Govandi residents accuse MPCB of undervaluing environmental violations by biomedical waste facility

MUMBAI: Residents of Govandi have accused the Maharashtra Pollution Control Board (MPCB) of grossly underreporting and mishandling environmental violations by SMS Envoclean Pvt. Ltd., which operates a biomedical waste treatment facility in the area.
A biomedical waste treatment facility is a specialised center that handles, processes, and disposes of hazardous waste from healthcare and research facilities, such as used syringes, bandages, surgical instruments, pathological waste, pharmaceuticals, and materials contaminated with blood, bodily fluids, or infectious agents.
In a fresh application filed before the National Green Tribunal (NGT), a specialised judicial body in India established to address environmental disputes, on June 2, the Govandi New Sangam Welfare Society alleged that MPCB failed to impose appropriate environmental penalties on the facility, despite repeated violations of the Bio-Medical Waste Management Rules, 2016 (BMWM Rules).
The Society claims that the MPCB ignored key violations such as untreated effluent discharge, improper handling of biomedical waste, and manipulation of emissions data while calculating Environmental Damage Compensation (EDC). Citing the Polluter Pays and Precautionary Principles, which requires polluters to bear the costs of pollution prevention, control, and restoration, the petition demands a new, legally sound assessment of the environmental damage and seeks personal accountability of MPCB officials for allegedly suppressing evidence and failing to perform their statutory duties.
The society pointed to several complaints it had made in the past, flagging serious concerns over toxic emissions and adverse health impacts from the plant. Following inspections, the MPCB issued closure directions in July 2019, confirming violations of the BMWM Rules. However, despite this, the board imposed no penalty and calculated a compensation of just ₹14.22 lakh—an amount the petitioners say grossly favours the polluter. Dissatisfied with the inaction, the society initially filed a public interest litigation in the Bombay High Court. On September 11, 2023, the High Court directed the petitioners to approach the NGT for suitable remedies.
In its plea, the society accused the MPCB of deliberately excluding crucial evidence of non-compliance, including failure to meet treated wastewater standards and delays in disposing of biomedical waste within the mandated 48-hour period. 'MPCB chose to disregard these key violations for reasons best known to them,' the petition stated.The closure notice issued by MPCB itself, dated July 6, 2019, documented several infractions- failure to segregate waste as per the 2016 Rules, poor maintenance of biomedical waste records, unwashed transport vehicles at the site, and transportation vehicles lacking mandatory biohazard symbols. 'Despite these glaring lapses, MPCB has under-calculated the compensation and misled the tribunal,' the petition alleged.
The residents further invoked the Central Pollution Control Board's 2019 guidelines, which require enhanced penalties for repeat violations—guidelines that MPCB allegedly failed to apply. This, the petition claims, has made such violations economically viable for offending firms.Additionally, the society alleged that MPCB excluded 267 days during the COVID-19 pandemic and another 395 days in 2020–21 from its compensation calculation—periods during which violations had occurred.
Calling for the application of the strict and absolute liability principle under environmental law, the society urged the NGT to direct MPCB to reassess and impose a fair and accurate EDC on the polluter.

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