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MAHUL CASE: STATE OF MAHARASHTRA V MR. CHARUDUTTA PANDURANG KOLI AND OTHERS
Mahul is often considered as a Toxic Hell or a Hell in Mumbai. This case deals with the residents of Mahul who had been residing there and facing a lot of problems. In the year 2017, on May 13, many houses near the Tansa water pipeline in Ghatkopar and Vidyavihar in Mumbai were completely demolished. Almost approximately one thousand houses were destroyed. The demolition was done because of the Bombay High Court order in the year 2009: the order stated that within the ten meters of either side of the pipeline, there should be no settlements. In regard to this order, the houses were demolished. The residents of those houses were shifted to Mumbai Metropolitan Regional Development Authority also known as MMRDA; these buildings were located in Mahul. They started to live in Mahul on the 12th of June, 2017. It was estimated that about 5,500 families were shifted to 72 buildings in a residential complex also known as Mahul transit camp. It was stated as a temporary settlement unless there new houses or settlement was done. Mahul is a fishing village in Chembur, Mumbai. It is a very heavily industrialized area. Refineries like Bharat Petroleum refineries, Hindustan refineries are there. Industries like Sea Lord Containers, Aegis Logistics Ltd., Tata Power, and Rashtriya Chemical and Fertilizers are also operating there. Almost sixteen chemical factories and three refineries are situated in Mahul. By looking at the number of industries, we can estimate the amount of pollution and dangerous air is quite high in Mahul. We have always known about the fact that such places where heavy industrialized work is going on are hazardous for human beings, and a residential complex at such a place is very much risky for the people who used to live there. A report was made by IIT Bombay which stated that it will be best if the people living at Mahul were shifted to a safer place, there constant living there and inhaling such hazardous air, and drinking such infected water had already caused a lot of health issues and in future, it will create a very bad impact on their health. Many scientists also stated about the fact that they had been living quite near to such refineries and factories, if by any chance any mishap takes place, they will be severely at risk of maybe losing their lives, and also their future generations would be prone to many diseases. A report also stated that nearby Mahul there were no such easy transport communications; neither there were any schools nor any hospitals. Even the workplace and shops were far away from Mahul.
The people who were shifted to Mahul used to live in Eversmile PAP Colony. PAP is referred to as Project Affected Persons. The Eversmile PAP Colony is located upon land originally demarcated to be a No- Development Zone in the Draft Development Plan of 1984. The PAP colony is comprised of 72 buildings and 17,205 tenements. The colony is separated from the BPCL refinery by a fifteen-meter road. The Eversmile Colony mainly deals with three issues; the first is the proximity of the refineries to the colony had resulted in severe health conditions of the people living there. A study by Maharashtra Pollution Control Board (MPCB) and Neeri in 2018 found that almost twenty-one toxic chemicals are present therein Mahul. Toxic Compounds like Benzene, Styrene Toluene, Xylene, Diethyl benzene, Trimethylbenzene, Dichlorobenzene are mostly found there. It has been observed that many of these compounds are carcinogenic in nature and constant exposure to such compounds can eventually lead to dreadful health conditions. The second is the presence of this residential complex in such close proximity to such industrial belts imposes a threat to the security of both the residential people and the industries over there. The third issue is that the hygienic condition in Mahul is very poor. Various interviews and studies show that most of the people living there suffered from various infections due to the water they had been drinking for so long in Mahul. They are even prone to a lot of diseases that especially occurs due to garbage and germs. And most importantly, schools, colleges, hospitals, shops for basic amenities are far away from Mahul.
A study has shown that fever, body ache, skin diseases, stomach problems are frequent among the residents of Mahul. The information which was obtained under the Right to Information Act stated that eighty-eight persons died in Mahul. Several people who were residing at Mahul started protesting and finally, the Bombay High Court heard this matter and gave its final judgment on 13rd of September 2019. Various aspects were looked into this case before the judgment was given. A lot of previous cases were also taken into consideration while giving judgment. Finally, the honourable Bombay High Court declared that no new family will be shifted to Mahul as a consequence of the slum clearance, and the people who had been living there in Mahul would be accommodated elsewhere. And till alternative accommodation is made available they will be given a sum of Rs. 15,000 as transit rent and a sum of Rs. 45,000 as a security deposit. The Court observed that the residents of Mahul had been facing a lot of health problems from the newborn babies to the aged, even constant exposure to those chemicals would lead to bad health impact later on. This judgment by the Honorable Bombay High Court was welcomed with celebration by the residents of Mahul.
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