Bombay High Court
Sanjay Yelve vs Union Of India Through The Ministry Of ... on 24 February, 2026
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
4.WP.790.2018.DOC
Digitally
signed by
PRASHANT
PRASHANT VILAS
VILAS RANE
RANE Date:
2026.03.02
19:54:38
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.790 OF 2018
Kannamwar Co-op.Hsg.Society Association Ltd
and others Petitioners
versus
Union of India and others Respondents
WITH
INTERIM APPLICATION (L) NO.3527 OF 2026
IN
WRIT PETITION NO.790 OF 2018
Sanjay Yelve Petitioner
versus
Union of India and others Respondents
WITH
PUBLIC INTEREST LITIGATION NO.63 OF 2019
Vanashakti and another Petitioners
versus
Municipal Corporation of Greater Mumbai
and others Respondents
_______
Mr.Abhijeet Rane for Petitioners.
Mr.Anil Yadav for Respondent no.1 Union of India.
Ms.Jyoti Chavan, Additional Govt.Pleader, with Ms.Nazia Shaikh, AGP, for State
Mr.Anil Sakhare, Senior Advocate, with Mr.Yashodeep Deshmukh and Rohan
Mirpury, Ms.Pushpa Yadav i/by Ms.Komal Punjabi for BMC
Ms.Jaya Bagwe for Respondent no.4 MCZMA.
Mr.Rajshekhar Govilkar, Senior Advocate, with Ms.Shaba Khan, Mr.Mihir
Govilkar for Respondent no.5 MPCB.
Mr..Tajas Bhide for Respondent no.6.
MrSaket Mone with Mr.Shrey Shah, Ms.Mitali Dhoble i/by Vidhi Partners for
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4.WP.790.2018.DOC
Respondent no.7 in Writ Petition.
Ms.Radha Bhandari with Mr.Dheer Sampat i/by M.V.Kini & Co. for Respondent
no.8 AAI in Writ Petition.
Mr.Y.R.Mishra with D.A.Dube with Mr.N.R.Prajapati, Upendra Lokegaonkar,
Mr.Sachidanand T.Singh for Respondent UOI in PIL. PIL.63/2019.
Mr.Zaman Ali for Petitioner in PIL.63/2019.
_______
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 24th February 2026 P.C.
1. The proceedings are listed today on the backdrop of the order dated 21 st January 2026. Mr.Sakhare, learned Senior Advocate, appearing for the Municipal Corporation has placed on record a report of the Monitoring Committee constituted by this Court. In the report reference is made to several facilities for disposal of solid waste including the facilities at Lucknow, in regard to which we have made observations in our earlier order dated 21 st January 2026. This report is submitted to the Member Secretary of the High Power Committee (HPC) appointed by this Court, vide letter addressed to Smt.Vidya Hampayya, Joint Secretary, Urban Development Department.
2. Mr.Sakhare has taken us through this report. The report is quite comprehensive suggesting 'long term' and 'short term' measures including foreign visits which are necessary for contemporary studies to be undertaken as to how the major cities in various countries are undertaking such activities in treating the Page 2 of 14 M.S.Thatte ::: Uploaded on - 02/03/2026 ::: Downloaded on - 06/03/2026 21:32:40 :::
4.WP.790.2018.DOC municipal solid waste. As to what are the methods, facilities, technology and norms in that regard which would conserve environment and ecology certainly are required to be examined, studied and implemented, in the present situation at Mumbai.
3. The report has clearly recorded that the Kanjurmarg facility falls within the urban environment and requires stringent and advance technology. In such context an urgent need is felt for technical transition and for implementing the short and the long term measures, which are identified by the Monitoring Committee, and set out in the report. We note the "Executive Summary" which the report records. The relevant extracts read thus:
"2. Executive Summary The present Executive Summary provides an overview of the status, findings, and proposed way forward for the Kanjurmarg Municipal Solid Waste (MSW) Processing Facility, as examined by the High-Level Committee (constituted vide Government Resolution dated 08th December 2025) and the Monitoring Committee (constituted vide Government Resolution dated 02nd January 2026) under directions of the Hon'ble Bombay High Court in PIL No. 63 of 2019.
