'Forfeit Rehabilitation Homes For Repeat Garbage Dumpers': Bombay HC To SRA

Mumbai, October 22: Expressing severe displeasure over slum dwellers dumping garbage on public streets, the Bombay High Court asked the Slum Rehabilitation Authority (SRA) to consider deterrent measures, including forfeiting rights to permanent alternate accommodation for repeat offenders.

A bench of Justices Girish Kulkarni and Neela Gokhale made the observations while hearing a batch of petitions, including one filed by the Kannamwar Nagar CHS Association Ltd, regarding foul odour, toxic gas emissions and health hazards faced by residents near the Kanjurmarg dumping ground.

HC Flags Rights Of Other Citizens

"It cannot be that an encroachment on government land or private property, with an entitlement to receive permanent alternate accommodation, gives them a licence to litter and deface public streets," the bench observed.

"In the event prosecution is lodged or fines are paid on more than two occasions, it would be appropriate for the SRA to take measures to forfeit the right of such slum dwellers to receive permanent alternate accommodation."

Addressing Senior Advocate Birendra Saraf, appearing for the SRA, the court emphasised that unruly action infringes upon other citizens' constitutional rights: "Any misuse of the right to remain in slums cannot be taken to be a right to breach the fundamental rights of other citizens to clean and hygienic surroundings under Article 21."

BMC Cites Challenges In Slum Areas

Senior Advocate Anil Sakhare, representing the Brihanmumbai Municipal Corporation (BMC), submitted affidavits detailing steps taken in the K-West ward, Andheri, to clear garbage accumulation. He highlighted that over 42% of Mumbai's population resides in slum clusters where clean-up teams face local resistance and safety threats.

The court criticised the lack of progress on basic enforcement, noting that earlier assurances regarding CCTV surveillance were conspicuously absent from the affidavits filed.

"There is no rule of law for slum dwellers — dump anywhere, construct any number of floors (on their unauthorised structure)," the bench remarked. "Monetary penalties have failed to bring about any result. A deterrent can come only when strict consequences are prescribed."

Court Seeks Greater Civic Involvement

The court directed the BMC to rope in corporators to build awareness, as they are in contact with local citizens. It ordered additional municipal commissioners to submit affidavits on elected representatives' involvement in waste management.

On a court query, advocate Saket Mone, appearing for the plant contractor, cited a recent Maharashtra Pollution Control Board (MPCB) midnight inspection that reported no foul odour outside Kannamwar Nagar.

Also Watch:

However, after reviewing the MPCB’s notice listing nearly 19 non-compliances, the bench cautioned the contractor against delays: "Either you achieve it, or we will impose heavy penalties. Otherwise, we will ask you to deposit Rs 5 lakh per day. When we are concerned with lakhs of citizens, Rs 5 lakh a day is nothing."

The court has kept the matter for further hearing on November 3.

To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/