‘We block drains, grab land’: Bombay High Court says Mumbai’s flooding ‘our own creation’

4 min readMumbaiUpdated: Jul 7, 2026 03:01 PM IST

The Bombay High Court noted that clogged drains, parking on pavements, and footpath encroachments had also contributed to Mumbai’s waterlogging. (Express File Photo by Akash Patil)

The Bombay High Court said Tuesday that citizens should stop blaming BMC alone for Mumbai’s chronic monsoon waterlogging, observing that encroachments, clogged drains, and the misuse of public infrastructure have made the situation “our own creation”.

The bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam Ankhad also issued notice to the Department of Atomic Energy (DAE) on the Brihanmumbai Municipal Corporation’s plea seeking land to widen a road in Mandala village on the Sion-Trombay stretch, after the civic body said it had removed encroachments from its portion and the remaining land belonged to the DAE.

“We are destined to see rainwater on Mumbai roads… We cannot help it,” ACJ Ghuge said.

‘Our habit is to rob our own motherland’

ACJ Ghuge said also said that “we are good at grabbing lands”.

“We have an uncanny knack for grabbing lands. We put all the dirt and material inside that, we block the gutters. We have pavement blocks. They are inaugurated by people’s representatives and then they become parking lots. One small spell of rain blocks the roads in Mumbai. It’s our own creation,” Justice Ghuge said.

“We should stop blaming the corporation. The corporation gave us drainage lines. We filled up the drainage lines. They put pavement blocks. We started parking our cars on them. Corporation gave us footpaths, we started having pav bhaji, pav masala, sabudana vada … stalls on them.”

The judge added that footpaths outside the Bombay High Court on the east side were also occupied by photocopy machine shops, tea stalls, and orange juice vendors.

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“You can’t walk. What will the corporation do? Our habit is to rob our own motherland. So we grab land and then we put up our shops and do this illegally,” Justice Ghuge said.

Justice Ghuge also expressed displeasure over those who invoke the law only after facing demolition notices.

“When the corporation comes for demolition, you say ‘give me seven days’ notice’. Then, suddenly, the law books are opened, and you start reading the law. When you grab the land, nobody reads the law. So that is how things are in Mumbai. We are destined to see rainwater on the road with everything clogged. Cannot help it,” Justice Ghuge added.

BMC’s reply

Last month, the Bombay High Court said it would decide whether contempt proceedings should be initiated against the civic body after considering the BMC commissioner’s reply.

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On Tuesday, Senior Advocate Milind Sathe, representing BMC, stated that the civic body had cleared the encroachments for the existing 30-feet-wide road, for which nearly 192 trees were also felled.

However, he said, the remaining land required to widen the road to 50 feet was with DAE, which oversees the Bhabha Atomic Research Centre (BARC), situated in the vicinity of the road concerned.

Sathe added that if BARC wanted a 50-feet-wide road, the civic body was ready to make it; however, it should provide the encroachment-free land between 30 and 50 feet. “It seems the BARC does not want the road to be widened.”

After hearing the civic body, the high court observed that “DAE needs to take a decision” on offering land to widen the existing road by another 20 feet.

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Sathe said if DAE and its Directorate of Construction, Services and Estate Management (DCSEM) were willing to offer the land, “a decision could be arrived at as regards whether the road, presently 30-feet wide, could be widened to 50 feet.”

Issuing notice to DAE on the civic body’s interim application, the Bombay High Court posted the matter for later this month.

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Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.

Expertise & Authority

Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.

Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:

Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:

Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).

Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).

Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.

Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.

Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.

Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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