Mumbai Slum Toilets: Bombay HC Pulls Up BMC For Inaction

The Bombay High Court has criticized the Brihanmumbai Municipal Corporation’s “uncooperative and insensitive” approach in addressing the urgent need for additional toilets in a Kalina slum area.

A division bench, comprising Justices M.S. Sonak and Kamal Khata, issued a directive on October 4, mandating the BMC to install temporary toilet blocks within 15 days and to construct permanent facilities within three months.

This order was prompted by a petition from residents of the Santacruz slum, highlighting a severe shortage of toilets in the locality.

Currently, approximately 1,600 people rely on just 10 toilet blocks—six for men and four for women—which the court deemed grossly inadequate.

The BMC had previously informed the court of plans to build more toilets but claimed that a portion of the land belonged to the Maharashtra Housing and Area Development Authority (MHADA), requiring a No Objection Certificate (NOC).

However, MHADA clarified that it had already issued the necessary NOC in 2023 and would assist the BMC.

Expressing frustration with the BMC’s misleading statements regarding the NOC, the court remarked, “After MHADA’s affidavit and the accompanying NOCs, the entire approach of the BMC was to find further hurdles to evade its statutory and constitutional obligations.”

The judges emphasized that the BMC’s conduct was both “uncooperative and insensitive,” particularly given its status as one of the wealthiest municipal corporations in India.

The court also took aim at a BMC officer involved in the case, criticizing his focus on identifying problems rather than solutions. “The BMC official appears to have elevated the habit of discovering problems instead of finding solutions into a veritable art,” the bench noted.

Initially, the BMC had assured the court that temporary toilet blocks could be installed within 45 days, with permanent construction projected to take over six months.

However, due to the officer’s non-cooperative attitude, the court placed the onus on the BMC commissioner to ensure that the temporary facilities are set up within the mandated 15-day timeline.

Additionally, the commissioner was instructed to expedite the necessary survey and construction of new toilet blocks, ensuring completion within three months. The court warned the BMC against citing common excuses for delays, such as tender processes and administrative sanctions.

The matter is scheduled for further hearing on November 14, by which time the BMC must file a progress report on its compliance with the court’s directives.

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