The National Green Tribunal (NGT), expressed dissatisfaction with the lack of comprehensive compliance in a critical environmental damage case concerning Mumbai's coastal areas. The bench was hearing the application which stemmed from an earlier Original Application filed by Madhura Tawde.
The original application sought remedial action for extensive environmental damage caused by the dumping of Construction & Demolition (C&D) debris on salt pan land, encroaching upon mangroves near the coastal road at Wadala to Mahul, close to the Chembur to Chhatrapati Shivaji Maharaj Terminus freeway.
Thee Tribunal expressed its concern that despite previous stringent orders from its Principal Bench dated September 28, 2022, and March 15, 2023, the required remedial measures, including the removal of encroachments and C&D waste, and the revival of damaged mangrove plantations, remained largely unaddressed by the responsible authorities.
Deputy Salt Commissioner Submits Solo Report, Ignoring Joint Committee Mandate
A particular point of contention for the bench was the submission of a Joint Committee Report dated October 12, 2023, by only the Deputy Salt Commissioner.
The NGT pointed out that the initial order dated December 15, 2021, had constituted a six-member Joint Committee, including the Maharashtra Coastal Zone Management Authority (MCZMA), CPCB, State PCB, SEIAA Maharashtra, BMC, and the concerned District Magistrate.
The report submitted, however, bore only the signature of the Deputy Salt Commissioner. The NGT underscored that the order dated March 15, 2023, had explicitly directed the then Additional Chief Secretary (ACS), Environment, to ensure the completion of remedial measures within three months and file a compliance report by June 30, 2023.
“A perusal of the order dated 15.03.2023 passed by the Tribunal in the above-mentioned Original Application would make it clear that three months’ time was prescribed by the Tribunal directing the ACS, Environment that the remedial measures be completed, which will include removing of all encroachments, lifting of C&D waste for its appropriate processing and revival of damaged mangrove plantation and compliance report was also directed to be filed on or before June 30, 2023. So, in light of the above order, it was the responsibility of the ACS, Environment to submit the report as to whether the said direction has been carried out or not, but no such report has been received from their end in the case in hand,”reads the order copy.
ACS Environment Role Reassigned, Principal Secretary Asked to Explain Non-Compliance
However in response to the tribunal’s observations, advocates for Chief Secretary, Govt. of Maharashtra and CPCB that the designation of "ACS, Environment" no longer exists, and the responsibility now lies with the Principal Secretary, Environment Department, Govt. of Maharashtra.
The Tribunal, thus have directed the Principal Secretary, Environment Department, Govt. of Maharashtra, to provide a reply explaining the non-compliance and to clarify whether they agree with the report submitted by the Deputy Salt Commissioner if is in agreement, then the Principal Secretary was instructed to sign the report and present it at the next hearing.
MPCB Highlights Partial Waste Disposal, Ongoing Presence of C&D Heaps
The Maharashtra Pollution Control Board (MPCB), submitted a reply affidavit detailing the findings of a Technical Committee. The affidavit noted that out of 13252 MT of mixed waste between Pit Nos. 1 to 7, 1788.88 MT of C&D waste was scientifically disposed of by the Salt Operator at Navi Mumbai Municipal Corporation's C&D treatment facility between June 14, 2023, and November 7, 2024.
However, the MPCB's report also highlighted a "huge heap of C&D waste" still present on the left side entrance of the salt pan, which remains to be scientifically disposed of by the Salt Pan Operator.
MCGM Given Two Weeks to File Reply or Face Summons
The Tribunal directed its Registrar to issue a letter to MCGM, instructing them to ensure representation and file their reply affidavit within two weeks, failing which the Tribunal would compel the personal appearance of the concerned officer.
The main matter has been listed for further consideration on September 12, 2025. A copy of the hearing has been communicated to the Principal Secretary, Environment and Climate Change Department, Government of Maharashtra, for compliance.
