ORDER : 1. Public Interest Litigation No. 217 of 2009 and several other Writ Petitions and Public Interest Litigations were filed in this Court inviting attention of the Court to the fact that the local authorities such as Municipal Corporations and Municipal Councils in the State have not implemented the provisions of the Municipal Solid Wastes (Management and Handling) Rules, 2000 (for short MSW Rules). Public Interest Litigation No. 217 of 2009 relates to the Brihanmumbai Municipal Corporation (for short “the said Corporation”). As can be seen from the final order dated 2nd April, 2013, apart from the Municipal Authorities, the State Government, Mumbai Metropolitan Regional Authority and Union of India were parties to the said Petitions. The Petitions and PILs were disposed of in terms of the consent draft minutes of the order taken on record on 2nd April, 2013. Public Interest Litigation and other connected matters were disposed of by the order dated 2nd April, 2013 passed by the Division Bench of this Court in terms of the consent minutes of order. While disposing of PIL No. 217 of 2009 and other connected Petitions, in paragraph 3 of the said order, this Court has observed that this dispensation is not only imperative but also fulfil the aspirations of the statutory provisions in place. 2. For the purposes of these two Civil Applications, clauses 7 to 15 of the Minutes of the order are material which read thus:- “7. The MSW Rules have been framed in exercise of powers under sections 3, 6 and 25 of the said Act of 1986 which were brought into force with effect from 3rd October 2000 when the same were published in the Government Gazette. 8. Clause 15 of Rule 3 of the MSW Rules defines municipal solid waste which reads thus: “(xv) "municipal solid waste" includes commercial and residential waste generated in a municipal or notified areas in either solid or semi-solid form excluding industrial hazardous waste but including treated biomedical waste.” Thus, any commercial or residential waste either in solid or in semi solid form excluding industrial hazardous waste but including treated bio-medical waste is included in the definition of municipal solid waste. Clause (vii) of Rule 3 defines “demolition and construction of waste” which will include debris created by demolition of buildings and structures. Clause (vii) of Rule 3 defines “demolition and construction of waste” which will include debris created by demolition of buildings and structures. Going by the definition of municipal solid waste, even demolition and construction waste will be a part of the municipal solid waste. Rule 4 is material which imposes responsibility on Municipal Authorities which reads thus: “4. Responsibility of municipal authority:- 1. Every municipal authority shall, within the territorial area of the municipality, be responsible for the implementation of the provisions of these rules, and for any infrastructure development for collection, storage, segregation, transportation, processing and disposal of municipal solid waste. 2. The municipal authority or an operator of a facility shall make an application in Form-I, for grant of authorization for setting up waste processing and disposal facility including landfills from the State Board or the Committee in order to comply with the implementation programme laid down in Schedule I. 3. The municipal authority shall comply with these rules as per the implementation schedule laid down in Schedule I. (4) The municipal authority shall furnish its annual report in Form-II:- (a) to the Secretary-in-charge of the Department of Urban Development of the concerned State or as the case may be of the Union territory, in case of a metropolitan city. (b) to the District Magistrate or the Deputy Commissioner concerned in case of all other towns and cities, with a copy to the State Board or the Committee on or before the 30th day of June every year.” (Underline added) 9. In the present case, the said Corporation is responsible for the implementation of the provisions of the MSW Rules and for infrastructure development for collection, storage, segregation, transportation, processing and disposal of municipal solid waste. Rule 5 is also material which reads thus: “5. Responsibility of the State Government and the Union territory Administrations:- (1) The Secretary-in charge of the Department of Urban Development of the concerned State or the Union territory, as the case may be, shall have the overall responsibility for the enforcement of the provisions of these rules in the metropolitan cities. Rule 5 is also material which reads thus: “5. Responsibility of the State Government and the Union territory Administrations:- (1) The Secretary-in charge of the Department of Urban Development of the concerned State or the Union territory, as the case may be, shall have the overall responsibility for the enforcement of the provisions of these rules in the metropolitan cities. (2) The District Magistrate or the Deputy Commissioner of the concerned district shall have the overall responsibility for the enforcement of the provisions of these rules within the territorial limits of their jurisdiction.” The Rule makes the Secretary in charge of the Urban Development Department of the State Government overall responsible for enforcement of the provisions of the MSW Rules. Rule 6 makes the State Government and the Pollution Control Board responsible for monitoring standards as specified in Schedule-II, III and IV. Rule 7 provides that municipal solid waste generated in a city or a town shall be managed and handled in accordance with compliance criteria and the procedure laid down in the Schedule-II. Time schedule within which provisions of the MSW Rules shall be complied with by the Municipal Authority is provided in Schedule-I which reads thus: Schedule-I [See Rules 4(2) and (3)] Implementation Schedule S. No. Compliance Criteria Schedule 1. Setting up of waste processing and disposal facilities By 31.12.2003 or earlier 2. Monitoring the performance of waste processing and disposal facilities Once in six months 3. Improvement of existing landfill sites as per provisions of these rules By 31.12.2001 or earlier 4. Identification of landfill sites for future use and making sites ready for operation By 31.12.2001 or earlier It is this Schedule which provides for setting up of solid waste processing and disposal facility by 31st December 2003. Schedule-II lays down the entire process to be followed for collection of municipal solid waste, segregation of municipal solid waste, storage of municipal solid waste, its transportation, its processing and disposal. Thus, for dealing with the municipal solid waste, there are six stages contemplated by Schedule-II starting from its collection till disposal after it is processed. 10. For the implementation of the MSW Rules, the PILs and writ petitions (including the PIL No. 217 of 2009) were filed before this Court complaining about the failure of the Municipal Authorities in the State and the State Government to comply with the mandatory requirements of the MSW Rules. 