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25 February 2025

BMC Faces Court Scrutiny Over Flag Regulations And Garbage Tax Plans

The Brihanmumbai Municipal Corporation is addressing legal challenges, waste management fees, and flood prevention strategies.

The Brihanmumbai Municipal Corporation (BMC) is currently at the center of multiple civic initiatives and legal discussions, reflecting the challenges faced by one of India's largest urban administrations. Recently, the Bombay High Court demanded clarity on whether residents of private housing societies can display flags, prompting significant legal scrutiny of BMC regulations.

The court's inquiry arose from a petition filed by Capt. Haresh Gaglani, a retired military officer living in Sion. Gaglani initially raised concerns about political flags being put up by neighbors on November 19, 2023. After seeking action through the housing society and then contacting the BMC's assistant municipal commissioner without success, he filed for legal intervention. The Bombay High Court, during its latest hearing on November 21, expressed dissatisfaction with the BMC's inadequate response to previous queries. Justice Revati Mohite Dere remarked, "We are not at all happy with the affidavit. You will act on it (our order) and you will tell us how it's done (complaints are addressed)," emphasizing the need for clarity on handling complaints about illegal flag displays.

The court found the BMC's affidavit focused primarily on advertisements rather than addressing the specific issue of flag regulations, which drew its frustration. It noted the BMC’s failure to explain how grievances about such displays could be processed. Justice Mohite-Dere pointedly remarked, “If somebody violates the law, won't you take action against them? Why should the High Court have to step in?” The BMC has been instructed to submit a revised affidavit outlining how they plan to manage complaints and the permissibility of politically-oriented flags within private societies.

Separately, the BMC is also gearing up to introduce a 'user fee' for solid waste management, colloquially referred to as garbage tax. This proposal is expected to generate ₹687 crore annually solely from residential properties, intended to bolster the city's waste management initiatives. A BMC official noted, "The BMC had sought legal opinion on introducing the user fee. Having received the go-ahead for this, we will begin stakeholder consultations—calling for suggestions and objections—in a few days." This fee is part of broader reforms aimed at improving trash collection and processing, which had not seen significant updates to by-laws for nearly two decades.

The push for this garbage tax coincides with rising amounts of waste; currently, Mumbai generates around 7,500 tonnes of waste daily. The proposed fees would range from ₹100 for small residential units to ₹1,000 for larger properties, with varying rates for commercial establishments. Currently, other Indian cities like Pune and Bengaluru charge for similar services, highlighting Mumbai’s lagging position. Regulatory compliance will also see penalties for common offenses like littering and improper waste disposal, with BMC establishing complaint mechanisms for residents.

On another front, the BMC is addressing Mumbai's perennial problem of waterlogging during monsoons. To combat this, the civic body is planning to purchase mobile dewatering pumps, which are intended to provide timely drainage support during heavy rains. Following significant flooding from heavy rains last year, officials have reported difficulties with existing pumping units, necessitating improvements. Previously, the BMC utilized 481 dewatering pumps as part of its flood management strategy, including 55 areas identified as flood-prone and scheduled for improvement.

BMC claims these mobile pumps will enable responsive and efficient water removal from flooded regions, which was problematic during the monsoons of the past years. Municipal data indicates 369 out of 453 flood-prone areas have already seen upgrades, with work on remaining sites slated to commence as early as next year. A senior official highlighted the importance of maintaining full functionality of dewatering pumps during the rainy season to prevent residential suffering from water accumulation.

These various initiatives—from the legal scrutiny of flag regulations to the imminent garbage tax and improvements to flood management—illustrate the BMC’s multifaceted approach to improving governance and public services within Mumbai. The challenges faced by the BMC reflect broader urban management issues prevalent across large Indian cities and highlight the need for continuously adapting to both civic expectations and administrative responsibilities.