Pravin Gandhi College of Law
ASSIGNMENT: Practical Training II ADR, Assignment- IV- PIL
TOPIC: Public Interest Litigation on a contemporary issue that affects residents of Mumbai,
asking for appropriate relief from the High Court.
NAME: Aayushi Chheda
YEAR: 4th year
ROLL NO: A041
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 1222 OF 2025
DISTRICT: MUMBAI
In the matter of: Violation of the fundamental rights
guaranteed under Articles 14 and 21 of the constitution
of India due to worsening air pollution and improper
solid waste management in Mumbai.
1. Samay Saraf
Aged 21 years )
Having her address at: )
Residing at 303 Navnath Apt, )
D.B Patel Road, Mumbai 401107 )…petitioner
Versus
1. The State of Maharashtra, )
Through its Chief Secretary, )
Mantralaya, Mumbai – 400032. )
2. Brihanmumbai Municipal Corporation (BMC), )
Through the Municipal Commissioner, )
Mahapalika Marg, Fort, Mumbai – 400001. )
3. Maharashtra Pollution Control Board (MPCB), )
Through its Member Secretary, )
Kalpataru Point, Sion, Mumbai – 400022. )…Respondant
TO,
THE HON’BLE CHIEF JUSTICE AND OTHER
PUISNE JUDGES OF THE HON’BLE HIGH
COURT OF THE JUDICATURE AT BOMBAY.
THE HUMBLE PETITION OF THE
PETITIONERS ABOVENAMED.
MOST RESPECTFULLY SHEWETH:
1. Jurisdiction
This Hon’ble Court has jurisdiction under Article 226 of the Constitution of India to issue
appropriate writs, orders, or directions for enforcement of the fundamental rights guaranteed
under Articles 14 and 21 of the Constitution.
2. Relevant Facts
(a) Air Pollution: Mumbai has witnessed consistently deteriorating air quality due to
vehicular emissions, rampant construction, and industrial activities. Despite directions from
the Central Pollution Control Board and state authorities, Air Quality Index (AQI) levels
frequently remain in the “poor” and “very poor” categories, affecting the health of lakhs of
residents.
(b) Solid Waste Mismanagement: The city generates nearly 7,000–8,000 tonnes of waste
daily. The BMC’s failure to enforce segregation at source, unscientific waste disposal at
dumping grounds like Deonar, and lack of waste-to-energy solutions have led to
environmental degradation, foul odour, health hazards, and contamination of groundwater.
(c) Authorities have failed to implement effective preventive and corrective measures despite
repeated complaints, media reports, and judicial observations. The inaction has directly
impacted the health, safety, and dignity of Mumbai’s residents.
3. Rights Infringed
- Article 21: Right to life includes the right to live in a clean, healthy, and pollution-free
environment.
- Article 14: Arbitrary and negligent conduct of authorities violates equality before law and
equal protection of laws.
- Directive Principles (Articles 47 & 48A): State’s duty to improve public health and protect
the environment is not being fulfilled.
4. Issues for Consideration
1. Whether the inaction of the Respondents in controlling and reducing air pollution in
Mumbai violates the fundamental right to life guaranteed under Article 21 of the Constitution
of India?
2. Whether the failure of the Respondents to ensure scientific solid waste management and
disposal constitutes a violation of the residents’ fundamental right to a clean and healthy
environment under Article 21?
5. Grounds
Mumbai continues to face alarming levels of air pollution, which have severe
repercussions on the health and well-being of its residents, especially children, the
elderly, and individuals with pre-existing health conditions. The Air Quality Index
(AQI) regularly crosses unsafe limits, demonstrating a glaring disregard for statutory
norms and Court directions.
The persistent use of outdated and unregulated vehicles, lack of dust mitigation
protocols at construction sites, and insufficient monitoring by the pollution control
authorities have aggravated the city’s air quality problems, amounting to a violation of
the right to life under Article 21 of the Constitution.
The Brihanmumbai Municipal Corporation (BMC) has consistently failed to enforce
segregation of waste at source, resulting in hazardous dumping practices at locations
like Deonar and Mulund. These practices have produced foul odours, attracted disease
vectors, and caused contamination of soil and groundwater, threatening the health and
dignity of lakhs of citizens.
Repeated complaints, media reports, and judicial pronouncements highlighting these
failures have been ignored by authorities, demonstrating arbitrary and negligent
conduct in violation of Article 14 of the Constitution.
The State and its instrumentalities have failed to honour Constitutional obligations
under Articles 47 and 48A, which mandate improving public health and safeguarding
the environment.
Judicial precedents, including M.C. Mehta v. Union of India and Vellore Citizens
Welfare Forum v. Union of India, have unequivocally recognized the right to a clean
and healthy environment as a fundamental right, underscoring the precautionary
principle and the need for sustainable development.
6. Relief Sought
Issue a writ of mandamus directing the Respondents to take comprehensive, time-
bound, and effective measures to reduce air pollution in Mumbai, including but not
limited to the regulation and phasing out of polluting vehicles, strict monitoring of
construction activity, and installation of air quality sensors throughout the city.
Direct the Respondents to implement scientific solid waste management practices,
such as mandatory segregation at source, closure or remediation of unscientific
dumping grounds, and establishment of modern waste-to-energy plants.
Direct the formation of a special monitoring committee under the supervision of this
Hon’ble Court to regularly review, audit, and oversee the implementation of pollution
control and waste management measures, ensuring transparency and accountability.
Direct the Respondents to undertake awareness programs and community initiatives
promoting environmental protection and public health.
Pass any further orders as this Hon’ble Court may deem fit in the interests of justice
and effective enforcement of fundamental rights.
7. Interim Relief
Direct the Respondents to immediately implement emergency protocols to bring AQI
values in Mumbai within safe limits, such as restricting vehicular movement on high-
pollution days and deploying mist cannons at construction sites.
Issue orders to temporarily halt dumping activities at unscientific sites until
compliance with mandated environmental standards is achieved and verified.
Require weekly status reports from the BMC and MPCB regarding the progress of
pollution control and waste management measures, to be submitted before this
Hon’ble Court.
Restrain the authorities from granting new permits for large-scale construction
projects in identified pollution hotspots until air quality improves substantially.
Grant any other interim reliefs necessary for protecting the fundamental rights of
Mumbai’s residents pending final adjudication of the petition
Dated this 12th day of September, 2025.
Trilegal & Associates
Advocates for the Petitioners
Sd/-
Samay Saraf
Petitioner
VERIFICATION
I, Aayushi Chheda, aged 20 years, Indian Inhabitant, residing at 103/312, Swapnalok CHS,
Pantnagar, Ghatkopar (East), Mumbai – 400026, do hereby solemnly affirm and declare that
the contents of paragraph Nos. 1 to 8 are true to my personal knowledge and belief, and that
no material fact has been suppressed.
Solemnly affirmed at Mumbai )
dated this 12th day of September, 2025 )
Before me,
Trilegal & Associates Advocates
for the Petitioners
Sd/- Samay Saraf
Petitioner
