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Slum Dwellers being integral to the larger population of the city would not have any right to breach the fundamental right of others to have clean and hygienic surroundings

This case concerns Kanjurmarg Dumping facilities and grievances raised by the citizens in regard to pollution and odour generated from the said dumping facilities and several issues connected therewith, and the issues of rampant littering of domestic waste on public streets in the city of Mumbai

A Division Bench of the Bombay High Court observed that “standards of health and hygiene to be maintained by taking measures to prevent roads, streets, lanes and pavements being littered needs to be strictly implemented in all the wards, in every possible manner, including with the Police help”.

The advocate for the municipal corporation submitted that slum dwellers who are residents of slum areas, rampantly engage in public nuisance by dumping garbage on the streets, public pavements, etc.

The Bench held –

            “8. We are of the opinion that those who are habitual to indulge in such reckless actions, they now need to exercise absolute restrain in dumping of such garbage on the public streets. In the event there is any prosecution lodged against such persons or there are fines which are being paid on more than two occasions, this needs to be sufficient and appropriate for the Slum Rehabilitation Authority to consider as to whether the right of such slum dwellers to receive a free of cost / subsidized permanent alternate accommodation needs to be forfeited. The slum dwellers being integral to the larger population of the city would not have any right to breach the fundamental right of others to have a clean and hygienic surroundings.”.

The matter is ongoing.

KANNAMWAR CO-OP HSG SOC ASSOCIATION LTD. & ORS. v. UNION OF INDIA & ORS., I.A. (L) NO.3527/2026 IN W.P. NO.790/2018, BOMBAY HIGH COURT – 22 OCTOBER 2026.

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