Mumbai: Bombay High Court has asked the state govt to frame a policy in respect of dumping of garbage in Mumbai’s slum areas so that appropriate measures can be implemented to enforce civic discipline.
HC was hearing Kannamwar Housing Association’s 2018 petition regarding pollution from Kanjurmarg dumping ground. On Oct 22 HC mulled over a possible solution to deal with habitual offenders in slum areas who create unhygienic conditions. The judges said a policy is necessary as over 45% of Mumbai’s land is under slums and nearly 30% to 40% of the total garbage is collected from slum areas, including their streets, pavements, etc.
Therefore, they directed the Maharashtra Pollution Control Board to submit daily reports to the HC on odour and emissions till the direction is withdrawn. He said lawyers residing in the area, who were present in court, confirmed the plight of citizens and that emissions are causing serious disturbance to them.
“It cannot be that merely because certain areas in the city are slums, the remaining areas and the people of such areas can suffer at the hands of persons indulging in such public nuisance of dumping garbage at public places, pavements, footpaths, etc,” said Justices Girish Kulkarni and Neela Gokhale in the Nov 3 order. They “expect” the state govt to formulate the policy by appointing a committee presided over by the secretary, urban development department, along with the BMC chief and the SRA CEO as members. “This is, hence, a vital issue which the authorities are required to address by framing a robust policy in this regard,” they added. In these circumstances, drastic measures are required to be taken,” they said.
Further, the policy to be framed may also consider relevant aspects, including forfeiture of benefits under any slum rehabilitation scheme, including free/subsidised accommodation. Mere imposition of fines or registration of offences is not “proving to be sufficient to bring about the requisite civic discipline. Petitioner’s advocate Abhijeet Rane submitted a news report on complaints of headache, nausea and vomiting by affected persons. The judges observed the report’s contents are “quite serious. “If the public at large is being subjected to such adverse effects of pollution and immense hardship, despite repeated orders passed by this court, there appears to be no substantial improvement in the functioning of the dumping facility.