Did the SC Just Open the Door for a Landfill in Mumbai’s Kanjurmarg?
Click to start listening
Synopsis
In a pivotal ruling, the Supreme Court has stopped the Bombay High Court's decision that classified nearly 120 hectares in Kanjurmarg as a protected forest, allowing the municipal corporation to proceed with landfill development. This decision raises important questions about environmental protection versus urban waste management.
Key Takeaways
- The Supreme Court has stayed a Bombay High Court ruling on Kanjurmarg land classification.
- Approximately 120 hectares of land is involved in the dispute.
- The land has been historically used as a landfill.
- The ruling raises questions about environmental conservation versus urban waste management.
- Compliance with the Forest Conservation Act is necessary for land de-notification.
New Delhi, August 1 (NationPress) The Supreme Court has temporarily halted a Bombay High Court ruling that had designated nearly 120 hectares of land in Mumbai’s Kanjurmarg area as a “protected forest”.
This interim relief, provided by a bench led by Chief Justice of India (CJI) B.R. Gavai and Justice K. Vinod Chandran, allows the Brihannumbai Municipal Corporation to proceed with the development of the site as a landfill for waste disposal.
During the proceedings, Solicitor General Tushar Mehta contended that the land in question has been historically utilized as a landfill and was mistakenly categorized as a “protected forest”. He further explained that the notification labeling the land as a “protected forest” was an error, leading the Maharashtra government to issue a de-notification to permit its continued use for waste management.
Upon reviewing the arguments, the apex court stated: “We will stay the order.”
The Bombay High Court's ruling on May 2 had annulled the state government’s notification that de-notified the 119.91 hectares of protected forest land at Kanjurmarg, which had initially been classified as a “protected forest” under a notification from 2008.
A bench comprising Justices G.S. Kulkarni and Somasekhar Sundaresan had dismissed the state government’s claim that the original notification was erroneous and referenced a 2003 Supreme Court ruling that allowed the site to be used as a landfill.
Justice Kulkarni's bench noted that the original classification of the land as a “protected forest” was grounded in satellite imaging, ground-truthing, and prior judicial rulings concerning mangrove protection.
In quashing the subsequent notification, the court determined that the de-notification contravened Section 2(1) of the Forest Conservation Act (FCA), which requires prior approval from the Union government before forest land can be diverted for non-forest use.
As a result, the land measuring 119.91 hectares has been reinstated to its status as a protected forest. The High Court emphasized that any attempt to de-notify the land must adhere to the due process outlined in Section 2(1) of the FCA, granting the civic body three months to align with the ruling.
Point of View
This ruling reflects a complex intersection of urban development, waste management, and environmental conservation. While the need for effective waste disposal solutions is pressing in densely populated cities like Mumbai, it is equally imperative to uphold the integrity of protected green spaces. The judiciary's role in balancing these interests is crucial as we navigate the challenges posed by urbanization.
NationPress
19/08/2025
Frequently Asked Questions
What did the Supreme Court rule regarding the Kanjurmarg land?
The Supreme Court stayed the Bombay High Court's decision which had restored nearly 120 hectares of land in Kanjurmarg as a protected forest, allowing the municipal corporation to continue using it as a landfill.
Why was the land initially classified as a protected forest?
The land was classified as a protected forest based on satellite imaging, ground-truthing, and judicial orders related to mangrove protection.
What is the significance of the Forest Conservation Act?
The Forest Conservation Act mandates that any diversion of forest land for non-forest purposes must receive prior approval from the Union government.
What is the immediate impact of the Supreme Court's decision?
The immediate impact is that the Brihannumbai Municipal Corporation can continue its plans for waste disposal at the site while the legal issues are resolved.
How does this ruling affect environmental conservation efforts?
This ruling raises concerns about environmental conservation as it highlights the tension between urban development needs and the preservation of protected ecosystems.
