'Citizens Have Right To Clean Streets': Bombay High Court Flags Inactive Civic Machinery, Calls For Action Against Public Garbage Dumping
The Bombay High Court has directed the Municipal Commissioner to fix accountability of Ward Officers and their subordinate officers for failing to prevent or clear litter, trash and unauthorised dumping of garbage on public streets and pavements. The Court also called upon the Municipal Corporation to activate a mechanism for launching prosecutions under the Bharatiya Nyaya Sanhita, the MMC Act and environmental laws against persons involved in illegal dumping.
A division bench of Justice G.S. Kulkarni and Justice Dr. Neela Gokhale was hearing a writ petition considering the issues of the total non-compliance by the MCGM and the Ward officers of the different wards, and by their total inaction in preventing/clearing dumping of trash, waste and litter on public streets.
The Court noted photographs placed on record showing the condition of public streets and pavements, and observed:
“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 Court noted that the municipal machinery at the ground level appeared to be inactive in clearing litter and unauthorised dumping, and that the use of CCTV cameras and vigilance were merely paper assurances.
The Court accordingly directed the Municipal Commissioner to fix accountability in respect of all Ward Officers and officers subordinate to them who were taking no action to prevent such dumping or to clear such litter, trash and dumping on public streets and pavements. It directed that an affidavit setting out the names of responsible for the duties in maintaining health and hygiene in public places be placed, so that accountability can be fixed.
“… the Municipal Corporation is required to activate the mechanism of launching prosecution against such persons under the Bharatiya Nyaya Sanhita (BNS) along with the relevant provisions of the MMC Act and the Environmental Law… Without such strict action being taken as the law would mandate, these unruly persons creating public nuisance of this nature would not be disciplined,” the Court remarked.
Referring to measures implemented in Singapore, the Court observed that it was ultimately for lawmakers to consider stringent rules to address dumping of garbage and trash on public streets and open spaces.
“The State Government needs to notify a uniform policy in this regard, so that the same can be implemented by all the Municipal Corporations and, more particularly, larger cities like Mumbai and Pune etc.,” the Court noted.
The Court also considered complaints regarding foul odour from the Kanjurmarg dumping ground. It noted that the nature of the form which has been provided in the complaint mechanism makes it impossible to register urgent complaints already made in the email. Hence, the Court directed the concerned respondent to accept grievances by email.
“We are quite surprised to find that a complaint mechanism, which appears to be totally inactive, has been provided… An effective complaint mechanism would not only register the complaint as made by any permissible modes but also, address the complaint and ensure that immediate corrective measures are taken at the dumping site, with the complainant being informed as to what had gone wrong and the remedial measures taken,” the Court highlighted.
Taking note of the smell generated from the dumping ground amounting to serious environmental pollution, adversely affecting the fundamental right of the citizens of a pollution free environment, the Court further directed the concerned respondent to ensure that the dumping site ought not to generate any odour or pollution of any nature.
The Court expressed concern that the Solid Waste Management Rules, 2026 had remained on paper and directed the MCGM to implement segregation norms at every possible source. It also directed the Municipal Corporation to consider appointing a Group Task Force and a ward-wise mechanism, including representatives of citizens and experts, for strict implementation of the Rules.
The proceedings were adjourned to October 7, 2026 for the authorities to place the directed compliances on record. The Court also directed the Maharashtra Pollution Control Board to maintain a meticulous vigil over complaints concerning odour and pollution from the Kanjurmarg dumping site and provide a mechanism for the public to register such complaints.
Case Title: Kannamwar Co-op. Hsg. Soc. Association Ltd. v. Union of India [Writ Petition No. 790 of 2018]