The Bombay High Court has observed that keeping public spaces clean is a collective constitutional duty and not the sole obligation of municipal authorities [Kannamwar Nagar Co-op. Housing Society v. Union of India & Ors.]

A Bench of Justices GS Kulkarni and Neela Gokhale made the observation while considering a case raising concerns about solid waste pollution in Mumbai.

The Court underlined that citizens must actively aid the Brihanmumbai Municipal Corporation (BMC) to achieve the vision of a garbage-free city.

“We may also emphasize that it is of paramount public importance that large cities like Mumbai in every ward of human activity, may it be residential, commercial, slums, streets, footpaths, roads, open spaces, gardens, sea fronts, beaches etc. are free from filth, trash, garbage etc,” the Court recorded in its order of August 27.

The Court pointed out that citizens have a fundamental duty to protect and improve the environment and to safeguard public property.

"Such obligations of the citizens towards the society can neither be forgotten nor compromised... Maintaining public hygiene is a collective duty of 'we the citizens' by aiding the municipal machinery," it said.

The Bench highlighted that improper waste disposal directly compromises community health and environment quality. It noted that achieving civic goals requires dedicated efforts on a war footing from all sections of society.

“Considering the present scenario and the herculean efforts being taken by the municipal machinery, it is certainly not the sole responsibility and obligation of the municipal corporation to achieve such goals, as the citizens at large, are equal stakeholders in achieving ideals of a clean and hygienic city,” the Court held. 

The Bench added that unmindful garbage disposal creates severe disease hazards across the city.

"The reckless dumping of trash and garbage of all kinds giving a go by to the prescribed machinery for disposal of garbage creates breeding grounds for mosquitoes, rodents and stray animals equally increasing transmission of diseases like dengue, malaria, leptospirosis, cholera etc," the order said. 

The Court pointed out that municipal authorities cannot resolve such sanitation issues unless residents themselves curb their reckless and negligent habits of failing to meet basic civic expectations.

“Residents who feel free to throw waste/garbage and litter on public streets do not indulge in such activities when they visit abroad,” the Court flagged.

The Court went on to observe that a strict approach must be adopted to fix more accountability on residents to tackle such trends.

The remarks came during the hearing of a 2018 petition filed by residents of a residential society. The residents claimed severe environmental pollution, foul odour, hazardous methane emissions, and civic hazards caused by the operation of a dumping ground near their residential area.

Senior Advocate Anil Sakhare, representing BMC, last week submitted a compliance affidavit outlining key steps taken under the BMC's solid waste management bye-laws of 2025. The BMC informed the Court about installing CCTV cameras at ‘garbage vulnerable points’ to prevent illegal dumping.

The civic body has engaged NGOs for slum waste collection, established three-shift waste collection routes, and launched the 'MyBMC Marg' application for citizen complaints, the Court was told.

It has also introduced the 'Mumbai Clean League 2026' initiative to reward clean wards.

Advocate Abhijeet Rane, appearing for the petitioner-society showed photographs of clogged open drains in Vikhroli East containing plastic waste. He also pointed out elevated levels in the air quality monitoring report.

The Court directed ward officers to address clogged drainage complaints immediately. It allowed the BMC time to seek clarifications regarding the air quality parameters.

The Bench also expressed hope that the situation will improve over time, remarking that "it is never too late."

"Once the community has a will to achieve such desired goals, success on this count is not too far. Also as pointed out on behalf of the Municipal Corporation 'Clean Mumbai, Green Mumbai' would not merely be confined to be a paper slogan, but a vision being brought into reality," it added.

The matter will be heard next on September 10, 2026.

Advocate Anil D Yadav appeared for the Union of India.

Additional government pleader Jyoti Chavan appeared for the State.

Sakhare along with advocates Rohan Mirpury, Pushpa Yadav and Komal Punjabi appeared for the BMC

Advocate Jaya Bagwe appeared for the Coastal Zone Authority and Pollution Control Board.

Advocates Saket Mone, Subit Chakraborty, Shrey Shah, Mitali Dhoble briefed by Vidhii Partners, appeared for Anthony Lara Enviro Solutions.

Advocate Radha H Bhandari, briefed by MV Kini & Co., appeared for the Airport Authority of India.

[Read order]