10. For the implementation of the MSW Rules, the PILs and writ petitions (including the PIL No. 217 of 2009) were filed before this Court complaining about the failure of the Municipal Authorities in the State and the State Government to comply with the mandatory requirements of the MSW Rules. The Judgment and Order dated 2nd April 2013 shows that the petitions were disposed of in terms of the draft minutes of the order which were prepared by the parties after long deliberations in which the Government Pleader and the officials participated. For the purposes of this Application, clauses 7 to 15 of the minutes of the order are material which read thus: “Re: Local authorities which do not have the land fill sites/dumping ground: 7. (a) The authorized officer/local authority shall take steps for acquisition of notified/ designated site for this purpose either in the Regional Plan or the Development Plan within a period of two weeks either under the provisions of Land Acquisition Act, 1894, Maharashtra Regional and Town Planning Act, 1966 or by mutual agreement with land owners. (b) The process of selection and acquisition of sites including taking possession shall be completed expeditiously and not later than six weeks in accordance with, the guidelines prescribed in the Government Resolution dated 5th October 2012, Annexure-1 as well as GR dated 26th August, 2003. (c) The selection of site shall also take into consideration appropriateness and suitability of site from viewpoint of CRZ Notification, EIA Notification and other Environmental Laws including Forest Laws as applicable. (d) Wherever the Local Authority has an approved authorized site for land fill/dumping, the local authority shall immediately take steps to make it operational for that purpose within a period of 4 weeks. (e) On selection, identification and acquisition of sites, the local authorities shall make the appropriate application not later than two weeks after taking possession of site, to the Pollution Control Board under Rule 6 of MSW Rules for authorization. (f) The MPCB shall process the application and grant the authorization in accordance with the provisions of Air Act and Water Act and MSW Rules 2000 preferably within a period of two weeks end not later than from receipt of application complete in all respects. (f) The MPCB shall process the application and grant the authorization in accordance with the provisions of Air Act and Water Act and MSW Rules 2000 preferably within a period of two weeks end not later than from receipt of application complete in all respects. (g) On the aforesaid compliances the site shall be used by the concerned local authorities for land fill/dumping strictly in accordance with the MSW Rules 2000 and authorization granted by MPCB. (h) The Nodal Officers/Authorized Officer shall monitor periodically the operation of such sites and compliance with MSW Rules and MPCB authorization on fortnightly basis and make report and take remedial measures to ensure compliance. (i) In case there are no designated/notified sites the State Government shall assist such Local authority to identify, select and acquire the requisite site and notify or designate the same for land fill/dumping of MSW. The State Government shall initiate steps for this purpose preferably within two weeks from this order and complete the process as per statutory provisions for designation of the site. (j) In case the site designated within the area of local authorities is encroached upon the local authorities shall initiate action for removal of encroachment within two weeks, including but not limited to, in accordance with the relevant Municipal law or the Maharashtra Land Revenue Code as the case may be for eviction of such unauthorized encroachers. In the event of such actions being taken no Court or authority in the State shall entertain any application or proceedings or suit in respect of such eviction and any such proceeding shall be filed only in this Court. (k) In case there are any proceedings pending/orders passed in respect of any sites within the jurisdiction of Local Authority, such authority shall immediately take steps to get the stay orders vacated and/or bring it to the notice of this Court for appropriate directions. Re: Local authorities which have inadequate facilities: 8. (a) The local authority will assess the need for the sites by taking into account the existing population and growth of population upto at least next 30 years. Re: Local authorities which have inadequate facilities: 8. (a) The local authority will assess the need for the sites by taking into account the existing population and growth of population upto at least next 30 years. (b) The local authorities shall take steps for selection, identification and acquisition of additional sites by following the directions in the preceding paragraph under the heading: “Re: Local authorities which do not have the land fill sites/dumping grounds.” Re: The Local authorities which have facilities which are non-compliant with MSW Rules 2000 and MPCB authorization: 9. The MPCB shall make report in respect of each of the designated dumping site within jurisdiction of all Municipal Corporations, Municipal Councils and Panchayats to ensure Compliance with MSW Rules and these directions and directions of the Supreme Court. This exercise to be completed within a period of 8 weeks. 10. All dumping sites which do not comply with MSW Rules and other governing applicable laws and these directions and the sites which are not designated as per rules shall be discontinued and closed within a period of three months or an acquisition of new site whichever is earlier. 11. All sites which have exceeded their capacity shall be closed down as per procedure under MSW Rules. Re: The Local authorities which do not have waste processing facilities: 12. The Local authorities shall take steps for treatment of solid waste in accordance with MSW Rules either through themselves or through an identified agency. 13. The Municipal Corporations and Councils shall adopt measures as per Schedule III of MSW Rules to ensure: (i) Segregation of Municipal Solid waste (ii) Setting up facilities for processing biodegradable waste by composting, vermi composting, anaerobic digestion or any other biological processing (iii) Eventual elimination of land-filling requirements for biodegradable waste (iv) The State Government shall take decision on the pending proposals/applications made by the local authorities for grant of lands on lease or otherwise, or grant of NOC etc. within a period of 45 days from date of this order. (v) The Local authorities which have not made such applications shall do so within a period of 4 weeks to the State Government and the State Government shall take a decision thereon within 45 days thereafter. 