HC orders BMC to clear debris on defunct cycling track in Sion East
Mumbai, Oct. 25 -- The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to remove debris and garbage from a plot of land on Flank Road in Sion (East), where a defunct cycling track stands, and to establish a regular cleaning mechanism. However, it also questioned whether a public interest litigation (PIL) filed in the matter was bona fide.
A division bench of chief justice Shree Chandrashekhar and justice Gautam Ankhad, on October 13, took on record a BMC communication dated July 7, 2025, while hearing the PIL filed by Payal Shah, a civic activist from Sion (East).
Shah, a resident of Flank Road, had sought directions for the BMC to clear unauthorised dumping, debris, and garbage from the site, alleging that it was causing traffic congestion and obstructing emergency access for ambulances. She also requested that the land be restored for lawful public use as a pay-and-park facility.
However, the high court noted inconsistencies in the petitioner's claims. It observed that the representation Shah relied upon, dated January 16, 2025, made no mention of traffic congestion or dumping but instead referred to a proposal for a pay-and-park facility. The bench observed that the petitioner had not clarified when the garbage accumulation began or what steps she had taken to address it prior to approaching the court.
In her petition, Shah had highlighted earlier developments on the land, including leave and license agreements with the nearby Shanmukhanand Hall in 2012 and 2016, and a cycling track project sanctioned with a budget allocation of Rs.100 crore. The track was built in 2020 along the Tansa pipeline.
However, as Shah highlighted in her petition, the track fell into disuse over time. It has been plagued by unauthorised encroachments, garbage dumping, and illegal activities. Residents of Sion have long been demanding that the track be converted into a pay-and-park facility.
Earlier this year, the BMC scrapped a proposal to convert a portion of the track into a parking facility after officials pointed out that a 2006 high court order requires a 10-metre buffer on both sides of the Tansa pipeline to remain free of encroachments or parked vehicles.
In her petition, Shah argued that due to the arbitrary discontinuation of the pay-and-park facility and the incomplete cycling track project, the land at Flank Road has become unsafe, encroached and unhygienic, causing severe public inconvenience, traffic congestion, and hardship to local residents, traders, and commuters. The termination of the track's cleaning and maintenance contract in December 2024 had led to the accumulation of waste, the PIL said.
The PIL added that the authorities' continued inaction amounts to a violation of citizens' fundamental rights to equality, livelihood, and a clean environment under Articles 14, 19(1)(g), and 21 of the Constitution.
However, the court disposed of the petition, stating: "The petitioner herself is a resident of Flank Road, Sion (East), but she claims that she has filed this writ petition in public interest. On a bare reading of the writ averments, we find that this litigation filed as Public Interest Litigation is not for a genuine cause." The bench said that Shah had not clarified the extent or duration of garbage accumulation, nor demonstrated prior efforts to resolve the matter.
The bench nonetheless issued directions to the BMC to ensure prompt removal of debris and garbage from the track and to implement an effective cleaning system....
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