Mumbai: The Bombay High Court has rapped the Brihanmumbai Municipal Corporation (BMC) for its “uncooperative and insensitive” approach toward providing additional toilets in a slum area in Kalina in Santacruz, emphasising that the civic body has a constitutional obligation to address the issue.

A bench of Justices MS Sonak and Kamal Khata, on October 4, directed the BMC to install temporary toilet blocks in the area within 15 days and to construct permanent ones within three months.

The HC passed the direction while hearing a petition filed by residents of a slum in Kalina, who sought adequate toilet facilities for men and women. The petition stated that the area, home to approximately 1,600 people, currently has only ten toilet blocks—six for men and four for women—leading to a severe shortage.

The bench described the situation as “extremely unfortunate,” noting that even the most minimal standards could not justify the inadequacy of the existing ten toilet blocks.

Last year, the BMC had informed the court that it would build additional toilets, but said it was delayed due to a need for a No Objection Certificate (NOC) from the Maharashtra Housing and Area Development Authority (MHADA), which owned part of the land. However, MHADA clarified that it had issued the NOC in 2023 and was ready to assist the BMC.

The court expressed its dissatisfaction with the BMC’s misleading statements, noting that the civic body had falsely claimed it was waiting for MHADA’s clearance. Instead of moving forward, the BMC seemed to be focused on creating obstacles to avoid fulfilling its obligations.

The judges remarked that the BMC’s approach was “most uncooperative and insensitive” and appeared to be a deliberate attempt to evade its statutory and constitutional duties. “The BMC is considered the richest municipal corporation in this country. Therefore, pleading lack of finance is not an option,” HC said.

Criticising the BMC official present in court, the bench noted that he seemed more interested in identifying problems than in finding solutions. His approach, according to the judges, had turned problem-solving into an art form.

In light of the BMC’s non-cooperative stance, the court placed the responsibility directly on the BMC Commissioner to ensure that temporary toilet blocks are installed within 15 days. It also directed that the construction of a new ground-plus-one structure with adequate toilets for both men and women be completed within three months.

The High Court further cautioned the BMC against using common excuses for delays, such as tender processes, administrative codes, or the need for approvals from higher authorities. The matter has been scheduled for a hearing on November 14, by which time the BMC must submit a progress report.