14. Sites for Composting, Vermi Composting etc. within a period of 45 days from date of this order. (v) The Local authorities which have not made such applications shall do so within a period of 4 weeks to the State Government and the State Government shall take a decision thereon within 45 days thereafter. 14. Sites for Composting, Vermi Composting etc. (i) These sites shall also comply with these directions and MSW Rules (Schedule IV) (ii) MPCB shall prescribe cap on storage of wet garbage to be treated at these sites so that the site does not become a dumping ground (iii) These sites shall also comply with the Rules for storage of garbage as permitted by MPCB under MSW Rules (iv) In the event of non-compliance of these directions MSW Rules and parameters as regards, storage of wet garbage limit of storage and operation of composting or vermi compost plant, the same shall be closed down and shall not be re-operated until MPCB reports remedial measures and its compliance. 15. General: Action Plan for Treatment and Processing of Solid Waste S. No. Action Plan Details Time Schedule 1. To develop mechanism for collection, segregation (at source/site) and Transportation to processing facility and landfill site. Within 2 months after possession of land 2. Settling up and Commissioning of Waste Processing Facility (a) Selecting of technology Within 2 months after possession of land (b) Preparation of Detailed Project Report Within 2 months after selection of technology (c) Inviting tenders and appointment of Agency Within 2 months after obtaining clearance from MCZMA/MOEF (e) Issuance of Work Order with the time frame & necessary conditions by Municipal Authority Within 1 month (f) Settling of MSW processing facility & making it operational Within 18 months from the date of work order 3. Development & Commissioning of secured landfill site Within 12 months after possession of land 4. Closure of cell & its monitoring for at least next fifteen years as per Rules. After exhausting capacity of the existing cell. 5. Improving of existing facility (a) Closure of existing dump site if required as per MSW Rules. Within 16 months (b) Setting up and commissioning of waste processing facility if not available at existing site. Within 24 months (c) Improvement in the existing waste processing facility and secured landfill site in accordance with the MSW Rules. 5. Improving of existing facility (a) Closure of existing dump site if required as per MSW Rules. Within 16 months (b) Setting up and commissioning of waste processing facility if not available at existing site. Within 24 months (c) Improvement in the existing waste processing facility and secured landfill site in accordance with the MSW Rules. Within 6 months (d) Development of new secured landfill site at existing site if not available Within 12 months 6. (a) Application for Authorization by Municipal Authority [(Rule 4(2)] As per Rules (b) Grant of a authorization for processing facility and landfill site. [(Rule 6 (2)] As per Rules This Civil Application No. 221 of 2013 has been filed by the said Municipal Corporation for seeking extension of time to comply with the directions issued by the order dated 2nd April, 2013. In the order dated 26th and 29th February, 2016 passed by this Court in Civil Application No. 221 of 2013, this Court also dealt with the compliance made by the said Municipal Corporation with the directions in the order dated 2nd April, 2013. Paragraph 11 to 15 of the said order read thus:- 11. Now we deal with the affidavits filed dealing with the grant of extension of time. The first relevant affidavit is of 30th September 2015 filed by Shri Siraj Ahmed Abdul Khalique Ansari, the Chief Engineer (Solid Waste Management) of the said Municipal Corporation which records that the Mulund dumping ground was started in the year 1967 and the Deonar dumping ground was started in or about the year 1927. It records that there is only one project in the city which is in conformity with the MSW Rules which is at Kanjur. We must note here that the site at Kanjur was provided to the said Corporation under the orders of the Apex Court. It records that at the site of Kanjur, quantity of 3000 MT per day is being scientifically processed and disposed of and the said project has been approved by the Ministry of Environment and Forest and the Maharashtra Pollution Control Board. It records that at the site of Kanjur, quantity of 3000 MT per day is being scientifically processed and disposed of and the said project has been approved by the Ministry of Environment and Forest and the Maharashtra Pollution Control Board. There is an affidavit dated 23rd October 2015 filed by Shri Swadheen S. Kshatriya, the Chief Secretary of the Government of Maharashtra which refers to the decision taken by the State Government of the allotment of sites near Airoli Bridge at Mulund and at village Karvale Khurd, Taluka Ambernath, District Thane to the said Corporation. We may note that till that date, the actual allotment was not made. As far as allotment is concerned, the same was made only after several orders were passed by this Court and in particular the order dated 27th October 2015 which records that as per the decision of the State Government, the area of the site at village Karvale was 52.10 Hectare out of which only 39.90 Hectare was vesting in the State Government which was substantially encroached upon and the rest of the area was yet to be acquired. It is only after the said order that the State Government machinery moved with some kind of speed. There is an affidavit dated 10th February 2016 by Shri Ajoy Mehta, the Municipal Commissioner. It is a detailed affidavit which records the steps which the said Municipal Corporation proposes to take. The steps proposed to be taken as regards the sites as set out in the affidavit can be summarised as under: (I) Mulund Dumping Ground: The said dumping ground shall be closed down in a scientific manner for which tenders are already invited. (II) Deonar Dumping Ground: It is proposed that the Deonar dumping ground will be utilised for putting up a Waste to Energy Plant of capacity of 2000 MT per day for which a consultant is being appointed. It is stated that out of total area of 120 H of the Deonar dumping ground, area of 10 H will be utilised for the said project. It will take care of 2000 MT of solid waste per day and the project is likely to be completed by February 2019. The rest of the portion of the land will be put to scientific closure. (III) Mulund (East), near Airoli Bridge: The site at Mulund is near Airoli Bridge. It will take care of 2000 MT of solid waste per day and the project is likely to be completed by February 2019. The rest of the portion of the land will be put to scientific closure. (III) Mulund (East), near Airoli Bridge: The site at Mulund is near Airoli Bridge. It is stated that the area of 32.77 H is under the process of demarcation which will be completed by April 2016. After the demarcation, a compound wall will be constructed. It is stated that by the end of 2019, the first phase of Waste to Energy Processing will commence