Bombay High Court
Kannamwar Co-Op. Hsg. Soc. Association ... vs Union Of India And 6 Ors. on 21 January, 2026
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
Digitally
signed by
4-WP 790-18.DOC
PRAJAKTA
PRAJAKTA SAGAR
SAGAR VARTAK
VARTAK Date:
2026.01.29
13:36:26
+0530
Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 790 OF 2018
Kannamwar Co-Op. Hsg. Soc. Association Ltd. & Ors. ...Petitioners
Vs.
Union Of India & Ors. ...Respondents
WITH
PUBLIC INTEREST LITIGATION NO. 63 OF 2019
Vanashakti & Anr. ...Petitioners
Vs.
Municipal Corporation of Greater Mumbai & Ors. ...Respondents
_________
Mr. Abhijeet Rane for Petitioners.
Dr. G. R. Sharma with Mr. Anil Yadav and Mr. Pratik Tonti for Respondent
No.1/UOI (through V.C.).
Mr. Manish Upadhye, AGP for State.
Mr. Anil Sakhare with Mr. Rohan Mirpury, Ms. Pushpa Yadav i/b. Ms. Komal
Punjabi for Respondent/BMC.
Ms. Jaya Bagwe for Respondent No.4/MCZMA.
Mr. Rajshekhar Govilkar, Senior Advocate with Ms. Shaba Khan for Respondent
No.5/MPCB.
Mr. Tejas Bhide for Respondent No.6.
Mr. Saket Mone with Mr. Shrey Shah, Ms. Mitali Dhoble i/b. Vidhii Partners for
Respondent No.7 in WP.
Ms. Radha Bhandari i/b. M. V. Kini & Co. for Respondent No.8/AAI in WP.
__________
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 21 JANUARY 2026.
P.C.
1. Let the page numbers of the earlier affidavit be corrected.
2. Mr. Sakhare, learned senior counsel for the BMC, has placed on record a letter addressed by Mr. Kiran S. Dighavkar, Deputy Municipal Commissioner (Solid Waste Management), BMC, to Smt. Vidya Hampayya, Joint Secretary, U.D. Department, Government of Maharashtra, titled "A report regarding visit of Page 1 of 8 21 January 2026 ::: Uploaded on - 29/01/2026 ::: Downloaded on - 30/01/2026 21:33:11 ::: 4-WP 790-18.DOC Monitoring Committee at Kanjur MSW Processing facility on 09.01.2026". The contents of the said letter are required to be noted which read thus:-
" No.DMC/SWM/3310 Dtd. 20 JAN 2026
To,
Smt. Vidya Hampayya
Joint Secretary, U.D. Department,
Govt. of Maharashtra
Mantralaya,
Mumbai_400032.
Sub: A report regarding visit of Monitoring Committee at
Kanjur MSW Processing facility on 09.01.2026 Ref:- i) Hon'ble High Court's order dated 24.12.2025 in PIL No.63/2019.
ii) G.R. of GoM dated 02.01.2026.
Respected Madam, In this context, Monitoring Committee constituted under vide ref No.ii above visited at Kanjur MSW Processing Facility on 09.01.2026 at 01.30 pm. A report regarding the same is as below:-
1. Following Committee Members were present during visit:
1. Shri Umakant Dangat IAS (Retd.) Chairman
2. Dr. (Shri) Vipin Sharma Additional Municipal Member Corporation (WS), BMC
3. Shri Dafade MPCB Member
4. Dr. Ganesh Kale Senior Principal Scientist, Member Waste Management Vertical, CSIR-NEERI
5. Dr. (Shri) Anurag Garg Prof. Environmental Science Member & Engineering dept(ESED) IIT Bombay, Mumbai
6. Shri Prashant Bhave Environmental Engineering Member Expert, Professor (Adjunct) & Retd Asso. Prof & former Head, Civil & Environmental Engg Department, VJTI, Mumbai
7. Shri Kiran Dighavkar D.M.C.(SWM) Member Secretary
2. A detailed presentation regarding Kanjur Solid Waste Management Processing facility was delivered before Monitoring Committee. Monitoring Committee was also briefed about odor-related Page 2 of 8 21 January 2026 ::: Uploaded on - 29/01/2026 ::: Downloaded on - 30/01/2026 21:33:11 ::: 4-WP 790-18.DOC issues, outlining control measures already being implemented, including monitoring and mitigation steps.
