Bombay High Court’s Observations on Mumbai’s Waterlogging
The Bombay High Court, in an oral observation on Tuesday, highlighted that the recurring issue of waterlogging in Mumbai during monsoons is not solely due to the failures of civic authorities but is also significantly contributed to by the actions of the citizens themselves. The Court pointed out issues such as rampant land grabbing, blocked drains, and illegal encroachments on footpaths as key factors exacerbating the city’s flooding problems.
A Division Bench, consisting of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, made these remarks while addressing petitions concerning the failure to clear encroachments for a proposed road widening in a Mumbai suburb.
Citizens’ Role in Urban Flooding
During the proceedings, Acting Chief Justice Ghuge expressed concern over the tendency of citizens to blame the Brihanmumbai Municipal Corporation (BMC) alone for the city’s waterlogging issues. “One small spell of rain blocks the roads in Mumbai. It’s our own creation. We should stop blaming the corporation,” he remarked.
The Court emphasized that the habitual occupation of public lands by citizens, followed by the blame on civic authorities for resultant flooding, is a significant issue. The Bench noted, “We are good at grabbing lands. We have an uncanny knack of grabbing land. We put all the dirt and material inside that. We blocked the gutters. Then we had pavement blocks. Then pavement blocks were inaugurated by people’s representatives. Then they became parking lots.”
Impact of Encroachments on Civic Infrastructure
Further elaborating on the encroachments, the Court pointed out how vital urban infrastructure, like drainage lines and footpaths, has been compromised. Drains have been blocked, and footpaths transformed into parking spaces or occupied by street vendors, thereby complicating the situation. “Corporation gave us drainage lines. We freed up the drainage lines. We put pavement blocks. We started parking our cars on that. Corporation gave us footpaths. We started having pav bhaji, pav masala, sabudana vada and everything. Stalls on that,” noted the Court.
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Justice Ghuge highlighted that the area behind the High Court building itself has footpaths taken over by xerox shops, tea stalls, and other vendors. “What will the corporation do? Our habit is to rob our own motherland,” he added.
Legal Protection and Encroachments
The Court also criticized those who seek legal protection after encroaching on public land. “When the corporation comes for demolition, you say give me seven days notice. Then suddenly the law books are opened. Then you start reading the law. When you grab the land, nobody reads the law,” he said.
The Bench asserted that unless the pervasive culture of illegal encroachments is addressed, Mumbai will continue to experience monsoon flooding. “So that is how things are in Mumbai. We are destined to see rainwater on the road,” observed Acting Chief Justice Ghuge.
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Next Steps and Court’s Directive
These observations followed the submission by the BMC, which informed the Court of their efforts to clear encroachments for the existing 30-foot-wide road, including the removal of nearly 192 trees. However, the BMC highlighted that the additional land required to expand the road to 50 feet belongs to the Bhabha Atomic Research Centre (BARC), under the Department of Atomic Energy (DAE).
The Court directed that the DAE should decide if it is willing to provide the necessary land for the road widening. The matter is scheduled for further hearing in the final week of July.