which will take care of the quantity of 2000 MT per day and in future, the capacity will be increased progressively to 5000 MT per day. (IV) Kanjur Scientific Processing Plant It is stated that the plant which is already operational is in terms of the requirements of MSW Rules which has a capacity to deal with solid waste of 3000 MT per day and up to December 2016, the capacity will be increased to 4000 MT per day. It is submitted that by the end of the year 2018-2019, all permissions are expected to be granted. (V) Village Karvale, Taluka Ambernath, District Thane (Near Taloja) What is allotted by the State Government is an area of 38.37 H, a portion of which is encroached upon. It is stated that additional area of 12.20 H will be acquired subsequently. It is stated that the process of removal of encroachments will be commenced by the State Government which is expected to be completed in May 2016 after which a demarcation will be carried out and thereafter, the construction of a compound wall will be commenced. Considering the fact that the land is encroached upon, perhaps the Municipal Commissioner has not set out the outer limit within which the facility will be set up thereon. He has stated that as and when the plant is set up, it will deal with the quantity of 3000 MT per day. 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. 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 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. 13. Now we come to the latest affidavit dated 15th February 2016 filed by Shri Swadheen Kshatriya, the Chief Secretary of the State Government. During the earlier hearing, an issue was raised by this Court as to whether the State Government intends to put any restrictions on the construction activities in the city. It is stated in the said affidavit that major proposals received in the city are of redevelopment projects of old buildings or slum redevelopment projects. It is stated that imposing restrictions on the construction activities will have serious consequences. By the said affidavit of the Chief Secretary, the State Government has expressed inability to impose any such restrictions on the constructions on the ground that the said restrictions will lead to creation of slums and that the construction industry in the city will be considerably affected. What is material is that in none of the affidavits placed on record either by the State Government or the Mumbai Municipal Corporation, it is stated that any scientific assessment is made of the impact of large scale constructions which are going on in the city on the generation of municipal solid waste including construction waste. This exercise was necessary as even by the end of the year 2019, the said Corporation will be in no position to make full compliance with the MSW Rules. This exercise was necessary as even by the end of the year 2019, the said Corporation will be in no position to make full compliance with the MSW Rules. What is stated by the Chief Secretary in the affidavit is that a direction has been issued by the State Government under section 154 of the Maharashtra Regional and Town Planning Act, 1966 (for short “MRTP Act”) to the said Corporation. Paragraph 2.1 of the said affidavit summarizes the directions issued by the Government Circular dated 15th February 2016. Paragraph 2.1 reads thus: “2.1 I say and submit that the Government has issued following directions to the Municipal Corporation of Greater Mumbai (MCGM) under section 154 of the MRTP Act 1966 vide circular dated 15.2.2016. (a) To segregate bio-degradable waste from dry waste and to process the bio-degradable waste in a decentralised manner, at least in some wards in Municipal Corporation of Greater Mumbai. (b) To impose the condition of segregating the waste and process the bio-degradable waste in-situ i.e. within the plot area in a scientific manner, by occupier of the premises, while granting permission of development. (c) To give necessary permission for processing biodegradable waste within the plot area. (d) Some area is reserved for Recreation Ground while giving permission for construction on the area of more than 2000 sq. mts. and to give necessary permission for processing bio-degradable waste in the RG area.” 14. We may note that as far as the clauses (b) and (d) are concerned, the same will be ineffective unless the same are incorporated in the Development Control Regulations (for short “DCR”) which are applicable to the city of Mumbai. For complying with the directions contained in clause (a), the said Corporation will have to find out suitable sites in the thickly populated localities. Clause (c) provides for giving permission to the cooperative societies or the owners of the properties who come forward to set up facility of processing biodegradable waste. Again for this measure, perhaps the amendment of DCR will be necessary for permitting setting up of such facilities on residential plots. Therefore, what is provided in the circular dated 15th February 2015 is not at all helpful today in any manner to control and curb the creation of more municipal solid waste. The implementation of the Circular can be made provided there is a modification of the DCR. Therefore, what is provided in the circular dated 15th February 2015 is not at all helpful today in any manner to control and curb the creation of more municipal solid waste. The implementation of the Circular can be made provided there is a modification of the DCR. We may note here that the State Government has not issued a direction under the provisions of section 37 of the MRTP Act to the said Corporation to start process of carrying out the necessary amendments to the said Regulations. Thus, the scenario which emerges is on the one hand there are no concrete measures suggested which will prevent the generation of more municipal solid waste in the city and on the other hand, there is no possibility of the said Municipal Corporation making compliance with the requirements of the MSW Rules in near future. We may note here that the learned senior counsel representing the Municipal Corporation has tendered across the bar a chart showing details of the proposals for development received by the said Corporation during the period between 1st January 2014 till 30th September 2015 (21 months). The chart shows that out of 1700 proposals received, 1382 proposals (81.30%) are of redevelopment projects and only 318 (18.70%) proposals are of a new development. The chart is signed by the Chief Engineer (D.P.) of the Municipal Corporation. It records that the re-development projects are being undertaken under the clauses 5, 6, 7, 9 and 10 of the Regulation 33 of the DCR. 15. As stated earlier, there is no ground made out by the Municipal Corporation for grant of extension of time provided in the judgment and order in the PIL as even according to the case of the said Corporation, there is no possibility of creating facilities in near future in terms of the MSW Rules to deal with the entire