In a strong rebuke to civic authorities, the Bombay High Court has mandated immediate action to address the severe environmental and public health crisis emanating from the Kanjurmarg municipal solid waste dumping site. The court has ordered the formation of a high-powered monitoring committee and directed the implementation of stringent short-term measures within one week to control the noxious odour plaguing residents.
Court Slams 'Lip-Service', Demands Urgent Measures
A division bench comprising Justices Girish S. Kulkarni and Aarti A. Sathe was hearing a Public Interest Litigation (PIL) filed by the NGO Vanashakti and other petitions challenging the environmental clearances for the site and raising alarms over waste management practices. The bench expressed deep frustration with the pace of redressal.
The court sharply criticized the presented action plan as "lip-service" from the contractor, with Justice Kulkarni remarking, "You’re playing with lives of people like this... Today, our entire endeavour is to ensure everyone breathes fresh air." The judges emphasized that the suffering of citizens, which has persisted for years, must end immediately.
Key Directives and Committee Formation
The court's order, passed on December 24, 2025, came after the state government, through Additional Government Pleader Jyoti Chavan, submitted an affidavit detailing short-term measures. These measures were suggested by a high-level committee led by the chief secretary and included:
- Improving soil covering on inactive landfill cells.
- Enhancing the frequency and coverage of bio-enzyme sprays.
- Deploying additional misting cannons with fine droplet size.
- Strengthening the complaint redressal mechanism with mobile odour monitoring units.
However, the High Court went further. It directed the state to constitute a monitoring committee, similar to the one overseeing the Deonar dumping ground, with experts from institutions like IIT Bombay. This committee must visit the Kanjurmarg site and ensure appropriate measures are implemented within seven days.
Upholding Ecological Norms and the 'Polluter Pays' Principle
The bench firmly reiterated the primacy of environmental law. It agreed with the petitioners that the "first and foremost consideration" for municipal and state authorities must be strict adherence to ecological norms when creating waste disposal facilities.
The court order stated that such activities cannot be permitted to create a nuisance that makes life miserable for citizens or causes hazardous pollution affecting everyone from children to the elderly. Significantly, the court invoked the "polluter pays" principle, directing the monitoring committee to take stringent steps, including holding the contractor liable for even minor lapses.
"We are yet to come across a situation... why no action applying the polluter pays principle has not been initiated," the HC noted, questioning the lack of accountability for breaches of such magnitude.
During the hearing, Advocate Saket Mone for the Maharashtra Pollution Control Board (MPCB) informed the court that a grievance redressal mechanism using mobile numbers and email IDs had been established, with details to be posted on the municipal corporation's website.
The Bombay High Court has scheduled the next hearing in the matter for January 6, 2026, expecting a report on the actions taken. The order underscores the judiciary's proactive role in enforcing environmental accountability and protecting citizens' fundamental right to a healthy life.