The summary draws upon:
(i) site inspections at Kanjurmarg on 21st December 2025 and 09th January 2026, and
(ii) a comparative assessment following the Monitoring Committee's visit to the Lucknow Shivri SWM Facility on 05th & 06th February 2026.
2.1 Background and Context Mumbai generates approximately 7,200 TPD of municipal solid waste, of which nearly 6,000 TPD is processed at the Kanjurmarg facility through a combination of:
• Bioreactor Landfill (BLF) for 5,000 TPD, • Windrow composting for 1,000 TPD, and • A Material Recovery Facility (MRF) for segregation of recyclables and RDF.
The facility currently operates under a long-term DBOOT concession valid until Page 3 of 14 M.S.Thatte ::: Uploaded on - 02/03/2026 ::: Downloaded on - 06/03/2026 21:32:40 :::
4.WP.790.2018.DOC 2036, with a provision permitting change of processing technology. National policy developments, including directions from the Prime Minister's Office and MoHUA, call for phasing out legacy BLF-based reliance and shifting to advanced waste-to-energy (WtE), CBG, and scientific processing, consistent with SWM Rules 2016 and updated environmental norms.
2.2 Key Observations from Committee Visits to Kanjurmarg 2.2.1 Operational Status The facility is functional and handling large volumes of incoming waste. Existing infrastructure - MRF lines, composting sheds, BLF cells, leachate management systems, landfill gas recovery and waste to energy via landfill-gas generator is in place. Multiple environmental controls such as misting systems, deodorant spraying, bio-enzyme applications, leachate treatment, and soil cover have been deployed; several upgrades were underway pursuant to High-Level Committee directions.
2.2.2 Environmental and Public Concerns Odour remains the core grievance received through the 24×7 helpline, with a high concentration of complaints during evening hours. Although many complaints were resolved within operational response times, seasonal and wind-
pattern variations significantly affect perception. The Monitoring Committee recognized the need to intensify source-level odor control, revisit compost windrow heights, strengthen bio-enzyme dosing. and expand misting infrastructure.
2.2.3 Regulatory Monitoring and Compliance Needs The Committee emphasized:
• Improvement of air quality monitoring systems, including installation of continuous AQI instrumentation.
• Strengthening the scientifically mandated green zone, with detailed mapping of tree cover and plantation density. • Upgrading SLF operations exclusively for inert rejects as per SWM Rules. • Systematic record-keeping, grievance analysis, and operator accountability where lapses occur.
2.3 Findings from Comparative Study Visit to Lucknow SWM Facility The Monitoring Committee's visit to the Lucknow Shivri plant confirmed the following:
2.3.1 Technology Not New Compared to Mumbai The operational model observed in Lucknow covering fresh waste processing, windrow composting, segregation, and dry/wet waste management - is already in place at Kanjur. While Lucknow Municipal Corporation adopted this approach in November 2025, BMC has been using the same technology since 2018.
Therefore, it does not introduce any fundamentally new technological solutions beyond what BMC already has.
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4.WP.790.2018.DOC 2.3.2 Processing Scale Lucknow processes around 1,300-2,100 TPD, against Mumbai's ~6,000-7,000 TPD throughput.
2.3.3 Locational advantage in rural area, out of Municipal limits The Lucknow facility is situated 10 km outside the city limits in a rural area, with an existing buffer zone of about 2 km due to undeveloped surrounding land. This location naturally aids in odour dispersion and reduces potential public nuisance. In contrast, the Kanjurmarg site operates within an urban environment with far higher habitation proximity, requiring more stringent controls and advanced technologies.
2.3.4 Other Observation at Shivri Site During the visit, it was observed that noticeable odor, bird activity and stray dogs were present conditions that differ from the performance standards expected in Mumbai. However, officials from LMC accompanying the monitoring committee at the Shivri site noted that such odor levels are considered typical and acceptable for facilities of this nature, reflecting their operational experience with this type of waste-processing setup. The scientific MSW processing unit is being continuously monitored by NEERI since 2024.
