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Flags Inactive Civic Machinery, Directs To Fix Accountability For Littering
A division bench of Justice G.S. Kulkarni and Justice Dr. Neela Gokhale expressed dismay over the "total inaction" of ward-level officers in clearing garbage from public streets, calling it a serious violation of citizens' .
A City in the Grip of Garbage: Court Steps In
The on , pulled up the ) for its failure to prevent and clear litter and unauthorized dumping on public streets and pavements. Hearing a writ petition filed by the , the court noted that despite repeated assurances, the municipal machinery at the ground level remained "totally non-functional."
The court was shown photographs depicting the "dismal state of affairs" in various wards.
"The sight of the photographs is quite disturbing to say the least. Despite repeated assurances to the Court, it appears that the municipal machinery is totally inactive when it comes to clearing the public streets, pavements etc. of litter and unauthorised dumping of garbage,"
the bench observed.
From Assurances to Accountability: The Court's Directive
The court directed the Municipal Commissioner to fix accountability of all Ward Officers and their subordinates who were taking no action to prevent dumping or clear litter. It ordered that an affidavit be filed within 10 days setting out the names of all officers responsible for maintaining health and hygiene in public places, so that accountability can be fixed.
The bench emphasized that the must activate a mechanism to launch prosecutions under the
, the
, and environmental laws against persons involved in illegal dumping.
"Without such strict action being taken as the law would mandate, these unruly persons creating
of this nature would not be disciplined,"
the court remarked.
Drawing inspiration from Singapore's littering laws, the court noted that under Singaporean rules, offenders face fines of up to SGD 2,000 for a first conviction, with higher fines and for repeat offences. The court observed that it is ultimately for lawmakers to consider stringent rules to weed out the nuisance of dumping.
The Stench of Neglect: Kanjurmarg Dumping Ground
The court also addressed complaints of foul odour emanating from the Kanjurmarg dumping ground, approximately 2.5 km from residential areas and the Godrej Hospital. Petitioner's counsel complained that a complaint made via email on , remained unaddressed, and the complaint mechanism required filling a complicated form.
"We are quite surprised to find that a complaint mechanism, which appears to be totally inactive, has been provided,"
the court said. It directed respondent no. 7 (the operator of the dumping ground) to accept all grievances by email and ensure that the site does not generate any odour or pollution. The court warned that any inaction could lead to
.
Waste Rules Remain on Paper: Court Orders
The court expressed concern that the have "remained only on paper" and the has not implemented them strictly. It noted that segregation at source is crucial to prevent odour from churning and segregation at the dumping site.
The court directed the to appoint a Group Task Force and a ward-wise mechanism, including representatives of citizens and experts, to ensure of the Rules. It also directed the ) to maintain a meticulous vigil over complaints concerning odour and pollution from the Kanjurmarg site and provide a mechanism for the public to register such complaints.
Key Observations
The court made several pointed remarks:
"In our clear opinion, it is an offence required to be dealt with . The Municipal machinery hence cannot depict a hands-off approach of a total neglect."
"Without such strict action being taken as the law would mandate, these unruly persons creating of this nature would not be disciplined."
"Unfortunately the situation today is that these Rules have remained only on paper, the Municipal Corporation has certainly not implemented these Rules, much less strictly."
"If such complicated formalities for making complaints is set into motion, certainly it would not be a responsive complaint mechanism."
What the Court Ordered
The court directed: - The Municipal Commissioner to file an affidavit within 10 days listing all Ward Officers and their subordinates responsible for cleanliness. - Implementation of a Standard Operating Procedure (SOP) for daily cleanliness drives, with rewards for clean wards. - Activation of prosecution mechanisms under BNS, , and environmental laws. - Respondent no. 7 to accept grievances by email and address odour complaints immediately. - to appoint a Group Task Force for of . - to monitor odour complaints and provide a public complaint mechanism.
The proceedings were adjourned to , for compliance reports.
