The Bombay High Court on Monday came down heavily on the Brihanmumbai Municipal Corporation (BMC) for failing to provide basic sanitation facilities in one of Mumbai’s largest slum pockets at Govandi. Calling the situation a breach of fundamental rights, the court directed the civic body to urgently repair existing toilets and build new ones within a fixed timeline.
The matter was heard by a division bench of the Bombay High Court, comprising Justices G.S. Kulkarni and Aarti Sathe.
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Background of the Case
The petition was filed by Chetan Samajik Pratishthan and another petitioner, highlighting the dire sanitary conditions at Buddha Nagar, Govandi - a vast slum spread across municipal land measuring nearly 1.83 lakh square metres.
According to the petitioners, over 4,000 residents live in the area, but only 60 toilet seats exist. Many of these, built under the Slum Sanitation Programme in 2019, are now in a dangerously dilapidated condition. Photographs placed before the court showed broken doors, unusable seats, and filthy surroundings.
The petition also pointed out that only a small portion of the land is covered under an active slum rehabilitation scheme, while the rest of the area remains untouched - and neglected.
What the Court Observed
After hearing all sides, the bench made it clear that the grievance was genuine and serious.
“The municipal corporation cannot shut its eyes to basic human needs merely because the area is a slum,” the court observed, adding that sanitation is not a luxury but a constitutional obligation.
The judges noted that providing just 60 toilet seats for a population exceeding 4,000 was “totally insufficient by any standard.” They also criticised the BMC for allowing the toilets it had built to fall into disrepair over time.
The court reminded the civic authorities that even in slum areas - especially those located on municipal land - the BMC remains bound by its duties under the Mumbai Municipal Corporation Act.
Sanitation Linked to Right to Life
In strong words, the bench linked the issue directly to fundamental rights.
“Inadequate sanitation facilities strike at the core of Article 21 of the Constitution,” the court said, underlining that the right to life includes the right to live with dignity, hygiene, and basic health protections.
The judges also referred to recent Supreme Court rulings recognising access to toilets and clean sanitation as a human right essential for health, privacy, and dignity.
Clear Directions to the BMC
The High Court issued time-bound directions to ensure immediate action on the ground:
- The BMC must identify open spaces in the Govandi slum area and construct additional toilet blocks in proportion to the population.
- This construction must be completed within two months.
- Existing toilet blocks must be repaired immediately and maintained on a daily basis.
- The Assistant Municipal Commissioner concerned must personally supervise cleanliness and upkeep, keeping proper records.
The court also made it clear that if any toilets are demolished due to redevelopment work, alternate facilities must be provided within 15 days.
Court’s Final Decision
With these directions, the High Court disposed of the writ petition and the pending interim application, making it clear that failure to comply would amount to a violation of Articles 14 and 21 of the Constitution. No costs were imposed.
Case Title: Chetan Samajik Pratishthan & Anr. vs Municipal Corporation of Greater Mumbai & Ors.
Case No.: Writ Petition No. 4225 of 2024
Decision Date: 3 February 2026