quantity of solid waste generation in the city. The seriousness of the situation leaves no option for the Court but to grant extension of time so that there is some pressure on the said Corporation and the State Government to act. It is now high time for them to act. If no drastic steps are taken, the citizens will be exposed to grave danger of pollution. The seriousness of the situation leaves no option for the Court but to grant extension of time so that there is some pressure on the said Corporation and the State Government to act. It is now high time for them to act. If no drastic steps are taken, the citizens will be exposed to grave danger of pollution. The situation is alarming which poses a threat to the commercial capital of India which is to be converted into a “smart city.” As far as this city is concerned, substantial compliance with the MSW Rules and the directions issued in the PIL appears to be a distant dream. (Underlines supplied) 3. The order dated 2nd April, 2013 passed in terms of the minutes of the order has become final. Civil Application No. 221 of 2013 has been filed by the said Municipal Corporation essentially for seeking extension of time to comply with the directions issued in terms of clauses 9 and 15 (5b) of the minutes of the order. In Civil Application No. 58 of 2017 taken out by the said Municipal Corporation, firstly a prayer is made to allow the Municipal Corporation to implement the Solid Waste Management Rules, 2016 (for short “the new Rules of 2016”) which were brought into force on 8th April, 2016. Various compliances allegedly made by the Municipal Corporation with the order dated 2nd April, 2013 have been set out therein. It is pointed out that in view of the provisions of the new Rules of 2016, additional time is made available for taking various steps including setting up Solid Waste facilities. There is a further prayer made of allowing the dumping of Municipal Solid Waste at Mulund and Deonar dumping grounds. By amending the Civil Application, a prayer has been added for grant of extension of time to comply with directions in the order dated 26th and 29th February, 2016. 4. As far as Civil Application No. 221 of 2013 is concerned, the averments made in the application show that there were three designated dumping sites Deonar, Mulund and Kanjurmarg having environmental clearance. It also records that as per clause 9 of the Minutes of the order dated 2nd April, 2013, the use of sites at Mulund and Deonar will have to be discontinued. It also records that as per clause 9 of the Minutes of the order dated 2nd April, 2013, the use of sites at Mulund and Deonar will have to be discontinued. It is pointed out that it is not possible to set up waste processing facility within 24 months from 3rd April, 2010 and therefore, extension of time is sought. 5. Before we deal with the factual aspects, the situation which prevails today is that the City of Mumbai is generating solid waste of about 9000 MT per day or more per day and there is only one authorised facility at Kanjurmarg which is having the processing capacity of 3000 MT per day. Thus, it can be safely stated that right form the year 2014-2015, about 2/3rd of the solid waste generated in the city of Mumbai every day is not being disposed of in terms of the MSW Rules and it is being disposed of in breach of the MSW Rules. 6. There are certain orders passed in Civil Application No. 221 of 2013. The first relevant order is of 1st October, 2015. Paragraph 1 of the order dated 1st October, 2015 reads thus:- These proceedings disclose a very sorry state of affairs so far as the city of Mumbai is concerned which is known as the financial capital of India. According to the broad estimate given by the learned senior counsel appearing for the Mumbai Municipal Corporation, as of today, daily generation of solid waste in the city of Mumbai is approximately 9,500 metric tons (MT). According to the learned senior counsel appearing for the Mumbai Municipal Corporation, in the year 2007, daily generation of solid waste in the city of Mumbai was approximately 6,000 MT which increased to about 7,000 MT per day in 2009. Thus, between 2007 and 2015, there is large increase by approximately 3,500 MT per day. This is obviously because of large scale development in the city of Mumbai. Time and again additional FSI is being sanctioned by the State Government for various projects/ schemes in the city of Mumbai without making assessment of impact of grant of additional FSI. The most shocking aspect is that the Mumbai Municipal Corporation has only one processing plant in the city at Kanjurmarg whose capacity is confined to 3,000 MT per day. Time and again additional FSI is being sanctioned by the State Government for various projects/ schemes in the city of Mumbai without making assessment of impact of grant of additional FSI. The most shocking aspect is that the Mumbai Municipal Corporation has only one processing plant in the city at Kanjurmarg whose capacity is confined to 3,000 MT per day. Thus, the solid waste having quantity of 6,500 MT per day is being dumped illegally at two sites, at Mulund and Deonar which do not have any processing facility. Thus, out of 9,500 MT of sold waste generated in Mumbai every day, quantity of 6,500 MT is being dumped completely in violation of law. 7. This order notes that a judicial notice will have to be taken of the large number of projects of construction of buildings in the city and therefore, the generation of solid waste may touch figure of 11,000 MT per day very shortly. It is by this order that the State Government was directed to make its stand clear as the said Municipal Corporation was admittedly indulging in illegal dumping of Solid Waste of the quantity of 6500 MT per day. The order refers to an Affidavit of the then Municipal Commissioner Shri Sitaram Kunte dated 9th March, 2015. Paragraphs 22 to 24 of the order dated 1st October, 2015 reads thus:- 22. As assured by the learned Senior counsel appearing for the State on the last date, we are presuming that the State Government is taking this issue very seriously. We must also note that in the affidavit dated 2nd March, 2015 filed by Shri Sitaram Kunte, the then Municipal Commissioner, he has stated that the requirement of dumping ground is very critical in the city of Mumbai. He has stated that apart form generation of the solid waste of quantity of 9400 MT per day, approximately 1,00 MT of debris is created in the city and in near future, the generation of the solid waste is likely to touch 10,000 to 11,500 MT per day. 23. Thus, in the city of Mumbai, the MSW Rules are being observed only in breach. 