The Bombay High Court called the pollution from Mumbai’s Kanjurmarg dumping ground an emergency and said the right to breathe clean air is a fundamental right. The Court criticised civic authorities for inaction and asked them to urgently find solutions to control odour and pollution.
Mumbai: The Bombay High Court on Monday made strong observations on the worsening pollution and foul smell coming from the Kanjurmarg dumping ground in Mumbai and said that the right to breathe clean air is a fundamental right guaranteed to citizens.
The Court said the present situation has reached an emergency level and immediate steps are required to protect the health of residents living near the dumping site.
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A Bench of Justices G S Kulkarni and Aarti Sathe expressed serious concern over the conditions at the Kanjurmarg dumping ground while hearing a group of petitions challenging the environmental clearance given for dumping activities at the site.
The petitions highlighted continuous stench, harmful fumes, and growing health problems among residents, including breathing difficulties and skin diseases.
During the hearing, the Court underlined the urgency of the situation and said,
“Fresh air is the need of the hour. Breathing itself has become difficult because of pollution,”
stressing that clean air is not a luxury but a basic constitutional right.
The petitioners informed the Court that people living in nearby areas have been suffering for a long time due to the unbearable odour and pollution caused by unscientific waste dumping. Many residents are reportedly facing respiratory issues, skin infections, and other serious health concerns.
Government Pleader Jyoti Chavan told the Court that a committee appointed by the state government, following earlier High Court directions, visited the dumping ground on Sunday. According to the committee’s findings, the odour at the site continues to be a major issue.
Chavan further informed the Bench that short-term corrective measures can be implemented immediately and expert institutions like IIT Bombay and IIT Delhi are being consulted to suggest pollution control and mitigation measures.
However, the High Court was not convinced with the response of the civic authorities and strongly criticised their inaction.
The Court observed that the “corporation was a silent spectator”, and made it clear that citizens should not be forced to repeatedly approach courts for basic issues like clean air and a healthy living environment.
The Bench also suggested several immediate steps that could reduce pollution from the dumping ground.
These include covering waste with tarpaulins and sheets, ensuring strict segregation of wet and dry waste, and managing unloading operations in a manner that prevents harmful emissions from spreading into nearby residential areas.
Referring to better waste management practices followed in other cities, the Court remarked,
“We don’t find strict implementation here in Mumbai.”
The judges emphasised that proper enforcement of existing rules could significantly reduce the suffering of residents.
The Bombay High Court has now posted the matter for further hearing on December 24 and expects concrete action and accountability from the authorities to address the ongoing environmental and public health crisis at the Kanjurmarg dumping ground.
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