Mumbai, Jan 21: Observing that the rights of citizens were continuing to be breached due to persistent odour and gas emissions from the Kanjurmarg solid waste management facility, the Bombay High Court on Wednesday directed the contractor and civic authorities to take all effective steps to ensure that its earlier orders are meaningfully implemented.
‘Assurances not enough’
A Bench of Justices Girish Kulkarni and Aarti Sathe made it clear that mere assurances would not suffice and expressed dissatisfaction with the manner in which complaints raised by residents were being dealt with.
“We are of the opinion that all effective steps be taken by the contractor, in consultation with the BMC, so that our orders passed earlier, which echo the rights of citizens being breached, are effectively implemented,” the Bench said.
Petitions on health hazards
The court was hearing a batch of petitions, including a PIL filed by Vanashakti and Kannamwar Co-op Housing Society Association Ltd, challenging dumping activities at Kanjurmarg on the ground of severe odour, emission of gases and resulting health hazards.
Complaints ignored, court told
Counsel for the petitioners submitted that the odour-control technology at the site had failed and that hundreds of complaints lodged by residents over the past two months had not been acted upon.
It was pointed out that there was no record showing how many complaints were received or what steps were taken in response, forcing residents to even approach the police.
Court unconvinced by contractor’s reply
In response, the contractor stated in an affidavit that nearly 300 complaints received between December 31, 2025, and January 13, 2026, had all been addressed. The Bench, however, was unconvinced and termed the response inadequate.
“The manner in which complaints are addressed is not satisfactory and is not an answer to the issue. It appears to be a blanket answer to all these complaints. What steps were taken in the nature of each complaint is not set out,” the court observed.
Delay in remedial measures questioned
The Bench also questioned the delay in implementing remedial measures. The contractor informed the court that a tarpomatic cover, intended to reduce odour and insect nuisance, was being imported from the United States and was expected to be delivered by the end of February. The court noted that the affidavit lacked clarity on interim measures.
Residents added to monitoring panel
Allowing the petitioners’ request, the HC directed that one nominee of the petitioners be appointed to the monitoring committee overseeing the project, amending its earlier order on the committee’s constitution.
The court also permitted the petitioner’s representative to participate in the committee’s proposed site visit to a solid waste management project in Lucknow, with travel costs to be borne by the contractor.
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Next hearing
The matter has been adjourned to February 23, 2026, for further compliance and progress to be placed on record.
Earlier, in December 2025, the High Court had slammed the authorities for “playing with lakhs of lives” and criticised what it termed “lip service” by the contractor, while directing immediate scientific measures to curb odour pollution.
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