The Bombay High Court has expressed significant surprise and concern over the failure of a specially appointed committee to address air pollution complaints from residents living near the Kanjurmarg dumping ground. The court has now directed an urgent hearing on December 2 to resolve the mounting environmental grievances.
Committee's Inaction Surprises Judiciary
On November 26, a division bench comprising Justices Girish Kulkarni and Aarti Sathe revealed their astonishment that the committee established in July has not resolved any of the pollution complaints from affected residents. The court mandated that the committee must operate under the guidance of the deputy chief minister and take appropriate decisions on the raised concerns.
The judicial bench kept all contentions from residents, the Brihanmumbai Municipal Corporation (BMC), and the Maharashtra Pollution Control Board (MPCB) open for further consideration, indicating the complexity of the environmental issue.
Historical Context of the Environmental Battle
The High Court originally constituted the committee on July 8 after recognizing the serious prejudice caused to citizens residing near the Kanjurmarg dumping ground. The court had earlier identified the issue raised by NGO Vanshakti and petitioner Mangesh Sangle through public interest litigation (PIL) as being of seminal importance affecting basic human rights.
Representing Kannamwar Cooperative Housing Society Association Ltd, counsel Abhijeet Rane brought before the court the concerning fact that despite the formation of a state administration committee including the urban development minister, secretary-level officers, the deputy chief minister, BMC commissioner, and district collector, no meetings had been conducted to address the pressing environmental concerns.
Broader Environmental Implications
In a significant June order, the High Court emphasized that state and municipal authorities, including adjoining municipal corporations in the Mumbai Metropolitan Region, need to seriously consider the consequences of locating dumping grounds within city areas, particularly when surrounded by substantial human habitation.
The court stressed the vital need for a robust mechanism to identify appropriate areas with modern amenities that would protect ecology and maintain a pollution-free atmosphere. During July proceedings, the HC reiterated the importance of proper mechanisms for allocating dumping ground areas and requested the committee to provide a blueprint of robust steps to resolve the woes of affected communities.
The court suggested that BMC and other civic bodies from the MMR area should participate in deliberations with the panel, which should also involve the Ministry of Environment and Forest, Government of Maharashtra, to address ecological and environmental concerns comprehensively.
Urgent Timeline and Previous Judicial Actions
This week, the High Court reiterated that these environmental issues require consideration on an urgent basis and scheduled the next hearing for December 11, when a compliance report is expected. The court's involvement in the Kanjurmarg dumping ground matter has historical significance.
In a landmark May 2, 2025 order concerning a 2013 PIL by Vanshakti, the High Court declared approximately 120 hectares of the Kanjurmarg dumping ground as protected forest and sought its restoration as forest land. However, the Supreme Court stayed this High Court order in August following a challenge raised by the state government.
The ongoing legal battle highlights the tension between urban development requirements and environmental protection, with the Bombay High Court consistently emphasizing the fundamental rights of citizens to live in a pollution-free environment.
