HC orders BMC to pay ₹10K rent to family which refused to move to polluted Mahul

The court emphasised that the BMC, despite being one of the wealthiest municipal bodies in India, cannot neglect its responsibility toward affected residents

MUMBAI: The Bombay high court has recently ordered the Brihanmumbai Municipal Corporation (BMC) to pay ₹10,000 per month towards rent to a project-affected family, which had refused to accept alternate accommodation in Mahul, Chembur East, due to severe air pollution after his house was demolished in 2017.

The court’s order noted the National Green Tribunal’s (NGT) findings on the poor air quality in Mahul and stated that no one should be forced to live in such conditions. (Vijayanand Gupta/HT PHOTO)

A bench of justice MS Sonak and justice Kamal Khata emphasised that the BMC, despite being one of the wealthiest municipal bodies in India, cannot neglect its responsibility toward affected residents.

In November 2017, the petitioner, Mohammed Javed Shaikh, saw his home demolished in connection with the Tansa Pipeline project. Although Shaikh was deemed eligible for Permanent Alternate Accommodation (PAA), he has received neither the accommodation nor compensation.

In 2009, the Bombay high court ordered the civic body to remove all the encroachments near the Tansa pipeline. After a few orders were passed, the state decided to allot tenements at Mahul, Chembur to the civic body for accommodating the occupants of structures.

Senior advocate GS Godbole, representing the BMC, acknowledged that Shaikh was offered accommodation in Mahul which he declined due to documented air pollution issues. “The BMC is in the process of acquiring alternate tenements. However, due to a shortage, it is unclear when these will be available,” Godbole added.

Shaikh’s counsel argued that the petitioner should be compensated with rent, referencing a 2019 judgment that granted similar relief to others in his situation. The court observed, “Even without referring to the 2019 decision, the BMC cannot claim that it cannot offer PAA and will not pay any rent or compensation in lieu of the said PAA. Such a contention, prima facie, involves infringing Articles 14 and 21 of the Constitution of India.”

The court’s order noted the National Green Tribunal’s (NGT) findings on the poor air quality in Mahul and stated that no one should be forced to live in such conditions. Furthermore, the court highlighted BMC’s casual approach in handling Shaikh’s situation, saying, “The BMC, after demolishing the petitioner’s house and adjudging him eligible for permanent alternate accommodation, cannot treat this matter so casually.”

The court directed BMC to begin monthly payments of ₹10,000 to Shaikh by July 12, 2024, with further hearings scheduled for July 29, 2024.