If slum dwellers want to continue living in Mumbai they will need to "mend their ways" and ensure that they do not litter on public streets or anywhere in the city, said the Bombay High Court on Thursday (October 22) with a clear warning that it may ask the Slum Rehabilitation Authority (SRA) to forfeit the right to permanent alternate accommodation of such slum dwellers, who are caught throwing garbage in public places and are prosecuted for the same. 

A division bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale orally said that it cannot let a situation where there is 'no rule of law' especially for slum dwellers, who are the 'vote banks.'

"Our problem is not the civic officers but the fact that the citizens, particularly slum dwellers are not co-operating... this is a major issue... Our orders cannot remain on paper forever .. we are pained to see people are habitual and are throwing their domestic garbage anywhere and everywhere with impunity... there is no deterrent at all... This is a serious issue in Mumbai... Citizens think they can encroach any land parcel and make a slum there, they will then dirty the public places, they will no co-operate with civic body... They will threaten civic officials... they will threaten police... What attitude is this... People are resisting even basic cleanliness... This isn't an acceptable situation at all..." Justice Kulkarni orally observed. 

The judge noted that the SRA is the regulating authority for slums and thus said that now the SRA will have to enter the picture and take some stern action against such slum dwellers, who litter the public places, with impunity. 

"Now we will call SRA... For slums, we will get their right to a permanent alternate accommodation forfeited... If you want to live in this city follow basic principle... If you will throw garbage anywhere not follow the rules, we will forfeit your rights... BMC is cementing roads... Imagine its cost but what is the condition of these roads? Almost every possible material is found on such roads like garbage, plastic bottles etc... We understand that there is a government policy and we even recognise that the slum dwellers are a vote bank but still they need to be disciplined they just cannot claim a right to free alternate accommodation, or in situ accommodation etc. by littering in the city... SRA cannot increase the burden on BMC... They will have to control these slums..." Justice Kulkarni remarked. 

The judges pointed out that during the rainy season also all trash comes on the streets making it impossible for citizens to walk on the streets.

"There cannot be a 'no rule of law' for slum dwellers... They cannot say we won't be adhering to the rules... We don't recognise these type of citizens... We can't have a situation wherein they create obstacles in path of civic body...They cannot just dump anywhere and everywhere...Their right needs to be forfeited... At least against those who are named in any prosecution for violating our orders etc...We can't have such unruly citizens... Their rights have to be forfeited else they will not learn a lesson... because this is concerning article 21 rights of other citizens... They have no business to litter on the streets... Let us be very clear, these slum dwellers will have to mend their ways... They cannot get everything for free... If they want to live in Mumbai they will have to mend their ways..." Justice Kulkarni warned.

To this, senior advocate Dr Birendra Saraf who was called to the court as he usually appears for the SRA, said that he will verify with the Chief Executive Officer (CEO) of the SRA as to whether such an action can be taken or not and come back with proper instructions on the next date of hearing. 

The bench made these strong remarks while hearing a petition pertaining to the dumping ground in the eastern suburbs.The scope of the petition was widened by the bench earlier and has been monitoring the maintenance of public health and hygiene across the 24 wards in the city. 

On a previous hearing held earlier this month, the bench had expressed displeasure with the Brihanmumbai Municipal Corporation (BMC) not taking proper steps to improve the situation especially in certain parts of the city. 

On Thursday morning, when the matter was called out, the judges pointed out that several parts of the city continue to be seen with litter on the streets and public places, especially parts of western suburbs in Jogeshwari, Jogeshwari, Malad etc. 

The judges said that it is high time now that the BMC fixes ward wise accountability and monitors the public healthy and hygiene on a week to week basis. 

During the hearing, the bench also sought to know from senior advocate Anil Sakhre, who represents the BMC, as to whether the civic commissioner Ashwini Bhide has held any meetings with any of the sitting corporators, apprising them about the orders of the court and the need to maintain cleanliness in the city.

"Let us know how many times your Commissioner has met all the corporators and officers on this issue? Is she aware about our orders? Has she told the corporators about our orders? What has been the feedback?" Justice Gokhale told Sakhre. 

Weighing in, Justice Kulkarni added, "We are very much sure that the corporators are responsible persons and they will help to revolutionise this issue..."

With these observations, the bench adjourned the matter for further hearing.