Waste management plant closure: SC seeks government response

The Supreme Court has sought a response from the Karnataka government on a plea filed by BBMP against the high court’s order for closure of garbage dumping and processing plant at Mahalakshmipuram, Bengaluru.

A bench of Justices Vineet Saran and Aniruddha Bose issued notice to the state government and others in a petition, challenging validity of the high court orders passed on February 19, 2020 and March 17, 2021. The top court also sought a response from the state government and others within two weeks for staying the high court order.

The high court had directed the municipal body to stop the use of the schedule premises as a bio-methanation plant and as a solid waste transit point, for having failed to take consent from the State Pollution Control Board. A group of residents of the area had moved the high court, saying the plant should be shifted as it was located in vicinity of three schools and one hospital, and the area should be developed as a playground.

The BBMP commissioner, represented by advocate Sanjay M Nuli, submitted that the high court has failed to observe the functional difference between the bio-methanisation plant and the solid waste transit point.

“There is no illegality in the use the portion of the premises as a solid waste transit point which required no consent or authorisation under any Act or Rule,” the plea said.

With the stoppage of bio-methanisation plant, a portion of premises being used as a solid waste transit point would not cause any harm or discomfort to the general public as the entire premises is enclosed with a barricaded boundary and surrounded by plantation, it added.

On the contrary, due to closure of entire premises, the transfer of waste is now being carried on public roads, leading to open transfer of waste which is avoidable, the BBMP submitted.

It also claimed that the premises was maintained properly with no pile-up of garbage beyond 24 hours.

The order of the high court not only caused gross inconvenience to the BBMP but also resulted in environmental degradation because, the waste, earlier collected within the boundaries of the premises, was now being collected on public roads leading to nuisance, littering, and traffic hassles.

Maintaining that using the premises as a transit point is legal and does not violate any rights of any person, the BBMP said it set up bio-methanisation plant and transit point in compliance with the high court order of June 18, 2014 for establishing solid waste processing centers in every Assembly constituency to locally process the waste generated and reduce the transportation cost.