23. Thus, in the city of Mumbai, the MSW Rules are being observed only in breach. Before we consider the prayer made by the Mumbai Municipal Corporation for grant of further extension beyond 30th November, 2015, we direct the Chief Secretary of Maharashtra to file an affidavit dealing with this aspect to make the stand of State Government very clear as to whether it wants Mumbai Municipal Corporation to indulge in illegal dumping to the extent of 6500 MT or more per day. The State Government will have to also make its stand very clear whether the State Government wants generation of more solid waste in the city by continuing development activity in the city. Considering the seriousness of the issue, the State Government will have to take up a stand whether it intends to exercise the power under section 154 of the Maharashtra Regional and Town Planning Act, 1966 by issuing necessary directions by the Mumbai Municipal Corporation to ensure that further development in the city is restricted till proper facilities are created in the city of Mumbai for the disposal of the solid waste. 24. We must make it very clear that unless we find that the State Government is very serious about resolving this very serious issue, the Court may not be inclined to grant further extension of time to the Mumbai Municipal Corporation. Unless it is brought on record by the State Government as well as the Mumbai Municipal Corporation that at least within one year, there will be facilities in the city fully complying of the MSW Rules for dealing with the solid waste generated every day, the prayer for extension of time cannot be considered. 8. We may note here that in the Affidavit dated 10th February, 2016 filed by the present Municipal Commissioner of the said Corporation, it is stated that that tenders have been floated for closing Mulund dumping ground in a scientific manner. The said Affidavit also records that by closing the existing Deonar dumping ground, a plant for converting the waste into energy having capacity of 2000 MT per day will be set up. The said Affidavit refers to grant of two additional lands by the State Government, one at Mulund (E) near Airoli bridge and the other at village Karavale, Taluka Ambarnath, District-Thane to the Municipal Corporation for setting up facility for dealing with Solid Waste. The said Affidavit refers to grant of two additional lands by the State Government, one at Mulund (E) near Airoli bridge and the other at village Karavale, Taluka Ambarnath, District-Thane to the Municipal Corporation for setting up facility for dealing with Solid Waste. An Affidavit was filed by the then Chief Secretary, Shri Swadhin Kshatriya on 23rd October, 2015 which again deals with the allotment of a land at Mulund (E) as well as allotment of land at village Karavale, Tal. Ambarnath, District-Thane. In the said Affidavit, the land at village Karawale is referred as the land at Taloja. It is stated that an area of 52.10 Hectare of the said land will be allotted to the said Corporation. It is further stated that area of 45 Hectare at Mulund (E) near Airoli bridge has been allotted to the Municipal Corporation which is reserved for dumping ground in the development plan. Interestingly, in the said Affidavit dated 23rd October, 2015, the Chief Secretary claims that in view of allotment of these two lands, the scenario will drastically change within two years. As the subsequent discussion will show, though virtually three years have passed from filing of the said Affidavit, the scenario has not undergone any change whatsoever. In fact the situation has deteriorated. In fact, the subsequent discussion will show that it is virtually impossible in near future for the Municipal Corporation to use both the lands at Mulund and village Karwale. This fact is clear from the Affidavit of 25th July, 2018 filed by the State Government of Smt. Manish Patankar-Mhaiskar, the Principal Secretary (UD-2), Urban Development Department, Mantralaya, Mumbai and the annexures thereto. THE STATUS OF THE LAND ALLOTTED AT MULUND (AIROLI) 9. Now firstly will deal with the facts set out about the land at Mulund near Airoli bridge. Admittedly, though the State Government was not in possession of the said land, on 18th January, 2016, for the sake of record, advance possession of the land admeasuring 3,27,725 square meter bearing survey No. 388 [CTS No. 1318 (p)] and Survey No. 387 [CTS No. 1319 (p)] was handed over to the said Corporation. A chart appended to one of the Affidavits of Smt. Manisha Patankar-Mhaiskar records that though the said Corporation paid a sum of Rs. A chart appended to one of the Affidavits of Smt. Manisha Patankar-Mhaiskar records that though the said Corporation paid a sum of Rs. 32,25,000/- for the joint measurement of the said land at Mulund, due to resistance of the persons claiming to be the lessee of the land and the staff of the Salt Commissioner of the Government of India, even measurements could not be carried out. It is stated that on 17th February, 2016, one more effort was made. Even said effort was thwarted by the persons claiming to be the lessees and by the staff of the Salt Commissioner. The most shocking thing which is revealed is that when the said land at Mulund was purportedly allotted by the State Government to the said Corporation, there were already pending litigations. In fact, the Salt Department of the Central Government had made a claim of ownership over the said land at Mulund bearing survey Nos. 387 and 388. In the proceeding under Section 20 of the Maharashtra Land Revenue Code, 1966, the Divisional Commissioner of Kokan Division held that the said land at Mulund is of the ownership of the State Government. However, a Revision Application was filed by the Central Government for challenging the said order before Hon'ble Minister of Revenue. The letter dated 25th July, 2018 addressed by the Chief Secretary of the Department of Commerce and Industry records that the said Revision Application has been finally heard long time back, but the judgment is not yet delivered. Not only that the land was allotted to the said Corporation pending the litigation concerning the claim of the Central Government, the chart on record shows that a person claiming to be the lessee of the Central Government of the said land has filed a Suit way back in the year 2005 on the Original Side of this Court in which there is an order of status quo. An Appeal has been preferred by the Salt Commissioner against the said order. Hence, there is no option but to draw a conclusion that when the State Government took a decision to allot the said land at Mulund to the said Corporation for setting up solid waste processing facility and when advance possession was given by the State Government, it was fully aware that it will not be possible to place the said Corporation in physical possession of the said land. We must record a strong displeasure for the said action of allotting a land which is subject matter of litigations. Now today additional Affidavit of Smt. Patankar-Mhaiskar dated 2nd August, 2018 is tendered across the bar which shows that the Hon'ble Chief Minister of the State has addressed a letter to Hon'ble Minister of the Commerce and Industry of the Government of India for grant of no objection for allotment of the said land to the Municipal Corporation for facilitating setting up of a solid waste treatment plant. However, the said Affidavit is silent about the hurdle created by the pending suit in the Court wherein a private person is claiming to be the lessee of the Government of India. Thus, we can safely conclude that in near future, there is absolutely no possibility of the Municipal Corporation utilising the said land at Mulund for setting up a facility. In fact, it is not likely to get physical possession of the said land. THE STATUS OF THE LAND ALLOTTED AT VILLAGE KARAVALE. 