2.4 Need for Technological Transition Based on the observations made during the visit, the monitoring committee concluded that there are no immediately implementable plug-and-play takeaways from the Lucknow facility. This is because BMC has already deployed the advanced waste-processing technologies currently in use at Kanjurmarg, with the primary constraints being the site's close habitation and associated odor challenges arising there from.
Based on national policy, global benchmarks, and urban environmental constraints, the Committee concluded that Mumbai must gradually transition from a BLF-dominant system to an integrated scientific processing ecosystem, including:
• Waste-to-Energy (mass incineration) for dry waste (RDF or directly combusted fractions/SCF), • Bio-methanation / CBG or Bio CNG for wet organic waste, • Forced aeration-based windrow composting • A scientific SLF only for rejects.
These technologies can significantly reduce land demand, methane emissions, and odour, and improve resource recovery - aligning with MoHUA and NGT directions.
2.5 Short-, Medium-and Long-Term Measures Identified Short-Term (Immediate) • Enhanced bio-enzyme application, • More misting/cannons and deodorant dosing.
• Increased soil cover on BLF cells, Page 5 of 14 M.S.Thatte ::: Uploaded on - 02/03/2026 ::: Downloaded on - 06/03/2026 21:32:40 ::: 4.WP.790.2018.DOC • Strengthening complaint response and tracking. • Avoidance of wastewater pockets Medium-Term (Engineering Intervention) • Feasibility assessment and installation of bio-filters at MRF • Activation of continuous air quality monitoring stations, • Evaluating activated-carbon/odor scrubbing technologies. Long-Term (Technology Transformation) • Transition to an integrated WtE + CBG + composting + SLF model, • Relocation of current MRF and aligned processing zones nearer BLF
Cells 1 & 2 for better layout, and buffer zone maintenance • Development of an urban afforestation belt to establish a green protective buffer on the side facing nearby residential areas, while the other three sides already benefit from existing protected green zones.
• Adoption of "change of technology" provisions under the existing concession.
2.6 Need for Further Benchmarking at International Facilities Considering Mumbai's sizeable waste generation of approximately ~7,000 TPD, the Committee recommends that the High-Level Committee undertake exposure visits to major international waste-to-energy facilities operating at similar capacities, such as:
• Dubai Waste Management Centre (5,666 TPD, 200 MW), • Shenzhen WtE plants, China (5,600-8,800 TPD), • Japan's decentralized high-efficiency incineration systems (200- 1,800 TPD) These visits will help finalize technical specifications appropriate for Mumbai's long-term integrated waste management plan.
2.7 Conclusions :
The Committee collectively conclude that while Kanjurmarg possesses significant installed capacity and modern baseline systems, Mumbai's waste realities and public-health sensitivities necessitate a clear, time-bound technological upgradation anchored in globally proven scientific methods.
The comparative assessment in Lucknow indicates that there is no plug-and-play solution that can be directly replicated in Mumbai. Since BMC has already implemented the advanced technologies currently feasible at the Kanjurmarg facility, the way forward lies in upgrading existing systems and integrating next- generation global technologies used in countries such as the UAE, China and Japan. A structured, three phase strategy - immediate odor-mitigation measures, medium-term engineering enhancements, and long-term technological transformation - should therefore be pursued under the supervision of the court. The proposed integrated solution will :
- Reduce landfill dependency by up to ~80%,
- Generate renewable electricity, green fuel (CBG), and city compost, Page 6 of 14 M.S.Thatte ::: Uploaded on - 02/03/2026 ::: Downloaded on - 06/03/2026 21:32:40 :::
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- Improve surrounding air quality and environmental health,
- Ensure compliance with national directives and SWM Rules,
- Position Mumbai among global leaders in sustainable waste management."
4. The following are the observations and recommendations in paragraph 23 of the report:-
"23. Observation & Recommendation In accordance with the directions of the Hon'ble Bombay High Court (PIL 63/2019) and Government Resolution dated 02.01.2026, the Monitoring Committee conducted a detailed inspection of the Kanjurmarg MSW Processing Facility on 9th January 2026 and reviewed the Lucknow SWM Facility during the study visit on 5th & 6th February 2026.
