The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to conduct a comprehensive audit of its land holdings and identify properties that can be used to provide free homes to sanitation workers, while questioning the civic body’s 18-year delay in implementing a Maharashtra government policy introduced in 2008.
A division bench of Justices Girish Kulkarni and Neela Gokhale passed the directions on August 31 while hearing three petitions filed by the Akhil Bharatiya Safai Kamgar and General Union and two sanitation workers.
The court rejected a recent affidavit submitted by the Municipal Commissioner, observing that it was vague and did not adequately comply with earlier directions. The bench said the BMC must reassess its position and provide detailed information about its available properties, their occupancy and their suitability for housing.
“Sanitary workers remain amongst the most exploited, marginalized and vulnerable workforces. They cannot be met with a plight of systemic neglect, when it comes to their entitlement under the avowed Government Policy, to provide a permanent roof over their heads,” the court stated.
HC Questions BMC’s Land Use
The judges expressed concern that large portions of public land had been lost from the municipal pool through encroachments and transfers to private developers, while the civic body had not identified land for housing its essential sanitation workforce.
The bench questioned whether it was “conscionable” for the administration to overlook these employees simply because “they belong to the lowest rung in the hierarchy of employees.”
Earlier submissions indicated that the BMC controls thousands of leasehold properties, tenanted premises and amenity plots. However, the court noted that no land had been allocated for sanitation-worker housing since the state policy came into effect in October 2008.
“The law would not permit the Municipal Corporation to discriminate against the sanitary workers, bearing in mind the constitutional principles of safeguarding their interests in every possible manner,” the bench observed.
Fresh Report Ordered
The High Court warned that failure to provide complete details of municipal land could lead to the formation of an independent committee to inspect and assess BMC-owned properties.
The Municipal Commissioner has been given time until September 9, 2026, to submit a fresh and comprehensive affidavit covering the corporation’s land holdings, current occupancy status and the feasibility of using suitable properties for housing sanitation workers.
The court’s intervention puts renewed focus on the implementation of the 2008 policy and the civic administration’s responsibility to provide permanent housing support to sanitation workers.
Source: The Free Press Journal
