation of Greater Mumbai Vs Nitin Shankar Despande & Others dated 13/08/2021.

The matter related to discharge of untreated waste into the sea, creek and river bodies, Mumbai, Maharashtra.

The Municipal Corporation, Greater Mumbai filed an application in the Supreme Court appealing for a stay against the order of the National Green Tribunal, asking the Municipal Corporation and the Municipal Commissioner to respond to the notice issued by the NGT. However, the apex court said that recourse to coercive steps against the Municipal Commissioner is not appropriate and that reasonable time must be given to MCGM and the Municipal Commissioner to apprise the Tribunal of the steps taken in the matter.

The Supreme Court, August 13, 2021 directed that within a period of two weeks, the Municipal Commissioner should file an affidavit before the NGT categorically indicating the steps which have been taken to comply with the directions of the NGT, particularly in regard to ensuring compliance with the requisite standards for the discharge of effluents including municipal waste and sewage. The affidavit shall set down a concrete plan of action for the future. Pending further orders, no coercive steps should be taken against the Municipal Commissioner or the Municipal Corporation in pursuance of the NGT order, July 16, 2021.

The directions "should not be interpreted as a carte blanche to the Municipal Corporation to continue to violate the prescribed pollution control norms in the interregnum and all steps shall be taken in the meantime to ensure compliance," the SC order said.