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1 The submissions of the learned counsel for the parties were heard on the last date. The Civil Application No.221 of 2013 made in a disposed of PIL by the Mumbai Municipal Corporation discloses shocking state of affairs in Mumbai. The city of Mumbai is stated to be the commercial capital of India. Now, it is sought to be made a "Smart" City. But, admittedly quantity of 60% to 70 % of the municipal solid waste generated every day in Mumbai is being illegally dumped in the city itself by the Mumbai Municipal Corporation. An affidavit was filed by the Municipal Commissioner of the Mumbai Municipal Corporation way back on 2nd March 2015 in which it is accepted that as of that date, there was a daily generation of 9400 Metric Ton (for short "MT") municipal solid waste and approximately 1000 MT of debris of buildings and that the generation of solid waste is likely touch 10,000 to 11,500 MT per day. The same affidavit and subsequent affidavits record the admitted position that there is only one proper facility in the city at Kanjur which has processing capacity of 3000 MT of solid waste per day. This facility is in conformity with the Municipal Solid waste (Management and Handling) Rules,2000 (for short "the MSW Rules"). Thus, as of March 2015, every day, a quantity of 7400 MT of municipal solid waste including the debris was being illegally dumped by the Mumbai Municipal Corporation (for short `the said Corporation'). The dumping is made at the sites at Deonar and Mulund This Order is modified/corrected by Speaking to Minutes Order dated 30/03/2016 3 cai221-110 which were required to be closed down long back as the same are not in conformity with the requirements of the MSW Rules. Today, after nearly one year, the quantity must be much more. On one hand, during last few years, the Government went on increasing Floor Space Index (for short "FSI") for the constructions in the city and on the other hand, though the MSW Rules came into force on 3rd October 2000, neither the State Government nor the said Corporation have bothered to comply with the MSW Rules. We may note here that Schedule-I of the MSW Rules contains implementation schedule. Read with Rule 4 of the MSW Rules, the Schedule-I provides that it is the obligation of a Municipal Authority to set up waste disposal and processing facilities in terms of the said Rules by 31st December 2003.

2 Now we come to the prayers made in Civil Application No.221 of 2013 filed in disposed of PIL. Way back on 2nd April 2013, this Court on the basis of the consensus of all the parties including the State Government disposed of the Writ Petition No.1740 of 1998 and other connected petitions including the present PIL No.217 of 2009. Clause 10 of the consent order granted only three months time to close down all the dumping sites which do not comply with the MSW Rules. Going by the said Judgment and Order, the dumping sites at Mulund and Deonar were required to be closed down by 2nd July 2013. Paragraph 15 of the said order granted maximum time of 24 months for setting up and commissioning of waste processing facility at existing sites. Thus, as far as the city of Mumbai is concerned, the time limit provided by the MSW Rules to set up waste disposal and processing facility is already over about 12 years back. The time provided under This Order is modified/corrected by Speaking to Minutes Order dated 30/03/2016 5 cai221-110 the Judgment and order of this Court to close sites at Deonar and Mulund has expired two and half years back and the time to set up facilities granted under the orders of this Court has expired on 1st April 2015. Substantial part of the solid waste generated in the city is being dumped at Deonar in gross breach of MSW Rules and the aforesaid Judgment and order of this Court. The present Civil Application filed by the said Corporation contains following prayers:

12 Analysis of the aforesaid affidavits shows that even if everything goes on smoothly, by the end of year 2019, the facilities in terms of the MSW Rules will be available to deal with the municipal solid waste of the quantity of only 8000 MT per day. These facilities may be sufficient to deal with only 50% to 60% of the municipal solid waste generated per day, as by that time, the generation of solid waste per day may easily reach quantity of 15,000 MT. There is absolutely no possibility that even till the end of the year 2019, facilities will be created in the city of Mumbai in terms of the MSW Rules to deal with the generation of entire quantity of the This Order is modified/corrected by Speaking to Minutes Order dated 30/03/2016 21 cai221-110 solid waste generated every day. That is why in one of the earlier orders, this Court observed that in the city of Mumbai, the MSW Rules are being observed only in breach.

We have already pointed out the subsequent part of the affidavit wherein the Chief Secretary has expressed that the real estate industry will suffer if there are restrictions imposed on the development. The learned senior counsel appearing for the Municipal Corporation has pointed out that nearly 80% to 85% proposals submitted for development are in respect of re-development projects. On one hand there is no real possibility of any Authority complying with the MSW Rules and on the other hand, the development by construction of buildings in the city continues on a very large scale. There are proposals for grant of additional FSI by amending the DCR. We are, therefore, of the view that, in case of certain development proposals, restrictions will have to be imposed. More so, because neither the State Government nor the Municipal Corporation has bothered to make a scientific assessment of the impact of large scale constructions going on in the city on the generation of the municipal solid waste in the city. Without This Order is modified/corrected by Speaking to Minutes Order dated 30/03/2016 33 cai221-110 doing any such scientific study, a contention is sought to be raised by the State Government that there is nothing on record to show that the constructions which are coming up in the city, will have any major impact on the quantum of solid waste generation in the city. Prima facie, it is very difficult to accept the contention. In any case, this contention could not have been raised without making a scientific study. It is obvious that more and more constructions in the city will increase population density which will generate more and more municipal solid waste as also construction waste.