10. Now, we deal with the land at village Karavale, Taluka Ambarnath, District Thane. As far as said land is concerned, on 18th January, 2016, the State Government purported to grant advance possession of an area 38.87 Hectare to the said Municipal Corporation which was occupied by 36 structures of tribals and 13 structures of non-tribals. A sum of Rs. 10 Crores has been paid by the Municipal Corporation to the State Government towards occupation charges. The stand of the State Government is that in addition to this land, a private land having an are ademesuring 12.20 Hectare will be acquired and given to the Municipal Corporation. On last date, a note was tendered by the Senior Counsel appearing for the Municipal Corporation which records that even a joint survey of an area admeasuring 12.20 Hectare could not be carried out due to resistance of the local persons. It also records that on the area of 38.87 Hectare, an attempt was made to erect concrete pillars with the help of the police on three occasions in year 2017. However, there was a strong local resistance. The matter does not rest here. It also records that on the area of 38.87 Hectare, an attempt was made to erect concrete pillars with the help of the police on three occasions in year 2017. However, there was a strong local resistance. The matter does not rest here. Apart from the fact that by March, 2018, the number of encroachments on the said land have increased to 79 structures, shockingly it was revealed that large portion of the said area of 38.87 Hectare has been used by the Gas Authority of India Limited (GAIL) for laying down underground pipeline. The note tendered by the Municipal Corporation shows that as a result of gas pipeline being laid, the land has been divided in two parts. It is stated that out of total area of 52.10 Hectare agreed to be allotted, only an area 35 Hectare can be used for setting up the plant provided encroachments are removed and area 12.20 Hectare is acquired. The reduction of the area is due to the GAIL pipeline. The Affidavit of the Principal Secretary (Urban Department) tendered today shows that on 2nd August, 2018, a Government Resolution has been issued for treating the occupants on the area of 38.87 Hectare of village Karavale as project affected persons and for granting them rehabilitation package. As noted earlier, substantial number of structures on the said land are occupied by Tribals. TODAY'S SCENARIO ABOUT COMPLIANCE WITH MSW RULES 11. Thus, the scenario which emerges today is that there is no possibility of the land allotted at Mulund near Airoli bridge becoming free of encumbrances in near future. As far as the land at village Karavale is concerned, the acquisition of area of 12.20 Hectare is not yet commenced and substantial part of the area admeasuring 38.87 Hectare is covered by 79 illegal structures and underground gas pipeline of GAIL passes through the said portion. Not only that there is no change of status of the land at Karavale from January, 2016 when the Government took a decision to handover the possession to the said Corporation, but situation has become worst as between 2016 and March, 2018, 30 more illegal structures have been erected over the area of 38.87 Hectare. Thus, the only conclusion which can be arrived at today is that the State Government in the year 2016 allotted of two lands to the Municipal Corporation which were encumbered. Thus, the only conclusion which can be arrived at today is that the State Government in the year 2016 allotted of two lands to the Municipal Corporation which were encumbered. In fact, in respect of the land at Mulund near Airoli bridge, the title of the State Government was itself under a cloud and that also by virtue of a claim of ownership being set up by none other than the Central Government. Thus, today the situation is that the facility at Kanjurmarg is the only facility in existence for the entire city of Mumbai having population of more than 1.80 crores, wherein solid waste can be disposed of in a scientific manner as provided in MSW Rules. But it has capacity of only 3000 MT per day. Even by a conservative estimate, at least quantity of Solid Waste of 5000 to 6000 MT per day is being illegally dumped by the said Corporation. The situation is created because of the failure of the State Government to provide proper plots of land for setting up facilities, In fact, when two plots were allotted by the State Government, the authorities of the State Government were fully conscious of the fact that allotment will remain only on paper. It is in the light this situation that the order dated 26th and 29th February, 2016 passed by this Court in Civil Application No. 221 of 2013 will have to be appreciated. The facts which are recorded above by referring to the Affidavits filed in year 2015 have been recorded in the said order. In fact, in paragraph 15, this Court recorded a categorical finding that there is no ground made out by the said Corporation for grant of extension of time. In paragraph 21 of the said order, this Court held thus:- 21. In the present case, we have already held that at the commencement of the year 2015, the generation of the municipal solid waste in Mumbai was about 10,400 MT (including the building waste) per day and today, it may be of the quantity of at least 11,000 MT per day. Today, only 3000 MT per day is being processed in terms of the MSW Rules which will be at the highest increased to 8,000 MT per day by the end of the year 2019. Today, only 3000 MT per day is being processed in terms of the MSW Rules which will be at the highest increased to 8,000 MT per day by the end of the year 2019. By that time, the per day generation of solid waste in the city may in all probability reach 15,000 MT. 12. This Court in the detailed order had observed that on one hand there is no immediate possibility of the Municipal Corporation providing facility for disposal of the solid waste and on the other hand, large number of building permissions are being granted in the city. Therefore, for the detailed reasons recorded in the said order dated 26th and 29th February, 2016 this Court restrained the said Corporation from granting new development permissions subject to exceptions carved out in clause (a) of the said order. Clause (b) on the said operative part of order reads thus:- “(b) The State Government and/or the Municipal Corporation shall undertake a scientific assessment of impact on the generation of the municipal solid waste