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Synopsis

On Wednesday, a division bench of the Bombay High Court, including Chief Justice Devendra K Upadhyaya and Justice Arif Doctor, emphasized the necessity of modernizing Sassoon Docks to effectively address the pollution concerns stemming from fishing activities in Colaba.

The high court was hearing a public interest litigation wherein the petitioner alleged that the roads of Colaba starting from the gates of Sassoon Docks right to the Mumbai Port Trust Garden have been used for fish cleaning & chopping exercises, especially prawns pealing carried out in the open areas and even on roads causing a filthy and unhygienic environment.

The bench was apprised that the ongoing work had halted for various reasons, including a lack of funds from the central government. In response, the bench directed the state government to submit an affidavit outlining the steps to be taken in this regard.

In the previous hearing, the Bombay High Court had asked the State Pollution Control Board, Port Trust of Mumbai, and the Municipal Corporation of Greater Mumbai to convene a joint meeting and devise solutions to address the pollution issue. However, on Wednesday, it was conveyed to the court that a viable solution had not been identified.

Referring to the report from the Maharashtra Pollution Control Board (MPCB) stating that the area was clean, the court highlighted that this cleanliness was primarily due to the absence of fishing activities during the monsoon season. The bench further emphasized that ensuring compliance with solid waste management was a shared responsibility of the State Pollution Control Board, Port Trust of Mumbai, and the Municipal Corporation of Greater Mumbai.

The plea claimed that there is a great amount of public nuisance, and serious health and environmental issues for the neighbourhood residents and the children visiting the nearby school namely the Colaba Municipal School and the Dunne’s Institute, which have reported students vomiting due to the intolerable stench and bad odour, which makes the air unbreathable.

Further, the plea stated that the open trucks transporting the waste have been spilling the liquid on the road.“The open trucks transporting the fish waste spill over the liquid substance from the truck on the road throughout the neighbourhood, which causes intolerable stench and bad odour to permeate the entire neighbourhood,” the plea read.

The plea further stated that throughout the world, odour control legislation has been enacted, however, in India as a result of the absence of a proper legal framework, the statutory authorities have not been taking any steps to adopt any kind of mechanism or controlling policies to ensure the right-to-life guarantee to the citizen under Article 21 of the Constitution of India.

Case Title: Renu Kapoor & Ors vs UOI & Ors.