“Breathing clean air is a fundamental right…” Bombay HC reprimands BMC over Kanjurmarg dumping ground issue

Mumbai: The Bombay High Court on Monday strongly reprimanded the Brihanmumbai Municipal Corporation over the issue of foul smell emanating from the Kanjurmarg dumping ground, stating that breathing clean and healthy air is a fundamental right of the people. The court also directed the creation of a green buffer zone around the site.

A division bench of Justices G.S. Kulkarni and Aarti Sathe was hearing several petitions, including a public interest litigation filed by environmental activist Dayanand Stallion and the NGO Vanashakti. The petition stated that due to a lack of planning by the concerned authorities, the foul smell emanating from the Kanjurmarg dumping ground is causing significant inconvenience to residents of the surrounding areas.

6,500 metric tons of waste is being dumped every day
The petition stated that approximately 6,500 metric tons of solid waste is collected daily in the Mumbai Municipal Corporation area, of which 90 percent is dumped at the Kanjurmarg landfill. Of the four landfills within the Mumbai Municipal Corporation limits, the Gorai landfill in Borivali has been closed since 2017, and the Mulund landfill is in the process of being closed. Therefore, all of Mumbai’s solid waste is being brought to the Deonar and Kanjurmarg landfills in the eastern suburbs. The land at the Deonar landfill has also been given up for the Dharavi project, so if it also has to be closed soon, the BMC has no alternative site available.

Immediately find short-term solutions
On Monday, the bench directed officials to immediately suggest and implement short-term measures to reduce the odor pollution emanating from the Kanjurmarg dumping site.

Consultation being sought from IIT Delhi-Bombay
During the court hearing, government lawyer Jyoti Chavan informed the court that a state-appointed committee visited the site on Sunday, following court orders, and identified the foul smell as a problem. Experts from IIT Bombay and IIT Delhi are being consulted to address the issue. The court directed the contractor to inform citizens about the grievance redressal mechanism and suggested creating a ‘green buffer zone’ around the site.

The hearing will now be held on December 24th.
The bench suggested some measures and stressed the need for accountability and sensitivity from those managing the site. The bench said, “We want a healthy population in Bombay. We cannot compromise on Article 21 (right to life).” Directing officials to take immediate action, the court ordered the filing of an affidavit detailing immediate, short-term measures to control the foul smell and prevent harm to the public. The petition will now be heard again on December 24th.