Bombay High Court Calls For Cleaner Transport Options To Combat Mumbai’s Air Pollution

Mumbai, 10th January 2025: The Bombay High Court has underscored the critical need for cleaner transportation options to address Mumbai’s declining air quality. A bench led by Chief Justice DK Upadhyaya and Justice GS Kulkarni highlighted the role of CNG and electric vehicles in reducing pollution.

The bench suggested exploring the possibility of allowing only CNG-powered vehicles and gradually phasing out diesel engines, noting that the approach of Delhi could serve as an inspiration without directly copying it. This discussion emerged during a suo motu Public Interest Litigation initiated in 2023 to address Mumbai’s worsening Air Quality Index (AQI).

In urging the city to shift towards cleaner transportation, the court proposed a phased transition from diesel vehicles, encouraging the adoption of CNG and electric options. It also pointed out the severe pollution problems Mumbai faces after Diwali, including low visibility and haze. The bench inquired about potential solutions to these recurring issues, stating, “We know the problems and their causes, so now what is the solution?”

The court also criticized the failure to enforce its 2023 order restricting firecracker usage during Diwali. It observed that despite the directive, firecrackers were set off late into the night, and implementing agencies had not followed the court’s instructions.

Regarding air pollution, senior advocate Darius Khambatta, acting as Amicus Curiae, brought attention to bakery bhattis, which are the third-largest source of pollution in Mumbai, following construction sites and heavily polluting industries. The court stressed the urgency of addressing this issue.

The bench raised concerns about the fuel used by bakery bhattis, which are common in small eateries and bakeries. “Reports suggest Mumbai produces over five crore buns annually, and this could be a significant pollution source,” the court noted. It recommended the possibility of banning wood or coal-fired bhattis, urging the Brihanmumbai Municipal Corporation (BMC) to take action.

The BMC informed the court that it had issued notices to bakeries using coal or wood-fired bhattis, giving them a year to transition to more sustainable kilns. Advocate General Birendra Saraf suggested stricter measures for non-compliant establishments.

The court expressed dissatisfaction with the BMC’s approach, which appeared to prioritize development over air quality. “A choice cannot be made between development and clean air,” the bench remarked.

As Mumbai faces growing air pollution, the High Court has called for immediate and effective measures, emphasizing the need for authorities to ensure that development aligns with environmental sustainability.