On Monday, the Bombay High Court expressed serious concern over the pollution and persistent stench emanating from the Kanjurmarg dumping ground, holding that the right to breathe clean air forms part of the fundamental right to life. While examining challenges to the environmental clearance granted for dumping activities at the site, the Court remarked that “fresh air is the need of the hour,” noting that pollution levels had made even basic breathing difficult for residents living in the vicinity.
The observations came during the hearing of a batch of petitions questioning the environmental clearance permitting the use of the Kanjurmarg site for dumping waste in Mumbai. Residents living around the dumping ground approached the High Court alleging continuous foul odour, emission of fumes, and growing health issues, including respiratory and skin ailments. The petitions highlighted that the conditions at the site had deteriorated to the extent that daily life in the surrounding neighbourhoods had become increasingly unlivable.
Pursuant to earlier directions of the Court, a state-appointed committee visited the Kanjurmarg dumping ground on Sunday to assess the situation on the ground.
The Petitioners submitted that the persistent stench and pollution from the dumping site posed a direct threat to public health and violated their right to live in a clean and healthy environment. They contended that despite repeated complaints, effective remedial action had not been taken, forcing residents to seek judicial intervention for what they described as a basic civic necessity.
On behalf of the State, Government Pleader Jyoti Chavan informed the Court that the committee constituted under High Court directions had found the odour at the site to be a genuine problem. It was submitted that certain short-term measures could be implemented immediately, and that technical institutions such as IIT Bombay and IIT Delhi were being consulted to develop mitigation strategies to address the issue.
The Division Bench of Justice G.S. Kulkarni and Justice Aarti Sathe was unconvinced by the assurances placed before it, remarking that the corporation was a silent spectator in the face of an escalating public health concern. Emphasising the gravity of the issue, the Court observed that the right to breathe clean air was a fundamental right and described the prevailing conditions as an emergency.
The Bench noted, “Fresh air is the need of the hour. Breathing itself has become difficult because of pollution,” and questioned why citizens were being compelled to approach courts for resolution of such basic issues. Drawing comparisons with waste management practices in other cities, the Court remarked, “We don’t find strict implementation here in Mumbai.”
The Court also suggested immediate remedial steps, including covering waste with tarpaulins and sheets, enforcing strict segregation of wet and dry waste, and ensuring that unloading activities do not allow emissions to spread into the surrounding environment.
The Court directed the authorities to urgently work out concrete solutions to tackle the odour and pollution at the Kanjurmarg dumping ground and listed the matter for further hearing on December 24, keeping the issue under close judicial scrutiny.
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