Daijiworld Media Network - Mumbai

Mumbai, Dec 23: The Bombay High Court on Monday strongly came down on civic authorities over the pollution and unbearable odour emanating from the Kanjurmarg dumping ground, stressing that the right to breathe clean air is a fundamental right and describing the situation as an “emergency”.

A division bench of Justice G S Kulkarni and Justice Aarti Sathe made the observations while hearing a batch of petitions challenging the environmental clearance granted for dumping activities at the Kanjurmarg site. The court noted that fresh air is an immediate necessity as pollution has made breathing increasingly difficult for residents.

Petitioners drew the court’s attention to the persistent stench and toxic fumes from the dumping ground, alleging that people living in nearby areas are suffering from respiratory problems, skin ailments and other health issues.

Government pleader Jyoti Chavan submitted that a state-appointed committee, constituted pursuant to earlier High Court directions, visited the site on Sunday and found that the odour problem was real. She informed the bench that certain short-term remedial measures could be taken forthwith and that expert inputs were being sought from IIT Bombay and IIT Delhi to address the issue.

The court, however, expressed dissatisfaction with the civic body’s approach, remarking that the municipal corporation appeared to be acting as a “silent spectator”. It observed that citizens should not be forced to knock on the doors of the judiciary for resolution of basic environmental and civic concerns.

The bench suggested immediate measures such as covering waste with tarpaulins and sheets, enforcing strict segregation of wet and dry waste, and ensuring that the unloading process does not allow emissions to spread into surrounding residential areas.

Referring to waste management practices in other cities, the court remarked that such strict implementation was lacking in Mumbai. The matter has been posted for further hearing on December 24.