Mumbai: A public interest litigation (PIL) petition has been filed in the Bombay High Court highlighting the alarming rise in air pollution in Govandi, Deonar and Chembur areas and sought closure of the Ready Mixed Concrete (RMC) plants operating in the residential areas.
The PIL by Earth NGO emphasises that people have “fundamental right to breathe pollution free air” and the air pollution caused by the RMCs is affecting the health of lakhs of residents and the same
The PIL has sought that the court direct the authorities to prohibit three companies — M/s JSW Green Cement Pvt Ltd, M/s Shri Lalit Nagpal Ready Mixed Concrete Plant and M/s Dev Infra — from operating RMC plants at their current locations and to ensure these companies do not contribute to air pollution. It also seeks an injunction to prevent these companies from running RMC plants operations in residential areas.
The NGO, after reading media reports on pollution, met residents in the area, who expressed readiness to support legal action. Residents from affected areas have also formed the Govandi Residents Action Committee Against Pollution (GRACP) to advocate against the pollution caused by these RMC plants.
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Initially, the NGO filed a petition through Advocates Vikram Sutariya and Neha Sutariya, however, considering the larger public interest involved, the HC asked it to convert the same to a PIL petition.
On November 7, 2016, the Maharashtra Pollution Control Board (MPCB) issued guidelines for RMC plants. The residents of one Neelkanth Gardens Cooperative Housing Society lodged a formal complaint on June 3, 2022, with the MPCB regarding severe dust and pollution from an RMC plant.
An inspection by an MPCB official after a week, found several violations at this plant. Despite a subsequent closure order, the plant allegedly continued operations illegally, leading residents to raise further grievances with the MPCB. Additional non-compliance were found on subsequent inspection in November 2022.
Frustrated by inadequate enforcement, residents, including children and seniors, held a hunger strike on January 30, 2023, to protest the ongoing pollution from RMC operations in residential zones. Following this one of the RMC plants was temporarily shut down, during which the air quality index (AQI) reportedly improved.
The PIL states that some RMC plants are located within 200 meters of hospitals and 100 meters of residential buildings, in clear violation of MPCB guidelines. According to a survey conducted by GRACP, nearly all respondents reported health issues like coughing, wheezing, shortness of breath, nausea, and headaches due to the pollution.
Highlighting the urgent need to address this health crisis, the PIL calls for the court to direct a permanent shutdown of illegally operating RMC plants within residential areas, emphasizing that residents should not have to endure respiratory issues due to regulatory inaction. The PIL come up for hearing in due course of time.
