With crucial elections for the Brihanmumbai Municipal Corporation (BMC) scheduled for January 15, the Bombay High Court has delivered a series of sharp rebukes to the civic administration, highlighting its failure to address fundamental issues affecting the city's residents. The court has repeatedly observed that the BMC, one of the country's wealthiest municipal bodies, has shown insufficient effort in complying with judicial directives on a range of critical problems.
Court Orders Compensation for Pothole Deaths and Injuries
In a significant move last month, the High Court slammed the BMC for its neglect of road safety and ordered substantial compensation for victims. The court mandated Rs 6 lakh compensation for deaths caused by potholes and between Rs 50,000 to Rs 2.5 lakh for injuries. Critically, this amount is to be recovered from the erring officials or contractors responsible for road maintenance.
Hearing a suo motu Public Interest Litigation on potholes and open manholes, the court benches have issued multiple orders over the years. The judges described the deplorable state of roads as reflecting "gross civic apathy." In September 2022, following court pressure, the BMC submitted a roadmap promising to concretise over 2,000 kilometres of lanes and roads within 2.5 to 3 years.
Multiple Civic Failures Under Judicial Scrutiny
The court's criticism extends far beyond just bad roads. It has initiated actions on several fronts core to urban livability:
Illegal Hawkers and Encroachments: The High Court expressed dismay that "not one street in Mumbai is spared of illegal hawkers" despite numerous orders. It directed the BMC to take strict action against footpath encroachments and to clear at least 20 congested areas of illegal stalls.
Air Pollution Crisis: In October 2023, concerned by deteriorating air quality, the court initiated a suo motu PIL. It issued directions on firecracker time limits, covering construction vehicles, and mitigation at project sites. Last month, the court pulled up the BMC Commissioner for "turning a blind eye" to the worsening air, stating that drastic action was needed and little had been done since 2023.
Solid Waste Management: The Kanjurmarg dumping ground, built on saltpan land, has caused environmental damage as leachate polluted mangroves and Thane Creek. With foul odours affecting the public, the court warned authorities not to play with citizens' lives and emphasized that the "right to breathe fresh air" is a fundamental right. It criticized the BMC for minimal effort in reducing waste dumped at Deonar.
Illegal Constructions and Administrative Apathy
The judiciary has also targeted the BMC's handling of building permissions and illegal constructions. In August 2023, it reprimanded the civic body for granting a 'part' Occupancy Certificate for a Ghatkopar project without a proper water connection, calling it symptomatic of Mumbai's realty issues.
The court has slammed the BMC for the proliferation of illegal buildings lacking OCs or fire NOCs, leading to collapses. It demanded that municipal officers be held accountable and maintain extraordinary vigil, with penal actions against those flouting norms.
Other issues where the court found the BMC lacking include the menace of illegal hoardings, insufficient burial and cremation grounds, and public health concerns related to pigeon feeding. On the latter, the BMC later designated four areas for controlled feeding after the court formed a panel to assess the impact on public health.
As Mumbai prepares to elect its civic representatives after over three years of administrator rule, the Bombay High Court's observations paint a stark picture of administrative inefficiency on issues that directly impact the daily life, safety, and health of millions of residents.