This report presents formal recommendations to the High-Level Committee (HLC) based on:
• Observations in the attached Kanjurmarg report, • Comparative evaluation of the Lucknow facility, and • Additional technical considerations as directed by MOHUA. NGT, and global best practices.
Key Comparative Findings from Lucknow Visit The Monitoring Committee makes the following observations based on the study visit and review of operations at Lucknow (Shivri Plant):
• Similarity of Technology Already Available at Kanjur Since 2012 The Lucknow facility operates using windrow composting and basic mechanized segregation, which is already available at Kanjur since 2018 through its MRF, composting shed systems, and BLF-based operations. Therefore, no additional plug- and-play technological advantage is observed that would warrant replication.
• Handling Capacity Compared to BMC Lucknow processes ~2,100 TPD of fresh waste, whereas Kanjur handles ~6,000 TPD, almost three times higher.
• Siting Advantage: Rural Location with Mandatory 2 km Buffer The Lucknow Shivri facility is situated outside city limits in a rural zone with an explicit ~2 km buffer declared by the Lucknow Development Authority.
Kanjur, however, operates in a dense urban environment, meaning:
• Odour dispersion is more challenging,
• Civil infrastructure needs stronger controls, and
• Any technological adaptation must consider stricter ambient
environmental constraints.
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Need for Scientific Waste Management Technology (MoHUA, NGT & Global Recommendations) The Monitoring Committee reiterates that the long-term solution must align with MoHUA's directives, NGT orders, CPCB guidelines, and global best practices, all of which emphasize:
• Waste-to-Energy (mass-burn),
• Bio-methanation / CBG,
• Controlled composting,
• Scientific SLF for inert rejects,
• Reduction of landfill dependency.
Such technologies are already proven globally and in major cities including Shenzhen, Dubai, Singapore, and Tokyo.
------------------------------------------------------------------------------------------- Phased Recommendations for Kanjurmarg Facility A. Short-Term Measures (Immediate Mitigation) As also detailed in Annexure I of the report, the following should continue and be strengthened:
1. Enhanced bio-enzyme spraying across MRF, compost pads, BLF cells, and access roads.
2. Increased misting coverage, including additional misting cannons.
3. Soil cover improvement on inactive/blended BLF cells.
4. Seasonal deodorant adjustments, especially during winter evenings.
5. Strengthened complaint redressal system with better analytics & response tracking.
These measures must be implemented with daily logs and compliance reporting.
------------------------------------------------------------------------------------------- B. Medium-Term Measures (Engineering Interventions) The Monitoring Committee recommends:
1. Installation of Bio-Filters at MRF area • Operator to perform a detailed feasibility study assessing:
. Expected odour load .Media type, airflow requirements .Integration with ventilation systems .Health & safety risk assessment for workers (bioaerosols, pathogens.
VOCs).
2. Activated Carbon / Odour Scrubbing Systems Page 8 of 14 M.S.Thatte ::: Uploaded on - 02/03/2026 ::: Downloaded on - 06/03/2026 21:32:40 :::
4.WP.790.2018.DOC To be evaluated wherever feasible based on source-mapping of odour hotspots.
3. AQI and Ambient Air Monitoring Station Installation\ As directed in the meeting minutes, a continuous monitoring system must be installed.
----------------------------------------------------------------------------------------- C-Long-Term Measures (Technology Transition Under "Change of Technology"
Clause) Under RFP Clause 4.1 (Change of Technology), and MoHUA's directive to phase out BLF, the Monitoring Committee recommends adopting an integrated advanced solution, combining:
1. Waste-to-Energy (WTE) for dry/high-calorific waste
2. CBG/Bio-methanation for wet waste
3. City Composting (in a controlled, enclosed environment)
4. SLF for inerts only, designed scientifically
5. Relocation of Existing MRF to the area near BLF Cell 1 & 2, along with other processing facilities
6. Urban Afforestation / Green Belt Development • High-density plantation towards residential areas • Acts as a windbreak, odour barrier, and ecological buffer • Helps meet green zone requirements This integrated model significantly reduces land requirement, aligns with national polic and ensures circular resource recovery.
