Mumbai Pollution: Bombay High Court Calls Clean Air a Fundamental Right, Slams BMC Over Kanjurmarg Stench

The Bombay High Court on Monday reaffirmed that the right to breathe clean and healthy air is a fundamental right guaranteed under Article 21 of the Constitution. The court came down heavily on the Brihanmumbai Municipal Corporation (BMC) for failing to address the persistent foul odour emanating from the Kanjurmarg dumping ground in Mumbai’s eastern suburbs. Describing the civic body as a “silent spectator,” the court observed that prolonged exposure to such pollution severely affects the health, dignity and quality of life of residents living in the surrounding areas. The judges stressed that civic authorities cannot remain passive when public health is clearly at risk.

The remarks were made by a division bench while hearing a batch of petitions, including a public interest litigation filed by an environmental organisation. The plea highlighted how improper planning and inadequate waste management measures by civic authorities have resulted in continuous odour pollution at Kanjurmarg. Residents living near the dumping ground have reportedly faced daily hardship due to the unbearable stench, leading to health concerns and mental distress. The petition argued that despite repeated complaints, effective steps were not taken to control the situation, forcing citizens to approach the judiciary for relief.

During the hearing, the court was informed that Mumbai generates approximately 6,500 metric tonnes of solid waste every day. Nearly 90 per cent of this waste is currently being dumped at the Kanjurmarg landfill, placing enormous pressure on the site. Of the city’s four landfills, the Gorai dumping ground in Borivali was shut down in 2017, while the Mulund landfill is in the final stages of closure. As a result, municipal waste is presently being transported mainly to the Deonar and Kanjurmarg landfills, intensifying environmental concerns and worsening living conditions in nearby neighbourhoods.

Also Read: Mumbai Traffic: Car Count Crosses 15 Lakh, Density Soars to 753 Per Km; Numbers Double in 13 Years

The bench also took note of the fact that the Deonar landfill has been earmarked as part of the Dharavi redevelopment project. This has raised serious questions about the availability of alternative waste disposal sites if Deonar is closed in the future. The court expressed concern that without proper planning, the shutdown of another landfill could further aggravate the waste crisis in Mumbai. In this context, the judges directed authorities to immediately propose and implement short-term measures to reduce odour pollution at the Kanjurmarg dumping ground and prevent further harm to residents.

The state government informed the court that a committee appointed by it had inspected the Kanjurmarg site and found odour to be a significant issue. It was stated that immediate corrective steps could be taken and that expert institutions were being consulted for scientific solutions. Emphasising accountability, the court said it would not allow any compromise on the right to life. Authorities were directed to file an affidavit detailing short-term measures, ensure proper grievance redressal for citizens, and explore the creation of a green buffer zone around the dumping ground. The matter is scheduled to be heard next on December 24.