Pothole deaths to pollution: Ahead of January 15 BMC polls, a look at how Bombay HC pulled up civic body’s inefficiency on issues core to residents

Irked over a plethora issues ranging from deaths due to potholes, to illegal hawkers menace, to building permissions in violation of rules that are core to the city residents, the Bombay High Court has on several occasions pulled up the Brihanmumbai Municipal Corporation (BMC) and passed directions during the Administrator rule of over three years at BMC, one of the richest civic bodies in the country.

Despite court directives, the court has repeatedly observed that the Brihanmumbai Municipal Corporation (BMC), whose elections are scheduled for January 15, has taken insufficient efforts to comply with them, facing repeated criticism from the judges.

Hearing a suo motu Public Interest Litigation (PIL) on potholes and open manholes in Mumbai and its surroundings, the HC benches issued several orders over the years for road maintenance and covered manholes with protective grills. In September 2022, after seeking a repair roadmap, BMC promised to concretise over 2,000 kilometres of lanes and roads in 2.5 to 3 years. The HC had said the deplorable state of roads reflects gross civic apathy. Last month, the court slammed BMC for its neglect and ordered Rs 6 lakh compensation for pothole-related deaths, Rs 50K-2.5L for injuries, recoverable from erring officials/contractors.

The High Court also initiated a suo motu plea related to unauthorised hawkers or stalls in the city, especially those near railway stations, and ordered measures to take strict actions against the encroachments on footpaths and roads, and had also ordered to make at least 20 congested areas in the city free from illegal hawkers. The HC had said it was “utterly painful and troubling” that “not one street in Mumbai is spared of illegal hawkers” despite several orders and assurances by BMC and its authorities. The HC had also sought steps for de-concretising thousands of trees in public places.

Raising concerns over the deteriorating air quality in the city, the Bombay HC in October 2023 had initiated a suo motu PIL and issued directions on the time limit for bursting firecrackers, covering of vehicles used for construction works, mitigation measures at construction sites, big infrastructure project sites, and traffic management, among others. Last month, the High Court pulled up BMC and its Commissioner for “turning a blind eye” towards the worsening air quality levels and said something “drastic” was required to be done, and nothing much appeared to have been done by authorities since 2023.

The Bombay High Court passed several diktats to BMC and other bodies to take immediate and strict action, including FIRs for erecting illegal hoardings and banners in the city, and had expressed that non-registration of sufficient FIRs was an “alarming situation. It had even pulled up BMC and the police for permitting such hoardings to come up after the state Assembly elections at several places, including the Fort area in South Mumbai, where the court premises are situated.

Kanjurmarg dumping ground set up on a saltpan land using debris has posed environmental issues after leachate from the garbage seeped into the surrounding mangroves and polluted the Thane Creek. As the foul odour emanating from the dumping ground became unbearable for the public, the Bombay High Court had warned the authorities not to play with the lives of citizens, and sought immediate and stringent short-term measures to deal with the municipal solid waste disposal.

The court had observed that the “right to breathe fresh air” was part of the fundamental right under Article 21 of the Constitution. It had earlier directed BMC to plan and reduce the quantity of solid waste generated in the city, which was being dumped at the Deonar ground. However, later it pulled up civic body for taking little effort to address the crisis.

In August 2023, the HC reprimanded BMC for ‘part’ Occupancy Certificate (OC) for the Ghatkopar project without proper water connection and termed the state of affairs to be “symptomatic” of Mumbai’s realty. The BMC mandated water certificates thereafter. However, the High Court pulled up the civic body repeatedly for illegalities in unapproved buildings without OCs or fire NOCs. The HC also slammed BMC for the proliferation of illegal constructions leading to collapses and also said “citizens cannot languish in filthy and unhygienic slums” with ‘animal existence”.

It demanded that municipal officers be made accountable and maintain extraordinary vigil along with penal actions against officers who flout norms. The court also passed orders on fire safety regulations for eateries, other establishments, along with residential and commercial buildings.

The High Court had observed that “human health” was “paramount” and that the rights of humans and animals should be balanced, and refused to pass an interim order to allow feeding of pigeons at ‘Kabootarkhanas’ or pigeon feeding areas in the city.

The HC also formed a panel to assess the correctness of the BMC’s decision to close ‘kabootarkhanas’ in the city and to ascertain the impact on larger public health. The BMC had later designated four areas in Mumbai to allow controlled feeding of pigeons.

The court also pulled up BMC for “callousness” in providing sufficient burial grounds or places for cremation in the city and emphasised that “a dead person’s right to last rites was as important as other rights when alive”.