The has signaled a potential shift in urban governance, warning that habitual littering by slum dwellers in Mumbai could lead to the of their rights to permanent alternate accommodation under schemes. During proceedings on , a division bench of Justice G.S. Kulkarni and Justice Dr. Neela Gokhale emphasized that while slum dwellers are a significant segment of the city’s population, they cannot be exempt from the required to maintain public health and hygiene.
The court’s stern observation comes amidst ongoing concerns regarding the accumulation of domestic waste on public streets, pavements, and areas beneath flyovers and metro bridges. The bench, which has been monitoring the city's cleanliness initiatives for several months, noted that traditional monetary penalties for littering have proven ineffective as a deterrent. Consequently, the judiciary is exploring more stringent measures, including the potential revocation of housing entitlements for those who repeatedly violate cleanliness norms despite previous prosecution.
"It cannot be that an
on public land or private property would be a licence to the slum dwellers to litter on public streets, thereby causing hurdles to the municipal machinery to maintain health and hygiene,"
the court remarked during the hearing. The bench highlighted that such actions directly infringe upon the
of other citizens to live in a clean and sanitary environment, a principle rooted in
.
The court has requested , a Senior Advocate with significant experience in slum rehabilitation matters, to consult with the Chief Executive Officer of the SRA. The objective is to formulate a mechanism where, upon a record of multiple prosecutions or fines for illegal dumping, the SRA may consider of a resident’s claim to subsidized or free permanent housing. The bench expects a progress report on these consultations at the next hearing on .
Enforcement and Ward Accountability
The court’s directive follows a comprehensive review of the Municipal Corporation of Greater Mumbai’s (MCGM) efforts to comply with previous orders regarding waste segregation and the elimination of Garbage Vulnerable Points (GVPs). While acknowledging the efforts made by officers in the K/West ward, the court insisted that such diligence must be replicated across all 24 administrative wards of the city.
The Municipal Corporation provided detailing the steps taken, including the deployment of manpower, CCTV monitoring, and awareness campaigns, particularly following the Swachh Bharat Diwas on . However, the bench expressed dissatisfaction that systemic issues persist, particularly in slum-dominated pockets where residents often resist municipal cleanup efforts. The court directed that Assistant Engineers (SWM) across all wards must implement hygiene norms with absolute rigor, utilizing police assistance if necessary to ensure that public roads remain free of waste.
Furthermore, the bench inquired about the active involvement of elected representatives. The court emphasized that corporators and local officials must play a central role in educating their constituents about the court's mandates, urging the Municipal Commissioner to ensure that regular, documented meetings are held to synchronize these efforts.
Kanjurmarg Dumping Facility Compliance
Simultaneously, the court addressed the long-standing grievance regarding the foul odor and pollution generated by the Kanjurmarg dumping site. Following a surprise inspection on , the issued a formal notice on , mandating 20 specific compliance measures. These requirements include the installation of bio-filtration and ventilation systems at the Material Recovery Facility, the use of geotextile fabrics to cover compost yards, and the implementation of advanced odor-suppression technologies like mist-type fogger cannons at the Bio-Reactor Landfill area.
"You shall provide bio filtration system or ventilation system with scrubbing at MRF at 1000 MT capacity plant,"
stated one of the specific requirements listed in the MPCB notice. The court noted that these measures are essential for mitigating the health risks posed to nearby residential areas. The Municipal Corporation and the relevant contractors have been tasked with the immediate implementation of these directives, with the court warning that failure to meet these standards would invite further judicial intervention against the responsible officials.
Clarification on Ambient Air Quality Standards
Addressing concerns raised by the petitioners regarding potential dilution in air quality norms, the Central Government submitted an affidavit clarifying that the standards remain robust. The asserted that the retain the core specifications for ambient air quality monitoring at landfill sites.
"There has been no dilution of the prescribed ambient air quality standards. The contentions raised by the Petitioner in this regard are, therefore, not factually correct,"
the government stated, noting that landfill sites are required to meet the same stringent standards prescribed for industrial areas. The court, while accepting this clarification, granted the petitioners liberty to submit a detailed representation to the ministry if they believe specific amendments to the rules are necessary to enhance public health safeguards.
The court has directed that the Municipal Corporation, along with the concerned contractors managing the Kanjurmarg facility, must file detailed on the status of the 20 MPCB-mandated compliance points by the next hearing. Meanwhile, the city’s administrative authorities are expected to prepare for a more rigorous enforcement framework, signaling a potential turning point in how Mumbai addresses its pervasive urban waste crisis. The matter is set for further deliberation on , where the court expects a concrete plan on how to integrate civic accountability into the city's slum rehabilitation policy.
waste management - urban cleanliness