------------------------------------------------------------------------------------------ Recommendation for High-Level Committee (HLC)-International Benchmarking Visit Given that Mumbai handles 6,000-7,000 TPD. the Monitoring Committee recommends that the HLC undertake site visits to large-scale global facilities before finalizing technology for Kanjur.
Suggested facilities include:
UAE • Dubai Waste Management Centre, Warsan (5666 TPD, 200 MW) China • Shenzhen East WtE Plant (5600 TPD) Page 9 of 14 M.S.Thatte ::: Uploaded on - 02/03/2026 ::: Downloaded on - 06/03/2026 21:32:40 :::
4.WP.790.2018.DOC • Bao'an WtE Plant (8875 TPD cumulative) Japan • Tokyo 23-Ward Incineration System (multi-plant, high-efficiency, ultra-low emissions) These facilities operate successfully at or above 5,000 TPD, making them appropriate benchmarks for Mumbai.
------------------------------------------------------------------------------------------- Conclusion Based on detailed review of the Kanjurmarg facility, the Lucknow visit, and scientific/ technological considerations, the Monitoring Committee recommends that the High-Level Committee:
• Adopt a phased scientific approach (short/medium/long term).
• Transition from BLF-heavy operations to an integrated WTE+CBG+Compost+SLF model.
• Shift certain processing units (MRF) to more suitable zones within the project site.
• Strengthen odour, leachate, and air quality controls immediately. • Undertake international benchmarking visits to inform final technological selection.
The recommendations aim to ensure long-term environmental compliance, sustainable waste processing, public health protection, and alignment with national waste-to-energy and circular economy initiatives in line with Solid Waste Management rules 2016 and 2024."
5. We are informed by Ms.Chavan, learned AGP, that the aforesaid report is already submitted to the HPC. The HPC will now convene its meeting under the guidance of Hon'ble Deputy Chief Minister, who is also the Minister for Urban Development Department, and all the issues mentioned in the report of the Monitoring Committee would be discussed for further appropriate actions to be taken.
6. In the mean time, considering the urgent situation at Kanjurmarg certainly there is an immediate requirement of technology and effective methods to be adopted and implemented. In such context, we appreciate the suggestions, as made Page 10 of 14 M.S.Thatte ::: Uploaded on - 02/03/2026 ::: Downloaded on - 06/03/2026 21:32:40 :::
4.WP.790.2018.DOC by the Committee, more particularly, the modern and technically advanced facilities implemented in Dubai (UAE), Shenzhen (China) and Tokyo (Japan) being required to be studied by visiting the sites in these countries and best of the reforms to be brought about and implemented at the Kanjurmarg site. There is nothing adversarial in the present proceedings. We accordingly accept the report on the visits to be undertaken as suggested by the committee. The Municipal Corporation accordingly shall chalk out a programme for visit of the members of Committee, which would also include the advocates who are assisting the Court, representing the different stakeholders in the present proceedings, as socio-legal issues, of vital importance are involved, in the present proceedings, hence, such study on their part would in fact assist the Court in coming to an appropriate unanimous conclusion. It is stated that learned Advocates Mr.Abhijeet Rane (for petitioner), Mr.Saket Mone (for respondent No.7), Ms.Jyoti Chavan (Additional Government Pleader) shall accompany the members of the expert committee to visit the places so that appropriate assistance could be rendered to this Court on their independent observations in respect of which a report of their visit, shall be prepared alongwith proper photographs and videos and be placed on record. Let the visits be appropriately planned.
7. We may also observe that the immediate need for the Municipal Corporation is to create a permanent robust technical cell, considering such large scale disposal of waste, although outsourced, the activities at the site are required to be monitored and implemented effectively, when issues of serious public concern affecting the right to life are involved in such activities being undertaken by the Page 11 of 14 M.S.Thatte ::: Uploaded on - 02/03/2026 ::: Downloaded on - 06/03/2026 21:32:40 :::
4.WP.790.2018.DOC Municipal Corporation through its contractors/respondent No.7. The technical cell to be created by the Municipal Corporation needs to be proactively functional throughout the year, and the experts therein would monitor the same, as suggested by the Committee. It is only then, such issues can be effectively managed so as to protect the fundamental rights of the citizens who are adversely affected by the severe pollution created by the dumping grounds by providing a stink free/ odourless breathing, maintaining fresh air. This more particularly, when admittedly, such dumping facilities are situated close to the human habitation. Also a lush green buffer zone needs to be created as an urgent measure.