including construction waste in the city by construction of new buildings and new development projects. The study shall include the assessment of the impact of the constructions likely to come up in the city for a period of at least 10 years. The State Government shall also take all the steps for the implementation of the directions in the circular issued on 15th February 2016 in accordance with section 154 of the MRTP Act. 13. We find that such scientific assessment is not yet made either by the State Government or the Municipal Corporation even as of today, though the said direction is issued way back on 26th and 29th February, 2016. When the city is growing so fast, no attempt is made by the State Government or by the Municipal Corporation to make a scientific assessment of impact of large scale new constructions on the generation of Municipal solid waste. We may also that in paragraph 15 of the said order, this Court noted that if no drastic steps are taken by the authorities, the citizens (more than 1.80 Crores) residing in the city will be exposed to grave danger of pollution. This situation poses a serious threat to the commercial capital of the nation which is proposed to be converted into a smart city. This situation poses a serious threat to the commercial capital of the nation which is proposed to be converted into a smart city. Unfortunately, after 30 months of passing of the said order, the situation is standstill in the sense that it is impossible for the Municipal Corporation to develop any further facilities. 14. We may note that as far as the order dated 26th and 29th February, 2016 is concerned, the Maharashtra Chamber of Housing Industry applied for review of the said order. By a judgment and order dated 4th May, 2017, the Petition for review of the said order was rejected. There is a Special Leave Petition filed by the MCHI before the Apex Court challenging the order dated 26th and 29th February, 2016 as well as the order on the Review Petition. By order dated 15th March, 2018, the Apex Court permitted Municipal Corporation to grant building permissions for a period of six months. The Apex Court has specifically observed while passing the said order that the Apex Court did not intend to set aside or modify the order passed by this Court on 26th and 29th February, 2016. The Apex Court also noted that by the neglect in disposing of solid waste, the rights of the citizens under Article 21 of the Constitution of India are affected. We may note here that on the basis of the said order, so far as 211 development permissions have been granted by the Municipal Corporation for construction of new projects. 15. The summary of what we have observed earlier is that the commercial capital of the nation generates solid waste of quantity of 9000 MT to 9500 MT per day and the only lawful disposal facility available today has capacity of 3000 MT per day. We have recorded a categorical finding that it is practically impossible that in near future, on the encumbered lands allotted by the State Government at Mulund and at Karavale, the Municipal Corporation will be able to set up any facility for the disposal of Solid Waste. In fact the situation is so bad that as far as the land at Mulund is concerned not only the person claiming to be the lessee, but even the staff of Salt Department of Government of India prevented survey of the said land being carried out though repeated attempts were made even that the help of the police. In fact the situation is so bad that as far as the land at Mulund is concerned not only the person claiming to be the lessee, but even the staff of Salt Department of Government of India prevented survey of the said land being carried out though repeated attempts were made even that the help of the police. 16. In view of the this unfortunate situation, needless to add that such a huge quantity of solid waste is being unscientifically and unlawfully disposed of by the Municipal Corporation every day which will pose a danger and health hazard to more than 1.80 crores residents of Mumbai. No reasons are required to be recorded to hold that this will violate fundamental right of the citizens of Mumbai under Article 21 of the Constitution of India to live in a pollution free environment. 17. For the reasons which have recorded above, we would have been fully justified in rejecting both applications made by the Municipal Corporation. Even if 2016 Rules were to be implemented, the time provided in the said Rules for taking most of the steps is already over. However, we still propose to grant extension of time as the Municipal Corporation is helpless in the matter due to such a casual approach adopted by the State Government of allotting lands which are encumbered on which surveyor of the State Government cannot even enter to carry out survey. There are several orders passed by this Court directing Chief Secretary of the State Government to file Affidavits on this aspect. Sadly the said orders have proved to be ineffective in the sense that notwithstanding all these orders, the State Government has not acted. By keeping Civil Applications pending, we propose to extend the time granted to the Municipal Corporation till 15th October, 2018. We must note here that the order dated 2nd April, 2013 is virtually a consent order to which the State Government is a party and therefore, apart from the responsibility of the Mumbai Municipal Corporation, it is an obligation of the State Government to ensure that the said order is implemented. We may remind the State Government that the only order passed by this Court is that the MSW Rules should be implemented in its true letter and spirit. 18. Accordingly, we direct that both the applications shall be listed on board on 17th October, 2018. We may remind the State Government that the only order passed by this Court is that the MSW Rules should be implemented in its true letter and spirit. 18. Accordingly, we direct that both the applications shall be listed on board on 17th October, 2018. The time extended earlier enabling Municipal Corporation to comply with the directions in order dated 2nd April, 2013 is extended further till 22nd October, 2018. In the meanwhile, we direct the State Government that within a period of two months from today, either the State Government will handover vacant possession of the entire area of the plots at Mulund and Karawale to the Municipal Corporation or the State Government will make an allotment of alternate sites which are free of encumbrances of the same area to the Municipal Corporation. Compliance Affidavit shall be filed by the State Government on or before 14th October, 2018. Even an Affidavit shall be filed by Municipal Commissioner on or before said date setting out steps taken. We hope and trust that the Municipal Corporation brings to the notice of the Apex Court, this order in the pending SLP. While the Municipal Commissioner files an Affidavit, he shall also set out the steps taken for setting up new facility at Deonar.