3. Monitoring Committee visited the Material Recovery Facility, Composting Facility, and Bioreactor Landfill Facility (BLF) at Kanjur MSW Processing site where the set-up, processes, and daily operations were briefed in details.4. Monitoring Committee reviewed the compliance of short term measures suggested by the High Power Committee for mitigation of foul odor as below:-
Sr. Odor Control Measures Before Visit After Visit Implementation No 1 Enhance bio-enzyme Bio-enzyme spray- Bio-enzyme spray- Increased spraying frequency and ing carried out at a ing carried out at a coverage rate of 14 kg/day rate of 16 kg/day 2 Expand misting network 450 mtr misting Additional deploy- Increased system at cell top & ment of a fogger in peripheral of MRF Plant.
leachate ponds
3 Deploy Additional - 1 Cannon One additional
misting cannon with fine cannon deployed
droplet size (In addition on pilot basis.
to existing 7 misting
canons)
4 Improve soil covering on Soil cover work was In Bioreactor MSW unloading
inactive landfill cells in progress Landfill Cell No.5, activities in Biore-
an area of 6,000 sqm actor Landfill Cell
at the top has been No.6 are currently
covered with soil. In in progress.
Bioreactor Landfill
Cell No.7, 4,000
sqm of the top area
and 2,000 sqm of the
slope area have been
covered with soil.
5 Strengthen complaint Telephonic Telephonic & Enhanced access-
redressal with mobile additionally 2 ibility
odor monitoring units. email IDs
6 Seasonal Preparedness- (1:1000) (2:1000) Deodor- Enhanced
increase deodorant Deodorant ratio ant ratio
concentration during
winter evenings
7 Procurement of - Implementation Expected to be
Tarpomatc cover for will be done soon delivered by the
BLF end of February
2026
5. Monitoring Committee verified the citizen grievance redressal mechanism regarding foul odor. The details displayed on BMC Portal are as below:
[email protected] [email protected] Page 3 of 8 21 January 2026 ::: Uploaded on - 29/01/2026 ::: Downloaded on - 30/01/2026 21:33:11 ::: 4-WP 790-18.DOC 24 hrs. helpline number-8080032282 The daily average complaints of foul odor from 31.12.2025 to 19.01.2026-
i. No.of Complaints received on Mail (average per day)-4 ii. No.of complaints received on Helpline No. (average per day)- 17 iii. Total No.of complaints received (average per day)- 21 The details of the same is annexed as Annexure No.I.
6. Monitoring Committee reviewed the SOP adopted as Compliant Redressal System. SOP is annexed as Annexure No.II.
7. A site visit to Solid Waste Processing project facility in Lucknow, Uttar Pradesh is scheduled by the first week of Feb 2026.
8. Minutes of the said visit will be submitted in due course of time."
3. From what has been urged before us by the learned counsel for the petitioners, and not disputed on behalf of the contractor managing the Solid Waste Processing facility at the site in question, it is evident that approximately 300 complaints were received in regard to odor-related issues generated from the site in question. It is the contention of Mr. Mone, learned counsel who represents the contractor, that the complaints were immediately attended by his clients and satisfactory responses were provided. However, the said contention is disputed on behalf of the petitioners.
4. On behalf of the petitioners, it is submitted that although a committee has been constituted by an order of this Court dated 08 July 2025, which has become functional from 8 December 2025, the meetings of the committee are being held behind closed doors. It is contended that there is a lack of transparency insofar as the petitioners and the affected citizens are concerned. It is therefore submitted that a representative of the petitioner be also appointed as an additional member Page 4 of 8 21 January 2026 ::: Uploaded on - 29/01/2026 ::: Downloaded on - 30/01/2026 21:33:11 ::: 4-WP 790-18.DOC of the said committee so that the petitioner has a representation and can participate in the deliberation and appropriate views can be expressed.
5. We find that there is nothing adversarial in the present proceedings. The committee appointed by this Court is intended to improve conditions at the site in question, ensuring protection of the valuable rights of citizens of residing in the vicinity of a pollution free environment, while at the same time, enabling the Solid Waste Management Processing facilities to function without a nuisance of foul smell/stink caused by dumping and emission of gases and odor thereof.
