“The deterrent can come only when their entitlement to receive a permanent alternate accommodation stands forfeited,” the Bombay High Court has said as it mooted Forfeiture Of Rehab Homes for slum dwellers who litter public roads, and asked the Slum Rehabilitation Authority to take instructions on the step.
Mumbai: Slum dwellers who are caught dumping garbage on public roads and are prosecuted could lose their right to permanent alternate accommodation, the Bombay High Court has suggested while continuing to monitor public health and hygiene across Mumbai’s 24 wards. It has asked the Slum Rehabilitation Authority (SRA) to respond on the proposal [Kannamwar Co-op Hsg Soc Association Ltd. and Others v. Union of India and Others].
The order of October 22, 2026 came from a Division Bench of Justice Girish Kulkarni and Justice Dr. Neela Gokhale in Writ Petition No. 790 of 2018, heard with Interim Applications (L) No. 3527 of 2026 and (L) No. 10152 of 2026. The next hearing is on November 3, 2026.
Encroachment is no licence
On dumping that originates in slums, the Bench said the practice needs to stop and that encroachment is no licence to ignore civic rules. It recorded its view that only the prospect of losing the entitlement would deter offenders.
“It cannot be that an encroachment on public land or private property would be a licence to the slum dwellers.”
“The deterrent can come only when their entitlement to receive a permanent alternate accommodation stands forfeited.”
The Bench pointed to cases in which fines have been paid on more than two occasions, and asked the SRA to consider forfeiture of free or subsidised alternate housing for such repeat offenders. Senior Advocate Dr. Birendra Saraf was asked to consult the SRA’s Chief Executive Officer on measures against slum-origin dumping and to report at the next hearing.
In open court, Justice Kulkarni said that slum dwellers must “mend their ways” and that the Court’s orders cannot remain on paper forever. Those were oral remarks, and no final direction on forfeiture has yet been passed.
Warning to ward officials
Its earlier directions on segregation of domestic waste, ward-wise task forces and involving elected representatives remain unimplemented, the Bench noted. It directed the Assistant Engineers (Solid Waste Management) of each ward to implement the health and hygiene norms meticulously. No contempt action was taken against the K/West ward for now, the Bench recorded, but it warned of action against officials of any ward on future non-compliance.
“would have no alternative, but to take action against the concerned officials from whichever ward”
From a Kanjurmarg petition to a city-wide inquiry
Residents of Kannamwar Nagar, through their association, filed the petition over the Kanjurmarg dumping ground, complaining of foul odour, pollution and health hazards. At a hearing on August 27, 2026, the Bench asked the Brihanmumbai Municipal Corporation (BMC) for a long-term plan for the site and a back-up plan, and then widened the inquiry to garbage hotspots, sanitation in notified slums and citizen participation across the city.
On October 7, 2026 it directed the BMC to file a ward-wise affidavit for all 24 wards on the steps taken to stop dumping on streets, hill slopes and pavements, to place hospital data on contagious diseases, and to have ward officers appear. The matter was listed for October 22.
Affidavits and Kanjurmarg
The Additional Municipal Commissioner must file an affidavit placing on record any ward-wise suggestions from councillors. On Kanjurmarg, BMC officials must act on the Maharashtra Pollution Control Board’s notice of October 21, 2026, which lists about 20 requirements to curb odour and related problems, and Respondent No. 7 must file an affidavit on compliance. The Union’s affidavit disputes that ambient air quality norms were diluted, and the petitioner may make a representation to the Ministry on rule amendments.
Residents in the frame, and the SRA
The Court’s focus moves from the BMC’s machinery to the conduct of residents, and the SRA, which allots rehabilitation tenements, enters a hygiene case for the first time. Any forfeiture of an entitlement would turn on the SRA’s response and on the legal basis for such a step, which the Bench has yet to examine.
Officials, too, are on notice that accountability will be ward-specific, and that unimplemented directions will be followed by action rather than fresh reminders.
Case Title: Kannamwar Co-op Hsg Soc Association Ltd. and Others v. Union of India and Others [Writ Petition No. 790 of 2018]
Bench: Justice Girish Kulkarni and Justice Dr. Neela Gokhale, Bombay High Court
Date of Order: October 22, 2026
Appearances: Abhijeet P. Rane for the petitioners; ASG Anil C. Singh for the Union of India; Addl. G.P. Jyoti Chavan for the State; Senior Advocate Anil Sakhare for the BMC; Jaya Bagwe for MCZMA and MPCB; Radha H. Bhandari for the Airports Authority of India