Bombay High Court Slams BMC for Neglecting Public Health

Mumbai, India (October 10, 2024): The Bombay High Court has severely criticized the Brihanmumbai Municipal Corporation (BMC) for its “uncooperative and insensitive” approach towards providing adequate toilet facilities in a slum area in Kalina, Santacruz. The court emphasized the civic body’s constitutional obligation to address the urgent needs of its citizens.

In a significant ruling on October 4, a bench of Justices MS Sonak and Kamal Khata directed the BMC to install temporary toilet blocks within 15 days and construct permanent ones within three months. The court’s decision came in response to a petition filed by residents of the Kalina slum, who highlighted the critical shortage of toilets in the area. The bench described the situation as “extremely unfortunate,” noting that the existing ten toilet blocks, six for men and four for women, were grossly inadequate for a population of approximately 1,600 people.

The court expressed its dismay at the BMC’s misleading statements regarding the delay in constructing additional toilets due to a No Objection Certificate (NOC) from the Maharashtra Housing and Area Development Authority (MHADA). The court lambasted the BMC for its “most uncooperative and insensitive” approach, accusing it of deliberately evading its statutory and constitutional duties. The judges remarked that the civic body’s focus seemed to be on creating obstacles rather than finding solutions.

Considering the BMC’s non-cooperative stance, the court placed the responsibility directly on the BMC Commissioner to ensure the timely installation of temporary toilet blocks and the construction of a new ground-plus-one structure with adequate toilet facilities. The court also cautioned the BMC against using common excuses for delays, such as tender processes, administrative codes, or the need for approvals from higher authorities. The High Court’s ruling is a significant victory for the residents of the Kalina slum, who have been facing immense hardship due to the lack of basic amenities. The court’s decision serves as a reminder to the BMC and other civic bodies of their obligation to provide essential services to their citizens, regardless of their socioeconomic status.