The Bombay High Court has expressed serious concern over the Municipal Corporation of Greater Mumbai’s failure to implement a State Government policy providing ownership-based housing to its sanitation workers. The Court noted that the policy was framed in 2008, but the benefit had still not been implemented after nearly 18 years.
A Division Bench of Justice G. S. Kulkarni and Justice Dr. Neela Gokhale was hearing connected petitions concerning the implementation of the housing policy for sanitation workers.
Background of the Case
The Maharashtra Government had formulated a policy through its Government Resolution dated October 22, 2008, under which sanitary workers employed by the Municipal Corporation were to be provided accommodation on an ownership basis.
During earlier proceedings, the Court had directed the BMC to place details of its available lands and other resources on record to determine whether the policy could be implemented using municipal land.
An earlier affidavit disclosed that BMC had approximately 4,176 leasehold properties, around 3,505 tenanted properties, and about 8,000 existing public amenities. The Municipal Commissioner had also stated that steps would be taken to identify municipal lands that could form part of a land pool for implementing the 2008 policy.
Court’s Observation
The Bench was not satisfied with the fresh affidavit filed by the Municipal Commissioner on August 31, 2026. It observed that the affidavit did not comply with the Court’s earlier directions issued on August 10.
The Court said:
"We are of the clear opinion that the law would not permit the Municipal Corporation to discriminate against the sanitary workers, bearing in mind the constitutional principles of safeguarding their interests in every possible manner."
The Bench also said that it was concerned by the fact that sanitation workers had been seeking the benefit of the 2008 policy for almost 18 years.
The Court further observed that it was not prepared to accept a vague account of municipal land and directed that specific information regarding the properties, including their present occupancy, be brought on record.
At the same time, the Bench specifically stated that it was refraining from drawing any inference that municipal officials had intentionally suppressed information about the lands.
Decision
The Bombay High Court directed the Municipal Commissioner to reconsider the contents of the August 31 affidavit and file an appropriate fresh affidavit containing the required details of municipal lands.
The proceedings were adjourned to September 9, 2026, with the matter directed to be listed first on the Board.
The case was recorded as “Part Heard.”