6. We also take note of the affidavit of compliance filed on behalf of respondent no.6- contractor, wherein it is stated that mechanisms have been put in place for addressing four odor and redressing complaints. On perusal of the annexures to the said affidavit, it is evident that the responses to odor-related complaints are couched in generic terms and do not disclose specific remedial steps taken in respect of individual complaints. The response reads as under:-
"After receipt of complaint, the Junior Environment Officer personally cross verifies operations of odor control systems at site. The Junior Environment Officer also visits the complainant's location. Depending on source and intensity of odor, Jr. Environment Officer coordinates with the respective plant supervisors for readjustment of odor neutralizer concentration."
7. It appears to be a blanket explanation/answer to all the complaints and does not sufficiently set out the nature of steps taken in relation to the specific complaints as received.
8. In this view of the matter, we are of the opinion that no prejudice would be caused to any party if one representative of the petitioners is appointed as a Page 5 of 8 21 January 2026 ::: Uploaded on - 29/01/2026 ::: Downloaded on - 30/01/2026 21:33:11 ::: 4-WP 790-18.DOC member of the committee. We accordingly permit the petitioners to nominate Mr. Rajkumar G. Sharma, who shall also be inducted as a member of the said committee. The constitution of the committee as directed by this Court in its order dated 08 July 2025 shall stand amended accordingly.
9. Insofar as the measures suggested by the committee are concerned, it is evident from the communication noted hereinabove that certain effective measures have been proposed, which are required to be immediately implemented in an appropriate manner. We find that the committee has also suggested Procurement of "Tarpomatic cover for BLF" with the remark that implementation shall be made soon and it is expected to be delivered by the end of February 2026.
10. We find from the information which is available on the internet that a tarpomatic cover refers to the following system:-
"A Tarpomatic cover refers to an automatic tarping system used primarily in landfills to deploy large, reusable tarps (geosynthetic panels) over active waste, replacing traditional dirt cover to save airspace, control odors, reduce fire risk, and cut costs. The system uses a machine mounted on compactors or dozers to quickly unroll and retrieve these durable, often weighted, fabric covers, enhancing environmental control and operational efficiency at waste facilities.
Key Features & Benefits:
Automated Application: Deploys and retrieves large tarps with one machine and operator.
Airspace Savings: Uses less space than traditional soil cover, increasing landfill capacity.
Odor & Pest Control: Reduces unpleasant smells, dust, and insect issues.
Fire Prevention: Restricts airflow, lowering the risk of fires. Cost-Effective: Saves money on purchasing and hauling soil. Versatile: Can be adapted for various landfill needs and even custom applications.Page 6 of 8
21 January 2026 ::: Uploaded on - 29/01/2026 ::: Downloaded on - 30/01/2026 21:33:11 ::: 4-WP 790-18.DOC How it Works:
1. Mounting: The Tarpomatic Automatic Tarping Machine (ATM) attaches to a landfill compactor or dozer.
2. Deployment: The operator unrolls a large, strong fabric tarp over the exposed waste.
3. Retrieval: The tarp is then quickly retrieved in the morning for the day's operations.
4. Materials: Uses durable, sometimes weighted, tarpaulins designed for harsh landfill environments.
11. We thus note from the available material that a Tarpomatic cover refers to an automatic tarping system used in landfill operations to cover exposed waste, thereby reducing odor, dust, insect infestation, and fire risks. If implemented effectively, such a system would substantially address odor-related grievances. The complaints raised by the petitioners in this regard therefore warrant serious consideration and prompt implementation of the said measure.
12. We further note that the committee has scheduled a site visit to the Solid Waste Processing Project facility at Lucknow, Uttar Pradesh. The committee members shall proceed with the said visit. We also permit the newly inducted representative of the petitioners to accompany the committee for the said visit. The travel and stay expenses in this regard shall be borne by the contractor. A report of the said visit shall be placed on record on the adjourned date of hearing.
13. With the aforesaid observations, we are of the opinion that all effective steps on day to day basis shall be taken by the contractor, in consultation with the Municipal Corporation, to ensure due compliance with the earlier orders passed by this Court, which were necessitated by concerns regarding breach of the rights of the affected citizens.
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14. The proceedings are accordingly adjourned to 24 February 2026 (H.O.B.). On the said date, further developments, including the status of implementation of measures and the expected date of arrival of the imported equipment, shall be informed to the Court.
(AARTI SATHE, J.) (G. S. KULKARNI, J.) Page 8 of 8 21 January 2026 ::: Uploaded on - 29/01/2026 ::: Downloaded on - 30/01/2026 21:33:11 :::