Bombay High Court Directs BMC to Address Senior Citizen's Pollution Grievance
The Bombay High Court has issued a directive to the Brihanmumbai Municipal Corporation (BMC), instructing it to carefully consider the representation of a 63-year-old senior citizen who is suffering from severe health issues due to pollution from a nearby pizza kitchen in Chembur. The petitioner, residing on the first floor, has reported sleepless nights, stress, and respiratory problems caused by smoke, strong odors, and continuous noise emanating from the kitchen.
Health Concerns and BMC's Inaction
The court was informed that the BMC had conducted an inspection based on the senior citizen's complaint but had taken no further action to address the grievances. Highlighting the urgency of the matter, the HC emphasized that the petitioner's health-related concerns, particularly as a senior citizen, require meticulous examination. The bench noted that the BMC holds the authority to issue licenses, supervise business operations, and ensure compliance with clean, healthy, hygienic, and pollution-free conditions for Mumbai residents.
Legal Proceedings and Future Steps
During the hearing, the petitioner was represented by counsel Ajeet Manwani, while the BMC was represented by lawyer S V Tondwalkar. The HC disposed of the petition by directing the petitioner to submit a comprehensive representation to the BMC. The corporation must then consider this representation promptly and propose necessary actions. Importantly, the court clarified that if any adverse action is proposed against the pizza kitchen, which is operated by a private limited company engaged in cooking, baking, and supplying pizzas and other food items, the company must be given an opportunity to be heard.
The HC refrained from issuing a notice to the company at this stage, focusing instead on ensuring the BMC addresses the complaint effectively. This decision underscores the court's commitment to balancing public health concerns with fair procedural rights for businesses.
