The Bombay High Court has questioned the role of Mumbai’s corporators in garbage removal and pollution control while hearing a petition concerning odour and environmental problems linked to the Kanjurmarg dumping ground.
A division bench of Justices Girish Kulkarni and Neela Gokhale asked how many elected representatives had worked to remove garbage and prevent pollution in their wards. “Those who are supposed to do this, they should be doing this. We don’t find any role of corporators,” the judges said during the hearing.
The court was hearing a petition filed by Kannamwar Nagar CHS, which raised concerns about pollution from the Kanjurmarg dumping ground. Residents’ advocate Abhijeet Rane told the court that people in the area were experiencing foul odour throughout the night.
The hearing also examined whether slum dwellers’ right to re-accommodation could be forfeited if they failed to cooperate with hygiene and garbage-disposal measures. On October 22, the court had sought clarity on the issue. Senior advocate Birendra Saraf, appearing for the Slum Rehabilitation Authority, said statutory provisions did not give the SRA the power to take away that right.
The judges discussed technology-based measures proposed by the Brihanmumbai Municipal Corporation, including artificial-intelligence-operated cameras and mist sprinkler systems. The court observed that such systems, if operationalised in slum areas, could make a difference in monitoring garbage dumping and controlling pollution.
Senior advocate Anil Sakhare, appearing for the BMC, said mist sprinklers would be installed at every location where garbage was being dumped. The court was told that a contractor had already installed 27 mist sprinklers, but the judges noted that the measures had not resulted in an improvement.
The exchange highlighted a gap between the installation of civic equipment and the residents’ experience on the ground. While the BMC has taken measures and contractors have installed sprinklers, the continuing complaints about odour and the court’s observations indicate that the effectiveness of those interventions remains under scrutiny.
The bench also questioned the extent of elected representatives’ involvement in maintaining cleanliness in slum areas. Justice Kulkarni asked the BMC and other parties to identify a current or former corporator who had repeatedly taken up issues involving garbage removal, cleanliness and pollution in such areas. The judges also referred to a report indicating that the mayor had distributed saplings and plants, while questioning whether that addressed the wider sanitation problem.
BMC’s counsel said corporators were being asked to participate in raising community awareness. The court also discussed the possibility of awareness camps by the SRA. Justice Gokhale said public campaigns had become difficult because even attempts to involve well-known personalities could attract criticism or be viewed through a different lens.
The judges said they would appoint three advocates as amici curiae, or friends of the court, to examine what was lacking in the existing response and present the issue in a clearer perspective. The appointment is intended to help the court assess the gaps in garbage management, hygiene and pollution-control measures around the affected area.
