"Citizens Must Be Disciplined, They Don't Engage In Such Activities Abroad": Bombay High Court Directs Action Against Plastic Littering
The Bombay High Court has expressed serious concern over the reckless conduct of citizens in indiscriminately dumping garbage and plastic waste on public streets, observing that such behaviour is causing serious damage to the environment and placing undue pressure on the municipal machinery. The Court further observed that while citizens must inculcate civic discipline, which is the basic duty...
The Bombay High Court has expressed serious concern over the reckless conduct of citizens in indiscriminately dumping garbage and plastic waste on public streets, observing that such behaviour is causing serious damage to the environment and placing undue pressure on the municipal machinery. The Court further observed that while citizens must inculcate civic discipline, which is the basic duty of every citizen towards society and paramount for the protection of the ecology and the environment.
“… it cannot be that persons in Mumbai are free to throw waste/garbage and litter on public streets and/or public places. When such persons visit abroad, they do not indulge in such activities, as the implementation of the municipal laws is strict and not infested under any considerations,” the Court observed.
A Division Bench of Justice G. S. Kulkarni and Justice Aarti Sathe was hearing a writ petition concerning solid waste management. During the hearing, the Municipal Corporation of Greater Mumbai (MCGM) placed on record the Solid Waste (Management & Handling) Cleanliness and Sanitation Bye-Laws for BMC, 2025. On examining the bye-laws, the Court observed that despite the statutory framework, the sea shores and beaches have remained adversely affected by heaps of plastic/garbage thrown into the sea being washed back ashore during the monsoon.
The Court observed that Ward Officers are under a duty to ensure that every ward remains free from garbage dumped on public streets, pavements, rivers, nalas and other water bodies. It noted that open municipal drains had become dumping sites for plastic waste, which ultimately drains into the sea.
“It is surprising as to how this nuisance of dumping plastic waste into water bodies and nalas can continue unabated. It is high time that citizens discipline themselves. Such discipline can be achieved by proper inculcation of civic values, which is the basic duty of every citizen towards society and paramount for the protection of the ecology and the environment. Unfortunately, such duty has not been discharged by the citizens. Such careless approach on the part of the citizens, who unabatedly indulge in such activities, is undoubtedly causing serious damage to the environment apart from causing undue pressure on the municipal machinery,” the Court observed.
The Court further noted that without bringing change at the grassroots level, results are hard to achieve. Hence, it directed MCGM to deploy teams to visit each ward on designated days of the week to educate and impress upon citizens the importance of protecting civic health and hygiene and to inculcate a civic culture and discipline against littering, dumping garbage, or disposing of plastic waste on public streets, pavements, water bodies, nalas, and other public places.
The Court highlighted the duty of the residents to refrain from dumping garbage in the open, and directed that Ward Officers identify such offenders with the aid of CCTV cameras and other technological measures and proceed against them in accordance with law, not only by imposing fines but also by initiating criminal proceedings for creating public nuisance.
The Bench also observed that the responsibility to maintain public health and hygiene cannot be avoided merely because an area is a notified slum or falls under the jurisdiction of the Slum Rehabilitation Authority. It directed the Chief Executive Officer of the Slum Rehabilitation Authority to ensure that the slums do not create a nuisance of accumulation of garbage on public streets, water bodies, etc. The Court observed:
“It is no rule of law that a group of persons can go on causing such nuisance adversely affecting the society at large, merely because they reside in slums. Health and hygiene, in fact, are of even greater importance in slums. However, we fail to understand why there is no realization on the basic need of the society. Slums cannot be treated merely as vote banks; rather, their overall welfare must be achieved.”
The Court further held that the Additional Municipal Commissioners of the respective regions are under an obligation to have rigorous vigilance on the Wards in respect of maintaining public hygiene on all fronts. The Court highlighted that its directions acquire increased importance in times when various corporations across the country are endeavouring to maintain health and hygiene.
“… one of the cities in Madhya Pradesh, namely, Indore, has been recognized as the cleanest city in the country by the Central Government (Ministry of Housing and Urban Affairs). Is it difficult for the MCGM to achieve such a position with the abundance of resources it wields, provided there is a will to achieve such objectives with citizen cooperation and by implementation of the solid waste management rules and the bye-laws framed by it effectively and strictly,” the Court remarked.
The Court further directed MCGM to formulate a comprehensive scheme/plan for Ward Officers to ensure cleanliness in every ward of the city. It suggested the use of social media and establishing a ward-wise grievance redressal cell/mobile app whereby the citizens in the vicinity would be able to share their grievances.
Accordingly, the Court directed the Municipal Commissioner to ensure systematic garbage collection across all wards, maintain strict vigilance against illegal dumping, deploy CCTV cameras and other technology to identify offenders, initiate strict action against persons dumping garbage on public streets and public places, devise mechanisms to prevent plastic waste from entering the sea, convert open nalas into piped drains, publicise clean wards, and place a compliance report before the Court.
Case Title: Kannamwar Co-Op. Hsg. Soc. Association Ltd. v. Union of India [Writ Petition No. 790 of 2018]