The Bombay High Court has directed the Municipal Commissioner of the Brihanmumbai Municipal Corporation (BMC) to fix accountability of Ward Officers and subordinate officials over the dumping of garbage and litter on public streets and pavements.
A Division Bench comprising Justice G. S. Kulkarni and Justice Dr. Neela Gokhale passed the directions on September 10, 2026, while hearing Writ Petition No. 790 of 2018.
The Bench considered photographs placed before it showing garbage, waste and litter dumped across different wards. The Court noted that earlier assurances regarding CCTV cameras and vigilance had not translated into effective action at the ground level.
The Court observed:
"Despite repeated assurances to the Court, it appears that the municipal machinery is totally inactive when it comes to clearing the public streets, pavements etc. of litter and unauthorised dumping of garbage."
The Bench directed the Municipal Commissioner to fix responsibility among Ward Officers and officials working under them who were responsible for preventing dumping and clearing litter from public areas.
The Court further directed the Municipal Commissioner to place an affidavit on record identifying the Ward Officers and subordinate officials responsible for maintaining health and hygiene on public roads, streets, lanes and pavements.
The Bench also directed the municipal authorities to consider activating prosecution mechanisms against persons involved in illegal dumping under the Bharatiya Nyaya Sanhita, relevant provisions of the MMC Act and environmental laws.
Referring to measures followed in Singapore, the Court noted that stricter legal mechanisms could help address the problem of littering and dumping on public streets and open spaces.
The Court stated:
"There is no such right in any person to damage and destroy public places. In our clear opinion, it is an offence required to be dealt with iron hands."
The Bench also directed the State Government to consider notifying a uniform policy concerning garbage dumping and littering for implementation by municipal corporations.
The Court then considered a complaint concerning foul odour allegedly emanating from the Kanjurmarg dumping ground. The complaint mechanism maintained by the concerned authority was examined by the Bench, which found that the existing process made it difficult to register urgent complaints.
The Court directed the concerned respondent to accept grievances through email and ensure that complaints were actually addressed.
The Bench observed:
"An effective complaint mechanism would not only register the complaint as made by any permissible modes but also, address the complaint and ensure that immediate corrective measures are taken at the dumping site, with the complainant being informed as to what had gone wrong and the remedial measures taken."
The Court further directed that corrective measures concerning the odour be taken and reported to the MCGM and Maharashtra Pollution Control Board every week.
The Bench examined the Solid Waste Management Rules, 2026 and noted the responsibilities imposed on waste generators, local bodies and other authorities. The Court particularly focused on segregation of waste at source and directed the MCGM to implement the segregation norms.
The Court said:
"In our opinion, the segregation norms are required to be implemented forthwith by the MCGM by issuing appropriate norms for such segregation at every possible source, may it be commercial establishments, or residential colonies/societies or individual houses."
The Court also directed the municipal corporation to consider appointing a Group Task Force and ward-wise mechanism for strict implementation of the Solid Waste Management Rules, 2026. It said the Task Force should include citizen representatives and experts.
The Court directed the Maharashtra Pollution Control Board to maintain close monitoring of complaints concerning odour from the Kanjurmarg dumping site.
It also directed that a mechanism be made available to the public for registering complaints regarding odour and other pollution-related issues so that the MPCB, as well as the concerned municipal authorities, could take timely action.
The Bombay High Court adjourned the proceedings to October 7, 2026, directing the Municipal Corporation and other authorities to place the required compliance on record.