8. Mr.Mone, learned counsel appearing for Respondent no.7/contractor, has also placed on record an affidavit setting out the measures which are taken in the interregnum and more particularly, in the context of what was observed by this Court in the order in regard to procurement of what is described as Tarpomatic Cover system being imported. There is a specific statement as made in the affidavit of Shri. Srinivasan Kannan Chari, DGM (Operations) filed on behalf of Respondent no.7, to the effect that Respondent no.7 has purchased the Tarpomatic Cover system from Tarp Armor company based in the United States of America. As and when the same is fully delivered along with the essential components, the same will be installed on the site. We do not delve into other aspects of the affidavit, suffice it to observe that it is in the fitness of the things, that early steps are taken and tarpomatic cover installed by Respondent no.7. The system once installed would enhance the operational efficiency and safety and would reduce odour emissions, prevent the release of gases, odours during the receipt and Page 12 of 14 M.S.Thatte ::: Uploaded on - 02/03/2026 ::: Downloaded on - 06/03/2026 21:32:40 :::
4.WP.790.2018.DOC handling of municipal solid waste as also reduce fire risks. Insofar as other contents of the affidavit are concerned, we shall delve on the same at the further hearing of the proceedings.
9. Considering the grievance as made by Mr.Mone, learned counsel for Respondent no.7 that although complaint mechanism for installation of helpline numbers is provided, repetitive, bogus / non genuine calls are received purporting to make complaints. He states that such callers use abusive and filthy language. If what is being stated by Mr. Mone is true, it is certainly a matter of serious concern, as complaint mechanism is provided not for such vilification. We hence permit Respondent no.7 to obtain permission for recording the phone calls and lodge complaints against such persons with numbers, which would be then investigated and criminal action could be taken against such callers.
10. We may again observe that it can only be a dream that overnight changes can be brought about and the situation at the dumping site be improved, however, the dream can be turned into a reality only when effective steps are taken as suggested by the Monitoring Committee in addressing the recurring issues. Thus, considering the larger public interest all such steps need to be taken in its proper perspective, keeping in mind that it is fundamental that the citizens who are adversely affected due to the polluted air caused by such activity, ought not to continue with such suffering.
11. In this view of the matter, we await the deliberations which would take place before the HPC, which is acting under the guidance and supervision of the Page 13 of 14 M.S.Thatte ::: Uploaded on - 02/03/2026 ::: Downloaded on - 06/03/2026 21:32:40 :::
4.WP.790.2018.DOC Hon'ble Deputy Chief Minister/Minister for Urban Development Department. We certainly hope that with the wisdom and experience of such high officials, effective steps would be taken so that the facilities which are created at Kanjurmarg Dumping Ground site become exemplary and are replicated throughout the country being recognised as model facilities by adopting the use of ultra modern technology by the Municipal Corporation which is one of the largest public body in the Asian continent.
12. In the mean time, the Respondent no7 shall implement all the short term measures suggested by the Monitoring Committee and the same be reported to the HPC, all these steps taken, be placed on record on an affidavit.
13. We also record a concern on behalf of the Petitioner that there are severe emissions every day between 1.00 a.m and 7.00 a.m. This is brought to the attention of Mr.Mone, learned counsel for Respondent no.7, who has assured the Court that situation would be looked into and immediate steps would be taken to prevent such emissions, if they are happening.
14. With the aforesaid observations we adjourn the proceedings by three weeks.
15. Stand over to 17th March 2026.
(AARTI SATHE, J.) (G. S. KULKARNI, J.) Page 14 of 14 M.S.Thatte ::: Uploaded on - 02/03/2026 ::: Downloaded on - 06/03/2026 21:32:40 :::