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CNR No : HCBM020361072015 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 790 OF 2018 Kannamwar Co-Op. Hsg. Soc. Association Ltd. & Ors. ...Petitioners Versus Union Of India & Ors. ...Respondents WITH INTERIM APPLICATION (L) NO. 3527 OF 2026 IN WRIT PETITION NO. 790 OF 2018 WITH INTERIM APPLICATION (L) NO. 10152 OF 2026 IN WRIT PETITION NO. 790 OF 2018 _______

Mr. Abhijeet P. Rane for Petitioner Mr. Anil D. Yadav for R. No. 1, U.O.I. Smt. Jyoti Chavan, Addl. G.P. for State Mr. Anil Sakhare, Sr. Adv. a/w Mr. Rohan Mirpury, Ms. Pushpa Yadav i/b Ms.

Komal Punjabi for BMC Mr. Avinash Kate, Ch. Eng. (SWM) Project Mr. Shrikant Rathod, Ex. Eng. (SWM), Zone 1 Mr. Parikshit Gangurde, Asstt. Engineer (SWM) Operations Mr. Avdhoot Pujari, Ex. Eng. (SWM) Project Mr. Deepak Ahire, Asstt. Eng. (SWM) Project Mr. Deepak Sirsat, Asstt. Eng. (SWM) A Ward Ms. Jaya Bagwe for MCZMA & MPCB Nawaz Dordi i/b Mr. Tejas Bhide for R. No. 6 Mr. Saket Mone a/w Mr. Subit Chakraborty, Mr. Shrey Shah, Ms. Mitali Dhoble i/b Vidhi Partners for R. No. 7 Mr. Srinivasan Chari, Representative of R. No. 7 Present Radha H. Bhandari i/b M. V. Kini & Co. for R. No. 8 (Airport Authority of India).

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CORAM: G. S. KULKARNI &

DR. NEELA GOKHALE, JJ.

DATE: 27^th AUGUST 2026 P.C.

1. Issues of seminal importance on public hygiene and health are flagged in our order dated 15th July 2026. We indicated two major concerns, first, the duty of residents to keep the city clean by refraining from dirtying public places, such as throwing garbage on roads, pavements and streets and second, if, despite warnings, citizens fail to relent and continue to trash public streets, pavements, or other public places, the municipal and legal machinery to prevent such abuse of public property needs to be set in motion.

2. Thus, in our above-dated Order, we had issued the following directions:

(i) The Municipal Commissioner to ensure that the streets, by-lanes, pavements and any other places of public utility in every ward are garbage- free. A mechanism for systematic storage and collection of garbage needs to be implemented immediately in all wards.

(ii) A strict vigil be maintained by the Ward Officers or any other machinery that may be deployed against persons dumping garbage, plastic waste on public streets, pavements etc. and strict action be taken against such persons as the law would determine. Technology like CCTV, Vigilance booths, etc. should be deployed at places where people habitually throw garbage on streets and public places.

(iii) The aforesaid measures need to be urgently deployed in and around the marketplaces of every kind so that cleanliness and hygiene are maintained in the marketplaces.

(iv) The Municipal Commissioner to devise a mechanism to sensitise people against throwing garbage and plastic waste into the sea/nalas and water bodies. At the points where these nala drains meet the sea, nets or barriers should be installed to prevent plastic materials from being dumped into the sea.

(v) All open nalas need to be closed, so that all the ill-effects of such public waste and garbage being dumped into these nalas are avoided. It is the need of the hour to convert open nalas into proper piped drains. This is wholly forgotten.

(vi) The MCGM shall publish and give publicity to those wards that have achieved the status of clean, no-garbage wards, with streets, public lanes, market surroundings and other public places free from the dumping of waste, garbage etc. and shall appropriately reward the municipal machinery.

3. Additionally, we have raised concerns that the MCGM, confronted with nuisance arising from the accumulation, collection and disposal of solid waste, appeared unable to meet these challenges, unless the residents of the city curb their reckless and negligent habits of failing to meet basic civic expectations. We have also observed that residents who feel free to throw waste/garbage and litter on public