Mumbai: The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to clear debris and garbage from a plot on Flank Road in Sion (East), once home to a cycling track, and to establish a regular cleaning mechanism for the site. However, the court also raised doubts about whether the public interest litigation (PIL) filed in the matter was genuinely in the public interest.
A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, while hearing the PIL on October 13, took note of a BMC communication dated July 7, 2025, detailing the civic body’s response. The petition was filed by Payal Shah, a civic activist and resident of Flank Road, who sought directions for the BMC to remove unauthorised dumping and debris from the area, claiming it caused traffic congestion and obstructed ambulance access. She also demanded that the land be restored as a pay-and-park facility.
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HC Finds Flaws In Petition
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However, the bench found inconsistencies in Shah’s petition. It noted that her earlier representation, dated January 16, 2025, made no mention of traffic or garbage issues but instead discussed a proposal for a pay-and-park project. The court also observed that Shah had not clarified when the debris accumulation began or what remedial measures she had attempted before moving the court, as reported by Hindustan Times.
Shah’s petition traced the site’s background, from its leave-and-license agreements with Shanmukhanand Hall in 2012 and 2016, to the cycling track project sanctioned in 2020 with a budget of Rs 100 crore along the Tansa water pipeline. However, the track has since fallen into disuse and become plagued by encroachments, garbage dumping and illegal activities.
Pay & Park Plan Scrapped Earlier This Year
Earlier this year, the BMC had planned to convert part of the track into a pay-and-park zone to ease congestion, but the proposal was withdrawn in July 2025 after objections from the Hydraulic Engineering Department. Officials cited a 2006 high court order mandating a 10-metre buffer on both sides of the Tansa pipeline to remain free of structures or parked vehicles.
The bench, while dismissing the PIL, remarked: “The petitioner herself is a resident of Flank Road, Sion (East), but claims to have filed this petition in public interest. On a bare reading, this litigation does not appear to be for a genuine cause,” as quoted by HT.
Despite questioning its authenticity, the court instructed the BMC to immediately remove all debris and garbage and to set up a regular cleaning system to maintain hygiene and public safety at the site.
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