The Bombay High Court has emphasized that maintaining cleanliness in public areas is a shared responsibility, not just a duty of the municipal bodies. This observation was made while addressing a case concerning solid waste pollution in Mumbai, in the matter of Kannamwar Nagar Co-op. Housing Society v. Union of India & Ors. A Bench comprising Justices G.S. Kulkarni and Neela Gokhale highlighted the crucial role of citizens in supporting the Brihanmumbai Municipal Corporation (BMC) in its efforts to keep the city garbage-free.
In its order dated August 27, the Court stressed the importance of keeping all public spaces, including residential, commercial, and recreational areas, free from litter and garbage. The Bench noted, “It is of paramount public importance that large cities like Mumbai in every ward of human activity, may it be residential, commercial, slums, streets, footpaths, roads, open spaces, gardens, sea fronts, beaches etc., are free from filth, trash, garbage etc.”
Justices Kulkarni and Gokhale further elaborated that citizens have a fundamental duty to protect the environment and public property. “Such obligations of the citizens towards society can neither be forgotten nor compromised… Maintaining public hygiene is a collective duty of ‘we the citizens’ by aiding the municipal machinery,” the Court stated.
The Court acknowledged the significant impact improper waste disposal has on public health and environmental quality, underscoring the necessity for community-wide efforts to address these issues. The Bench asserted, “Considering the present scenario and the herculean efforts being taken by the municipal machinery, it is certainly not the sole responsibility and obligation of the municipal corporation to achieve such goals, as the citizens at large, are equal stakeholders in achieving ideals of a clean and hygienic city.”
Furthermore, the Bench warned against the health hazards posed by careless trash disposal, which facilitates the spread of diseases like dengue, malaria, and cholera by attracting pests and rodents. The Court criticized the double standards of residents who litter locally but refrain from such behavior abroad.
This matter was brought to attention through a petition filed in 2018 by residents of a housing society affected by pollution from a nearby dumping ground. Senior Advocate Anil Sakhare, representing the BMC, submitted a compliance affidavit outlining measures taken under the BMC’s 2025 solid waste management bye-laws. Initiatives include installing CCTV cameras at vulnerable spots to deter illegal dumping, engaging NGOs for slum waste management, and introducing the ‘MyBMC Marg’ app for citizen complaints.
The BMC also launched the ‘Mumbai Clean League 2026’ to incentivize clean wards. Advocate Abhijeet Rane, representing the petitioners, presented evidence of clogged drains and poor air quality in Vikhroli East. The Court ordered immediate action to clear these drains and allowed time for further clarification on air quality concerns.
The Court expressed optimism for improvement, stating, “Once the community has a will to achieve such desired goals, success on this count is not too far. Also, as pointed out on behalf of the Municipal Corporation, ‘Clean Mumbai, Green Mumbai’ would not merely be confined to be a paper slogan, but a vision being brought into reality.” The next hearing is scheduled for September 10, 2026.
Advocate Anil D Yadav appeared for the Union of India, while Additional Government Pleader Jyoti Chavan represented the State. BMC was represented by Sakhare along with advocates Rohan Mirpury, Pushpa Yadav, and Komal Punjabi. Advocate Jaya Bagwe appeared for the Coastal Zone Authority and Pollution Control Board, with other legal representatives present for various stakeholders.
